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HomeMy WebLinkAbout04-08-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, April 8, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jeff Kane with C3 Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-085) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the March 18, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-085) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 8, 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of a Construction Services Agreement between the City of Milton and North Georgia Concrete, Inc. for the Landrum Road Bridge Replacement. (Agenda Item No. 13-086) (Carter Lucas, Public Works Director) 3. Approval of a Professional Services Agreement between the City of Milton and Pond & Company to Provide Final Engineering Services for Intersection Improvements at the Hopewell Road – Birmingham Road Intersection. (Agenda Item No. 13-087) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. Patriots Day Proclamation Presented to the Sons of the American Revolution. (Councilmember Bill Lusk) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2013 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 13-088) (Stacey Inglis, Assistant City Manager) 2. Consideration of U13-01/VC13-02 – Birmingham Highway (SR 372) East Side, Luca Gianturco for a Use Permit for one baseball field and an 8,800 square foot barn. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1/Residentially used property and provide a 50 foot setback along the north and east property lines. [Section 64-114(3)(b)] (Agenda Item No. 13-089) (Kathleen Field, Community Development Director) 3. Consideration of T13-01 – AT&T and American Towers, LLC and AT&T Mobility Corporation, 14295 Birmingham Highway, Ellen Smith for a new 140 foot tall (145 foot including screening tree branches) and related antennas and equipment wireless telecommunications facility designed as a tree. (Agenda Item No. 13-090) (Kathleen Field, Community Development Director) 4. Consideration of RZ13-08 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Barns or Riding Areas. (Agenda Item No. 13-091) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 8, 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5. Consideration of RZ13-09 – To Amend Chapter 64, Zoning Ordinance, Article I, In General, Sec. 64-1 Definitions as it pertains to Barns and Riding Areas. (Agenda Item No. 13-092) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Professional Services Agreement between the City of Milton and Michael Elliott, Ph.D for the Purpose of Providing Facilitation Services for Two Sub- Areas within the Route 9 North Visioning Study Area. (Agenda Item No. 13-093) (Kathleen Field, Community Development Director) 2. Consideration of a Resolution Supporting a Grant Application to Firehouse Subs Foundation for the Purchase of a Fire Safety Education “Smoke House.” (Agenda Item No. 13-094) (Matt Marietta, Fire Marshal) 3. Consideration of a Resolution Amending Resolution No. 10-01-127, A Resolution Appointing A Board Member For District 1 To The Planning Commission. (Agenda Item No. 13-095) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-096) The minutes will be Provided electronically HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTUI ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and North Georgia Concrete, Inc. for the Landrum Road Bridge Replacement. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITYATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BYCITYATTORNEY APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: REMARKS: O'i0813 N 4 PHONE: 678.242.2500IFAX: 678.242.2499 N® -Gfeen *(:entified NNNNER Cit.of info@cityofmiltonga.us I www.cityofmiltonga.us ,ri;, Co1. mmunity i Ethics O' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004-acERPrI`PIED BRONZE -- JJ,%,,U 40' Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Seeba, PE, Stormwater Engineer Date: Submitted on March 26, 2013 for the April 8, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and North Georgia Concrete, Inc. for the Landrum Road Bridge Replacement. ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: The project scope will include removal of an existing bridge located on Landrum Road and replacement with a pre-cast concrete box culvert system. The existing bridge is in very poor condition, with limited weight bearing capacity. Repairing the bridge is not cost-effective. The new culvert system will have similar hydraulic capacity and will have a service life in excess of 50 years. The pre-cast concrete box culvert system can be installed within a very limited time frame, and will help minimize the amount of time the road will be closed. Access to properties in this area will be provided at all times. All permits and easements have been attained. In accordance with the city procurement procedures , a public Invitation to Bid (ITB) was issued on February 4, 2013. Bids were opened on February 28, 2013. North Georgia Concrete, Inc. was the only responding bidder for this project. Staff has determined this to be a reliable bid. Staff is recommending approval of a Construction Services Agreement with North Georgia Concrete, Inc. in the amount of $150,227.00. Table 1. Bid Summary Firm Bid North Georgia Concrete, Inc. $150, 277.00 No other bids Funding and Fiscal Impact: Funding for this project is available in the Infrastructure/Bridge Replacement Capital account. Alternatives: 1. Do nothing. The bridge will continue to deteriorate the point where the road would need to be closed. Page 2 of 2 2. Alternative Structures. Precast arch structures were evaluated but determined to be more expensive that the structure selected. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 3/22/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement 1JQMEOF' il; Bi[! (; .M. 11-71. 0_.N)� L STAB Lis ] F E P 2'J06 CONSTRUCTION SERVICES AGREEMENT FOR LANDRUM ROAD BRIDGE REPLACEMENT This Agreement (the "Agreement") to provide intersection pedestrian improvements is made and entered into thisd��'day ofOIIi�3, 2013, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and North Georgia Concrete, Inc_ a Georgia corporation with its principal place of business located at 85 Chestatee Industrial Park Drive, Dahlonega, Georgia 30533 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued a Request For Bid 13-PW2, to solicit bids for the Landrum Road Bridge Replacement Design -Build; and WHEREAS, based upon Contractor's bid to construct and to provide the design build services as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (20 Pages); 13. Request For Bid RFB and Addenda (57 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated (4 Pages), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C", E. Plans and specifications, attached hereto collectively as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Save Affidavit, attached hereto as Exhibit "G"; I. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and J. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govem. Section 2 Proiect Description This project scope calls for the demolition and design/build replacement of an existing bridge located on a tributary of Copper Sandy Creek on Landrum Road in Milton, Georgia. In general, the scope includes demolition and removal of the existing bridge, establishment of appropriate bedding materials, installation of a new double barrel, pre -cast concrete box culvert system, pre -cast (or cast -in-place) wing walls/parapets, cast -in-place turn downs (as needed), guardrails, safety fencing, and gravel road surface preparation. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on Contractor agrees to complete the 2 Project within 30 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor's Compensation, Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed $150,277, except as outlined in Section 5 below. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the amount set forth in the Proposal Submittal Form, and City will not pay any other swn attributable to taxes, costs or expenses that Contractor may incur in providing the Work. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the City, the City shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the City for payment. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviations in tests or inspections performed, 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 change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Upon the City's certification of Final Completion of the Project, an invoice should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered.. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section b Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders 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. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. 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 total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution 0 the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Proj ect. 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 services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City's requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Worm, 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 further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 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. Contractor agrees that it will perfonn 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. Further, the Contractor agrees to bear the full cost of correcting the Contractor's negligent or improper Work, the negligent or unproper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor's duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required raider the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor's opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. 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 services 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, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's_ Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perforin the services 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. G. Contractor's Representative Allen Harp shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative_ 11. Assignment of Ap-reexnent 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. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it andlor 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, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively "Liabilities"), which may be the result of willful, negligent or tortious conduct 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 is caused in part by a party 6 indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. 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 the City or City Parties, by any employee of 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, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and bold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement J. independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including 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. 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. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (1 0) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another 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 7 such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney 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 limits no less than: (a) Comprehensive General Liability of $1,000,000 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 there from. (b) Comprehensive Automobile Liability (owned, non -owned, .hired) of $1,000,400 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 there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the 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 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; 8 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 City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply witb reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's Liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the: City, its officials, employees, agents and volunteers for losses arising frorn work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers 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. 9 (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: W1. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall famish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit "C" and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavits 10 It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to detennine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise 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. Compliance with the requirements of Q.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that the employee number category designated below is applicable to the Contractor_ 500 or more employees 100 or more employees Fewer than 100 employees. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." 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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "G", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). N. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs 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, 12 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 statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. D. Conflicts 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. P. 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, consultants, 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. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Record's 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 I of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, 13 certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform, the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Reserved S. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. T. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and topics of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such 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. U. 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 the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working 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 to make a good faith effort to resolve problems, may result in termination of the contract. 14 5ectioli S Covenants of the City A. Right of Entry The City shall provide for equipment along the Bethany complete the Work. B. City's Representative right of entry for Contractor and all necessary Bend Road right-of-way, in order for Contractor to Jim Seeba shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section_ 9_ Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative{s} near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. Termination for Convenience: I. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. iii_ Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor's receipt of City's notice of termination. The City shall have no further liability to Contractor for such termination. Further, and 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 the City's total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor 15 seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make .no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement,, the Contractor or its Surety will pay the difference to the City to finish the Project. C. 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 treated as a termination for convenience under the terms of Section 1 O(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. 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 II - No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. 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 employee, officer, director, or elected or appointed official. Section 12 Miscellaneous A. Complete Agreement. This Agreement 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 document signed by 16 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, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Larv. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision 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. D. 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. E. Invalidity of Provisions. Should any part of this Agreement For any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect 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 which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in wziting 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 Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 Milton, GA 30004 Attn: City Manager NOTICE TO CONTRACTOR shall be sent to: North Georgia Concrete, Inc. 85 Chestatee Industrial Park Drive Dahlonega, Georgia 30533 Attn: Allen Harp 17 G. SovereignImmunity. 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. H. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. 1. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and case of reference purposes only and in no 'way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, 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 Contract, 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, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. 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 the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the 18 Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed Linder seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 North Georgia Concrete, Inc. Iz• �.. Signature W, PrinE arne Lin Title SIGNED SEALED AND DELIVERED Izz th .-presence of i Witltess ( orporate Secretary should attest) Print N T / x C if otary Public [NOTARY SEAL] My Commission Expires: SIGNED. SEALED. AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] 20 EXHIBIT "A" REQUEST FOR SID M. I LTO.N E•'.i? i� CITY OF MILTON INVITATION TO BID (TIT IS NOT AN ORDER) . ......... Bid Number: Project Name: 13-PW2 LANDRUM ROAD BRIDGE REPLACEMENT DESIGN BUILD Due Date and Time: Bidder Phone Number- February 28, 2013 Number of Pages: 54 Local Time: 2:4Opm Attn: Rick Pearce, Purchasing Office Issue Date: February 4, 2013 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2439 Milton, Ga. 30404 Website: www.cityofmiltongams 1NSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number- Bid Number: 13-PW2 City of .Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office BID RESPONSE. 13400 Deerfield Pkwy Special Instructions: Suite 1076 Milton, Ga. 30004 Deadline for Written Questions February 20, 2013 Email questions to Rick Pearce at rich.peurc�iryofmiltonga. us IMPORTANT: SBE STANDARD TERMS AND CONDITIONS l3ir�n�u.� n�t�sT rr�nn�r.�r� Tui �nr.I.awr�c Biddcr NarnclAddress- Authorircd Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number- Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: .BIDDERS MOST RETURN TUIS..COVER SHEET WITH BID RESPONSE. Table of Contents Topic Page Invitation to Bid 3 Introduction 5 Bidding Instructions 6 Insurance Requirements 6 Bonding Requirements 6 Bid Submittal Form 8 Addenda Acknowledgement 9 Bid Bond 10 Qualifications Signature and Certification 13 List of Subcontractors 14 Sample Construction Agreement 15 Project Specifications 41 Maps/Drawings 48 Bid Price Certification 51 Disclosure Form 52 Schedule of Events 54 2 CITY OF MILTON Purchasing Division Invitation to Bid Number: 13-PW2 LANDRUM ROAD BRIDGE REPLACEMENT The City of Milton is accepting sealed bids from qualified Firms for a Bridge Replacement Project for the Public Works Department in confonnance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with these docuanents and the Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on February 28t', 2013. Sealed bids shall be submitted to; City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 1076 Milton, Ga. 30004. At approximately 2:05 PM Local Time on February 28`x', 2413 bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location will .not be accepted. Bids shall be presented in a sealed envelope with the bid number (13-PW2) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL. (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Rick Pearce at rick.pearce(acityofmiltonga.us. headline for questions is February 20't, 2013 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about February 22, 2013. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. .Please refer to Bid (I3-PW2) and bid name Landrum Road Bridge Replacement when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor shall start within 1 week of Notice to Proceed on Design and be shall be completed in satisfactory manner, as deemed by the City of Milton Public Works Department, within 3 weeks from the NTP. Once the design portion is completed to the satisfaction of the City, the City will issue a Notice to Proceed on the Construction Phase. The contractor will start work within I week of Notice to Proceed. The contractor shall be essentially complete within 30 days from start of work. The road shall be closed no longer than 30 days. if weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. To bid on this project the construction firm must be a G©DT qualified contractor and provide (on separate qualifications sheet) a list of at least three similar bridge or large (72" or larger) culvert projects for a local government, county or state agency (with references) upon which the contractor has served in a lead or prominent role. At a minimum, the qualifications list should include the name of the jurisdiction for which the work was performed, a brief description of the work, size of the structure, reference name and contact information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 34004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 13-PW2 LANDRUM ROAD BRIDGE REPLACEMENT The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia. Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise apart 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 lump sum price 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. BIDDING INSTRUCTIONS FA11JJRF, TO RETURN THF FOLLOWING RID DOCUMENTS COL) LD RES L]LT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: I. Filled out and signed invitation to Bid (Page 1) 2. City Bid Submittal Form, and City Bid Bond 3. Applicable Addenda Acknowledgement 4. Qualification Signature and Certification 5. List of Subcontractors 6. Bid Price Certification 7. Disclosure Form 8. Contractor Affidavit and Agreement (eVerify) (Listed as Exhibit F in this document) 9. Qualification sheet listing projects that meet the experience requirement along with references. Use your own form. INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum price contract with one firm to be the primary supplier of the Landrum Road Bridge Replacement (13-P W2). No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. 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. 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 ITS on the lowest, best, responsiblc, and responsive vendor. 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 business in the State of Georgia with an A.M. Best .Rating A-6 or higher and acceptable to the City. Insurance requirements are included in the SAMPLE C:ONI'RACrF AGREEMENT below. 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 (not including the laid alternate), 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 a PERFORMANCE BOND .for the faithful performance on the contract and a PAYMENT 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. MAINTENANCE BOND valid for a period of two years from the completion of the project in an amount equal to one third (113) 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 O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITS become the property of the City of Milton Bid Submittal Form Landrum Road Bridge Replacement BIDDERS MUST RETURN THIS SHEET WTI'H }BID RESPONSE 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 dociunent. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perforin all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (Lump Sum) $ Print Dollar Amount COMPANY ADDRESS AUTHORIZED SIGNATURE� PRINT I TYPE NAME uTLE ADDENDA ACKNOWLEDGEMENT i:3 f �7 i17 �1.�y� if�� � t7 �1 fl ll: ►�If: �-f:�I:i��til�f -. (1;3117:7 a);� 1�7►6� �] Bidder acknowledges receipt of the following addenda: Addendum No, Date viewed Bidder further declares that the frill name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of Bidder (Seal) Company Name Bidder Mailing Address: By: Title: By: 'Title: BID BOND CITY OF MILTON, GEORGIA BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE Attached hereto is an executed Bid Bond in the amount of Bid). Dollars ($ (Five Percent of Amount 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 sura stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite i 07 Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER-- DATE UMBER-DATE (riot later that Bid due date) PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof; do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY Cal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: 10 Signature and Title: Attest: Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required. by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).. 4. Payment under this .Bond will be clue 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. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 11 the terms of this Bid Bond shall be governed by the laws of the State of Georgia. 12 QUALIFICATIONS SIGNATURE AND CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE I certify that this offer is made without prior understanding, agreement, or connection with any corporation, fine, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. f further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-I0-20 et. Seq. have not been violated and will not be violated in any respect. Authorized Signature Printrrype Name Print/Type Company Name Here Date 2013 CORPORATE CERTIFICATE 1, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing hid; 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 _ This (Signaturc) day of , 20I3 (sea]) 13 LIST OF SUBCONTRACTORS BIDDERS MIDST RETURN THIS SHEET WITH BID RESPONSE 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; 14 NA I LTO Reference Only Subject to change SAAIELE CONS TR UCTION A GREEMENT This Construction Agreement (tire "Agreement') is made and entered into this day of 20 by and between the City of :tfilton (hereinafter referred to as the "City'), and hXXX . a Georgia corporation with its principal place of business located of XXY—YXk' (hereinafter referred to as the "Contractor'}. WITNE'SSET M.� WHEREAS, the City issued a Request far Bid, dated AXY3GG'YXX•YXXX,' and WHEREAS, based upon C'ontractor's bid in response to the Request for ,Bid for XXKk XXX,CXXXXX the City has selected Contractor as the successful bidder; and WHEREASS. Contractor has agreed to perform such work as set forth in this Agreement according to the terms and conditions provided in this Agreement; and WHERE -IS, C(mdractor has familiurLed itself with the nature and extent of the Contract Documents, the Project, and the Work with all local conditions and federal, state and local lases, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must he licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor; in consideration of the mutual promises contained he, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section I. Contract Documents The following documents tyre incorporated herein by reference and conslirute the Contract Documents, A. This Agreement; B. Rsgucst for Bid (and other bid related documents) attached hereto as Exhibit ".4 C. Bid Documents frons Contractor dated January 25`)',2013 attached hereto as Exhibit ''B D. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit .'C E. Non-colhssion,4fJidavit of Prime Bidder, attached hereto as Exhibit "D F Final Affidavit. attached hereto as .Exhibit "E"; G. .Alien Employment affidavits attached hereto as Exhibits "F" and 'G"., H. SA VE eiffirdavil attached hereto as Exhibit "H",- 1. Plans and specifications, attached hereto collectively as Exhibit "! 15 J Key Personnel, attached hereto as ahibit ",I"; It. The following which may be delivered or issued after the Effective Date o(the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if property adopted in writing anti executed by the Parties, and all Architect's plans. Section 2. Protect Description The Project is defined generally ns follows:.'UY:Y_U' •VX .Y Y.Yk:Y Section 3. The Work The Work is specified and indicated in the Contract Documents (the `Work'). The ii ork previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described 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 derermined by the City in its sole discretion, shall govern. Section 4. Contract Time Contractor agrees to complete the Project within XVYdays from the date of the City's issuance of a written Notice To Proceed Every effort will he made by Contractor to shorten this period The Project shall only be considered complete upon the Architect 's issuance of a final Certificate for Payment ("Final Completion ). The Contractor agrees to pay an amount of SXXXX per day, not as a penalty, but as liquidated damages because actual damages would be difficult or impossible to determine, for each day beyond XXXX clays without completion of the Project. Section 5. Contractor's Compensation; Time and Method of Payment City agrees to pay the Comractor K%X.Y KVJbr• work performed by Contractor upon certification by the City that the work roar actually performed and costs actually incurred in accordance with the Agreement. Compensation for work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of. and the issuance by the Architect of a Cerrificate far Payment regarding, invoices setting forth in detail the work performed and costs incurred Invoices shall be submitted on a monthly basis, and .such invoices shall refect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with D. C. G.A. §X14-14-366. The Contractor through each 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 .architect, with the remaining ten percent (I M) to be retained by the City until Final Completion of the Project. The final Certificate for Payment issued by the Architect shall include allamounts retained by the City under this paragraph. Any material deviations in tests or inspections perforated, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreemeni shall he clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City subsequent to the issuance of a Certificate for Payment by the Architect. No payments will he made for unauthori=ed work. Pavment will be sent to the designated address by U.S. Mail only, payment will not be hand - deliverer though the Contractor inn 'v arrange to pick up payments directly from the City or may make written requestsfor the City to deliver payments to the Contractor by Federal Express delivery at the C'ontractor's expense. ,Section 6. Work Changes A. 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 he incorporated in written change orders. Such change orders or construction change directives shall specify the changes In 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 Ciry in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed -with the changed work. B. Any work added to the scope oj'lhis Agreement by a change order or constructian change directive shall be execrsled under all the applicable conditions of this Agreement. No claim for additional compensation or etrtension of time shall be recognl_ed unless contained in a written change order or construction change directive duty execrated on behalf of the City and the Contractor. C. The City Manager has authority to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid render this Agreement- Any such change orders or consmiction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under This Agreement in excess of S10, 000, 00, must be approved by the City of Milton Mayor and Cotencit Section 7. Covenants arrontrerrtor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is. of the Essence Contractor specifically acknowledges that TIME IS OF THE ESS.ENCEfor completion of the Project - C Lxwrlise oLContr-actor Contractor accepts the relationship of trust and confidence established between it and the City, recognising 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 services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this dgreemeni. D. Budgetary Limitations Contractor agrees and acknovledges 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 budgawy limitations established without disregarding sound principals of Contractor's profession and indust, y, Contractor will give written notice immediately to the City. E. 00,'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 services performed unefer this agreement. The Contractor acknowledges ant/ 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 petformance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards orfor performing services under this agreement in accordance with sound and accepted professional and industry 17 principals. F Contractors Reliance ofSubrWssions by the Cir, Contractor must have timely it formation and input fi•orn the City in order to perfarnt the ser -vices required tinder this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall he 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, orWhervise problemalic. G- Contractor's Representative shall be aulhoriaed to act on Contractor's behalf' with respect to the Work as Contractor's designated representative. H. Assignment oJAgreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, %vithout the prior express written concent of the City 1. ResponsibtliN of Contractor and Indemnification of City The Contraclor covenants and agrees to take and assume all responsibility, for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement- Contractor shall defenr4 indemnify and hold harmless the City, Its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including beet not limited to, attorney's fees, which may be the result oj'willftnl, negligenr or tortiotes conduct arising oast 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 whore acts the Contractor or subcontractor may he liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. 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 ani, and all claims against the City or any of its agents or employees, by any employee of 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, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. J. Indeaendent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services its an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are perforated; the instrumentalities, tools, supplies and/or materials necessary to complete the services, hiring of Contractors, agents or employees to complete the services; and file payment of employees, including compliance with ,Social Security, withholding and all other regulations governing ,such matters- The Contractor agrees to be solely responsible far its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. 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 Conlraclor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contracior's expertise, all permits, licenses, or approvals that may be necessaty for the performance of the services. The Contractor shall fatrnish copies of all such permits, licenses, or approvals to the City's Representative within fen (10) days after issuance_ Inasmuch as the Cray and the Contractor are contractors independent of each other neither has the authority it) bind the other to any third person or otherwise to act in any way as the representative. of the other, unless othernvise 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 authori_ed,, in advance and in writing, to do so, and then only for the limited purpose stated in such authori�atlon- The Contractor shall assume fail! 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. K. Insurance (1) Requirements: The Contractor shall have and maintain in frill force and effect for the nitration 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 ifso approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to at- destruction rdestruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned non -owned, hired) of $1,000,000 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 51.000, 000 per accident.. (3) Deductibles and Self -Insured Retentions.• Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Ardamobile Liability Coverage. (1) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor. premises owner!, 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 City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or se f insurance maintained by the City, its officials. employees or volunteers shall be excess of the Contractor's insurance and shall not 19 contribute -with it. [iii) Any failure to comply with reporting provisions of the policies shall not aftct coverage provided to the City, its officials, employees. agents or volunteers, (i v) Coverage shall state that the Contravlot-'s insurance shall appty separately to each insured against whom claim is made or writ is brought, except with respect to the limits of the insurer's fiubility. (w) Coverage shrill he provided on a "pay an behu f" hasis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City for General Liability coverage only. (vii) All endorsements to ,policies shall be executed by an authori_ed representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for lasses arising from work performed by the C'ontractorfor 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 (3 a) days prior written notice by certified mail, return receipt requested has been given to the Citv. (ii) Policies shall have concurrent starting and ending dates. (d) .builder's Risk Insurance. Contractor .shall provide a Builder's Risk to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Contract price, written on a Builder's Risk ",Ill Risk, " or its equivalent. The policy shall be endorsed as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by (]caner; and iii) Performance of Work in connection with construction operations insured by the Owner, by agents or lessees or other Contractors of the Owner or Using Agency-" (5) Acceptability of Insurers: Insurance is to he placed with insurers with an A.M. Rests' rating of no less than A: VIT (6) Verifcation_of Covent e,: 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 certificates of insurance and endorsements for each insurance policy are to be signed by a person authorised by that insurer to bind coverage on its behalf- The certificate of insurance and endorsements shall be on a form utilced by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City- The City reserves the right to require complete, certified copies of all required insurance policies, at any time- The Contractor 20 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 insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subfect to all of the requirements stated in this Agreemew, including btu not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years offer termination or final payment under the ,Agreement, whichever is later. (9) Chy as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agrecment. L. E to la vmento Unauthorized Aliens Prohibited (1) E-VerifyAffidavit It is the policy of City that unautharLed aliens shall not he employed to perform work an City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence un City -provided farms, attached hereto as Exhibits "IT" and "G" (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 within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (-EEV-or -E-Verb') program, of the social security numbers, or other idenl6ing information now or hereafter accepted by the F VeriA program, of all employees who will perform work on the City contract to ensure that no unauthorised aliens will be employed. The Contractor hereby verifies that it has, prior to executing chis &-eement, execarted a notarised affidavit, the form of which is provided in Exhibit "F", and submitted such affdavit to City. In the event the Contractor employs or contracts with any subcontractors) in connection with the coveted contract, the Contractor agrees to seer<re f•o+n such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and l?vle 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G ", and such subcontractor affidavit shall become part of the contractorlsubconiractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "G" to the City within five (5) business days afteceiptfi-om any s•ubcootructor. The City 1fanager 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 uerfication was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification processfor a period of three (3) years following completion ofihe contract. The City Manager or his1her 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 andpersonnel 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 hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.1:. 99-603, O.C.G.,A. § 13-10-91 and Rule 300-10-1-.02. C'ontractor's compliance with the requirements of O. C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit• attached hereto as Exhibit "F" and incorporated herein by this reference. 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. (2) SAVE Affidavit and Secure Verifiable Document 21 Pursuant to D.C.G.A. J50-36-1, the City must obtain a SAVE Affidavit and u secure and verfable document evidencing the Contractor's legal staters in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Controctor herebv verijies that it has, prior to executing this .Agreement, executed a S-1 VE tffrdavir (eo he sworn under oath under criminal penalty offalse swearing pursuant to D.C.G.A. § a form of which is attached hereto as Erhihit "M ", and sirhmilted such affidavit to the City in person, electronically, or by mail. Farther. Contractor verif es that it has, prior to executing this Agreement, submitted a secure and verifiable documen{ evidencing the Conlraceor's legal stulus, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions .Act). Contractor verifies that it is in compliance with the Residency Sixtus of an Applicant for Puhlic Benefit, as required by the Georgia Security and Immigration Compliance .Act (D. C.G.A. § 50 -36 -.1 - Al. Records, Reports and,Audits (1) Records!.- (a) ecords: (a) Records shall he established and mainlained by the Contractor in accordance, with requirements prescribed by the City with respect to all matters covered by this agreement. Except as otherwise authorised, such records shall he maintained far a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs 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 whale 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 statements, records, reports, data and information related to matters covered by this Agreemem in the form requested by the City. (3) Audits acrd Inspections: fit any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this .Agreement. IV Conflicts of Interest Contractor agrees drat 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. a Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such conjidential information and will require any cf its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, irtforination, opinions or conclusions that Contractor creates ander this Agreement shall not be made mailable to, or discussers with, any individual or organi_ation, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorised disclosure and use of City information whether specijically deemed confidential or not. 22 P- Licenses C-eai tcatians and ermets 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. City, local boards, agencies, commissions, committees or other regulatory bodies in order to pertorm the ,services contracted for under this Agreement. All work performed by Contractor under this .agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent prufessiunals. Q. Key Personnel AIt of the individuals identified in Exhibit "J" are necessary for the sraccessftrl prosecution of the Fork due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Alanager or members of the prcyeel team, as listed in Exhibit "J", without written approval of the City. Contractor recogni:es that the composition of this team was instrumental in the City's decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted Any substitutes shall be persons of comparable or superior expertise and experience_ Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. .R- ON to Contract The Contractor covenants and declares that it has obtained all necessary approvals oJ-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. S, Ownership of Work All reports, designs, drmvings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials') shall be the property of the Cita+ and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to surch materials. If any materials are lost, damaged or destroyed hefore 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. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that Wray occur daring the term of the contract, at no additional cost to the City- Meetings will occur as problems arise and will he coordinated by the City. The Contractor will be given a minimum of three full working 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, tvr'o consecutive missed or rescheduled meetings, or to make agood faith effort to resolve problems, may result in termination of the contract. Section S. Covetuantr of 0ty RiQht of Entry 23 The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work B. City's Representative .X,YX.X-,VX shall be aulhori:ed to act on the City's behalf with respect to the Work as the City's designated representative Section 9. Warranty Except as may be otherwise specified or agreed. the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Protect at no additional cost to the City. An inspection shall be conducted by the City or its represenrative(s) near the completion of the one-year general warranty period to identify any issues that twist be resolved by the Contractor. Section 10. Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third - parties unless otherwise instructed by the Ciry, Provided that no damages are due to the City for Contractor's failure to perform in accordance iviih this Agreement, the City shall pay Contractor ,for work performed to date in accordance with Section 5 herein. The City shall have no.farrther liability to Contractor for such termination. Further; and 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 paymeal exceed the total profit and overhead remaining in Contractor's budget at that tiaic. B. The City may terminatic this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and. if Contractor, or its Surety, fails to cure the default tivirhin that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of The Project and deduer the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all cosrs 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, the Contractor or its Surely will receive the applicable funds due. If the costs of completing the Prgject exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the Laity terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will he treated as a termination for convenience under the terms of this Section (A) above. D, Oi on termination, the Contractor shall- (1) promptly discontinue rill services affected unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and mach 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. E. The rights and remedies of the City and the Contractor provided in this Section tyre in addition to any other rights and remedies provided under this Agreement or at lain or in equity. Section 11. Construction Administration The City and the Contractor will communicate with each other in the first instance through John Rebar or designee. B. The Architect's decisions in matters relating to aesthetic effect shall be finot if consistent with the 24 intent of tins Agreement C. THE DUTIES. OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR UNDER THIS AGRE&VENT SUALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCIIARGED, RELEASED, OR SATISFIED BY .ANY DUTY, OBLIGATION UR RESPONSIBILITY OF THE ARCHITECT THE CONTRACTOR IS NOT A 7WIRD-PARTY BENEFICIARY OF ANY AGREEMENT BY .AND BETWEEN THE Od3'IvER AND THE ARCHITECT: ITIS E,YPRESSLY,ACK'dOIYLEDG.ED AND AGREED THAT THE DUTIES OF THE CONTRACTOR TO THE CITYARE INDEPENDE,'v'T OF, AND ARE NOTDIMINISHED BY, ANY DUTIES OFTHE NF ARCHITECT .TO THE CITE: Section Il. Miscellaneous A. Complete Agreement. This Agreement contains all oj' the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each o}'which shall be deemed to be an original, but all of which together shall constitute one and the satire instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any tour,/ of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as tf this Agreement had been execured 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 inchiding any such part, perms or portions which miry for any reason be heregfter declared invalid E. ftlice. .411 notices requests, demands and other communications hereunder shall he in writing and shall he deemed received and shall be effective when personally delivered or on the third day after the postmark date schen mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first he fairnished to the other parties by written notice in accordance here'Brith: NOTICE TO CITY shall be sent to. City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: F Sovereign lmrmtniU. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's rlualifred good faith or official immunities. G. Force Ak eure. Neither the City nor Contractor shall he liable for their respective nou-negligent or non -wilful failure to perforin 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 sirch performance due to.' (i) any cause bevond their respective reasonable control,- (1i) any act of Clod; (iii) any change in applicable governmental rules or regtdations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion orfood (i) 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; 25 or (vii) any pear, hostility, embargo, sabotage, civil disturbance, riot, insurreclion or invasion. In such event, the time for performance shall be extended by an amounI oj-timeequal to the period oj' delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such exiensiorr may be added to the Contract price subject to the terms of Section 6 and approval of a Change Order relating to saux. ,1.11 other obligations shalt remarry intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed uncter seal as of the date first above written. (Contractor name) By: A nest: ,Yk:�Y'XX.'OC [4FFIXCORP0RATF. SEAL] SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public f NOTARY SEAL) My Commission Fxpires: [SIG N,ITUR ES CONTINUED ON THE FOLLOWING PAGE] 26 Approved as loform: City Artorney CITY QF MILTON (CITYSEAL] SIGNED, SL4LDD, AND DELIVEIED in the presence of waness Notary Public [NOTARY SF 4L] My Commission E.Tpires: 27 EXHIBIT `A" EXHIBIT ..g„ 28 EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN B Y THESE PRESENTS THAT Firm Name (as CONTR4CTOR, hereinafter referred to as the "Principal'), and (as SURETY C0AIP,4 NY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly hound unto the City of Afilron, Georgia (as QWNER, hereinafter referred to as the "City'), far the rise and benef 1 of any "Claimant, " as hereinafter defined, in the sum of Dollars (S _ J, lam f tl money of the United States of rinierica, 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 ro enter, into a certain written agreement with the City, dated the of 20� which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as FY12 Project Name (hereinafter referred to as "the PROJEC."T'). NOW THEREFORE, the conditions oj-rhis obligation are as follows.- 1. That if the Principal shall fully and completely perforin each and all of the terms. provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surely shall inelemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the leans, provisions and requirements of the Contract, including all rnodificatrons, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall he void, otherwise to remain in full force and effect; 2. In the event of a failzere of performance of the Contract by the Principal, which shall inchtde, but not be limited to, any breach of default of the Contract: a. 1 he Contractor's Surety shall commence performance of irs obligations and undertakings under this Bond no later than thirty (30) days after writlen notice from the City to the 29 Contractor's Surety, and b. The means, method or prove Are by which the Contractor's Surety undertakes toTxerform its obligations under this Bond shall be subject to the advance written approval of the 01v - The C'ontractor's Surety hereby }naives notice of any and all modifications, omissions, addilions, change., and advance payments or deferred payments in or about the Contrary. and agrees that the obligations undertaken by this frond shall not be impaired in anv manner by reason of any such modifications, omissions, addilions. changes. and advance payments or deferred payments. The Parties further expressly agree their any action on this Bond may he brought within the time allowed by Georgia Imt for suit on contracts under seat IN WITNESS WHEREOF, the prinripal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their dally authorized officers or attorneys -in -fact, this day of Firm Name By. rittert: -- _ f.-tFF YC ORPOR4„TE.51:41..7 Date. - ,4ttesr: Date: (Insert Name of Contractor's Surety) (ATTAC'H°SVRl;TY SPOWER OFA TTOR+ M' 30 L) PAYMENT BOND CITY OF MM TON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Firm Name. (as C0?VTRACTOR, hereinafter referred to as the "Principal"), arra (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Millon. Georgia (as OWNER, hereinafter referred to as the "City''), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of Dollars ($ ], laufrd money of the United States of.America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, erecietors, administrators, successors and assigns, jointly and sererally, firmly by these presents. WHEREAS, the Principal has entered, or it above to enter, into a certain written agreement with rhe City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as Project Name, (hereinafter referred to as "the PROJECT') 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 " shalt be defined herein as any Subcontractor, person, Party, partnership, cotporation or other entity furnishing labor• services or materials used or reasonably required for use in rhe performance of the Contract, without regard to whether such labor, services or materials were sold, teased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor per forming Work on the Project. In the event of any claim made by ilii 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 lime allowed by Georgia law for suit on contracts under setal. 31 IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereumo affixed their corporate seats and caused this obligation to he signed by their duly authoriwed officers on this day of 20 attest: Date. A rtesr: Date: Firm name By: (Signatures Continued on Next Page) (insert Nume of Contractor's Surety) By: Title: (4TT.4CHSURETY'S POWER OF A7-TOPA'EY) 32 MAINTENANCE ROAD CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT [FIRU NAME] (as CONTR4CTOR, hereinafter referred to as the "Principal" located at [FI1?rl1 ADDRESS], and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety ), are held and firmly bound unto the City ofAldfon, Georgia (as OWNER. hereinafter referred to as the •'Ciry"), for the use and benefit of the Cityfor maintenance of Improvements as described below in the sum oj' Dollars (S , lawsird money of the United .States of America, for the payment of which the Principal and the C'ontr•acem- s ,Curety hind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fainly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain tivritten Agreement with the City, dared , which is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement'), for the construction of ecrruin Imprm•ements as contemplated by that Project for [PROJECT AFAAfE] (hereinafter referred to as the "Project'); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that it mainfenartce bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of five (5) years beginning on maintain all improvements ("Improvements') involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. "Phar if the Principal shall maintain the Improvements as described above: and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City frovn any and all losses, liability and damages, claims, judgments, liens, casts mrd fees of every description, including brit not limited to, any damages for casts of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and ander•lakings 33 under• this Bond no lacer than thirty (30) days rfier written notice from the Cray' to the Contracror's Surety; b. The means, method or procedure 6y whh h the Coniractor 's Surety undertakes to perfornr its obligations ander this Bond shall he suhjecl to the a*ance written approval of the City. The Parties further expressly agree that anv action on this Bond may be brought within the lime allowed by Georgia Ima.for soar on contracts under seal. IN WITNESS WIIERE[OF, the Principal and C.'onlractor s Surety hcn,e hereunto affixed their corporate seals and caused this obligation to be signed by their daily authora_ed officers on this day of 20 [SIGMA TURES ON THE FOLLOWING PAGE] Attest: By. Name, Tille: Date: A ttest: By: Name, Title: Date: (ATTACH SURETY'S PO DYER OF A TTORVEY) 34 (Contractor Name) By: Name. Title: (SEAL) (Name of Contractor's Surety) By: Name, Title: (SF -4L) STATE OF GEORGIA City of Milton EXHIBIT ".D" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER being first dryly Dvorn, deposes and says that 0) He is (0141ner, Partner, Qfrer. Representative, or argent) of X_VXXXK) XKY (the ",Bidder') that has submitted the attached Bid; (2) He is filly informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid,- (4) id; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees. or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder; firm ar person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain front bidding in connection with such Contract, or has in any collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or- of any other Bidder-, or to secure through any collusion, conspiracy, connivance or unlawfnl agreement any advantage against the City or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawfid agreement on the part of the Bidder or any of its agents. representatives. owners, employees, orparties in interest, including this affidavit. (6) Bidder has not directly or indirectly violated 0,CGA § 3&91-21(d), (Signed) Subscribed and Sworn to before me (Name) this day of —.20— Title My Commission Evpires Date 35 (5'EAL) EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MIL TOM GEORGIA £., hereby cert that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by X.IXXXXX or any of its subcontractors in connection with the comaruction of the XXVVXVM for the City have been paid and salisfred in full as of , 20 and that there are no outstanding obligations or claims of arty kind far the payinent of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signatura Title Personally appeared before me this day of 20 who under oath deposes and says that he is of the firm of XXY-VYVV-YUC 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 My Commission Expires 36 .STATE OF GEORGIA CITY OF VILTO.,V EXHIBIT "F" CONTRACTOR A FFIDA VIT AND AGREEMENT By executing this a idavit, the undersigned contractor verif es its compliance with U-C.G-A. ,Q 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City has registered tivith and is participating in a federal work cnrthori=ation program, in accordance with the applicable provisions and deadlines established in 0- C. G. A, § 13-10-91. The undersigned further agrees than, should it employ or contract with any subcontractor(3) in connection with the physical pe►formaitce of services pursuant to this contract with the City, contractor will secure from such subconlroctor(s) similar verification of compliance with O -C -G -A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 304-10-01-.0 3 in (he form attached hereto as Fxhibit 4'1. " Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City at the time the subcontractor(s) is retained to perform such service. LEY/ Basic Pilot Program User Identification Number BY.- r4trthor_ice d Ofcer orAgenI Date (Contractor name) Title ofAuihori_ed Officer or Agent of Contractor -- —._.._.._........ ---......................................................... _._... _ ......................... Printed Name ofAuthori:ed Officer or Agent SIGNED, .SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] Aly Commission F_'xpires. 37 ST4 TF, OF GFORCI.A CITY OF MILTON EXHIBIT `'G" SUBC[itYT.RACTOR AFFID A VIT By executing this affidavit, the tendcrsigned subcontractor verifies its compliance with O. C. G.A. ¢ 13-10-91, stating affirmatively that the individual, firm or corporation x°hich is engaged in the physical performance of sendees under a contract with Firm Name on behalf of the City has registered a,ith and is participating in a federal work atrthori: ation program, in accordance with the applicable provisions and deadlines established in O. C. C. A. § 13-10- 91. EEYI Basic Pilot Program User Identification Number BY: Authorised 0gicer or,4gent Date (Insert Subcontractor Name) Title of Authorized ❑fcer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SIGNED, SEALED, AND DELIVERED in the presence of-- y fy Public [NOTARY SEAL] Illy Commission Expires: 38 EIII811, "11" .S: I t '1:.9 jjirlrn'it RY rrre:It1&iha cr,�fii lrmk rturler- rrrldr. ural rIA- r7rt ufrlrliru++! fitr a public he trefrr, as IV- 'rerr.'cci rn ! r. [ r1--;4.1 • fruir! tfr, [ 'it r of 4 fi!rrrn. [Ire' rurrlersi r+errl of plicrrr+rr :2 r i%re r rrrt� ()f the jrrllrne irr iritf, n .rin'rt to rr!} tpf rir'utirit; frrl aptrhirc hr:relit: II .. f .11M rr i it!rfrd,Sxrll's citrfrrr+- �! ! �nrr r! Ie.:,ul hernrrtnen! res•idrrrt nf•tlrr i%frired.l'irurs. ') u+r: rr cPeali!iccl ulic't! or rxrrr-ilrurri;raru rrr+tler the Federal l+nrrrii,>rcrlirrrr rrr ri:ti'uti.rrrrali.,,, , . iri;f, rrrt ulicrrt rrrrtr+hcrr is-5'ilc'r.11)y lite IJepur'lurrsrr! njllatrrrrlrrred.7c°curill• or utlter frrlcrcrl rrrrrri�r :.inr; :I rn. ,'. A[v rrlicrr rtr+rrncC1.1- ivrric'tl br. (lect Oeparf r cnl rrj llurrrt'ktrrrl .S'cerrrirt rrr rrther jr'tlrrrri :r,!rr,'i r:Niru; i •rr:'u is. 1'!x' rartrlcrrsi�rrc'r! ufrlrlicant !16'rr horerhy tie,' ie!s that he ur she is Ih' }'r'urs ujuKe' rrr erlrLer Arte! Irus' ln'rn:uc'cf ur !c'ua'T ur!:' rerrrr'N rurrl rrtr rrrhlr= f rhx•uuu•r+t. rls' r'veyvired hz, •� a0-3(,-1fe)II), rriNr Ihi-r uf�duvit. Iln serine and t�erifruhfer cIr)carrtrc rat prvr'icfr:'d With this uffirlrlvft cart hest 1�c+ c"=zvsijdc'r! a -c 1rr rrrrr�irp; lire rthar'e represerttatinrr r+ruler uutfr. 1 +rnrler;slar+rf Ilrrl( airy Ijer•snrr who hrtl7l:'dl1 1}' flrjjl }1'!11f!frli' !rlilrL'.S rt Jirlse, .frctiliorrs, nr jruudrrlertt sJrrtcxrertt nr rcpl es'etrtulintr i+r an uffidawl shall he uilti of a •I1) 1 tiukr=ior+ ul !7•[;. [:„-t. iti fi ?(1- ruxl iar;rr Crimirrrrl pertallku us clllotie'crd bV -such c'rirrtirull sinlutc- fi.ar;r•rrled i.r {rirul, Wait.). Sr�nufirre r f 'rl)plircrrr� - _ 1'r•irrl�d ,�'rrirn. of •.-I ppliccrrrt 131."FORE All, oh 1'111.5 !!1G Aie)TA f2r'r'r;f3L.1i -WV ('rJlrrrrtissiGrt 1:rpirc=.c; 39 EXHIBIT "I" SilalQvil Drawings EXHIBIT "J" KEY PERSONNEL EVD ►SAMPLE CONTRACT 40 Project Specifications Landrum Road Bridge Replacement (Design/Build) General Description of Project Scope: This project scope calls for the demolition and designlbuild replacement of an existing bridge located on a tributary of Copper Sandy Creek on Landrum Road in Milton, Georgia. In general, the scope includes demolition and removal of the existing bridge, establishment of appropriate bedding materials, installation of a new double barrel, pre -cast concrete box culvert system, pre -cast for cast -in-place) wing waIIslparapets, cast -in-place tum downs (as needed), guardrails, safety fencing, and gravel road surface preparation. As part of this scope (design phase), the contractor will provide design drawings and installation specifications stamped by a Georgia Registered Professional Engineer (PE). In addition, the contractor shall provide an "Erosion and Sediment Control Plan" stamped by a Georgia Registered Professional Engineer. The contractor is responsible for all coordination with any affected utility companies and for developing an acceptable plan for relocation of utilities as required. The hydraulic design, environmental permitting, and easements are to be provided by the City of Milton. The materials and construction standards for the pre -cast box culvert, wing walls, and parapets shall comply with GDQT specifications. The contractor is responsible for coordination with all affected property owners, and the City Public Works Department. Note: Only pre -cast box culverts will be considered for this project. Cast -in-place parapets and wing walls may be considered as a substitute for pre -cast. For additional details on this scope see conditions, additional scope details (Section 12) and attachments. 41 1.0 General Conditions a) The contractor is required to visit the project site prior to submitting his bid, to verify scope of work and project requirements. b) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon. - Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 5:00 PM. c] Contractor must notify the City of Milton (67 8) 242-2500, twenty-four (24) hours prior to beginning construction. d) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. e) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. f] Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. g) The contractor is responsible for coordinating all work activities with affected property owners and utility owners. Any necessary relocation or modification to any utility, publically or privately owned, shall be done in cooperation with, and to the required specification of, the affected owner. The City of Milton will not be responsible for any fees associated with utility relocations or replacements. Any costs should be included in bid price. A conceptual layout of the water line re -location is provided in the attachments. This plan should be verified for accuracy and correctness. h) The construction phase of this project shall be for a duration of 30 days from start to substantial completion. The road closing shall be no more than 30 days. See also Section 11.0 "Schedule". i) All work shall comply with GDOT construction standards and City of Milton construction standards. A P.E. certification of materials and installation shall be provided by contractor - j) There shall be no changes to the scope of work without prior approval of the City of Milton. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and he responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. 42 c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired', and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval; such approval or disapproval shall be made by the architect or engineer prior to the opening of bids. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. fj The contractor shall designate a foreman/superintendent who shall direct the work 3.0 Erosion and Sediment Control a) 'chis project does not require permitting for erosion and sediment control. However, the contractor will provide a erosion and sediment control plan and will be responsible for providing 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 shalt have certified erosion and sediment control personnel on site at all times. All NPOES, GSWCC and City of Milton guidelines should be followed. b) 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. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. d) 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. e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type °C", for silt fence fabric. Type °A" silt fence fabric and construction may be allowed with prior written approval from the land development inspector. f) 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. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of %: inch of mulching, temporary and permanent seeding of all other disturbed areas. j] The contractor is not responsible for replacing trees, shrubs, or (non -grass) ground cover. 43 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations. d) Testing for all sub -grade materials and compaction will be the responsibility of the contractor. e) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for sill or stabilized with stone or a geo-textile or geo- grid. f) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99. g) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub -grade shall be brought to the lines, grades, and typical roadway section shown on the plans. h) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. i) Contractor to provide all testing. 5.0 Uti I ides a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. b) Any disruption, or relocation, of any utility must first be approved by the City and the affected utility. All work on utilities must comply with their construction standards. 6.0 Performance a) All work performed shall be in accordance City of Milton Subdivision Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. 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). Contractor responsible for providing and maintaining all road closures. 44 7.0 Safety Requirements a} 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 shall be responsible for any damage to the Owner's property, or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) 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 shall protect against damage or injury resulting from failing materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Wettand areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 Codes, Permits and Inspections a) The City has completed the following; 1) Obtained a Corps of Engineers Nationwide Permit, 2) Completed a hydraulic evaluation with "No -Rise" cer(ification, and 3) Obtained land disturbance permit. b) The Contractor shall otherwise be required to provide 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 Designer 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 Owner, he shall bear all cost arising there from, 10.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 11.0 Schedule a) The design portion of this project shall start within 1 week of Notice to Proceed on Design and be shall be completed in satisfactory manner, as deemed by the City of Milton Public Works Department, within 3 weeks from the NTP. b) Once the design portion is completed to the satisfaction of the City, the City will issue a Notice to Proceed on the Construction Phase. The contractor will start work within 1 week of Notice to Proceed. The contractor shall be essentially complete within 30 days from start of work. The road shall be closed no longer than 30 days. 45 12.0 Additional Scope of Work Details THIS IS A DESIGNIBUIL.D PROJECT. THE CITY HAS COMPLETED THE HYDRAULIC DESIGN AND THE ENVIRONMENTAL PERMITTING PROCESS AND IS PROVIDING ONLY THE BASIC DESIGN CRITERIA. THE CONTRACTOR WILL PROVIDE STRUCTURAL AND CONSTRUCTION CERTIFICATION AND ANY NECESSARY UTILITY RELOCATION PERMITS AND APPROVALS, A SURVEY DRAWING OF EXISTING CONDITIONS AND A GEOTECHNICAL REPORT OF SUBSURFACE CONDITIONS ARE PROVIDED, HOWEVER, IT IS THE CONTRACTOR'S RESPONSIBILITY FOR VERIFYING THIS INFORMATION AND FOR OBTAINING ADDITIONAL INFORMATION AS REQUIRED. THE BASIC DESIGN CRITERIA ARE AS FOLLOWS. SEE ATTACHMENTS AND DRAWINGS FOR ADDITIONAL DETAILS OF THIS SCOPE OF WORK. THE EXISTING BRIDGE AND HEADWALLS SHALL BE DEMOLISHED AND REMOVED AND DISPOSED OF IN AN APPROPRIATE LOCATION. e41*mraY910i0wVIN;&Iam611.342Ia1:1za4myR •10W1011■11�; 1fIITI21�1111106Mrm. i10a0;]LTA �' SITE. NO SEDIMENT SHALL BE ALLOWED FROM THIS CONSTRUCTION SITE. ■ CONTRACTOR SHALL PROVIDE STREAM FLOW DIVERSION AROUND CONSTRUCTION SITE DURATION OF THE PROJECT. + THE CONTRACTOR WILL REPLACE THE EXISTING BRIDGE WITH A DOUBLE BARREL, PRE- CAST, CONCRETE BOX CULVERT EACH MEASURING 7 FEET HIGH BY 7 FEET WIDE. THE CULVERTS WILL BE SKEWED AT APPROXIMATELY 12 DEGREES TO THE CENTERLINE OF THE ROAD AND WILL PROVIDE A CROSS-SECTIONAL LENGTH OF 36 FEET (TWO -10 FOOT LANES WITH 8 FOOT SHOULDERS)_ THE CULVERTS SHALL MEET OR EXCEED GDOT SPECIFICATIONS. USE ATTACHED SOURCE, OR EQUIVALENT. ■ THE DESIGN SHALL INCLUDE APPROPRIATE CONFIGURATION AND PLACEMENT OF GUARDRAIL BASED ON GDOT STANDARDS_ ■ THE TOTAL CROSS-SECTIONAL LENGTH OF THE CULVERTS SHALL BE 36 FEET, AND SHALL BE CENTERED WITHIN THE RIGHT -CF -WAY, AT THE EXISTING BRIDGE LOCATION. IT IS THE CONTRACTORS RESPONSIBILITY TO STAKE THE RIGHT -QF -WAY AND MAINTAIN THESE STANDARDS + ALL WORK RELATED TO THIS BOX CULVERT SYSTEM SHALL MEET GDOT CONSTRUCTION STANDARDS. ■ THE CULVERT INVERT SHALL BE COUNTERSUNK SO THAT THE INVERT IS APPROXIMATELY 18 INCHES BELOW THE EXISTING STREAM INVERT (853.0). THE INVERT OF THE BOX SHALL BE SET AT APPROXIMATELY 851.5 FEET, AND THE INSIDE TOP OF BOX SHALL BE APPROXIMATELY 858.5 FEET. THE CULVERT SLOPE SHALL BE SET AT APPROXIMATELY 0.0%. ■ THE CONTRACTOR WILL SET THE BOX CULVERT ON APPROPRIATE BEDDING MATERIAL SO AS TO MEET GDOT AND MANUFACTORER SPECIFICATIONS. SEE ATTACHED GEOTECHNICAL REPORT FOR ADDITIONAL INFORMATION. CONTRACTOR IS RESPONSIBLE FOR PROVIDING ENGINEER'S CERTIFICATION OF CULVERT BEDDING AND INSTALLATION. • ALL VOIDS, GAPS, SPACES BETWEEN BOX CULVERTS SHALL BE FILLED WITH APPROPRIATE GROUT MATERIAL PRIOR TO BACKFILLING. • BACKFILL SHALL BE SELECT MATERIAL COMPACTED TO GDOT AND MANUFACTURERS SPECIFICATIONS. ■ THE CONTRACTOR WILL SET PRE -CAST (OR CAST -IN-PLACE) WING WALLS AND PARAPETS ON BOTH UPSTREAM AND DOWNSTREAM ENDS ON AN APPROPRIATE FOOTING AS SPECIFIED BY MANUFACTURER AND ENGINEER. THE TOP OF THE PARAPET SHALL BE SET AT A MINIMUM ELEVATION OF 860 -2. 46 ■ BASED ON ENGINEER'S REQUIREMENTS THE CONTRACTOR WILL POUR -IN-PLACE CONCRETE APRONS ANDIOR TURN DOWN WALLS (AS REQUIRED). FOLLOW GDOT AND/OR MANUFACURER SPECIFICATIONS. ■ THE CONTRACTOR WILL PROVIDE SCOUR PROTECTION ON BOTH ENDS OF CULVERT AS REQUIRED BY ENGINEER. • THE CONTRACTOR SHALL RESTORE THE GRAVEL ROAD WITH A MINIMUM OF 8 INCHES OF GRADED AGGREGATE BASE. THE ROAD SURFACE SHALL MATCH THE EXISTING ROADWAY MATERIAL IN TERMS OF GRADATION AND COLOR. ■ THE ROAD BED SHALL BE 20 FEET IN WIDTH WITHIN THE LIMITS OF CONSTRUCTION. THE APPROXIMATE CROWN ELEVATION AT THE CENTERLINE OF THE CULVERT IS 961.0 • A 4 -RAIL BLACK PRE-TREATED FENCE (MAX. HEIGHT OF 55") SHALL BE INSTALLED ALONG THE INSIDE FACE OF THE WINGWALLS, AND CULVERT PARAPET ON BOTH THE UPSTREAM AND DOWNSTREAM ENDS OF THE CULVERTS. THE POSTS SHALL BE APPROXIMATELY 7 FEET APART. SET IN CONCRETE_ POSTS SHALL BE SET ON EITHER SIDE OF THE CULVERTS, WITH ONE (1) POST SET (WITHIN A CONCRETE ENCASEMENT) AT THE MID -POINT OF THE TWO CULVERTS. THE FENCE SHALL RUN FROM THE END OF WINGWALL TO END OF WINGWALL ON BOTH UPSTREAM AND DOWNSTREAM ENDS. THE FENCE IS TO BE PAINTED (TREATED) WITH A BREWERS COAT BARN/ASPHALT PAINT. ■ THE ROAD SURFACE SHALL BE GRADED AND BLENDED TO MATCH EXISTING ROAD GRADES, SLOPES AND ALIGNMENT. THE ROAD SHALL BE CROWNED AT THE CENTERLINE WITH 2% SLOPES TO EDGE OF RAW. 13.0 Geotechnical Report (Contractor to Verify Findings) http: //b it.iv/X UZEGG 14.0 Drawings Attachments Note. The City of Milton is not responsible for the accuracy of the Iinked documents. The contractor should verify accuracy of this information prior to submitting a bid. The documents provided do not exempt the contractor from providing any necessary additional services required to complete this scope as described. Any specific products mentioned on these drawings maybe substituted with an equivalent product. Use of these products or any substituted products must be approved by the City of Milton and must comply with applicable GDO+T standards as specifications. 47 48 IT T i .a `j, V =Fir= t" v ERT ICA, 5,cAju r &IOPSZOOAXSCALE, r. zo, TO COOPER Ne NORM W16 Tbz KIM 1511 %00." LVW XJ K I-ISOCITPOft"ft ?4wwv..k cwwva 3*9l LONG TO M.M.Lo" 1=1zlim-willipFlit 77f1.431.�Si3 49 "Z Existing Conditions OATZ� I .......... . . . .. . .. .... .... .. ...... ... . .. . .... ..... ------------ %00." LVW XJ K I-ISOCITPOft"ft ?4wwv..k cwwva 3*9l LONG TO M.M.Lo" 1=1zlim-willipFlit 77f1.431.�Si3 49 "Z Existing Conditions OATZ� I This drawing is for general information purposes and is not to scale. The culvert is not shown to scale 50 DID PRICE CERTIFICATION BIDDERS MUST RETURN THIS SHEET WITH DID RESPONSE 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 Sid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATU PRINT f TYPE DAME 51 DISCLOSURE FORM BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your Bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description. of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount[Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 52 EXHIBIT "F" [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verities its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City has registered with and is participating in a federal work authorization program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City, contractor will secure from such subcontractors) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City at the time the subcontractor(s) is retained to perform such service. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Contractor name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEA1,1 My Commission Expires: 53 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date- 2/4/2013 ate: 2/4/2013 2/20/2013 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) 2/22/2013 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 2/28/2013 @ 2:OOPM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite -107G Milton, Ga. 30004 Tentative Contract Award (On/about) 3/18/2013 Notice to Proceed Issued (On/about) 54 3/19/2013 M1 .LTO N' *fr ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 41 ITB 13-PW2 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: r__ic_k pearee(a;citvofmiltont!a.us I hereby acknowledge receipt of documents pertaining to the above referenced I.TS. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 ADDENDUM #1 ITS 13-PW2 (questions and Answers 1. Do the culverts require an inlet and an outlet apron? Typically GADOT requires an outlet apron. The elllvei-t inverts etre to br huried belwii, the witural stream beer to allow a ``naturaI bsett€ tit" to re-fortn. Whether alt aliron is required is the design er/suppliers call, however, the rationale must be substantiated and the City must agrei:. 2. The existing waterline must be relocates) at the contractor's expense per the specification. Can the contractor perform this work if they are a licensed Georgia Utility Contractor? Does the relocated waterline need to be placed below or above the precast box culvert? Does the waterline feed from both directions or does it only feed in one direction, if so please let us know which direction the water feeds? ,.rhe planning :and costs for relocating utilities is considered a portion of the: contractors Bill. The work must be approved of by the appropriate utility. The C:iht has im prefa rence as to liow or vvbo performs the work as lung as it is contained Nvithin tine RIW or ryas€inent provided. 3. Will a cad rile be available for use in design so existing field elevations per the Long Engineering drawing included in the bid documents he incorporated in the design drawings? .1 would anticipate that a CAD rile will not be available. .However. the City will attempt to locate said file. 4. The specifications state the contractor will provide utility relocation permits, should this be handled by the City since the owner (City of Milton) has the required easements and R.O.W. required. See response to question 2 .above. The relocation of utilitw lines is the responsibility of the contractor. The Cit,v has obtained the ROW and easement indieate€l on the sketcheN. All work needs to be contaiited within thew limits. 5. Does the City possess the required R.O.W. and necessary easements? Yes, the Cih, will provide. 6. Who is responsible for the cost associated with any utility relocation? In past dealings with utility owners they are more responsivewhen dealing with a municipality vs. a contractor. Tht contractor is responsible. 7. Will the City approve the shop drawings for the pre -cast box culverts or is the responsibility of the design -build team? l'he coutravtor is responsible for su1)ndtting approved lelanx to the City. The"design' (ie, engineered) portion of this cotttra.ct applies to the structure and to the actual construction. The City will then verify that the contractor has all necessary plauslappro als to complete the project prior to issuing a \T1' for construction. 8. Who is responsible for the cost associated with the testing of the soil backfill (compaction) and concrete testing? 'fhc ccrrrtrac€or is responsible. 9. Since there is no building is builders risk insurance required as referenced in the sample contract? This iters has been listed in past sample contracts and has been deemed only specific to the construction of buildings, please confirm. The contract(w shall provide liability insuraucc as stated in sample contract 10. There is a maintenance bond included in the bid documents valid for 5 years. Is a ]maintenance bond required for this project? This is not typically required on roadway projects with other municipalities. 11. Can you please confirm the duration for the maintenance bond required? Page 7 in the bidding instructions indicates a period of two years, but the maintenance bond (page 33) indicates a period of five years. 'l'lle cur:tractor shall provi€ie a Z year maintenance hond. 311': . 1TB 1 E'W? EXHIBIT "B" BID FROM CONTRACTOR Bid Submittal .Farm Landrum Road Bridge Replacement BIDDERS MUST Rl: ITLR-N TI [IS SHEET WITH RID RESPONSE The undersigned, as bidder. declares and represents that it has examined tile: site of the work and informed hirriselPhcrseIf fully in regard to all conditions pertaining to the place vYhere the work is to be performed, including those conditions affectlno the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read tilt Bidding Document and has satisfied himself/herself that. the Bidding Document is all adequate and acceptable reflection of the work which is required to be perforrned and that the bidder is willing and able to perfontt al of tete wort- necessary. The bidder further certifies that no additional information is required to conrplcte the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding dneurnent. Hereby proposes and agrees, if this bid for the above named prt�ject 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 iii the IT13 and the bid doctnnents to be performed or furnished by bidder for the for the: total contract price of: Total Base Bid Price (Lump Sum) S 31 Z ¢ 7. Print Dollar Amount DAfe HOW,0.4&V 77i(i e-7 - .tree'7"wloHvw,0,46F-,�) . CON,m-'1\Y T North Georgia Concrete,_ Inc. AE3MESS P-0- Box B27 Fayetteville# GA 30214 AUTHORIZED SIGNA'ruRE PRI\T! TYPI \- 1A.M . R. Allen Ha TITLE President NCC NORTH GEORGIA CONCRETE INC. Box Culverts a Headwatls d Wallso Dams o Bridges o Poured Concrete 18o Robinson Drive Suite B o PO Box 827 0 Fayetteville, GA,5 phone 77o-461-0040 fax 770-461-oo5o March 12, 2013 Mr. Carter Lucas, PE Public Works Director City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 RE: Landrum Drive Culvert Replacement Dear Mr, Lucas, This letter is in reference to the requested alternate pricing for timber guardrail on the above referenced project. As we discussed in our meeting last week the project was priced utilizing GADOT guardrail Type'W' with two each straight Type 1 anchors and two each straight Type 12 anchors, Upon conversations with our supplier S.I. Storey Lumber there are two products for your consideration. These products are: TimBarder TimBarrier is a timber guardrail system designed for aesthetics and roads with a lower speed limit. This system is designed for applications with traffic speeds rated at 25 mph. We have actuality installed this product on a project for Dawson County (Holcomb Road). I will attach photos and links of this product for your review. Steel Backed Timber Guardrail The Steel Backed Timber Guardrail is the rail I referred to and submitted pictures during our meeting. This system has been used on Federal projects and the unblocked system is rated at 45 mph. This system utilizes a steel backing to reinforce the rail sections. I will send pictures of the TimBarrier installed on a project along with links for crash data and material specifications for both systems. Basically the differences are the crash ratings for each system based on the specific needs for Landrum Drive. The pricing information is listed in the chart below. Pncina ITEM UNIT UNIT PRICE AMOUNT TimBarrier Lump $16,530.00 $15,530.00 Additional Design Lump $400.00 $400.60 Fee Deduct Guardrail Lump <$9,170.00> <$9,170,00> in bid Total Add for $7,860.00 Tim -Barrier Timber Guardrails stem Steel Backed Lump $19,800.00 $19,800.00 Timber Guardrail (non -blocked Additional Design Lump $400.00 $400.00 Fee Deduct Guardrail Lump c$9,170.00> c$9,170.00> in bid Total Add for Steel Lump $11,030.00 Backed Timber Guardrai l system If you any questions regarding this proposal please contact me at your convenience. Thank you for the opportunity to quote this portion of work. Sincerely, R. Allen Harp President No Text EXHIBIT "C" BONDS BOND NO. GAC 58513 EXHIBIT "C" PERFORMANCE BOND North Georgia KNOW ALE MEN BY THESE PRESENTS THA TConcrete, Inc. (as CONTRACTOR, hereinafter referred to a$ the "Principal'), and Merchants Bonding Company ( SURETYCOMP.ANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in One Hundred Fifty Thousand the sum of Two Flundred Seventy Seven Dollars ($150.277.00 }, lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered or is about to enter, into a certain written agreement with the City, 1i1�� dated tha of LWICh 201'3 which is incorporated herein by reference in its entirety (hereinafter I..andrum Road Bridge referred to as the "CONTRACT'), for the construction of a project known as Replacement (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the conditions of this obligation are as follows: L That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all rmo&ftcadons, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's .Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of arty 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 ofperformance of the Contract by the Principal, which shall include, but not be limited to, any breach of 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) days after written noticefrom the City to the 29 Contractor's Surety, and b. The means, method or procedure by which the Contractor's Surety undertakes to,perfcrm its obligations under this Bond shad! be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice ofany and all mo&ficadons, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this .bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor's Surety have hereunto cobned their corporate J� seals and caused this obligation to be signed by their duly authorized afters or attorneys -in fact, thist.�i day of fl/�[tet ! , 20 13 North Georgia Concrete, Inc. Firm Name By: ,fittest. nn AFFIX CoRPo�TE SEAL Date: 0-420-1 420— 1 .fittest: Merchants Bonding Company (Insert Name of Con"etor's Surety) (A7"TACH,SURETY ;S P0WER OF ATTORNEY) 30 MERCHA T777S k BONDING COMPANY:,., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Chancey 3. Shepherd, Josh Bridges. Kaylan Miers, Rachel Fell, Kerry W. Plumley of Alpharetta and State of Georgia their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: EIGHT MILLION FIVE HUNDRED THOUSAND ($8,500,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed - This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc-, on October 24, 2011, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizanoes, contracts of indemnity and other writings obligatory in the nature thereof - The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 26th day of September , 2012 STATE OF IOWA COUNTY OF POLK ss. •4�GCU4 m�?p4PQ'V 'qy: y 1933 ; c; .d A . ■ MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Ri /-r,77� President On this 26th day of September , 2012 , before me appeared Lary Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Maines, Iowa, the day and year first above written- ��MARANDANb NWA 2T Com m n um My Commission Expires vwr October 26, 2014 STATE OF IOWA COUNTY OF POLK ss. r�. l !Votary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC-, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this ✓�Vh day ofma(+r 1 . 04 a' 1933 : c • Secretary POA 4014 (11/11) �'$+�' ":��g �'� '.■�Y ••�1.•• _y BOND NO. GAC 5$513 PAYMENT BOND CITY OF MILTON, GEORGIA North Georgia KNOW ALL MEN BY THESE PRESENTS THAT Concrete, Incas CON'T'RACTOR, hereinafter referred to as the "Principal"), andNierchants Bondin Cam anxas SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held andfirmly bound unto the City of Milton, Georgia (as OWNER, hereinafter One Hundred Fifty Thousand referred to as the "City'), for the use and benefit of arty "Claimant, " as hereinafter defined, in the sum of ,l ne Hundred Seventy Seven Dollars ($_154,277.00 }, lawful money of the UnitedStales ofAmerica, 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, �ich is in, herein by reference in its entirety (hereinafter referred to as the dated1V Landrum Road Bridge "CONTRACT'), for the construction of a project known as Replacement (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void- otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of arty claim trade by the Claimant against the City, or the filing of a Lien against the property of the Cary 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. 31 IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporrate, seals and caused this obligation to be signed by their duly authorized officers on thr&Q&L day of /09-tcvJ ,2Q13 North Georgia Concrete, Inc. Firm name By, (Signatures Continued on Next Page) Date: L x) jo ),3 e t: Date: —c'? D 3 Merchants Bonding Company (Insert Name of Contractor's Surety) (ATTACH SURETY'S POWER OFATTORIVE19 32 MERCHANTS� BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Chancey J. Shepherd, Josh Bridges, Kaylan Miers, Rachel Fell, Kerry W. Plumley of Alpharetta and State of Georgia their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: EIGHT MILLION FIVE HUNDRED THOUSAND ($8,500,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Oirectors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizanees, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of September , 2012 . STATE OF IOWA COUNTY OF POLK ss. ;�b��L'IQO�p'-Aq• L7 4 :Z.t y. 1933 . cd. l�aQ MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President On this 20th day of September , 2012 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT % Commission Number 770312 My Commission Expires or. October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and ccmact copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness ., Whereof,,II have hereunto set my hand and affixed the seal of the Companies on this juil day of irwetl J . V q i�nr„ , .. ..MVco ���..��� u►�-.,.Q : ; moo; a�,Pap4.9'• ��i 1933 c • secretary �C) .yam. ter: PGA 0014 (11/11),y ••;tet~ _ •••d`�''.• ;�•��• MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT North Georgia Concrete, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal" located at 85 Chestatee Industrial park Drive and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as ONV NER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of Improvements as described below in the sum of fifty thousand ninety two Dollars ($50,092), 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, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the `Agreement"), for the construction of certain Improvements as contemplated by that Project for Landrum Road Bridge Replacement (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on maintain all improvements ("Improvements") involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation Are as follows: 1. That if the Principal shall maintain the Improvements as described above; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default oil the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakers to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN 'WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 [SIGNATURES ON THE FOLLOWING PAGE] Attest: By: Name, Title: Date: Attest: By: Name, Title: Date: North Georgia Concrete, Inc. Name, Title: (SEAL) (Name of Contractor's Surety) By: Name, Title: (S EAL) (ATTACH SURETY'S POWER OF ATTORNEY) EXHIBIT "D" PLANS AND SPECIFICATIONS All that work required by and included in Exhibit A Extilarl- •11' IItlIH)LhlS Ll A: 4'l RT."I Lv 11N TIIISSU IV FT NV 1711 RTD R1`spovv FI STATE OF G F OR Gbk (:ATV OF All I.T UN CONTRACTOR AFFiD.AVLT AND AC RU— if VAT B'y r"=Amg dii5 aitid.•lvit" r'Ic tmdcriigi cd ti,uriruclm-,,•trim_• ilk v.:nm skAi:,e kvi•40.C.flA 13DPVI. atfirmaive.'ly kv tv firl-.. ,lr r'xJN3ralicln SMlich is L'a=tllauC:i t_ WWI 11IL: 0114 h15 t'rk:i5lcrctii �ri,h and . narficipmitlg in a C.LkEal +verk au mpricuctiim Fs K: EAliI_ iEs �)Zi:l`:'i;ihc i' wk : the rppli --abic ptov iioni iad LVgr]111rrs ns1: b-4 Frd i'1 0 f • i.'I .'S h� alas gin; tcd fui'1ho' av":.K I --I Lunuealut ■Fina the ;P11ysC-Di perli:ntnu,:m� ul serlriccs pur.;wttt Itr €his C41:7'.nl& WiLll Lhc City, c.'1tMLLc sn• wil. rmill -,vch �'vbrusetrxci.r(R) ,csiticatiurl of c4lywri>:-- With ` 13-L6-'�1 uu the 3ubcLuz ki w.; U_ AiliJ;tvit pit wiwd =;4 Ku 00-10-Ei1-'tM 'al the tilrnv t"hC<1 ltelclt� xti Exlsibi• - 'G. - - C,xitmt't hE74ur agrers t t1t•unt::is: rrtul'ds z1r sucL wi1.pli�nct a-13 1,n1Yidc a cntlY .11',=Jl Sllch r rriti uti:+n sa tlu Cilti IL tilt limn is rcta:ned is Nrf*'m su:'h s'rV iu . 21,.422 _ 1:FV ' ai i'ila,l L'r;k.L m L.sur ider+[itit:l-1u»I \umi:r rte`cl - ;1utlYuucu_' {]tl ir:r �- ��e:i lixi iL'L]nEraC4�7i' n:kll �; Zlzz L1e Grzucgia �'C�3lsiatt � l'itk atl'lyutamb%%cd Offiis:x xqr iNgen: ofCcatractur fi.sLLr✓rE tLatr�: Nilm-C tinmen''Aiaborircu0Mceror 16�pit i UNM.D7 51.AI .f -D, AZii•3 r,Fi J1'f,§tED 1n tlr 11r�>�nce ur: Itiltla, Y C'tn 1: r'..r+i:ln 53 STATE OF GEORGIA CIN I &,all wts I 1 M K91121 EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with North Georgia Concrete, Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Print Subcontractor Narne Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2013 Notary Public My Commission Expires: �I HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' -,M-1�-LTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: March 29, 2013 AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company to Provide Final Engineering Services for Intersection Improvements at the Hopewell Road — Birmingham Road Intersection. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: XYES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY kAPPROVED PLACED ON AGENDA FOR: ©, / o o 13 REMARKS: () NOT APPROVED () NO () NO Your /� ,k PHONE: 678.242.25001 FAX: 678.242.2499 rneEnna Green ; * Cen�fted WINNER Community ' City, o info@cityofmiltonga.us I www.cityofmiltonga.us E.;y 'v4 Ethics yyr 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CER i I 0 Ir ai2t,Zc -- To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on March 29, 2013 for the April 8, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Pond & Company to Provide Final Engineering Services for Intersection Improvements at the Hopewell Road – Birmingham Road Intersection ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: The Hopewell Road-Birmingham Road intersection was identified in the City of Milton Transportation Master Plan as one of the top priority intersections in the city. Pond & Company was awarded a contract in June 2012 for the survey and conceptual design services for this intersection. Based upon the results of the concept design a request for proposals was issued to provide final engineering design services for the project. Staff reviewed 11 proposals and based on qualifications and price Pond & Company is being recommended to provide the final design services. In accordance with the city’s standard procurement procedures staff reviewed the submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with Pond & Company in the amount of $69,800. Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: Jarrard & Davis – Paul Higbee 3/12/2013 Attachment(s): Professional Services Agreement HOME OF I �ILd u" N*t — — ES'10LISliEA 2XD PROFESSIONAL SERVICES AGREEMENT BIRMINGHAM ROAD AT HOPEWELL ROAD INTERSECTION IMPROVEMENTS CONS'T'RUCTION DOCUMENTS This Agreement made and entered into this day of , in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Pond & Company ("Consultant") having its principle place of business at 300 Parkway Lane, Suite 600, Norcross, Georgia 30092. WHEREAS, the City issued a Request For Proposals (13-PW4 Design for Hopewell Road at Birmingham Road Intersection Improvements), to solicit proposals from qualified firms for professional services to develop construction documents for the intersection improvements at Hopewell Road and Birmingham Road; and WHEREAS, based upon Consultant's proposal to provide these services as required by the Request for Proposal documents, the City has selected Consultant as the winning firm, and WHEREAS, Consultant has agreed to perforin such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR PROPOSALISCOPE OF WORK EXHIBIT B RESPONSE TO RFP/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SU13CONSULTANT AFFIDAVIT EXHIBIT F SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A" and Exhibit "B." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Reimbursable expenses shall be billed at the direct rate; no mark- up or administrative fees will be paid by the City. Mileage shall be billed at a rate no greater than the standard IRS mileage rate. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a total fee of $69,800 (the "Contract Price") for the following tasks without prior written approval from the City. Task 1- Preliminary Plans Task 2- Right of Way Plans Task 3- Final Design and Construction Plans Total Lump Sum Value for Tasks 1-3 $52,000 Task 4- Construction Administration $16,800 Construction Administration will be billed on an hourly rate basis as provided in Exhibit B Estimated Reimbursable Expenses $ 1,000 $69,800 2.3 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 industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant 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 2 determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additionall compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 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 total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, 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 parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the 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. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnifieation The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement, The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any 3 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 the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in anyway by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts_ This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance, Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 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 there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 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 there from. (e) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant'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, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant'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 skull be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. 9 (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant 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 (3 U) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests'rating of no less than ANIL (6) Verification of Coverage: Consultant 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 certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant 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) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) }fears after terinination or final payment under the Agreement, whichever is later. (9) Qity as Additional Insured and Loss Pa Tee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement_ 6.0 Term; Termination The term of this Agreement shall be from April 9, 2013 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with. All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 9.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent_ 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant 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 services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Lav This Agreement shall be governed in all respects by the Iaws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby, Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. I5.0 Sovereigns Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, 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 Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Pond & Company 3500 Parkway Lane, Suite 600 Norcross, Georgia 30092 Attn: R. Brian Bolick, PE 17.0 leo Personal Liability No member, official or employee of the City shall be personally liable to the Consultant 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 Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official_ 18.0 Employment of Unauthorized ,Aliens Prohibited (1) E -)Leila Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts 'involving the physical performance of services_ Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided fauns, attached hereto as Exhibits "D" and "E" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perforin. work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall farther 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise 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. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory, Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor -Mll secure from the subcontractor(s) such subcontractor(s) indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." 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. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C_G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit 'T", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). 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. 19.0 Title VI Compliance Requirements In accordance with Title V1 of the Civil Rights Act, 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 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, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 10 Pound & Company By: R. Brian Bolick, PE Its: Vice President/Principal [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the pre ence af: oseana D. Richards �,��t•`TH'i��•• Aorate �� R`�;....!q/��i,, 1p �uWbl)ljlc Gip z [NOTARY SEAL] v4vI�'•='�G$ • My Commission Expires:s•••Pfff�t� co �, lt /-?'S.15 CITY OF MILTON: By: .toe Lockwood Its: Mayor [CITY SEAL] 1E LL A 11 CLQ EXHIBIT "C„ Insurance Certificate EXHIBIT "D" STATE OF GEORGIA CITY OF MILTON 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C_G.A. § 13-10-9L The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.0$ in the form provided by the City. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ��56gto Errlot Program User Identification Number Y: uth Officer or Agent Date Jkn4 & Company D (RAL—L— b1 — 0 (= (4 (Z' Title of Authorized Officer or Agent of Contractor F k +-1 C--� b W t vt- Printed Naive of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF W (Iai) '2013 Notary Viblic " �`0' - MTN, "of My Commission Expires: HOT''ti yam', C �. 2•i� . �_ dr qo ; Q �i �Oti-..4 c 11100811600.•�� 36 f ";r STATE OF GEORGIA CITY OF HILTON Er XHIBIT SUBCON'Cf ACTOR AFFIDAVIT By execrdting this affidavit, the uneleryigned subcontractor verifies its compliance with O.C.GA 13-10-91, statin.,, affi-rntatively that the indiviclual, firm or corporation which is engaged in the physical performance of services under ct ct with XXXXXXX on behalf of the City of Milton has registered with and is participating in u Pderul work authorization program, in accordance with the applicability provisions and deadlines (-established in U. C. GA ¢ 13-10-01, 1 EE 1 Basic Pilot Program User Identificottion Number - a - BY: Autborized Ofcer nr Agent Date r [ Subcontractor Mame L E1 ZJ7— 1j [ T jllcf ofA utlrorized Officer or• Agent of S ubcotrtractrtr- Printed Ncane of Authorized Officer or Agent SUBSCRIBED AND SWORN B F0 RI• ME ON THIS THE !" DAY OF }�... 201; Notary Public My Commission Exph-ev: 1�-ly 0 EXHIBIT "F" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the follovring with respect to my application for a public benefit: 1) ,.` I ain a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: C -7A 'bV-I\r&s U CLV_k_S In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in NbY&yy55 (city), � (state). Siigniture of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON T IS THE 161 DAY OF A. , 20 � �J OT Y PIJ13LIC .• / f� NOrq•.% My C mission Expires: /��.p� 'Q i dP w • ��/jj�Jjd� r O LIC• Rev 06122/2008 3G8739t532700401 If11111§flfflllllll:IIIIIIIIIIIIIIIIII dds1.ga.gov �www.78 [6413-6400 q64 'i I r+ MEDICAL INFORMATION; ene CLASS: C-<_ 26,000 lbs. GVWR and Traller 5 10,000 lbs. A€I racrear.46A' 'al(r�10 1 Jaded r ENDORSEMENTS: µone RESTRICTIONS: A -None _;, Of 41§962 EXHIBIT "A" Request for Proposal HOME OF `THF BEST UALffY OF LIFE ih< OFORGIA' MILTU'�'�Nllk' 1:STABLIS1-111) 2006 .CITY OF MILTON REQUEST FOR PROPOSALS CMS HIS IS NOT AN ORDER) RFP Number: RFP Title: 13-PW4 Design for Hopewell Road at Birmingham Road Intersection Due Date and Time: March 5, 2013 Number of Pages: 37 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: February 4, 2013 City of Milton Phone: 678-242-2500 Public Works Department Fav: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: w,,v w.citvofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO OFFERORS � Return Proposal to: Mark Face of Envelope/Package: Offeror Phone Number: RFP Number: 13-PW4 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Special Instructions: Office Deadline for Written Questions 13000 Deerfield Pkwy February 14, 2013 Suite 107G Email questions to Rick Pearce at Milton, Ga. 30004 r'ck.tsearce(a7c ,.,_ ityofmiltonga.us �_.,.,.... IMPORTANT: SEE STANDARD TERMS AND CONDITION$ OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and si m 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 ~� Certified * PHONE: 678.2.2500FAX. 678-242.2499H 1" infoftityofmfltonga.us J www.cityofmiltonga.us ' ' _` Community i 13000 Deerfield Parkway, Suite 107 i Milton GA 30004 2 1 I?r P I -j- -v TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section l: Project Overview and Instructions Section 2: AFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton I . 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 -proposal 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. q. 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 DOAS website at http://ssi.doas.state.ga.us/PRSapp/PR index.jsp and on the City's website at http://www.cityofmiItonga.as 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. S. Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp[PR_indcx.jsp and the City website at http://www.cityofmilt<)nga.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 ail 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. HOME OF '-'HE SESt G)IJA,sTY 0!: LIFE N GEORGFA' -r Nit I\/1 I Ll ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH BID 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 R -FP 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 earned Milton Official. AmountNa]t!e 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 RF 13•-1 14 HOME OF `THF-- R ;T ©F tfF;- Nr GFC-;PG;A' MILI 4-0N*t' MABUSHED 2040 RFP# 13-PW4 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) - Design for the Birmingham Road at Hopewell Road Intersection Improvements. 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. 1 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 Print/Type Company Name Here Date 6 f 'r.FP 1 --' P W 4 SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipi of Written Questions Posting of Written Answers by City to Websites IS -=1100 DATE February4, 2013 S PM on February 14, 2013 on or about February 19 2013 No Later than 2 PM on March 5, 2013 NOTE. PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssLdoas-state.ga.us/PRSapp/PR—iudex.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 7 f 13-FVv4 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified fines to provide professional services for the design of the Birmingham Road at Hopewell Road intersection improvements. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CON -TACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact infonnation for the single point of contact is as follows: Procurement Office: Rick. Pearce Address: 13000 Deerfield Parkway, Suite 1076, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce cityofmiltonba.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email (preferred), or faxed to the procurement office referenced above on or before 5 PM on February 14, 2013_ 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 February 19.2013. 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.ci€yofmiltonga.us or http://ssi.doas.state.ga.us/PRSapp/PR—iiidex.jsp. iidex.jsp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. Ry 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 8 1 PFP ! -'_Pv 4 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 nonmaterial, 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 offerors submitting a response to this RFP. E. Mandatory -"euirements. 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 paint reductions during the evaluation process or may be deemed non-responsive. 13 Reserved 1.4 SUBMITTING A PROPOSAL 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) q. Technical Proposal: Each Technical Proposal Shall be: a. Maximum of twenty 20 single sided pages (ten pages if double -sided) b. Minimum of I 1 point font c_ Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a_ Cover letter - introductory remarks and proposal summary no longer than two pages. b. Work Plan - Describe the firm's plans to provide the requested services - a narrative description of the proposed methodology to be used to accomplish the required tasks. Provide a schedule to complete al I of the required tasks. c. Background and Experience, Related Projects and References 1. Include a brief history of your firm, a list of any proposed subconsultants, accompanied by their staff resumes, experience, and a description of the work they are proposing to provide on this project. 9 1 RILP 3_ ;W, 2_ Description of past and current projects or contracts similar to this project, including the degree of involvement of your firm and/or personnel assigned to the project. 3. Include names, titles, and all contact information for clients far whom your firm has performed similar work. d. Pricing (See Section 5) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, March -5z 2013..Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Prposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from, further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. I.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 offerar for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent 10 1 RFP 13-F-'N 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 proposal. B_ All Timely Submitted Materials Become City Pro ert_ 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. 1I I RFP 13,f -W4 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 proposals 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 proposals 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 proposal. 2_ The proposal does not contain confidential material in the cost or price section_ 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce 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 ofProposals as Res nsive 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 12 1 'RJFP 13--PV4 submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B_ Determination of Re onsibili . 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 or a best and final offer 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 in ten -ns of differing price, quality, and contractual factors. 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 proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. F— 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 proposal. Oral presentations and product dernortstrations, 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. 13 I ['FF' 1 �-Pwh 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 proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2,4 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. Cancel or terminate this RFP, 2_ Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution, or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 14 1 R -P 1 3-PW4 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION 4111, .iLMrdrd EWp P U. J c .a Hof -, .Ill - 4r.,e Nnen4' r o , 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Although no federal funding is anticipated on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: 1. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda, 2. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. 3. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. 4. Manual on Uniform traffic Control Devices (MUTCD) current edition, and applicable errata. 5. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. 6. City of Milton Development Regulations. 3.2 SPECIFIC SCOPE OF SERVICES The approved concept report and traffic study completed in December 2012 for the intersection improvements at Birmingham Road at Hopewell Road can be found at the following website: http://www.cityol miltonga.org/HopeweliBirminghamConcepiReport.pdf 15 1 kFF 1 3-F'% 4 PHASE I - PRELIMINARY PLANS The CONSULTANT shall prepare, and submit to the CITY for review; preliminary roadway construction plans using surveys, concept plan, and other information as gathered in the concept development for the project. CITY will provide all available data from the concept phase. The CONSULTANT shall prepare by CADD and submit on paper prints for review by the CITY preliminary roadway designs in English format containing the following.- 1. ollowing:1. Proposed mathernatized horizontal and vertical geometrics for roadways using AASHTO criteria. 2. Preliminary grading plan for roadways, including cross sections of the PROJECT plotted at 50 feet intervals, or closer in special or critical areas. 3. Retaining wall locations and wall envelopes. 4. Drainage design developed sufficiently to ensure adequate right of way and easement is obtained. 5. Hydrologic and hydraulic studies necessary to determine potential impacts from stormwater discharges associated with the project. 6. Preliminary erosion, sedimentation and pollution control plans. 7. Preliminary construction sequence with emphasis on constructability, required easements, and erosion, sedimentation and pollution control. S. PreIiminary eartltwork quantities by stage construction. 9. Final surface typical sections. 10. Preliminary signing and marking plans with location of and other obstacles that may affect right of way. The CONSULTANT shall also include any signage requirements foz detour routes. 11. Preliminary driveway profiles. 12. Preliminary utility plans showing the existing and proposed locations of all utilities. CITY to provide available existing utility information. 13. Preliminary construction cost estimate. 14. Any other information that may be required to accurately assess the ability to construct the project as proposed. The CONSULTANT shall participate in a preliminaryplan review. Review comments from the CITY shall be incorporated into the final plans by the CONSULTANT. The CONSULTANT shall address all comments in uniting within two weeks of receiving the review. An updated set of plans showing that the comments from the review will not be necessary unless the CITY considers that the comments require additional plan review. The CONSULTANT shall discuss with CITY, any design feature that does not meet the criteria in the current AASHTO publication (used by the GDOT), Policy on Geometric Design of Highways and Streets and The Design Policy on Design Standards — Interstate System, as adopted by the FHWA. CONSULTANT DELIVERABLES FOR PHASE I — PRELIMINARY PLANS 1. Plans and other items for a Preliminary Plan Review. 2. Preliminary plans in electronic format (pdf and dwg files). 3. Earthwork quantities. 4. Preliminary construction cost estimates and benefit/cost ratio. 16 1 13-FVV4 5. preliminary pavement design. PHASE II - RIGHT-OF-WAY PLANS The CONSULTANT shall prepare preliminary right-of-way plans for the PROJECT using survey information provided by CITY_ All linear and area units shall be in English. Parcel data table description should be placed on same sheet as parcel or on sheet directly following parcel. Placing all data sheets in the back of the project plan set is discouraged. Parcels shall be numbered consecutively beginning with the number one (1) and continuing the parcel count, alternating from one side of the roadway to the other. If there are additional parcels required, the inclusion of an alphabetical combination with the parcel number is appropriate for an interior or beginning parcel number. The use of parcel numbers with alphabetical combinations should not conflict with the letters that denote acquisition of remainders (R), Wetlands (W), and signs (S). Parcel numbers shall not be changed after the first plan submittal. The CONSULTANT shall not renumber the parcels unless specifically instructed in writing by the CITY. 'The CONSULTANT shall use the right-of-way checklist as shown in the GDOT'S Manual of Quality Standards for Consultant Services, current edition, to complete the right of way plans. The CONSULTANT shall submit one (1) set of prints of the preliminary right-of-way plans to the CITY for review and comment. The CONSULTANT shall revise the preliminary right-of- way plans in accordance with the CITY'S comments and submit one (1) set of prints of the revised preliminary right-of-way plans along with the previously marked up prints for the CITY'S review and comment. This process may take several iterations before the preliminary right-of-way plans can be approved. When the preliminary right-of-way plans are approved by the CITY, they will become known as Final Right -of- Way plans. The CONSULTANT shall be responsible for ensuring that the right- of-way and construction plans reflect the current property, property owners, topography, and terrain data through the Final Right -of -Way plans approval. The CONSULTANT shall submit to the CITY in an electronic format dwg files and OUT files for each parcel for the CITY'S use. The CONSULTANT shall stake all existing and required rights-of-way and/or easement along the entire project limits and for each parcel where right of way or easement is required upon written "Notice to Proceed" by the CITY on this specific task. Notice to Proceed may be issued upon the CITY'S approval of the right of way plans. Right of way staking shall be completed in accordance with the following procedures: A. REQUIRED RIGHT-OF-WAY POINTS Place 60 penny nails with red flagging at all required right-of-way break points. Place 60 penny nails with blue flagging at all property line intersections with the required right-of-way. A guard stake shall be placed next to each point denoting the identification of the point. Red flagging shall be placed on each guard stake. 1. Guard stakes shall read: "REQ'D R/W" on one side of stake and should show the station and offset on the other side. 2. The maximum distance between right of way, property line, and easement stakes shall be 250 feet. Intermediate stakes may be required to achieve the distance. The 17 f 11�11_p I:�-F''rVG location of the adjacent points (each side) shall be clearly visible from any given point. Flagging may be used as required to make this possible. B. EXISTING RIGHT-OF-WAY POINTS Wooden stakes shall be placed at all existing right-of-way points or existing easement points. Stakes at these points shall read: "EXIST R/W" or "EXIST EAS" on one side of the stake and shall show the station and offset on the other side, These stakes shall be flagged with white ribbon. NOTE: Do not place nails at existing right-of-way points. C. CONSTRUCTION EASEMENTS POINTS All easement break points shall be staked using wooden guard stakes flagged with yellow ribbon. The words "CONST EAS" shall be shown on, one side of the stake and the station and offset shall be shown on the other side. Temporary driveway easements shall also be staked. D. STAKING ACCURACY The same survey accuracy standards apply for right -of --way staking as are defined in the Data Base Preparation Phase. All points staked will be based on State Plane Coordinates. No surface coordinates will be used. The CONSULTANT shall only revise the final right-of-way plans if approved or directed by the CITY. The CONSULTANT shall expeditiously make all changes to the final right-of-way plans dice to changes in the roadway design only if requested to do so in writing by the CITY_ CONSULTANT DELIVERABLES FOR PHASE li —RIGHT OF WAY PLANS I_ Submittals of preliminary right-of-way plans 2. Final Right of Way plans in electronic format (pdf and dwg files 3. Electronic data file and output file containing only the point numbers and north and east coordinates of the PROJECT'S survey control, centerline, Right of Way and Easement points. 4. PROJECT survey control point/monument sketches. S- Staked right-of-way- PHASF III - FINAL DESIGN CONSTRUCTION PLANS All final plans shall be submitted to the CITY on bond paper. The CONSULTANT'S services for the final construction plans shall include a minimum of the following: I . Prepare final plan and profile sheets for the roadway, ramps, side streets, and detours. 2. Prepare cross sections of the all PROJECT roadways, detours and ramps showing the existing and proposed elevations at intervals of 50 feet, or closer in special or critical areas, measured along the centerline of construction. Intermediate sections will be required as necessary to fully clarify the intent of the plans. 3. Perform a check of roadway profiles and superelevation to insure there are no areas of potential ponding on roadway surface. 4. Prepare detailed plan sheets for all design features requiring additional detailed design information, including such examples as the geometrics of intersections; Iocal street treatment, minor structures; drainage facilities; approach slabs; appurtenances such as utilities and details covering special problems as determined by the CONSULTANT or The CITY and approved by the CITY. 5. Prepare special grading plans as required or requested by the CITY. 18 1 RFF 13 -'PW 4 6. Design and detail fully dimensioned plans for all drainage structures and drainage facilities. 7. The CONSULTANT shall submit the pavement designs along with the PROJECT cover sheet, typical sections and AADT traffic sheets for approval by CITY. 8. Prepare final Signing, Marking, and Signal plans and quantities. 9. Prepare summary of quantities and detailed estimate sheets in accordance with GDOT practice. Roadway quantities shall be summarized on a sheet by sheet basis. 14, Prepare detailed erosion control plans indicating sediment basins, and other special items required to ensure adequate quantities to cover all stages of construction. 11. When applicable, prepare construction plans for bridges, gravity walls: and cast -in-place retaining walls including applicable notes for stage construction. 12. Prepare a detailed construction sequence (staging plans) to indicate maintenance of traffic procedures to be utilized during construction. Plans shall show details of all detour routi rigs, temporary pavements, construction staging, additional erosion control as necessary and special traffic control devices. The pians and/or specifications shall indicate any required intermediate construction dates. Required restrictions to construction activity or lanes shall be clearly indicated and be approved by the CITY in writing prior to incorporation into the plans, Temporary signing, marking, and signal plans and other traffic control details shall be included with each construction sequence. 13. Prepare final utility plans for all utilities necessary for the PROJECT. The preparation includes the submittal to and the review of existing and proposed utility locations from plans furnished by utility companies. These plans will be pencil drawings on blue line prints or electronic data and it shall be the CONSULTANT'S responsibility to review for errors or omissions. After reviews are complete, locations shall be incorporated electronically onto final utility plan sheets. These sheets shall be included into the final plans. The request for final utility relocations shall be made once all comments from the Preliminary Plans are addressed, Right of Way plans are approved and written Notice to Proceed is given for PHASE 11I. 14. CONSULTANT shall ensure that all information obtained during the right of way acquisition process is shown on the final plans_ 15. Plans shall show all the necessary information as determined by the CITY, to permit construction stake -out and to indicate and delineate details necessary for the construction by a construction contractor. The CONSULTANT shall prepare special provisions and supplemental specifications following the format as outlined in GDOT'S "Standard Specifications Construction of Roads and Bridges", current edition, and the "Supplemental Specifications," current edition, modifying, augmenting or deleting the provisions of the Standard Specifications as required. The CONSULTANT shall incorporate into the plans, when applicable, certain other plans furnished by others, as specified by the CITY or as furnished by the CONSULTANT. The incorporated plans may include but is not limited to: 1 _ Lighting plans 2. Landscaping plans 3. Final Bridge plans 4. Final Wall plans 5. Public utility relocation plans 19 1 { FF 13-PW4 6. Other work to be included in the construction agreement 7. Wetland mitigation plans 3. Borrow/waste pit location plans The plan incorporation shall consist of indexing, numbering of sheets and including quantities on the detailed estimate sheet. The CONSULTANT shall prepare a final detailed construction cost estimate for the PROJECT. The CONSULTANT shall participate in a Final Plan Review prior to acceptance of the design work. Final comments shall be incorporated in the design plans by the CONSULTANT before final plans are submitted. The CONSULTANT shall provide assistance to the city, as may be needed, in the preparation of the bid package as well as responses to RFPs issued during the bidding process. CONSULTANT DELIVERABLES FOR PHASE M- FINAL DESIGN CONSTRUCTION PLANS 1. Electronic files including earthwork and programs used for this PROJECT 2. Special provisions 3. Final detailed cost estimates 4_ All marked utility plans and other utility information furnished by CITY or the Utility companies 5_ Pavement designs for the project 6. Copies of all design calculations, notes and other information completed through all phases of the PROJECT design 7. Plans (paper and electronic pdf and dwg files) addressing results and comments from the Final Plan review. PHASE IV — CONSTRUCTION ADMINSTRATION The CONSULTANT shall provide a table of hourly rates that may be used during the construction phase of the project to assist the CITY in construction inspection and administration. This portion of the contract shall be billed as an hourly rate not to exceed basis that includes visiting the project site on a daily basis, a total of 4 hours per day, for the duration of construction. For this fee estimate, the duration of construction is assumed to be a maximum of 5 months_ If authorized, CONSULTANT shall provide construction management and inspection services in accordance with the following: Construction inspection and project oversight will include the field inspection of work in progress to observe work performed by the Contractor for conformance with the drawings, specifications, applicable standards and criteria required for this project. The field inspector will communicate with the City on a weekly basis the construction progress. CONSULTANT will maintain a Construction Inspector's record of daily activities observed or "Diary", which can become part of the project's records. In addition, the field inspector(s) will attend a pre-bid meeting, a construction kick off meeting and one post construction/close out meeting. A copy of the Diary(s) will be provided to the City upon completion of construction. 20 1 RFP i PN4 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified_ 4.1 OFFEROR INFORMATIONAL REQUIREMENTS 1~irrns interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 21 j r:F-I' 13-P VV4 SECTION 5: COST PROPOSAL HOME OF `iHE 8EST QU ,i ITv OF UF8 IN, Cr_'CR GLS' MILION't ESTABLISHED 2006 MUST BE RETURNED WITH BTD One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. 'There is no maximum page limit to section 5.0. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itselflhirnselflherselfof the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid 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 bidder for the total contract price of Total Price $ Print Total Price in Words Print/Type Company Name Here: Authorized Signature Print/Type Name PrintCT}Te Title Date SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria • References, Background and Related Project Experience 40% • Work Plan 30% • Price (Section 5.0) 30% 23 1 '-'~F' i3-PvV'< SECTION 7, STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A_ Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of writtenle-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 ADDMONAL 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 tennis 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 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant 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 Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Dociunents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME, 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable 24 1 RA=s ' ��'t�i4 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 subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perforin 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. 25 1 RFF 13- W4 STANDARD CONTRACT Included of Reference Only City reserves the right to make changes to this contract PROFESSIONAL SER VICES A GREEMENT 13 PW4 This Agreement made and entered into this day of , in the year 2013, by and between The Cion of Milton, Georgia (sometimes referred to herein as the "Ciiy'), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and X= ("Consultant ') having its principle place of business at AX WHEREAS, the City issued a Request for Proposals (13-PW4 �'J, to solicit firms to provide design services; and WHEREAS, bared upon Consultant's bid to provide XXXX services as required by the bid documents, the City has selected Consultant as the winning bidder,- and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, frccording to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows - 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents ". EXHIBIT SCOPE OF WORKIPEQUEST FOR PROPOSAL EXHIBIT B FEE SCHEDULE/RESPONSE 1O RFP EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT F.AWIBIT E SUBCONSULTANTAFFIDAVIT EXHIBIT FSA VE AFFIDA VIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 26 1 r'' FF 13 -FFV 4 2.I The Consultant agrees to provide all Services specified in Exhibit 'A. " In addition to the tasks required by Exhibit A" the Consultant shall provide a XXM, No pervments will be made _for unauthorized work Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkvvav JI iton GA 30009, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered_ 2.3 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval ofan invoice, submitted upon completion of the iYork, setting forth in detail the servicesperformed and costs incurred Invoices shall reflect charges incl{rred versus charges budgeted The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of XX= (the "Contract Price'), without prior written approval from the City. 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 industry, Consultant will give written notice thereof immediately to the City_ 2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by altering adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. if the Parries 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 Consultant shall proceed with the changed work. 2.4 Any work added to the scope of this Agreement by a change order shall be execuled 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 Consultant. 2.5 The City Manager has authority to execute without further action of the Milton Cit,}., 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 total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of x'5,000, must he approved by resolution of the Milton City Council, 3.0 Independent Contractor 3.1, The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense all permits, licenses or approvals that may be necessary for the performance of the services. 27 1 'R =P 1 3-P'Y'V4 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, 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 parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorizer, in advance and in -writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any, contracts or agreements the Consultant enters into on behalf of the Citv of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsihility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement- Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents front and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of Willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anvone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. 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 the City or any of its agents or employees, by any employee of the Consultant, arty sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the Amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indentnify and defend the City, its members, qfcers, agents, employees and volunteers shall survive termination of this Agreement_ 5.0 Insurance (1) Requirements_ The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager- (2) Minimum .Limits oflnsurance: Consultant shall maintain limits no less than: 28 f R,; -P 2-PW4 (a) Comprehensive General Liability of $J,000,000 combined single litnit per occurrence for bodily and personal injury, sickness, disease or sleuth, infury to or destruction of property, including loss of use resulting there frons. (b) Comprehensive Automobile Liability (owned, non -owned, hired) ofS1,000,000 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 there frons_ (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Sel%Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Citj (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liahility andAutoniobile Liability Coverage, (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations orr the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers_ Any insurance or sob( -insurance maintained by the City, its officials, employees or volunteers shall he excess of the Consultant'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, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whonz 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 "pax on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion, (vi)The insurer agrees to waive all rights of subrogation against the City, its officials. employees, agents and, volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer, (h) Workers' Compensation Coverazee. The insurer will agree to waive all rights of subrogation against the City, its officials, emplovees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) A17 Coveraizes. 29 E RFF ! A-PW (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 Citv. (ii) Policies shall have concurrent starting and ending dates_ (iii) Policies shall include, an endorsement incorporating the Indemnification ohligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acce tabilit ? o Insurers.` Insurance is to be placed with insurers with an A_ M Bests' rating of no less than A: VII. (6) Verification of Coverage: Consultant 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 certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time, The Consultant 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) Sub -consultants. - Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall he subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insurer. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination orf nal payment under the Agreement, whichever is later_ (9) City as Additional Insured and Loss Payee_ The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of'this Agreement shall be from April 10, 2012 and shall terminate absolutely and without .further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) dgvs prior to December 31, 2012, shall automatically renew on January 1, 2013 to April 1, 2013. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breaeh within fifteen (1.5) days of recerjrt,from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such 30 1 RF -P 13--PW4 termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rides and regulations of am governmental entity pertaining to its performance under this Agreement. 8,0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives gfthe parties. 10.0 Expertise of Consultant Consultant 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 services in pursuit of the timely and competent completion of the Yf"ork undertaken by Consultant under this Agreement_ 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the proviSiolrs most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement betweenthe parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any, future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qual f ed good faith or official immunities. 16.0 Notices All other notices, 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 31 1 PFF .1 3• -rbc'-# the third day after the post►nark date when mailed by certifed mad, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be ./u•nished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITFshall he sent to: Citv Manager City of Milton 13000 Deerfield Parkway, Suite 107F .]Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant 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 Consultant or successor or on any obligation under the terms of this Agreetne►u. Likewise, Cnnsultant's peiformtanr;e of services under this 4greemaent shall not subject Consultant's individual employees, officers or directors to any personal liability_ The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official, 18.0 Employment of Unauthorized Aliens Prohibited (1) E- Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of .services within the State of Georgia, unless the Consultant shall provide evidence on City provided forms, attached hereto as Exhibits "D" and "E" that it and Consultant's sub -consultants have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employer/ The Citv Manager or his/her designee ,shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's sub -Consultant employ unauthorized aliens on City contracts. By entering into a contract with the City the Consultant and Consultant's subcontractors agree to cooperate with ant; such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's sub -consultant are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its sub- 32 f RFF' 13-PVY4 Consultant to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable fir all damages and delays occasioned by the City thereby. Compliance with the requirements of O. C. G.A. § 1.3-10-91 and Rule 300-10-1,02 is mandatory. Consultant agrees that, in the event the Consultant employs or contracts with any sub- consultant(s) in connection with this Agreement. the Consultant will secure froth the sub- consultant(y) .such sub -consultant (s') indication of the above employee -number category that is applicable to .the subcontractor. Consultant's compliance with the requirements of O_C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the consultant's affidavit attached as Exhibit "D. " 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. (2) SAVEA ffidavit and Secure Veri table Document Pursuant to O.CG.A. § 50-36-1. the City must obtain a SAYE Afdavit and a secure and verifiable document evidencing the Consultant's legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City, Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (it) be sworn under oath under criminal penalty offalse ,swearing pursuant to O. C.G_A. § 16-10-71), a form of which is attached hereto as Exhibit "F ", and submitted such affidavit to the City in person, electronieally, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O. C.G.A. § .50-36-1). 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 Imus. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to he duly executed by Their duly authorized officers as of the clay rind year set forlh next to each signature_ [SIGNATURE ON THE FOLLOWING PAGE] 33 } s i 3-F W4 BY: Its: President & CEO [AFFIX CORPORATE SEAL J SIGNED, SEALED, AND DELIVERED in the presence of - Witness Notary Puhiie [NOTARY SEAL] My Commission Expires. CITY OF MILTON: By-- Its: y: Its: [CITT SEAL] 34 1 RFP 13-PW4 EXHIBIT "A" SCOPE OF WORKIREQUEST FOR PROPOSAL EXHIBIT "B" FEE SCHED ULE/RESPONSE TO RFP EXHIBIT "C" INSURANCE CERTIFICATE 35 1 Kf-F i 3-FW4 EXHIBIT "D" STATE OF GEORGXA CITY OF MILTON CONSUL TA,N T AFFIDA VTT AND AGREEMENT By executing this affidavit, the undersigned Consultant verifies its compliance with O.C. G.A. 13-10-91, stating affirmatively that the individual, fir»i, or corporation which is contracting with the City of !Cult on has registered with and is participating in a, federal work authorization program, in accordance with the applicability provisions and deadlines established in O. C.G_A. § I3-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, Consultant will secure from such subcontractor(s) similar verification of compliance }with O.C.G A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "E " Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number BY- Authorized Officer or Agent Date Title ofAuthorized Officer or Agent of Consultant Printed Name ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS TUE DAY OF 201_ Notary Public My Commission Expires. 36 1 RIFF IT .3, i'N4 STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By execrating 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 XYYX. X on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O. C_ G.A. § 13-10-91 _ EV 1 Basic Pilot Program User Identification Number BY.- Authorized Officer or Agent Date Subcontractor Name Title ofAuthorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 Notary Public My Commission Expires: 37 1 PPF 1,3 i„"sn STATE OF GEORGIA CITY OF MILTON EXHIBIT `•F" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O. C. G.A. § 50-36-1, from the City ofMiltorr the undersigned applicant verifies one of the following with respect to niy application far a public benefit: I) I am a United States citizen. 2) I ani a legal permanent resident of the United States. 3) 1 am a qualified alien or non-immigrant lender the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O. C. G.A. ,§' S0 -3b -1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best he classified as: In malting the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an of davit shall be guilty of a violation of D- C -G -A. § 16-10-20, and face criminal penalties as allowed by .such criminal statute. Executed in Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE —DAYOF . 20 ATOTARY PUBLIC My Commission Expires: (city), (state) - M1 . L i'.inEYl>tL:+� bks ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 13-PW4 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: hick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30044 Phone: 678-242-2511 Fax: 678-242-2499 Email. rick. earceC�ci ofmilton a.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NA -.NTE: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 1IP<IgC RFP 13-Pii 4 ADDENDUM #1 RFP 13-P'kN'4 Questions and C'iry asl' Milton An4wiers Q; Do the design drawings need to be prepared in Microstation or the city will allow the submittal of AutoCAD files? (Pg. 15) Consultant aana-� use. either `+r'licroStaationa or AutoC,A.D. The Cite requires :at) C ADD deliverables to he converted for use in ,-hut€MCAD 1.T 2011. Q: If AutoCAD is acceptable which version of AutoCAD does the city needs the files on? (Pg.15) The City requires all C.ADD deliverables to be, converted for use in _ ntoCAD 1,17 ?(tll. Q: Does the ALTA survey needs to have the total boundary= of the parcels that will be affected by the design? (Pg. 16) The City has already connpleted a saarvey- thatshould include all parcels that rould be aff ,rted hv the design. This survey includes tlae total b€ranudary of all parcels. Q. The Design will be done following per the required Manuals, Standards and Specification. Is Ga.DOT certification required to win this RFP? (Pg. 13) Consultant is not roquired to be GDO'1' prequalified. Q: Please provide example of a special grading plans that the city will require? (I g. 17) Page #3 of this addendum is an example of a special ;riding plana. Q: Does the consultant needs to provide a software program (earthwork) used for this project to the city? (Pg. 19) The earthwork deliverables will be as pdithe overall taabulationn and p€ifvaatput of program used to run volunws. Q: Section 3.2 of the RFP refers to a concept report which recommends two alternative concepts, with the roundabout being preferred. Is the city expecting designs for both alternatives, or only the roundabout design as the deliverable for this project? This project is only for the design of the preferred alternative of the rolindalmut. 2IP;i-c RFP13-PW i V OIL IN TY, C5 ,.1., }ti f E I. . . . . . . .... Z.4 00.91 RFP 13-PW4 Page 3 EXHIBIT "B" Response to RFP/Fee Schedule DESIGN FOR HOPEWELL ROAD AT BIRMINGHAM ROAD INTERSECTION 13-PW4 I MARCH 5, 2013 " �. •a '� '.£'' ' x .-:x` - y 1c:.� > > *' ate. � e ` i �� e �`' ;'-Sf � #' .' ' - r.. : r fit• �; .•r• ��. t i4%'.. x 3! �. ri.a - 'Y y?�{"i,,,• �.ly � ..`;..9 .3 f ��� tf '}f` `� s� Ja,j, y 1 tWv j"at 0-1 %.: Ii - t :t j�'• � of �' `. y ¢ t4 s .s.. Ls Fes" ` i - '•,.� ?. - Vt r. f. �� ••• cam..-.° �c�: ' '!L'rV i " i ! ��rx t •.i, F 'T.. � y,. �i � M ' S Y ter: t . f.2i,S' y,.fi y `�.• ' !• S �P d_ 4 ,r'- ° � r- �: •.�t'AP- f'Y�"� `'•v; to � ,� � l! ..,�'. ��.�..5{a�� $�' �yz e � • � ' k�iJ �,4YF-, r 5 sr 'c� 'i�.. '�' ,G f '"• %i^ •i.' �� •9 i«,. .�ji �J :. ��' ,*4 HOME OF'THE BEST QUALITY OF [ IEE INGEORGIA' M I LTON' 2006 CITY OF MILTON REQUEST FOR. PROPOSALS (TM8 IS NOT AN ORDER) RFP Number: RFP Title: 13-PW4 design for Hopewell Road at Birmingham Road Intersection Due Date and Time: March 5, 2013 Number of Pages: 37 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: February 4, 2013 City of Milton Phone: 678-242-2500 — Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: ,vr,i"v.citFofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: Pond & Company 3500 Parkway Lane, Suite 600 RFP Number: 13-PW4 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Special Instructions.• Office Deadline for Written Questions 13000 Deerfield Pkwy February 14, 2013 Suite 107G Email questions to Rick Pearce at Milton, Ga. 30004 rick.pearce9cityofmiitonsa.us INTORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS.NMST COMPLETE THE FOLLOWING Offeror NameOAddress: Authorized Offeror Signatory: Pond & Company 3500 Parkway Lane, Suite 600 Brian Bolick Vice President 11 Norcross, GA 30092 (PIe �pprint name and sign in ink) Offeror Phone Number: Offeror FAX Number, 678.366.7740 678.336.7744 Offeror Federal I -D. Number: Offezor E-mail Address: 58-1639128 BolickB@pondco.com OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE PRONE: 678.242.25001 FAX: 678242.2449 tic wArin I'' *Cercie�eci* intoftity0miitornga.us I www.cltyotmiliongams IR Cfllri1muni y i ity;, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CEFtTMEO nnoNxr - 4 1 RFS' ] 3-PW4 HOME OF'sHE BEST CrUAL" OF LIFE 1N GEORGIA' ' TON't --w M\ I Lj ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM iVIUST BE RETURNED WITH BID This farm is for disclosure of campaign contributions and family member relations with City of Milton officiala/employees. Please complete this form and return as pact of your RFP package wben it is submitted. Name of Offeror pond & Company 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) y, -,ars.) A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applioant/Opponent to the named Milton Official. Amounit(Value N/A Description Please list any family member that is currently (or has been employed within the last 12 months) by the City ofWhon and your relation: A N/A s 1 RFP 1 3-PW4 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' �IL TiONIII� ESTABLISHED 2006 RFP# 13-PW4 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to fumish and deliver any and all of the deliverables and services named in the Request for Proposal (REP) - Design for the Birmingham Road at Hopewell Road Intersection Improvements. 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. l 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. Autliorized. Sigoatur� L, Date Print/TyTeName R. Brian Bolick, Vice President Frint/Type Company Name Here. Pond & Com an No Text Proposal Cover Page Disclosure Form Proposal Letter Technical Proposal a. Cover Letter b. Work Plan c. Background and Experience d. Pricing (separate sealed envelope) Appendix: Exhibits & Addendum Acknowledgement O rV .y r- <^, rr C.�. Architects Engineers Planners March 5, 2013 City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30404 Pond & Company 3500 Parkway Lane Q 678.33e.7740 Suite 600 F 678.335.7744 Norcross, GA 30092 www pondco.com Re. Bequest for Proposal Design far Hopewell Road of Birmingham Road Intersection Improvements � RFP Number 13-PW4 Dear Mr, Pearce, Pond & Company (Pond) is pleased to submit the enclosed qualifications for the design of improvements at the intersection of Hopewell Road and Birmingham Road. Having performed the concept study forthe City in 2012, Pond is uniquely aware of the area and many of the issues surrounding the roundabout design. Pond is a Georgia Department of Transportation prequalified consulting firm with demonstrated experience in transportation planning and design for numerous Cities and Counties in the Metro Atlanta area. Pond and our teaming partner Rochester & Associates have the project experience and professional expertise to successfully complete this project on time and within budget. We have organized our proposal to be consistent with the requirements of the city's RFP, and believe that our team offers many benefits for this important work effort, including: ■ Experience working with Cities: Transportation experience with over 30 local cityfcounty governments in Georgia including Milton, Alpharetta, .Johns Creek, Roswell, Atlanta, Sandy Springs, Chamblee, Hapeville, Lavonia, Morrow, Riverdale, Rome and Sandy Springs; and for the Counties of Fulton, DeKalb, Cherokee, Cobb, Forsyth and Gwinnett, to name a few. ■ Extensive background in Innovative and Context Sensitive Designs: Our designers have prepared concepts and designs utilizing innovative and context sensitive design solutions to maximize the value and benefits of the improvements to both the Cities and the residents on numerous similar projects. ■ Experienced Project Leadership: As the proposed project manager, Ron Qsterloh, PE has over 17 years of design and management experience specializing in managing complex designs and developing context sensitive solutions. • Multidiscipline Staff: Pond has on -staff Traffic Engineers, Transportation Designers, and Landscape Architects that will provide creative options for the design of this intersection. Our team is excited about this opportunity to provide the City of Milton with our professional services for this innovative project, and we look forward to working together. Please do not hesitate to contact me at 1404.748.4810 or BolickB@pondco.com for further information. Pond acknowledges receipt of Addendum #Z Sincerely, POND & COMPANY 7R Brian Bolick, PE Vice President 0 �, DOIGN MY HOrEWIlt JrOAis Af SAWNGHA3A MAD � +� Oty of 14Ubw �— Work Plan Pond & Company (Pond) founded in 1965, is a local Atlanta based full-service architecture, engineering and planning firm providing design and construction services to local, state and federal clients. We currently provide services to over 30+ local governments in Metro Atlanta. With a staff of 250+ professionals Pond is proud to be ranked #5 among Atlanta's 'Top 25 Engineering and Planning Firms" by the Atlanta Business Chronicle. The Pond Team is extremely well suited and uniquely qualified to provide all required engineering, permitting and other professional services for the full design and landscape architecture of the Hopewell Road at Birmingham Road Intersection project. Pond Inas developed an area of expertise in the preparation of design and construction documents for similar projects that focus on defining a cost effective and context sensitive design solution for roundabouts and other intersection improvements. Pond will use its diverse team members, including roadway designers, traffic engineers, lighting engineers and landscape architects to develop creative alternatives so that the City can implement the best design solution for the community. The Pond Team is uniquely aware of many of the issues surrounding the intersection. Having performed the concept study of the intersection improvements, the Pond Team is fully aware of design and cost considerations that take time and experience to understand. Traffic patterns, lane configurations, sight distance, driveway access, utility concerns, property impacts, future developments, and other considerations have been evaluated and discussed with multiple engineers on the team and with City staff. Not only is Pond uniquely experienced for this specific site, the engineers have abundant experience in roundabout and traditional intersection design and construction administration, as detailed in the Background and Experience Section. Listed below is the methodology Pond plans to use to accomplish the required tasks. Phase 1- Preliminary Desier: With the Concept Report and Traffic Study complete, Pond intends to move straight into Preliminary Design. Based on the recommended roundabout alternative and overwhelming public support for this option, it is anticipated that the City intends the intersection to be designed as a roundabout, not a traditional traffic signal. In the event of funding changes or external change, Pond is able to move forward with the traditional signal design at this intersection, which does meet the needs, as described in the concept study. For the purpose of creating a work plan, this section will expand on the more likely option, the roundabout. The benefits of the roundabout have already been noted, but sustainability, maintenance, and safety are three important factors making this option favorable. Roundabout design will be performed according the latest Federal Highway Administration (FHWA) Roundabout Guide. Horizontal and vertical geometry are the starting point for the design. These have been evaluated in the concept phase and will be finalized at this preliminary stage. From there, sight distance, superelevation, drainage design, earthwork/retaining wall layouts, and driveways. As part of the drainage design, outfalls will be set, pipes sized, and gutter spread determined. Vertical grade changes will be minimized, but it is anticipated that limited grading of the roundabout will be necessary to ensure safe traverse with regard to sight distance, drainage, speed design, and turning movements and merging. Currently, the southwest approach on Hopewell Road is excessively steep compared with roundabout cross slope guidelines. • PE4MN F011 "OFEWEILROA0 AJ.#ERVJNGHA* ROAD €:i;t..i�''3•Pd I�.fihm 41;,?i7,, i_ "Cs .kon �(`)f Retaining walls are anticipated and where practical, will be designed in order to reduce property impacts, utilities, or other significant features. Gravity walls provide a simple for slope control, but depending on the needs, a more substantial reinforced wall may be necessary. Walls also provide opportunity for aesthetic improvements such as decorative stone or brick facing, depending on budget and citizen feedback. Pond's landscape architects will work with the engineers to come up with a context sensitive design solution. Pond is aware of the proposed Senior Center at the corner lot and access concerns for its users. Driveways on the east side of Hopewell Road also have challenges related to sight distance and safety. One of the benefits of the roundabout is obviously its reduced speed and constant flow_ This serves to maintain an acceptable level of service for both roads, while promoting a safe speed in the area, which protects roadway turning movements, as well as driveways. Pond has already evaluated the staging for the construction of the roundabout. An added benefit to the roundabout layout is that much of the construction can be completed with limited impact to the existing traffic flow. Construction of bypass lanes and significant grading can occur while traffic remains open. Determining the staging occurs early in the process, though the actual staging plans are not finalized until the Final Design Phase. While much of the work can be performed under traffic, it is anticipated that segments of Hopewell Rd. and Birmingham Rd. will be temporarily closed for a short duration. Depending on the disturbed acreage, the level of detail for erosion control plans will vary, as well as any Municipal Separate Storm Sewer System (MSA) requirements. Pond has successfully designed MS4 systems in the Atlanta Metro region and can work with a local issuing authority (L1A) to ensure compliance for stormwater quality, if required. The existing utilities on the corridor have been noted, both by surveyor, and in person. The numerous utility boxes and structures, as well as buried and aerial lines will be evaluated in the design process, and relocations and adjustments coordinated with the utility owners. At the end of the preliminary plans phase, plans and cost estimates are provided to the City for review and comment. k9QUWX0 OaW OF WAY pj s,ew ss _:::»:! -reuWc _ ma�e�r� rr� Phase Z - Right of Wav Plans: With the topographic and property survey already completed, existing City right of way has already been determined in the conceptual stage. As part of the deliverables in that stage, Pond created the attached chart showing estimated R/W needed for each of the alternates evaluated. As part of the right of way phase, Pond will prepare complete plans consistent with the GDOT Manual of Quality Standards for Consultant Services showing required right of ways, construction easements, driveway easements, and line of sight easements if necessary. Right of Way Plans, supporting documents, and right of way staking will be provided in sufficient detail to give the City all the information needed to acquire property for the intersection improvements. Phase 3 -f=inal Design Construction Plans: After receiving feedback from the City on the Preliminary Plans, Pond will address all comments as part of the Final Design. Clear, concise and technically accurate plans are completed according to GDOT and City requirements, and in conjunction with Pond's Quality Control process. Design elements including plan views, profiles, cross sections, utility relocations, and drainage design and profiles are finalized and quantities are tabulated. Staging plans are finalized in this phase, as well as any special details, plans or graphics that are needed. n CkSlGrafog plt)EEWE:17ko0.E7V-117st�E,Af1NG�fA7dRAi9 y(�p City tton Pond's team of landscape architects will present multiple options for vegetation on the project. Depending on the city's budget, maintenance requirement, and personal preference, Pond can tailor the landscaping to help make the roundabout more appealing and acceptable. Drought -resistant, low maintenance vegetation may be desirable or a more extensive plan that provides irrigation or flower beds. Pond is able to present landscaping ideas for all budgets and all situations. If right of way acquisition becomes problematic, limited design elements may be revised in the final phase to allow for a smoother or faster acquisition process_ Minor adjustments to slopes and driveways are sometimes helpful to appease owners during the acquisition process. Lastly, Pond will prepare a bid package, including any needed special provisions and bidding requirements. Phase 4 - Construction Administration: Pond has performed, and is currently performing construction administration services for a number of metro Atlanta clients on intersection and streetscaping projects. While some clients are in better financial shape than others, most engineering departments are pleased to have Pond overseeing the contractor with an eye towards avoiding any cost increases or change orders. with an active, experienced construction administration team like Pond, construction problems can be resolved quickly and often at no additional cost. Scheduling goes smoother and the risk to the City is reduced. Recently, we have seen an abundance of contractors cutting corners on erosion control, so we have been extremely attentive to detail when designing and enforcing erosion control measures. This ensures a local issuing authority is protected and projects are constructed in compliance with state and local requirements. It is anticipated that approximately 3 months of the 5 month construction schedule will be heavy construction and will require more labor intensive oversight. Pre -construction erosion control, utility relocations, and other limited phases may not require as significant hourly presence as other activities. SCHEDULE Pond was very successful in the concept phase meeting the scheduled dates and we hope to continue that pattern for the full design. The schedule below shows approximately 6 months of design time, including 3 Y2 months to acquire right of way. The City has estimated construction to take 5 months, which is a brisk, but possible duration. Proper coordination and proactive decision making will ensure that milestones are met. -C PCHN00 -z loliiiicaoar��oQ�aivrsrair� sas ��si•w wesssssasasss�ss� saw _#■■■■■■■rl■■SEEM■ ■_■N■M■■■■MMR11 ■■■■■-:■■■■■■■r®�■■!■■■■ �. _J■■■■■■■ ■■■■■■■■■■■■■L-F__J■i■■■■■ SSSS -"`■■!t!■■■■■■!■■■■!■!■ SSSS■■■_ -■■■#■■■■■■■■■i■■# INNER =00101 ■■■■■■■�■■■/■■■■■■■■■■■U MEMO ■■■■■■■■■■■■�.7■/■t■■■■■■■■ ■■■■■i■■ ■■■■■■■ ..■NEMSME ■■■/## ■■■/SSSS■i■■■■■//■■■��■■�\ - ■■■■■■■■■■Ott■■!��!!■!■!! -C PCHN00 1-1 DES} -,N FOR HOPEWELL ROAD AT VXMINGHAM ROAD €3-P"4 .p ('aty i� ltd'« �«'C7I 'Miit:PR;jJ€M,�Ir'; c. Bsickground <nd lv?Q'perio e Pond & Company (Pond) founded in 1965, is a local Atlanta based full-service architecture, engineering and planning firm providing design and construction services to local, state and federal clients. We currently provide seances to over 30+ local governments in Metro Atlanta. With a staff of 250+ professionals Pond is proud to be ranked #!5 among Atlanta's 'Top 25 Engineering and Planning Firms" by the Atlanta Business Chronicle. As a full service firm Pond is able to bring together the mixture of skills that are necessary and unique, to make each project successful. As a result, Pond has a history of producing award winning, context sensitive and innovative projects to serve our client's needs- We were recently awarded the 2013 American Council of Engineering Companies (ACEC) State Award and People's Choice Award as the top project completed in Georgia in 2013 for the design of the improvements to Aviation Boulevard at the new Maynard Jackson -Hartsfield International Terminal. Pond was also awarded the 2010 Georgia Partnership for Transportation Quality (GPTQ) Grand Award (Best Overall in All Categories) for the Tr: funded Big Creek Greenway Multi -Use Trail, Forsyth County, GA and the 2010 Bridge Design award for the Grimes Bridge Creek bridge replacement. Also in 2010, Pond was the recipient of the American Society of Landscape Architects (GA-ASLA) Merit Award for the Master Plan for Vine City Park, Atlanta, GA and an Award of Excellence from the Atlanta Urban Design Commission (AUDC) for the Fifth Street Pedestrian Plaza Bridge (over Interstate 75/85) Atlanta, GA. f lr35 F-1-1 C_w AIE Fkfns 1#3 2012 E3 st Ram S yWbrk The $325 + r Pond has built a solid reputation for excellence in service quality and client satisfaction. For more than 45 years, we have been providing exceptional professional services for our local 'te'-'jn-r'F€` clients including the cities of: Milton, College Park, Norcross, Duluth, Sugar Hill, Avondale 025 201 sLa'^orU Estates, Flowery Branch, Alpharetta, Dunwoody, Roswell, Kennesaw, Chamblee, Doraville, Forest Park, Morrow, Hapeville, College Park, East Point, Clarkston, Riverdale, Marietta, Atlanta, Acworth, johns Creek, Sandy Springs and Holly Springs; counties of: Cobb, Clayton, Gwinnett, Dawson, White, Henry, Fulton, DeKalb, Cherokee, Morgan, Bartow, Douglas and Forsyth; Gwinnett Village CID, Gwinnett Place CID, Evermore CID, Perimeter CIDs, the Georgia Department of Transportation (GDOT). Our transportation design group consists of highly -trained, specialized, experienced and responsive professionals. Role: Prime Consultant mi?`dTe�hs: `w 500 iatk,Z. z L,:rle', SLi:tu 600 Nc� l&7Sa 3 �` P: -7740 -Irp' Contact, ° '>>:: 121511£Yio. -;, PE � E-, -D;i;,rl r RC4-?PG11f'Cs .,-o Er. SUBCONS€2LTANT Rochester & Associates is a relationship -based land development solutions provider with 35 Ockoehe$ter team members providing land surveying, civil engineering, and project management services from two Georgia offices. From the formation of the company in 1966, Land Surveying has been the foundation of Rochester. RAI is recognized nationally as an industry leader in this field. New technology and techniques are continually being introduced to enhance this service line. With 4 Registered Land Surveyors and 8 survey crews deployed on a daily basis, RAI recognizes this strength as the company's differentiator for a competitive advantage in the market place. Role: Survey AddreSC, 4115 Oak St ee.i` i ;Iai�� �rv�Il , G� r ia. �131501 1 77!D.'7_5 6t .� ccal S FNOff.�3 DESIGN FOR MOYEWELf. ROAD AT 6rRJdilNGisArA ROAD irttFP%FC,t;.pae��npv,:isE;�x;� i�_p�ae Provided below is the organizational chart of the team that will be assigned to the project. It includes personnel (names and roles) from Pond (Prime firm) as well as the subconsultant Rochester & Associates. Provided on the following pages are brief resumes of key personnel. These personnel will be assigned to the project through its completion. N FL Brian Bolick, PE aty of mien i fton Osterbh, PE pfgJrcr Manager U KevinSkinner,PE Depary Project Manager Roadway DeMgn a Arwin Lopez, PE Levd Engineer IN Daniel Sahia, Err Traffic N Richard rangmann, PE, PTOF Lead Engineer 0 Mark Edwards, PE uorty Coordination R Lonnie Ferguson Dralaag*/Hydrology A JeremyFrydrych,PE Landscape Architedure • Jill Sluder, ASLA, LEER AP Lighting R Tom Mikplaiewski, PE ROW Staking Lamar smith, RLS � Pond & Company Rochester Associates ii V Pi'rfaS€°PNNEL Ran Osterloh, PE (Project Manager) has led numerous transportation design projects ranging from intersection and sidewalk improvements to major roads on new alignment. He has the experience to guide the project for development of an effective solution within the context of the City of Milton. Kevin Skinner, PE (Deputy Project Manager) has served as Lead Engineer on many intersection improvement design projects, including dozens of intersection project in Metro Atlanta. Brian Bolick, PE (Principal -in -Charge) has prepared creative transportation solutions for a variety of multidiscipline projects. He will oversee the design work and will provide the resources necessary to produce a successful project. Arwin Lopez, PF (Roadway (Roundabout) Design) is a lead Roadway Design Engineer, Arwin has served as Project Engineer on numerous highway and intersection design projects for the City of Milton, including design of two roundabouts. His work at Pond, Arwin has been responsible for all of the design aspects related to these projects including horizontal and vertical road alignments, drainage design, staging design and erosion control. Richard Fangmann PE, PTOE (Traffic Design) has performed traffic analysis for roadway design and operational projects of varying size and complexity and can compare efficiency of alternative intersection treatments. Richard has performed analysis of a variety of intersection controls, including: traffic signals, roundabouts, multiway stops, continuous flow intersections, continuous green Tee intersections, superstreets, and two level urban intersections. DEVON FOR HOPEWELL ROAD AT B$RMMGMAM ROAD arc,g �c '+vls sr✓r RCa'. ;-E FE 33 PVVs � �jCity ffimj Project Manager Education: Bacheior's Degree, Clvi< Engineering, Georgia institute of Technology, 1994 Registrations: Registered Professional Engineer in the State of Georg<a (PE #25199} I Level 11 Certified Design Pro*_�ssionai, Georgia Soil & Water Conservation Co€' m)ssion Ron has been responsible for the design and management of a variety of transportation projects over the past 18 years. He has extensive experience in management of a transportation design team and ensuring that the design team is kept up to date with current design software to continuously meet local federal and state design standards, including the latest developments in context sensitive designs and traffic calming enhancements. His project experience covers extensive transportation projects including roadway/highway design, intersection improvements, transportation enhancements, trail design and bridge design for Georgia DOT and many local municipalities throughout the State of Georiga, including: ■ SR 9 Alpharetta Downtown Main Street Improvements, Alpharetta, GA: Ron is responsible for transportation design of this project which includes downtown operational improvements. The design includes pedestrian improvements, changes to on -street parking, the addition of a raised median, drainage improvements, and two potential locations for pedestrian hybrid beacons (Hawk Signals) along SR 9. Traffic Engineering (TE) Studies were prepared based on MUTCD criteria and GDOT analysis procedures. The GDOT District 7 office approved installation of a Hawk signal at one location and suggested a pedestrian rapid flash beacon for the second location, which was slightly under the threshold for Hawk installation. • Due West Road Corridor Improvements, Cobb County DOT, Cobb County, GA: Ron served as Project Manager for this project consisting of upgrades and redesign of 3 intersections along the Due West Corridor as well as the addition of bicycle lanes along Due West Road. The intersection upgrades include addition of turn lanes and access control and the realignment of 2 intersecting roadway to consolidate to 1 proposed intersection location. The project includes a traffic study of the project corridor including elimination of 1 signal, new design of another signal and retiming and additional signal head design of an existing signal. The project scope also included preparation of a concept pian on county GIS, public involvement, ROW plans and construction drawings and bid documents. ■ Intersection improvements at LaVista Road and Oak Grove Road / Oak Grove Drive, DeKalb County Public Works, DeKalb County, GA: icon served as the Project Manager on this project to include improvements at the intersection of the 3 roadways. The proposed improvements include realigning the two intersecting side roads to meet at a common intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving existing safety conditions at the intersection, improving traffic and pedestrian control, and adding sidewalk for a distance of 0.5 mile along the LaVista Road approaches. The project is a federally funded GDOT project that also includes raised landscaped median, pedestrian lighting, shoulder landscaping and as well as other aesthetic improvements, to keep consistent with DeKalb County future corridor improvements along LaVista Road. ■ 18 Forsyth County Local Intersection Improvements, Various Locations: This project consists of providing full design, right of way and construction documents for 18 different locations throughout Forsyth County, including numerous intersections on State Routes. The improvements vary at each of the intersection. These include safety and operational improvements as well as drainage and capacity improvements, which are all funded through the County's current SPLOST program. Traffic studies have been conducted at each of the proposed intersection projects to help determine the scope of the improvements. Ron served as the Project Manager on these projects. ■ Perimeter Center West Streetscape & Intersection Improvements, Perimeter Community Improvement Districts, Atlanta, GA: Project included conceptual design and signal and pedestrian crosswalk upgrades to 9 intersections along Perimeter Center West at Perimeter Center Mall. Involved the process of adding sidewalks, pedestrian lighting, landscaping, and hardscape features. The overall length of the project includes over 1 mile beginning at Ashford Dunwoody Road to Mt. Vernon Road. This federally funded project included complex stakeholder coordination due to the fact the project included property in Fulton and DeKalb County. • Value Engineering Consultant, GDOT: This project consisted of review of GDOT projects over $25 million in total costs to provide value and quality for federal and state funding resources. Ron served on review teams to provide specialty reviews on the value of the proposed roadway designs. The value engineering studies Ron participated in included several limited access and interstate projects in varying phases of the plan development process. uo,.vv ,p.ndm iOrr7 7 FNON.� DE51GH FOR HOPEWELL ROAD AT BIRMINGHAM ROAD r?,PW4 �Wn �.¢�_.— raJrrRS;"�ipt:u�i,.si'RCJi'en9i<t t: EVIN' SK: NJ N, R,Pf-P0NO Deputy Project Manager Education: Bacheior`s Degree, Civil Engineering, Georgia Institute of Technology: 1999 Reglstration: Registered Professional Engineer in the State of Georgia (PE #29293) I "evei it Certified Design Professional. GA Soli & dilater Conserva-lion Connmiss;oit As a Roadway Design Engineer, Kevin has served as Lead Engineer on numerous highway design projects. He is responsible for all of the design aspects related to these projects including horizontal and vertical road alignments, drainage design, staging design and erosion control. He maintains a high proficiency level in MicroStation, AutoCAD and CAiCE as well as keeping up with current design standards. Kevin's project experience includes: ■ Widening of State Route 9, Georgia Department of Transportation (GDOT), Alpharetta, Fulton County, CA: Kevin serves as bead Roadway Design Engineer for this project which consists of the widening of S.R. 9, reconfiguration of side roads, pedestrian improvements and signal upgrades. The work is divided into 2 projects: 1 begins at Upper Hembree Road and continues to Academy Street; the other stretches from Academy Street to Windward Parkway. S.R. 9 is a non-uniform arterial, currently having several different sections along the 3.8 mile corridor. There are generally 4 different sections: a 5 -lane section with flush median, a 4 -lane section, a 3 -lane section with flush median, and a 2 -lane section. The proposed section is a 4 -lane section with 20 foot raised median. Auxiliary lanes will be added as needed. ■ Old McEver Road — Safety and Operational Improvements, Cobb County DOT, Cobb County, GA: This project includes Safety and Operational Improvements to Old McEver Road from Old Highway 41(Main Street) to New McEver Road, partially within the City of Acworth limits. The improvements include sidewalk provisions along Old McEver Road, along the entire roadway length, as well as intersection improvements at Doth Main Street and New McEver Road. At the intersection of Old McEver and New McEver, Old McEver Road will be realigned to provide a 90 degree intersection with New McEver Road_ Also included in the Safety and Operational Improvements a reconfiguration of the existing parking lot adjacent the park entrance. • Buford Highway Pedestrian Improvements Plan, Gwinnett Village, Community Improvement District (CID), GA: Pond provided design services to improve high-profile corridors for the Gwinnett Village CID. As part of the CID's plan to develop the aesthetics, pedestrian accessibility, safety and environmental improvements on their corridors, the project included a new sidewalk and handicap ramps along a 0.5 mile stretch of State Route (SR) 13/US-23, Buford Highway. Proposed major landscaping enhancements will improve the visual appeal of the adjacent industries. Pond coordinated with the Georgia Department of Transportation (GDOT) and Norfolk Southern Railroad to acquire a permit to work within these properties. • SR 306 Safety improvements to Multiple Intersections, Forsyth County DOT, GA: This federally funded project included road widening, addition of traffic signals and other safety design improvements on SR 306. These improvements provide immediate safety enhancements within the context of the proposed future widening of SR 306. Scope consisted of construction plan sheets, profiles, cross-sections, driveway profiles drainage maps and profiles, maintenance of traffic, erosion control, and right of way plans. The project included public hearings, extensive coordination with adjoining property owners, and coordination & review by GDOT district office. Ron served as project manager and engineer of record on this project. • Intersection Improvements at LaVista Road and Oak Grove Road / Oak Grove Drive, DeKalb County Public Works, DeKalb County, GA: Ron served as the Project Manager on this project to include improvements at the intersection of the 3 roadways. The proposed improvements include realigning the two intersecting side roads to meet at a common intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving existing safety conditions at the intersection, improving traffic and pedestrian control, and adding sidewalk for a distance of 0.5 mile along the LaVista Road approaches. The project is a federally funded GDOT project that also includes raised landscaped median, pedestrian lighting, shoulder landscaping and as well as other aesthetic improvements, to keep consistent with DeKalb County future corridor improvements along LaVista Road. • Massey Avenue Corridor Improvements, lacksonville, FL: the proposed roadway improvements have been designed to include bio -retention facilities as well as other major drainage improvements along the roadway corridor. Other improvement s include pedestrian facilities, including 3 mid -block crosswalks, roadway lighting, landscaping and driveway consolidations. The new roadway will include two upgraded signals and the installation of an additional signal, all with decorative mast arms to meet current base and FDOT standards. CtOrn S Oi51GN FOR HpPEWELI BOAS] AT 511WlN G}iRM ROAD .� AARM �14rr`GStLFrf?N 11.tPRCd iEFAfi��i8 1�-Pw`d P[CliARD FANGN1,6NNI, rE, P'€OE—POND Traffic design - Lead Education: Master's Degree, Civil Engineering, Georgia institute of Technology, 1992 ; Bachelors of Science, Civil Engireerirg. Georgia institute of Technology, 1991 Registrations: Registered in The State of Georgia (PE #22957) ' Professional Traffic Operatiam, ngineer (PTOF #0352) Richard has over 20 years of experience in transportation planning and engineering, ranging from long-range transportation plans to short-term operational studies. He is experienced in preparing transportation plans for GDOT, MPO's, Counties, Cities and corridors. He is also experienced in traffic operations analysis, traffic simulation, traffic impact studies, interchange justification reports, and access management. Example projects include: ■ SR 9 Alpharetta Downtown Main Street Improvements, Alpharetta, GA: Richard performed traffic analysis at two potential locations for pedestrian hybrid beacons (Hawk Signals) along SR 9 in support of the design of Main Street improvements. Traffic Engineering (TE) Studies were prepared based on MUTCD criteria and GDOT analysis procedures. The GDOT District 7 office approved installation of a Hawk signal at one location and suggested a pedestrian rapid flash beacon for the second location, which was slightly under the threshold for Hawk installation. Suwanee Pedestrian and Bicycle Plan, Suwanee, GOA: Richard prepared an update to the City of Suwanee's Alternate Modes Transportation Plan. The updated plan is called the Pedestrian and Bicycle Plan in recognition of the primary role these travel modes play in the City. The plan update included the recommendation of Hawk signals at three locations, intersection safety improvements for pedestrians along Peachtree Industrial Boulevard, installation of sidewalks and trail connections, as well as installation of shared use bike markings (sharrows) on select low-volume roads. The plan included cost estimation and prioritization of projects based on community goals and objectives. ■ Eves Road Complete Street, Roswell, Georgia: Richard serves as Lead Transportation Engineer on this 1.6 mile section of Eves Road in Roswell that is being transformed from a local residential street into a complete street that provides all users including motorists, pedestrians, and bike users of all ages and abilities a safer and more complete transportation corridor. The new corridor will have bike lanes and a multiuse path providing a complete transportation corridor. The corridor serves numerous residential developments, a Post Office, and an elementary school. These facilities will all be served better by the new Eves Road complete street. A€tWIN LOPEZ, PE — POND Roadway (Roundabout) Design - Lead Education; Bachelors of Science, Civil Engineering, Florida International University, 200.5 Registration: Registered Professional Engineer in the state of Florida (PE 473159) J Registered a ngineer-in-"training in the state of Georgia (EIT 423503) As a Roadway Design Engineer, Arwin has served as Project Engineer on numerous highway design projects. He is responsible for all of the design aspects related to these projects including horizontal and vertical road alignments, drainage design, staging design and erosion control. Arwin's project experience includes: ■ Ewes Road Complete Street, City Of Roswell, GA — Pond: This 1.6 mile section of Eves Road in Roswell is being transformed from a local residential street into a complete street that provides all users including motorists, pedestrians, and bike users of all ages and abilities a safer and more complete transportation corridor. The new corridor will have bike lanes and a multiuse path providing a complete transportation corridor. The corridor serves numerous residential developments, a Post Office, and an elementary school. These facilities will all be served better by the new Eves Road complete street. ■ Birmingham Highway Intersection Improvement, City Of Milton, GA; Project consists of realigning an existing intersection at SR 372/Birmingham Hwy and New Providence Rd. Project Engineer responsible for the concept development and design of single lane roundabout. Final design layout of the roundabout integrated peer review comments for provision of a future expansion to a multilane. Other responsibilities included design of staging plan which would require minimal disruption of existing traffic patterns while maximizing use of proposed pavement, drainage design, right of way plan and final pian preparation. ■ Arnold Mill Rd Intersection Improvement, City Of Milton, GA: This project consist of realigning and signalizing and existing intersection at SR 140/ Arnold Mill Rd and New Providence Rd. Project Engineer responsible for roadway and drainage design for road widening to provide a center left turn lane, bike lane, curb and gutter, and sidewalk along SR 140. Other responsibilities included drainage design, staging plans, right of way plans and final plan preparation. W1WLV.PC,n1!1C0 cam 3 �� DESIGN FPR HOPEWELL ROAD AT MMMG4AM ROADi"' t;lfERt�r-TtJfflt P�7C.iif.['d;�taT" 13-P:+.d � ��0 � Mkon R, 8PIAN BOLICK, F'E— POND Principal-In,Charge Education: Bachelor's Degree, Civil Engineering, Clemson University, 1984 Registration: Registered Professional Engineer in the State of Georgia (P. 413052), SC, Ft. Brian has over 27 years of experience in traffic and transportation engineering. He has comprehensive experience in client relations, proposal development, point of contact for new and ongoing projects, office and P&L management, traffic and transportation engineering services which include highway capacity analysis, traffic impact studies, feasibility studies, signal warrant analyses, traffic signal design, access studies, traffic safety operations, parking studies, and vehicular and pedestrian circulation studies. Brian leads Pond's Transportation and Community Development practice, which includes transportation planning, design, and operations, as well as site design, land use/zoning, urban design, and landscape architecture. A sample of Brian's individual experience related to this project includes: ■ Widening of State Route 9, Georgia Department of Transportation (GDOT), Alpharetta, Fulton County, GA: Brian serves as Principal -in -Charge of this project which consists of the widening of S.R. 9, reconfiguration of sideroads, pedestrian improvements and signal upgrades. The work is divided into 2 projects: 1 begins at Upper Hembree Road and continues to Academy Street; the other stretches from Academy Street to Windward Parkway. S.R. 9 is a non- uniform arterial, currently having several different sections along the 3.8 mile corridor. There are generally 4 different sections: a 5 -lane section with flush median, a 4 -lane section, a 3 -lane section with flush median, and a 2 -lane section. Tire proposed section is a 4 -lane section with 20 foot raised median. Auxiliary lanes would be added as needed. Grimes Bridge Road, Bridge Replacement & Intersection Safety Improvements to Multiple Roads, City of Roswell, GA: Brian serves as Principal -in -Charge of this project which includes realigning Grimes Bridge Road and Oxbo Road to form a new T -intersection onto the new bridge section- The new signalized intersection on the bridge includes sidewalks and pedestrian crossings in all approaches as well as accommodation for a future trail system beneath the bridge. Context sensitive architectural enhancements were added due to the proximity of the bridge to the 300 acre Vickery Creek Unit of the National Park Service, part of the Chattahoochee National Recreation Area. All construction drawings and specifications were approved by and developed to plan requirements of GDOT. in Perimeter CID Intersection Master Plan: The purpose of this project was to develop master plan level concepts for improving 15 intersections within the DeKalb Perimeter CID. These improvements included modifications to improve pedestrian safety and accessibility, aesthetics (mast arms, landscaping, etc.), and intersection operation. This master plan set the stage for developing a program of improvements to be implemented by the Perimeter CID and was an important tool in obtaining commitments from GDOT. Brian managed this project. DAMEL SAP -IA, £IT — POND Transportation Design Education: Bachelors Degree, Civil Engineering, University of South Carolina, 2006 Registration: Engineer in Training License EIT416376 I GSWCC Level 0 Certified Plan Reviewer Certification #000056303 Daniel has over 7 years of experience in traffic and transportation engineering with his work for the Georgia Department of Transportation. He maintains a high proficiency level in MicroStation, AutoCAD and CAiCE as well as keeping up with current design standards. Daniel's project experience includes: Grade Separation of US84/SR38 at Norfolk Southern Railroad, Lowndes County, GA: US 84 is the major connector from 1-75 to downtown Valdosta with two Norfolk Southern tracks and another proposed track, that ran 25 trains a day through that area, with a construction cost of 12 million and a Right of way cost of over 5 million. The existing traffic was over 20,000 ADT and over 29,000 for the design year. The project was a 5 lane section at one end and become a one-way pair at the end while snaking through two historical properties on either side of the road, and will require a full detour to complete. This project required outreach to the community, local government and significant railroad involvement with Norfolk Southern and CSX. Daniel completed all design tasks, including geometrics, staging, urban drainage, SUE, right of way, quantities, wall envelopes, erosion control, and saw the project from just after concept all the way to letting. • Widening of State Route 9, Georgia Department of Transportation (GDOT), Alpharetta, Fulton County, GA: Daniel serves as Transportation Design Engineer for this project which consists of the widening of S.R. 9, reconfiguration of side roads, pedestrian improvements and signal upgrades. There are generally 4 different sections: a 5 -lane section with flush median, a 4 -lane section, a 3 -lane section with flush median, and a 2 -lane section. Auxiliary lanes wit! be added as needed. lv ww rQ", 0XQ1T1 10 a DESIGN FOR HOY£WELL R040 AT BIRMINGHAM ROAD �ty FV4ARK ED'A!AR ID a, R E -- ND Traffic Design Education gachcfo,'s Degree, Civli Eng veering, Georbia InstiiUtc of Technology, 2008 Registration Professional Engineer in the state of Georgia (PE #1037564) I Level 1 Certificci Desi;grl Professional, Georgia Soil & Water Conservation Commission Mark has been responsible for assisting in the design of several transportation projects since joining Pond in 2008. He has experience with projects ranging from urban intersection redesign to large scale multi -use trails. Mark is proficient in all of the computer programs which are used in transportation design, and he is knowledgeable of design standards. ■ S.R. 9 @ S.R. 120 Intersection Improvements, Alpharetta, GA. The improvements to the intersection of Old Milton Parkway (S.R.120) at Main Street (S -R. 9) consisted of sidewalk and intersection improvements, as well as developing a raised median that will eventually span nearly 4 miles of S.R. 9. The intersection improvements to this project included the installation of an additional left turd lane to help alleviate congestion, and the installation of two new mast arms. Streetscape improvements were accomplished by installing an 8 ft. wide brick paved sidewalk. As part of a previous project with the Georgia DOT, Pond & Company helped develop a conceptual plan for installing median with several well planned openings along a 4 mile stretch of S.R. 9 through Alpharetta. This project installed the first part of that median, helping to create a much safer road. • intersections Improvements, Forsyth County, GA: This project consisted of providing full design, right of way and construction documents for 18 different locations throughout Forsyth County, including numerous intersections on State Routes. Improvements included safety and operational improvements as well as drainage and capacity improvements, which are all funded through the County's current SPLOST program. Traffic studies were conducted at each of the proposed intersection projects to help determine the scope of the improvements. Some of the designs included the addition of tura lanes, the addition of signals, roadway realignments as well as intersection reconstruction to provide a new round about (continuous flow intersection)_ ■ Old McEver Road, Safety & Operational Improvements, Cobb County, GA: The safety and operational improvements to Old McEver Road from Old Highway 41(Main Street) to New McEver Road included sidewalk provisions along Old McEver Road and the entire roadway length, as well as intersection improvements at both Main Street and New McEver Road_ The intersection improvements at Old McEver and Main Street consisted of the addition of a new signal and turn lanes along Main Street and a slight realignment to Old McEver Road to allow for additional storage. At the intersection of Old McEver and New McEver, Old McEver Road were realigned to provide a 90 degree intersection with New McEver Road. Also included in the Safety and Operational Improvements was the reconfiguration of the existing parking lot adjacent to the stop sign at the park entrance. Utility Coordination Education: Bachelrir's Degree, Civil Engineering, South Carolina State, University, 1999 Registration Level I Certified Design Professional, Georgia Soil & Water Conse: vatior; Cornmisslon Lonnie has extensive experience as a traffic / transportation design engineer. Prior to joining Pond in 2003, he spent 3 years working directly for the Georgia Department of Transportation (GDOT) with leadership responsibilities over roadway, pedestrian and bicycle improvement projects. Lonnie has full operational knowledge of GDOT's standards and the Plan Development Process (PDP) for GDOT funded projects. • Quality of Life Transportation Improvements, Atlanta, GA: The project consisted of sidewalk and intersection improvements that were conducted on an on-call basis with the City of Atlanta. These improvements will enhance mobility, safer intersections and pedestrian connectivity, This $3,600,000 project includes Marietta / Bolton fntersection Improvements, Moores Mill Extension, Marietta Boulevard Streetscape, Bolton Road Sidewalk and intersection Improvements. This design includes elements of traffic signal, utility relocation, ROW acquisition, storm drainage reconstruction, access control, pedestrian connectivity and roadway widening. • North Indian Creek / Memorial College Avenue Intersection Improvements, Clarkston, GA: This project includes the improvements to 2 major intersections along North Indian Creek Road. The improvements include relocating the 2 intersecting streets to one intersection point along North Indian Creek Road. The project will improve the safety and operational characteristics of the 5 -lane North Indian Creek Road. The intersection is adjacent to 4 different schools. Vehicular and pedestrian safety, minimizing ROW impacts and construction cost were major factors associated % ith the design. The design scope is from conceptual through final design and includes elements of roadway, ROW, traffic signal, utility relocation, and hydraulic design. n DESIGN FOR HOPEWEtL WAD At 9tMMINGtiAM ROAD l s IM- Cly Of MikDn Landscape Architecture Education: bachelor's Degree, Landscape architecture, Unlverslty of Georgia . !913 13egistration: registered Landscape Architect, American Society of Landscape Architects, LEER, 4ccreditcd Profesjs onai Jill has 16 years of experience and has worked as a Landscape Architect for a diverse mix of development types including high end retail, community, and municipal projects, with an emphasis on streetscape and park design. She has extensive experience with the design and production of both hardscape and landscape construction documents and renderings. Project experience includes: ■ Intersection Improvements at LaVista Road and Oak Grove Road / Oak Grove Drive, DeKalb County Public Works, DeKalb County, GA: Jill served as a Landscape Architect for this proposed project to include improvements at the intersection of three roadways. The project is a federally funded GDOT project that includes raised landscaped median, pedestrian lighting, shoulder landscaping and as well as other aesthetic improvements, to keep consistent with DeKalh County future corridor improvements along LaVista Road. • Georgia Institute of Technology — North Avenue streetscape Design, Atlanta, GA: Jill serves as project manager and Landscape Architect for the civil and site design of the North Avenue streetscape renovation, Pond's streetscape design along North Avenue consists of two phases. The first phase has been designed as a part of the Visitors Parking Lot project and is in the early phases of permitting and construction. The second phase includes all of the north side of North Avenue lying along Tech property between Gate 10 of Bobby Dodd Stadium and Tech Parkway. Falling within the purview of the overall campus master plan and the North Avenue master plan, this work will add significantly to the campus edge identity. TOM MiKOLAJl"WSKI, PE -- POND Lighting Education: Bachelors of Science, Electrical Engineering, Pennsylvania State University, 1971 Registrations. Registered Professional Engineer in the State of Georgia (PE 44,031630) Tom is Pond's Senior Electrical Engineer for design and design -build projects involving military, municipal and commercial facilities. Tom works directly with clients, architects, consultants, utilities and contractors to accomplish project objectives. He is experience in indoor and outdoor lighting, fire alarm, mass notification, secure and classified communications, video teleconferencing, copper and fiber optic data distribution, low and high voltage power distribution, instrumentation, process controls, and NFPA and NEC standards. Some of Tom's project experience includes; • Consolidated Rent-A-Car Facility (CONRAQ — Hartsfield Jackson International Airport, Atlanta, GA: Tom was the electrical engineer liaison between Mitsubishi heavy Industry, Archer Western Contractors, Georgia Power, and building consultants for Design -Build light rail passenger train. The dual track elevated light rail line connects Hartsfield Jackson international Airport, Georgia International Convention Center, new CONRAC facility housing ten rental car companies and an elevated train maintenance facility. The trains are automated control with automatic guide way switching and platform door control. Tom was directly involved with track lighting, passenger emergency evacuation, platform security cameras, three DC traction power substations and train controls. Construction cost is estimated at $507 million. ■ MARTA Platform Lighting Upgrade, Atlanta, GA: Tom was involved with energy reduction, lighting control upgrade at nine MARTA passenger stations_ This involved field data gathering and replacement/addition of new lighting controls to reduce or eliminate lighting during daylight hours for open and covered platforms and parking lots. • Virginia Avenue Walkway Lighting, Hapeville, GA: Tom was lead electrical engineer for new walkway lighting along approximately 0.7 miles of Virginia Avenue. This included coordination with Georgia Power for multiple points of service and field studies to identify pole locations in areas with heavy commercial traffic. • Douglasvilie streetscape Lighting, Douglasvilie, GA: Tom was lead electrical engineer for upgrade to walkway lighting along approximately three miles of Virginia Avenue. This included coordination with Georgia Power for multiple points of service and field studies to identify pole locations in the areas with heavy commercial and residential traffic. a .pc:,Jcn,Con: t), FNDMI n DCVGN FOR HOPEWRI ROAD AT BIRMiNGNAM ROAD � �� r`,�,�. wpk a ,,,�� �hJTERP FCTopjwpRovZm6-?TS t3-PVi C Vi iftli 1 JEREMY E'RYDR CH, PE — PDND Drainiage/Hydrology Education: Bachelor of Science, Civil CngineFring, fiorida State University, 2004 RegistrationReUistcred Professional Engineer in thc, State of C,eor,gia (PE i#3353Oi) f Ceitfied s 4vel ll Design Prnfessionai in the State of Georgia (# 570£7) Jeremy has 9 years of experience on various land planning and site development projects. He has performed civil engineering design associated with residential and non-residential development projects. These tasks include: water distribution system modeling; design of sanitary sewer and water distribution systems, stormwater management and water quality Best Management Practices; design of storm drainage systems; floodplain analyses; FEMA approval; and permitting. Jeremy has experience with Kentucky Pipe and HEC -RAS computer applications. Jeremy's experience includes: ■ Georgia Institute of Technology, Visitors Parking Lot, Atlanta, GA: This highly visible parking lot serves as the first impression for many new visitors to Georgia Tech. Jeremy served as Lead Civil Engineer on this project that included an array of finely crafted landscape features including granite retaining walls, rain gardens for pretreatment and retention of surface runoff. Civil engineering design include site planning, grading and drainage design, erosion and sediment control practices design and design of stormwater management/water quality BMP's. Jeremy served as Lead Civil Engineer on this project. ■ Georgia Institute of Technology, North Avenue Streetscape Design, Atlanta, GA: Pond's Streetscape design along North Avenue consists of two phases. The first phase has been designed as a part of the Visitors Parking Lot project and is in the early phases of permitting and construction. The second phase includes all of the north side of North Avenue lying along Tech property between Gate 10 of Bobby Dodd Stadium and Tech Parkway. Falling within the purview of the overall campus master plan and the North Avenue master plan, this work will add significantly to the campus edge identity and will help to bring this important gateway into the overall experience and identity of the campus. Civil engineering design included site planning, grading and drainage design, and erosion and sediment control practices design. Jeremy served as Lead Civil Engineer on this project. ■ East Regional Stormwater Management Pond - Sugar Hill, GA: As part of Pond's on-call engineering services contract with the City of Sugar Hill, this project includes hydrologic and hydraulic analyses associated with a two -acre stormwater management pond. The pond, when completed will provide stormwater management, water quality and channel protection for 20 acres of the City of Sugar Hill's city center. The pond will also serve as an amenity area for the City's residents and will include paved pedestrian trails, landscaped terraces, a pavilion with stage, and terraced seating for 300 people. Jeremy served as Civil Engineer on this project. mAVIA SMiTH, RIrS— ROCHESTER Survey1ROW Staking Education: Associate in Civil Engineering Technology (Survey and Construction Option), Southern Technical Institute, 1`77 Registrations; Rcgistcred Late' Surveyor in the state of GA (RLS 92955) While working with Rochester & Associates, Inc. the past 33 years Lamar has both field and office experience. His extensive knowledge in his field has led to an effective and accurate streamlining procedure for processing data. His experience has included route surveys, boundary surveys, control surveys, construction staking of roads, state parks, apartments and commercial sites, topographic survey transit, EDM data collector, horizontal and vertical control for photogrammetric surveys, geodetic control, and construction staking for subdivisions, apartments, railroad, industrial parks, recreation areas, sewer outfall and parks. Lamar has extensive experience in Terramodel with formal training in CAiCE, MicroStation and InRoads. He is also responsible for the coordination of the field crews and office personnel in conjunction with our Survey Department. A sampling of some of those experiences follows: ■ 5R 40 (GDOT) Camden and Charlton County, GA: Served as Senior Surveyor responsible for database preparation for 13 mile road widening project. ■ 1-985/Martin Road Interchange (GDOT), Hall County GA: Served as the Senior Surveyor responsible for database preparation for proposed Interchange • I-85 HOT (GDOT) Gwinnett County, GA: Served as Senior Surveyor responsible for database preparation for 5 mile roadway project. ■ Old Atlanta Road Forsyth County, GA (2009): Senior Surveyor responsible for database preparation for 4 mile road widening project ruw.c�r�dcc�se��3 i= D. 01 pEttGN FOR 40PEWEtt ROAD k1 %1KM1NGNAM ROAD .'t4_ �j Oty 8�i tDn1 P:i LC:L„', 1'w`- ,h""'10� f.'a/r.^.., ,b PWJ DESCRIPTION OF PAST AND CURIRENT PROJECTS FORSYTH COUNTY LOCAL INTERSECTION IMPROVEMENTS, VARIOUS LOCATIONS, GA— POND This project consists of providing full design, right of way and construction documents for 18 different locations throughout Forsyth County, including numerous intersections on State Routes. The improvements vary at each of the intersection. These include safety and operational improvements as well as drainage and capacity improvements, which are all funded through the County's current SPLOST program. Traffic studies have been conducted at each of the proposed intersection projects to help determine the scope of the improvements. An example of some of the improvements includes the addition of turn lanes, the addition of signals, roadway realignments as well as intersection reconstruction to provide a new roundabout (continuous flow intersecrion). The design scope includes vertical and horizontal layouts, traffic studies, driveway profiles, drainage design, maintenance of traffic, erosion control as well as right of way plans. The improvements were designed to j. minimize right of way and environmental impacts and maximize the value of the: funding available. Special Encroachment Permits were obtained for all intersection improvements located on state routes. The work was performed as part of an on-call transportation engineering contract with Forsyth County. All design was conducted as part of one engineering services task order and 18 individual right of way and _ construction packages were prepared concurrently. The design was completed on time and on budget and the construction has been completed on approximately 14 of the 18 intersections. Personnel Assigned to the project* Ron t? r Pir;�;, t•:� am �l ; nor Ticr)uro Folfgf onp, B.ticin f7 n, F.. rf "Oork, Degree of Involvement: 4e-ud Finn PrcLjcc£ Nluni.mWr ent ctfld EVES ROAD COMPLETE STREET, CITY OF ROSW ELL, GA — POND This 1.6 mile section of Eves Road in Roswell is being transformed from a local residential street into a complete street that provides all users including motorists, pedestrians, and bike users of all ages and abilities a safer and more complete transportation corridor. The new corridor will have bike lanes and a multiuse path providing a complete transportation corridor_ The corridor serves numerous residential developments, a Post Office, and an elementary school. These facilities will all be served better by the new Eves Road complete street. Personnel Assigned to the project: fi,' lri.agc' nbh� ' ;Y7? c,�hu ” C,'; FcPr",mann. crr ,l JsIS Sh e , Degree of Involvement: Lcad Pin , Pro;eci }tiP9 GGfl i_' " i!, 1�!"t7?? portnr ?., on Y i ruff? �3,,S gj'.'. WEST BROAD STREET REALIGNMENT, CITY OF SUGAR HILL, GA—POND Pond & Company was chosen by the City of Sugar Hill for a revitalization of their downtown. This project included infrastructure and aesthetic improvements to West Broad Street and Afton Tucker Boulevard. Project comprised of the design for >: realignment of approximately 4,000 linear feet of road including intersection improvements of the realigned West Broad Street and a proposed roundabout adjacent to the new city hall and town green center. The City is provided regional stormwater detention ponds to spur development as well as changing development criteria to allow mixed use multi-level buildings to be constructed immediately adjacent to the new wide sidewalks. Along with successfully implemented traffic -calming roundabout the Pond Team also provided extensive landscaping as well as on street parking and overhead utilities are being buried and others are being upgraded. Decorative brickwork, street trees, benches, and lighting were also included in the project. Personnel Assigned to the project. Ron z;wr oh, Re-vio 5"i'me(, kjchz;;";j Fano i ;,;, ! i -g _.,. E-1;fcr. Degree of Involvement- :01n 7` i-;rF r iai'liFw �E ii�ie'3Y`C'CdC'.',i3c:?`- t-t}r7; jn -;r?,`Jtri? (]riLi P !;Vi `c, '? .' �. �}i r' � '� '� - � U s4 +7, r �'.. �f;="#.�i'E,�C.�a=s, rtt'�TF11f?7��'t':T��c"3 S:= M I G 4 POR IHIOMWEIL OAD AT MON 10A0��r; � i lbonn ON-CALL ENGINEERING SERVICES, PEACHTREE CITY, GA — POND Pond was selected to provide on-call transportation engineering services for Peachtree City including: design services, traffic engineering, and bridge inspection/engineering. Projects performed or soon to be underway include: ■ Traffic analysis and design of intersection improvements at Crosstown Road at South Peachtree Parkway ■ Inspection of five pedestrian bridges ■ Accident and Traffic Review and Intersection Improvement Concept Evaluation for N. Peachtree Parkway at Tinsley Road and Loring Lane ■ Signal warrant study for SR 74 at Baseball Soccer Complex Northern Entrance ■ Redwine Road at Robinson Road Intersection Improvements Concept Pond has performed analysis of traffic conditions and provided options for a variety of concepts for the Crosstown Road at South Peachtree Parkway intersection design including improved turning lanes, future signalized intersection, and a potential conversion to a roundabout. Additional task orders related to intersection and roadway traffic operations and design are anticipated. Personnel Assigned to the project: >'C;ra RiChord FCi .r7irmn, llr.an Bolick. end Lo tnie u.;o Degree of Involvement: i �, � r r,P, ra.r=;ara ?vl nc� v rn rst zrc f[ nz aarstYtir3n ::n; rc��ic sign NAS MAYPORT, MASSEY AVENUE CORRIDOR IMPROVEMENTS, JACKSONVILLE, FL— POND This high profile project for Naval Air Station Mayport in Jacksonville Florida includes the widening and realignment of 1.5 miles of Massey Avenue- Massey Avenue is one of the main arterials at NAS Mayport and it provides the station's key support facilities to the port. The existing 3 lane roadway, which is immediately adjacent to the mouth of the St. Johns River, will be widened to a 4 lane divided boulevard_ The proposed roadway improvements have been designed to include bio -retention facilities as well as other major drainage improvements along the roadway corridor. Other improvements include pedestrian facilities, including 3 mid—block crosswalks, .� roadway lighting, landscaping and driveway consolidations. The new roadway will include two upgraded signals and the installation of an additional signal, all with decorative mast arms to meet current base and FDOT standards. In addition to the Massey Ave improvements, the project included upgrading the intersections of Maine Street and Moale Avenue as Well as Baltimore Street and Moale Avenue. These improvements including adding auxiliary lanes and upgrading the existing signal and conversion to o roundabout, respectively. Personnel Assignee[ to the project: Son C;sierloht iarijr Bofa&. Kevin 15kinner, ,Work t-_, alds, Jill Siude , end Richard Fang-rivr..r:,- Degree of lnvolvement:.l =nx ilet?ture Co LegLi irm, Pr of rr a" t: Ei U3?TC'"I}t cn1 Tr7rnrrvta ion Find Tr rffk IEE S/ Ci; Fi iN Ct)nsiF'rr�4'!C (i .Et fT#tr IS#f14?tt sGrwc;es. HOLCOMB BRIDGE ROAD CORRIDOR STUDY, CITY OF ROSWELL, GA — POND The primary goal of this project is to develop viable, multi -modal, and cost-effective short- and long-range solutions. Pond & Company along with teaming partner Arcadis performed a detailed traffic analysis of 1.5 miles of Holcomb Bridge Road (SR 140) from Warsaw Road to Holcomb Woods Parkway, including the SR 400 interchange. This important transportation study will serve multiple transportation purposes, connect Roswell to SR 400, and provide access to local businesses and residents. Holcomb Bridge Road (SR 140) is identified as one of the most congested corridors in the North Atlanta area by the leading regional transportation agencies. The roadway also serves as the gateway to Roswell from SR 400. Holcomb Bridge Road is the first regionally significant east -west connection north of 1-285 with a connection to SR 400, serving both regional through traffic and local traffic. The study involved several tasks, including public involvement, land use and economic analysis, transportation planning, traffic projections, multi -modal modeling, alternative traffic analysis, benefit/cost analysis and the development of a master and cost information. The study's focus is on addressing traffic congestion, balancing land use and transportation investments, and aesthetic improvements in the corridor. Transportation improvement concepts, access and circulation improvements, interchange beautification and streetscape concepts are also being developed as part of this study in an effort to meet the City's and community's objectives for the analysis area. Personnel Assigned to the project.:�rf Degree of Involvement, 1-,. Aniysi:_. DE515ti FOR "OPEWfil VO AD AT 41914INGitAM WAD mabon Frd7a f':�� 71;jFe' i.,arr{�ry"'s'f� �:yt '1',y- i,�•t'i5'G o7 ROSWELL RD. (SR 9) PEDESTRIAN CROSSING &. MEDIAN INSTALLATION FROM BELLE ISLE RD. TO MYSTIC DR., SANDY SPRINGS, GA — POND Pond examined pedestrian crossing needs along a section of Roswell Road (SR 9) experiencing high pedestrian activity. A heavily used bus route is present along this section of SR 9, resulting in frequent pedestrian crossings to access the bus stops, as well as for access to a community shopping center. Traffic volumes are steady throughout the day, limiting the ability of pedestrians to cross without stopping in the two-way left turn lane. Pond examined the traffic and pedestrian crossing volumes and recommended installation of a pedestrian hybrid beacon and median with landscaping to channel pedestrians to designated crossing locations_ The traffic study examined MUTCD warrants for pedestrian hybrid beacon installation and provided documentation in a Traffic Engineering study for GDOT approval. Pond prepared a design concept and cost estimates. Pond is beginning detailed design work on the median and pedestrian hybrid beacon. Personnel Assigned to the project: Roi ? t=r 3 i's, ,:r:; ;:- L'J,-wr ,),,, Ric,ii., i hong no ;;I uf!rf _41"I �l1der, Degree of Involvement: L -,i -'ii FiraT! N'Iot ! i'.? ,enrV.-TV Ircrisool'`C7r on G7nd Tr-,ffic Dcsfpn. OLD MCEVER ROAD SAFETY & OPERATIONAL IMPROVEMENTS, COBB COUNTY DOT, COBB COUNTY, GA — POND This project includes Safety and Operational Improvements to Old McEver Road from Old Highway 41(Main Street) to New McEver Road, partially within the City of Acworth limits. The improvements include sidewalk provisions along Old McEver Road, along the entire roadway length, as well as intersection improvements at both Main Street and New McEver Road_ The intersection improvements at Old McEver and Main Street consist of a the addition of a new signal and turn lanes along Main Street and a slight realignment to Old McEver Road to allow for additional storage. At the intersection will be realigned provide a 90 degree intersection with New McEver Road. Also included in the Safety and Operational Improvements is the reconfiguration of the existing parking lot adjacent to the stop sign at the park entrance. Personnel Assigned to the project: sicr- z sur;J ,_ Pic! -,4.7,d Fw?gi-nai?o ird P;1), Y,,( f_it-yt1;''s.5. Degree of Involvement: lead Fjro1, P(?iec and MARRIETTA BOULEVARD/MOORES MILL, ATLANTA QUALITY OF LIFE PROJECTS, CITY OF ATLANTA, GA — POND Within the re -development of the Marietta Boulevard corridor, Pond is currently working on transportation design packages. These improvements will enhance 1 mobility; create safer intersections and pedestrian connectivity. Pond utilized the guidance of an earlier LCI study and while addressing multiple access issues and coordinating directly with major re -development projects. This $3,600,000 project includes Marietta / Bolton Intersection Improvements; Moores Mill Extension; Marietta Boulevard Streetscape; and Bolton Road Sidewalk and intersection Improvements. This design includes elements of traffic signal, utility relocation, right-of-way acquisition, storm drainage reconstruction, access control, pedestrian connectivity and roadway widening. Personnel Assigned to the project: Rr.n Skin!1,-r. or;.- Mark �Jii'arols. Degree of Involvement: L.:ztid Fb,?n, Pro po rVla..:)og'rnenr . .-,ffic Oes,gn, Consrq:< 60n J Ttld.?;S"f"Cri"1� Sf t t:"t NORTH INDIAN CREEK & MEMORIAL COLLEGE AVENUE INTERSECTION IMPROVEMENTS, CLARKSTON, GA — POND This project includes the improvements to two major intersections along North .o.o Indian Creek Road_ The improvements include relocating the two intersecting- :- streets to one intersection point along North Indian Creek Road. The project will improve the safety and operational characteristics of the 5 lane North Indian Creek Road. The intersection is adjacent to four different schools. Vehicular and pedestrian safety, minimizing ROW impacts and construction cost were major factors associated with the design, The design scope is from conceptual through final design and includes elements of roadway, ROW, traffic signal, utility relocation, and hydraulic design. Personnel Assigned to the project:. Degree of involvement: h E31GHfoY11PEi1PEilRo o3734RNIMfaiIR M J4OAD �w; Mon WWW INTERSECTION IMPROVEMENTS – LAVISTA ROAD AT OAK GROVE ROAD/OAK GROVE DRIVE AND LAVISTA ROAD AT FRAZIER ROAD/FAIR OAKS ROAD, DEKALB COUNTY PUBLIC WORKS, DEKALS COUNTY, GA – POND The project improves the intersections of LaVista Road at Oak Grove Road/ Oak w, I s Grove Drive and LaVista road at Frazier Road/ Fair Oaks Road. The improvements at LaVista and Oak Grove include realigning the two intersecting ` + side roads to meet at a common intersection, adding appropriate auxiliary lanes at the new intersection approaches, improving existing safety conditions at the � intersection, improving traffic and pedestrian control, and adding sidewalk fora ewc.nrr 4 distance of 0,5 mile along the LaVista Road approaches. The LaVista at Fraizer/Fair Oaks improvement project consists of roadway improvements that include reconfiguration of the existing intersections to improve efficiency through new signal phasing and the addition of auxiliary lanes. The projects are a combination of GDOT and local DeKalb County Bond Program funding. Both intersection improvements include the addition of raised landscaped medians, bicycle friendly pavements, pedestrian lighting and shoulder landscaping. Personnel Assigned to the project: P ,i - „ �". itc�, fiin_r �t='v%"r; d . 9s�n rd Y;- l:4i = iC':. _. , Degree of Involvement: :_ <C� lf'r_ ;!'C? W fl ? . T." � r `�" c ' r:r�i,'37 zrsi '... r !3SF7i,T'��i7�1�.:; Flesiw, , DUE WEST ROAD CORRIDOR IMPROVEMENTS, COBB COUNTY, GA– POND The project consists of upgrades and redesign of three intersections along the Due West Corridor as well as the addition of bicycle lanes along Due West Road. The intersection upgrades include addition of turn lanes and access control and the realignment of two intersecting roadway to consolidate to one proposed intersection location. The project includes a traffic study of the project corridor including elimination of one signal, new design of another signal and retiming and additional signal head design of an existing signal. The length of the existing Due West Road corridor is approximately 1 mile and the realignment of side roads consists of approximately 0.25 miles of roadway length, In addition to the traffic study and signal design, the project scope includes preparation of a concept plan on county GIS, public involvement, Right of Way plans and construction drawings and bid documents. The purpose of this project is to provide safety and operational improvements, and reduce traffic congestion. This project makes corridor improvements on Due West Road/Acworth Due West Road from south of Old Hamilton Road to just north of Burnt Hickory Road to the west. Personnel Assigned to the project: F.'c,rl fist=_ ~ ; . .S,,ign Pc�Pck, Ani:lr's ! sr ;3 _:E3r,' ; ,r ;.w, :a r, ,, ;;; <; Degree of involvement. ' cad 0`"o,,Pr„,,jecTPvIG+)'-t E!'�,'€'P?`aiid'T ospprt,tTtionC1ndT,r;e`fftr GEORGIA INSTITUTE OF TECHNOLOGY – NORTH AVENUE PEDESTRIAN SAFETY PLAN, ATLANTA, GA – POND Pond prepared a pedestrian safety plan for the Georgia Institute of Technology in conjunction with implementation of their North Avenue Streetscape Master Plan. Pond, examined pedestrian traffic flows along and across North Avenue1.-• s and examined alternatives to enhance pedestrian safety. The analysis �s a considered several Potential improvements including:,—"' ■ Implementation of a Pedestrian Hybrid Beacon ■ Installation of an all red pedestrian walk phase (pedestrian scramble)" ■ Conversion of signalized left turns to protected only operation to reduce pedestrian conflicts Implementation of advance pedestrian walk and/or no -right turn on red at select locations ■ Implementation of countdown pedestrian signal heads and signage to enhance warning of pedestrian crossings ■ Reduction in the number of through lanes on North Avenue The Pedestrian Hybrid Beacon (HAWK) is being implemented at a midblock crosswalk location. In addition, traffic signal phasing and operational modifications are being implemented at the Williams Street Pond prepared the Pedestrian Safety Plan, prepared design plans for improvements, and coordinated approval with the City of Atlanta and GDOT. Personnel Assigned to the project: r. t;; S Sr _ ,. 1 Cr C� P' Yi �r �° ?`ii' ilst 1' Cry c7 i�ri 7 r13'� .;15. Degree of Involvement: ,. ter iirl'� Y tffiD7� itpi„ limir&,; r DtSIGN FOR I10otWRL i OAD Ai 51MINSMAM ROAD ..or Ni� f7, 1'5AI Lt i BUFORD HIGHWAY MEDIANS LCI, CITY OF NORCROSS, GEORGIA —POND Pond is under contract to design this LCI implementation project in the City of Norcross. This 1.4 mile project includes converting a heavily travelled five lane flush median section into a pedestrian friendly, aesthetically pleasing section. The convergence of three bus routes at one section of the corridor has created a sort of unofficial transfer station where pedestrian volumes crossing the five lane section exceed 60 pedestrians per hour. A raised, landscaped median is proposed with midblock crossings at key pedestrian nodes. The design proposes to reduce lane widths slightly in order to create bicycle -friendly outside lines. By adjusting lane widths, the footprint is not expanding, reducing the need for Right of Way, and minimizing impacts to the adjacent landowners. Project is in progress and is on time and within budget. Personnel Assigned to the project: ;;,-,n 61sterirah, Kevin Sklinner, 'f sRs;?:` Cirraptx,f. jiil `I(; and Mark ?w:hvciras. Degree of Involvement: Fvrrl, f-ro L'Ct .FGsPci�fiuE�"i;�F1� ��7L7 BUFORD HIGHWAY PEDESTRIAN IMPROVEMENTS PLAN, GWINNETT VILLAGE COMMUNITY IMPROVEMENT DISTRICT (GVCID), GWINNETT COUNTY, GEORGIA—POND Pond provided design services to improve high-profile corridors for the Gwinnett Village CID. The corridors are adjacent to both an active railroad line and a large recycling plant in southwestern Gwinnett County. As part of the CID's plan to develop the aesthetics, pedestrian accessibility, safety and environmental improvements on their corridors, the project included a new sidewalk and handicap ramps along a one-half mile stretch of State Route (SR) 13/US-23, Buford Highway. Y. Proposed major landscaping enhancements will improve the visual appeal of the adjacent industries. Personnel Assigned to the project: five 0,, -colon, ,'fit vM, :; : R chord F€=~rcgorv, :, .fail Siuder and Degree of Involvement: Ld r-i,Irm,, Projccr r10omaq mil rt an f�;;S �4r:L7iJc3f3 and T ro]! I�e5i-SII. REFERENCES Client: City of Alpharetta Contact: Pete Sewczwicz, Civil Engineer Email Address: psewczwicz@alpharetta.ga.us Address: 1790 Hembree Road ] Alpharetta, Georgia 30004-2041 Phone Number: 678.297.6200 Fax Number: 678.297.6211 Client: Forsyth County Contact: Tim Allen, Assistant Director of Engineering Email Address: tallen@forsythco.com Address: 110 East Main Street, Suite 120 ] Cumming, Georgia 30040 Phone Number: 770.781.2165 1 Fax Number: 770.781.2104 Client: Peachtree City Contact: David A. Borkowski, City Engineer Email Address: dborkowski@peachtree-city.org Address:151 Willowbend Road Peachtree City, Georgia 30269 Phone Number: 770.631.2538 E Fax Number: 770.631.2552. lip �..-->,�.�„ �.-.....--a .......�.......,..,�.�..,a.�....:a,.�..,... „,_»..��.m,®. �d...,.�.... »...,�-.m.—�....�m..,,e�w.a_. er...ri.�....»,.M».....»�d.......,..«�,m.,_.....r.w ...�._._ No Text 34 J RFP 13-PW4 EXHIBIT `'A„ SCOPE OF WORK/REQUEST FOR PROPOSAL EXHIBIT "B" FEE SCHEDULEMESPONSE TO RFP EXHIBIT "C" INSURANCE CERTIFICATE 35 j RFP 13-PW4 EXHMMYT "D" STATE OF GEORGIA CITY OF MILTON CONSULTANT AFFIDAVIT AND AGREED ENT By executing this affidavit, the undersigned Consultant verifies its compliance with O.C.GA. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicabilityprotirisions and deadlines established in 0,C G.A_ § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of piton, Consultant will secure from such subcontractor(s) similar verification of compliance with O: C. G.A. § 13-10-91 on the Subcontractor Affidavit provided in. Rule 300-10-01-. 08 in the form attached hereto as Exhibit "E. " Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform .such service. 175046 EEV/Basic Pilot Program User -Identification Number 12/31/08 BY, Authorized Officer or Agent Date Director of Human Resources Title of Authorized Officer or Agent of Consultant Pam Gower Printed Name of Authorized Ofcer or Agent SUBSCRIBED ANIS SWORN BEFORE Av E ON UM11 THE DAY OF a ��7 2013 Notary blit r��t►�� My Commission Expires: y 2Yk- 36 I hr F 1, -i"%44 STATE OF GEORGIA CITY OF MIL TON r,X,,UIBIT "E'. SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifav hs campliance with O. C.C;.A_ 13-10-91, stuting affirmatively that the individual, Jim ar corporation which is engugucl in the physical performance of servicer under a contract with XXXXXXX on behalf of the City of iYlilton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O. C. C.A. § 13-10-91. ELV 1 Basic Pilot Program User Identification Number BY: Authorized Officer orAgefrt Date- Subcontractor Name VI CC- 1--tzesl zes.O Title oj'Autharized Offeer orAgent of Subcontractor Printed Nance ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BTFORE ME ON THIS ,THE 5_DAYOF J. oMb , 2013 Notary Public My Commission Expires: 37 f RFP 13-PW4 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O. C- GA. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) X I am a United States citizen. 2) lam a legal permanent resident of the United States. 3) lam a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department ofHoinelandSecurity or other federal immigration agency_ My alien number issued by the Department of Homeland Security or other, federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O_C. G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided -with this affidavit canbest be class fed as Georgia State Drivers License In making the above representation under oath, I understand that any person who knowingly and will fully makes a false, fictitious, or fraudulent statement or representation in an afidavit shall be guilty of a violation of 0. C. G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Bxeoutedin NaC (aity), Georgia (state)- 4si-�'o44PPli�canl R. Brian Barck Printed.Name ofApplicant SUBSCRIBED AND SWORN BEFORE ME ON .THIS DAYDE Ar( 20_ NOT P 1; !fy Comrniss'on Expires: Ll zV 13 T NOr''" OsG�tt�� ,°�•"•�,�•�s' 4*12401tlt♦ M 1 tTO N ` ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 91 RFP 13-PW4 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attu: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 34004 Phone- 678-242-2511 Fax: 678-242-2499 Email: rick.pearce(c-cityofmittouga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: Pond & company CONTACT PERSON: R. Brian Bolick Vice President ADDRESS: 3500 Parkwav lane. Suite 600 CITY; Norcross STATE: Georgia ZIP: 30092 PHONE, 678.336.7740 FAX: 678,336.7744 EMAM ADDRESS: 6alickB@pondco.corn `i .3 , y 13 /Sig atur T Date ADDENDUM #1 IIPage R F P 1 3 - P W 4 ADDENDUM 91 RFP 13-PW4 Questions and City of Milton Answers Q: Do the design drawings need to be prepared in Microstation or the city will allow the submittal of AutoCAD files? (Pg. 15) Consultant in -ay use either 'iNficroStalion. or AutoCAD. The City requires all CARD deliverables to be converted for use in AutoCAD LT 201.1., Q. If AutoCAD is acceptable which version of AutoCAD does the city needs the files on? (Pg.15) The City requires all CARD deljvcrables to be converted for use hi AutaCAID LT 2011. Q. Does the ALTA survey needs to have the total boundary of the parcels that will be affected by the design? (Pg. 16) The City has already completed a survey that should include all parcels that could be affected by the desisij. This survey includes the total boundary of all palTels. Q: The Design will be done following per the required Manuals, Standards and Specification. Is Ga.DOT certification required to win this RFP? (Pg, 13) Consultant is nut regtured to be GDOT prequililied. Q: Please provide example of a special grading pians that the city will require? (Pg. 17) Page ##3 of this addeicdutu is in example of a spechil grading plain. Q: Does the consultant needs to provide a software program (earthwork) used for this project to the city? (Pg. 19) The earthwork deliverables will be a pdf the overall tabulation and pdr output of program used to rim volumes. Q: Section 3.2 of the RFP refers to a concept report which recommends two alternative concepts, with the roundabout being preferred. Is the city expecting designs for both alternatives, or only the roundabout design, as the deliverable for this project? This project is only for the design of the preferred alternative of the. ro-undabout. 21Pa�e RFP I3-PIV4 P'N 1 v zg- tijr � L do P 13-PW4 Page 3 kF ��' �,.rr-x"{� � ��, r, '. , .�L �• i. .i .'gyp V - � . f r,*]. i.e..\'S i�E i 'I'=.`.� ,fit -•fS�� �` •i 4 ' s'` C• J" s w .IiUP '�� '°� rte:, - �5 a�"` :�,•.., _�� ��'�� _.� i PON7 -! 1 j F 1 3500 Parkway Lane F' Suite 6DD = Atlanta, GA 30092 P 878.336-7740 g, v -•':: "; F 678,336.7744 W.YMpondco.com Y, ?' 1 .T ��' �,.rr-x"{� � ��, r, '. , .�L �• i. .i .'gyp V - � . f r,*]. i.e..\'S i�E i 'I'=.`.� ,fit -•fS�� �` •i 4 ' s'` C• J" s w .IiUP '�� '°� rte:, - �5 a�"` :�,•.., _�� ��'�� _.� EXHIBIT "C" Insurance Certificate 35 1 RFP 13-PW4 EXHIBIT "D" STATE OF GEORGL4 CITY OFMILTON CONSULTANT AFFIDAVITAND AGREEI�IEIVT By executing this affidavit, the undersigned Consultant verifies its compliance with 0-C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicahility provisions and deadlines established in O. G. G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractors) in connection with the physical performance of services pursuant to this contract with the City of Vzlton, Consultant will secure f -om such suhcontractor(s) similar verification of compliance with O: C, G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01 � 0g in the form attached hereto as Exhibit "E. " Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractors) is retained to perform such service. 175046 EEV IBasic Pilot Program User Identification Number 12/31/08 BY.• Avthorized Of�cer or Agent Date Director of Human Resources Title ofAuthorized Officer or Agent of Consultant Pam Gower Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE AIN ON THI,� THE 3 DAY OF Gt �C%i 1201 f - NataYy brit �,rlrrr Atv Commission Expires: j Z� rs U 1 I;_ -r;' STATE OF GEORGIA CITY OF Ulf, TON EXHIBIT 44E'. SUBCONTRACTOR AFFIDAVIT By executing this affidakit, the undersigned subconlruetor verifies its corrrplictnce willr O.C.G-4A 13-10-91, stating affirmatively that thc� indivirltral, firm or corporation which L5 engaged in the physical per formance of ser vices under a contract with XXXXXXX On behalf of the City of Milton has registered with and is participatirrg in u jirderal work authorization program, in accordance with the applic.abilig, provisions and deadlines established itr O. C.O,A. 13-10-91, f CEV l Basic Pilot Program User identification Number BY: Autlwr•ized Officer or Agent Date -"rte CIC. , tt Subcontractor Nome Title: ul.Author-ized Officer Dr Agent of Subcontractor Printed Name of Airthorized Officer or Agent SUBSCRIBED AND SWORN BEFORl: HE ON THIS THE DAYOP M0CC 201_3 Arotcrry° Public My Commission Expires: 12 -1 f 37 1 RFP 13-PW4 STATE OF GEORGIA CITY OF MILTON .EXHIBIT "F" SAYE AFFIDAVIT By executing this affidavit under path, and as an applicantfor a public benefit, as referenced in 0.0 G.A. , 50-36-I, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) X Lam a United Slates citizen. 2) 1 mn a legal permanent resident of the United States, 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department ofHomeland Security or other federal immigration agency. * alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies thatheorshe is 18 years of age or older and has provided at least one secure and verifiable document, as required by 0. C. G A. § 50-36-1(e)(1), with this affidavit. 1 he secure and verifiable document provided with this affidavit can best be classified as: Georgia State Drivers License - In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of 0. C. GA § 117-10-20, and face criminal penalties as allowed by such criminal statute. Executed in Nor C (C7�,S(city), Georgia (state). ��'�. $i nature of Applicant R. Brian Bolick Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE 1lIE ON THIS THE LDAYOT11r 2013 a � /� AT •,�t�s�trr��r ATOTA�JRAA ,,•` KATHF�%rr Nam. � My Com miss on Expires: 11 Cr � 2 CP HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' 'M'-,ILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Patriots Day Proclamation Presented to the Sons of the American Revolution. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR REMARKS: D�{o8i3 () NOT APPROVED (� NO NO () NOT APPROVED PHONE: 678.242.2500 FAX: 678.242.2499 lACERMIARR * Certified MANNER Communit City of info@cityofmiltonga.usIwww.cityofmiltonga.us y 5>=thics�� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CE,Rilr,L0 f8R0N7: Patriots Day WHEREAS, April 12, 1775 is a momentous date in the founding of our nation – once celebrated with other Patriotic Holidays; and WHEREAS, In the early hours of that day, Paul Revere, William Dawes and Dr. Samuel Prescott raced through the Massachusetts countryside to warn fellow citizens that British troops were coming to arrest their leaders and seize their stores of munitions; and WHEREAS, Answering this alarm, Patriots took up arms, congregated on the Village Green in Lexington and, during a confrontation with the British troops, several Patriots were killed thus marking the beginning of the war for American Independence; and WHEREAS, On that same day, determined Patriots lay in wait for the advancing British at Concord’s North Bridge and, during the intense fighting, they repulsed the British, who then began their retreat to Boston with the Patriots harassing them all the way; and WHEREAS, News of “the shot heard ‘round the world” galvanized public opinion in favor of the American Revolution, including reluctant Georgians; and WHEREAS, It is appropriate that we recognize the importance of this day in our history and remember the sacrifices endured by many Patriots during years of struggle for American Independence; and WHEREAS, Milton County honored John Milton, a Georgia Continental officer whom the British captured at Fort McIntosh in 1777 and imprisoned at St. Augustine. During the British capture of Savannah in 1778, Milton saved Georgia’s public records by taking them to the Carolinas, and later to Maryland. He returned the records following the re-establishment of Georgia’s government in 1782. Milton County became part of Fulton County in 1931; and WHEREAS, The City of Milton is named for John Milton and is within the county once named for him NOW, THEREFORE, the City of Milton proclaims the Eighth day of April as PATRIOTS DAY and encourages our citizens to honor the many Patriots for whom Georgia counties and towns are named, and pay tribute to all the Patriots of the American Revolution. Given under my hand and the Seal of the City of Milton, Georgia on this 8th day of April 2013. _____________________________ Joe Lockwood, Mayor 0. HOME OF'THE BEST QUALITY,.'-, `_E IN GEORGIA' N/t I LTO N' TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Adopt Amendments to the Fiscal 2013 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: � APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES �) NO CITY ATTORNEY REVIEW REQUIRED: () YES �) NO APPROVAL BY CITYATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O O S 13 REMARKS: Youlm- PHONE: 678.242.2500 1 FAX: 678.242.2499 w racEawIIRR '81.7ree * Certified * WINKERiCity of info@cityofmiltonga.us I www.cityofmiltonga.us Community , Ethics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CE�;T ,E ,. BRONZE ON E— Page 1 of 2 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2013 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on April 22, 2013 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2013 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2013 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2013 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 22nd day of April, 2013. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Bill Lusk Councilmember Lance Large Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) City of Milton, Georgia Fiscal Year 2013 Summary of Departmental Budget Amendments The goal of the fiscal year 2013 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance/ operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 393,416 Expenditure Appropriation Increase 1,317,254 Net Revenue/(Expenditure) Requests:(923,838) Budgeted Fund Balance: An adequate level of fund balance (i.e., the difference between the City’s assets and liabilities) is essential to mitigate current and future risks and to ensure stable service levels. It also is a crucial consideration in long-term financial planning for capital projects. At the end of fiscal year 2012, the City’s General Fund fund balance totaled approximately $10.1 million. The shared cost of the new public safety radio system increased due to the non-participation of one of the five cities that were originally figured into the agreement. The current budget for the system is $1 million with anticipated funding in the next fiscal year of another $1 million. The projected increase in cost is $500,000, which would result in a $1.5 million funding requirement for next fiscal year. Since the fund balance is currently more than adequate based on our policies, we are requesting funding for one-half of the remaining projected costs ($750,000) for the radio system in this fiscal year. The remaining $173,838 of the requested decrease to fund balance is to cover an operating transfer from the General Fund to the Capital Projects Fund that was approved in FY 2012, but was not done. This transfer was included in the budget amendments at the end of the fiscal year to cover architectural costs associated with the new public safety building and totaled $271,050. A portion of this transfer is offset with increased appropriations to revenues as detailed in the next section. The total decrease to the General Fund fund balance is $923,838, resulting in an anticipated total fund balance of $7,109,058 at the end of fiscal year 2013. Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2013 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. Property Taxes were increased by an overall total of $285,000 based on the tax collection rates over the past three years. 2. Franchise fees were increased by $100,000 based on collections over the past three years. 3. Building permit revenues were increased by $100,000 to account for higher-than-anticipated collections. 4. The court administration fee and fines and forfeitures were decreased by a total of $150,000 due to the trend of lower-than-anticipated revenues in this fiscal year. 1 of 39 Account Name FY 2011 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj TAXES Current Yr Property Taxes-Real 7,783,723 8,007,886 7,500,000 - 7,500,000 300,000 7,800,000 Current Yr Property Taxes-Utility 51,028 59,227 59,000 7,726 51,274 - 51,274 Prior Yr Property Taxes-Real 1,473,948 307,548 320,000 229,361 90,639 (30,000) 60,639 Current Yr Prop Taxes-Personal 182,242 204,611 165,000 - 165,000 15,000 180,000 Motor Vehicle Tax 548,181 575,665 550,000 241,879 308,121 - 308,121 Intangible Tax 175,875 237,498 200,000 92,087 107,913 - 107,913 Prior Yr Prop Taxes-Personal 15,349 4,184 4,100 4,219 (119) - (119) Real Estate Transfer Tax 43,544 53,571 40,000 15,684 24,316 10,000 34,316 Franchise Fees 1,925,622 1,842,164 1,700,000 585,065 1,114,935 100,000 1,214,935 Local Option Sales Tax 3,720,147 3,982,249 4,000,000 662,019 3,337,981 - 3,337,981 Alcohol Beverage Excise Tax 282,096 293,425 280,000 119,980 160,020 - 160,020 Business & Occupation Tax 576,349 613,094 585,000 249,629 335,371 - 335,371 Insurance Premium Tax 1,531,938 1,627,175 1,500,000 - 1,500,000 - 1,500,000 Financial Institution Tax 30,899 32,795 30,000 33,918 (3,918) 3,900 (18) Penalties & Interest-Real Prop 70,352 32,758 29,000 12,372 16,628 - 16,628 Penalties & Interest-Pers Prop 231 775 700 954 (254) 250 (4) Penalties & Interest-Business Lic 7,525 15,420 5,000 2,164 2,836 - 2,836 Penalties & Interest-Other 123 3,851 1,500 5,639 (4,139) 4,100 (39) Total: Taxes 18,419,173 17,893,895 16,969,300 2,262,697 14,706,603 403,250 15,109,853 LICENSES & PERMITS Alcohol Beverage Licenses 142,425 135,851 134,000 140,450 (6,450) - (6,450) Advertising Fee 1,800 1,200 1,000 472 528 - 528 Pouring Permit 5,111 6,620 5,000 2,620 2,380 - 2,380 Solicitation Permit 390 195 100 - 100 - 100 Zoning & Land Use Permits 6,300 11,107 6,000 12,647 (6,647) 7,000 353 Land Disturbance 18,954 14,143 15,000 24,474 (9,474) 10,000 527 Modification 700 1,600 1,000 100 900 - 900 Variance 7,250 6,200 5,500 1,000 4,500 - 4,500 Seasonal & Special Events 860 1,360 800 500 300 - 300 Sign Permits 3,750 1,625 2,000 499 1,502 - 1,502 Building Permits 200,276 311,864 240,000 170,956 69,044 100,000 169,044 NPDES Fees 406 774 500 1,072 (572) - (572) Total: Licenses & Permits 388,222 492,538 410,900 354,788 56,112 117,000 173,112 CHARGES FOR SERVICES Precious Metals Work Permit Admin Fee - - - 70 (70) - (70) Finance Admin Fee 64,044 65,532 59,000 34,800 24,200 - 24,200 Court Admin Fee 171,153 187,144 200,000 47,439 152,561 (50,000) 102,561 Maps & Cert Letters 180 150 150 120 30 - 30 Plan Review Fees 60,308 104,363 65,000 62,800 2,200 - 2,200 Open Records Fees 830 854 600 201 399 - 399 Online Payment Convenience Fee 140 3,981 7,000 3,579 3,421 - 3,421 Development Bond Fee 200 4,450 1,000 (350) 1,350 - 1,350 Election Qualifying Fee 1,950 - 2,640 - 2,640 - 2,640 Accident Reports 5,220 3,632 3,000 545 2,455 (2,000) 455 Expungement Fees 1,825 1,955 1,700 725 975 - 975 Alarm Registration 7,825 5,450 5,000 (1,025) 6,025 (5,000) 1,025 False Alarms 20,050 6,300 9,000 2,100 6,900 - 6,900 Fire Plan Review 1,635 543 700 281 419 - 419 Fire Inspection 2,200 2,850 2,000 - 2,000 - 2,000 Fingerprinting Fee - - - 310 (310) - (310) Fingerprinting/Gold Buyers/Pawn Shops - - - 60 (60) - (60) CPR Classes 45 65 - 140 (140) - (140) Self Defense Class - - - 440 (440) - (440) Background Check Fees 14,155 14,095 12,000 6,085 5,915 - 5,915 Activity Fees/Camp Bethwell 18,046 - - - - - - Activitiy Fees/Joyful Soles 12,415 13,019 12,000 2,363 9,638 - 9,638 Facility Rental 1,153 1,648 1,500 1,353 148 - 148 Activity Commissions 12,079 33,899 30,000 19,927 10,073 - 10,073 FY 2013 FY 2012 Actuals Revenues 2 of 39 Account Name FY 2011 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj FY 2013 FY 2012 Actuals Revenues Bad Check Fees 150 210 180 30 150 - 150 Total: Charges for Services 395,604 450,141 412,470 181,992 230,478 (57,000) 173,478 FINES & FORFEITURES Fines & Forfeitures 431,177 483,242 460,000 114,845 345,155 (100,000) 245,155 Ordinance Fines 225 - 1,000 - 1,000 - 1,000 Total: Fines & Forfeitures 431,401 483,242 461,000 114,845 346,155 (100,000) 246,155 INVESTMENT INCOME Interest Revenue 5,306 3,720 5,000 1,457 3,543 (2,000) 1,543 Realized Gain/Loss on Investmt 17,908 12,692 10,000 7,494 2,506 - 2,506 Total: Investment Income 23,214 16,412 15,000 8,951 6,049 (2,000) 4,049 CONTRIBUTIONS & DONATIONS Donation Revenue-Pub Sfty - - - 1,358 (1,358) 1,358 - Donation Revenue-Public Safety Fd - 5,875 - 3,317 (3,317) 3,317 - Donation Revenue-R.A.D. - - - 1,000 (1,000) 1,000 - Donation Revenue-Golf Tournament - - 6,435 (6,435) 6,435 - Donation Revenue-Community Development - - 88 (88) 88 - Total: Contributions & Donations - 5,875 - 12,198 (12,198) 12,198 - MISCELLANEOUS REVENUE Cell Tower Lease 74,685 17,940 17,940 5,980 11,960 - 11,960 Lease-15315 Thompson Rd - - - 2,374 (2,374) 4,770 2,396 Lease-15260 Bell Park Rd - - 50 (50) 50 - Insurance Proceeds - 238 - 2,642 (2,642) 2,642 (0) Insurance Proceeds-Pub Sfty 293 19,846 - 15,876 (15,876) 5,722 (10,154) Insurance Proceeds-PW 7,350 10,902 - 6,784 (6,784) 6,784 - Other Misc Revenue 37,363 26,096 7,500 107 7,393 - 7,393 Over/Short Cash Drawer 0 1 - (0) 0 - 0 Evidence Room Unclaimed Cash - 386 - - - - - Total: Miscellaneous Revenue 119,692 75,409 25,440 33,813 (8,373) 19,968 11,595 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 14,376 12,688 20,000 - 20,000 - 20,000 Sale of Surplus Equipment - 2,474 24,000 15,453 8,547 - 8,547 Total: Other Financing Sources 14,376 15,163 44,000 15,453 28,547 - 28,547 TOTAL $ 19,791,682 $ 19,432,673 $ 18,338,110 2,984,737 $ 15,353,373 $ 393,416 $ 15,746,789 3 of 39 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. Highlights of the amendments are: 1. We are proposing an increase to the funding for the defined benefit plan to level out the costs in future years. This is based on feedback from the council during the presentations given by our Human Resources Director and our outside consultant. We are currently funding the plan at a cost of 5.31% per employee. The desire is to flatten out the future funding costs to avoid fluctuations. The recommendation of the consultant and the City’s actuaries was to increase the funding to 9% per employee going forth. The cost of the increase is roughly $114,000 for the remainder of this fiscal year. 2. The appropriations for employee group insurance have been decreased to reflect actual costs, resulting in a savings of roughly $65,000. As mentioned in the budget discussions held prior to the approval of the FY 2013 budget, the savings were put toward hiring a part-time Economic Development Manager. 3. There were several personnel moves made recently that are reflected in the amendments: a. The Finance Director is now the Assistant City Manager and all costs associated with this position are reported in the Finance department since the finance duties are still being performed. b. The Human Resources Manager recently accepted a position with another city. This person was replaced by an Administrative Services Manager that performs duties in Human Resources and Finance. c. The Payroll and A/P Clerk was promoted to the Administrative Services Manager and will be replaced with a part-time position. d. The Records Clerk was transferred to the Human Resources department. e. The part-time Special Events Coordinator was transitioned to a full-time position. f. The Community Builder position is no longer funded by the GCDD mini grant program and any future costs will be funded by the City. g. A Firefighter transitioned to an EMS Trainer leaving a vacancy on the fire shifts. 4. We are requesting two additional positions: a. A Firefighter to fill the vacancy mentioned above. b. A Software Engineer to perform the programming needed on Energov, which is used by Community Development. The costs of this position are offset by the rising trend in building permit revenues. 5. Lastly, we are requesting $75,000 to cover the costs associated with the cleanup of the Adam’s property. Expenditures Mayor & Council 143,207 173,224 188,877 - 188,877 City Manager 287,427 290,917 306,572 (18,457) 288,115 City Clerk 203,138 207,949 244,172 (25,787) 218,385 General Administration 29,866 40,157 39,664 - 39,664 Finance 462,168 458,680 487,331 4,147 491,478 Legal 195,979 231,642 230,000 - 230,000 Information Technology 448,021 484,523 611,976 44,219 656,195 Human Resources 218,681 236,799 258,354 30,582 288,936 Risk Management 159,036 181,587 195,015 - 195,015 General Govt Buildings 543,754 523,200 352,402 - 352,402 Public Info & Marketing 80,257 86,813 148,224 24,729 172,953 Municipal Court 207,261 227,666 237,712 507 238,219 Police 2,432,095 2,701,521 3,012,510 34,436 3,046,946 Fire 3,929,420 4,115,746 4,574,364 72,936 4,647,300 EMS Operations 132,250 132,250 132,250 - 132,250 Public Works 1,323,860 1,490,622 1,643,698 85,129 1,728,827 Parks & Recreation 313,815 367,880 581,826 3,321 585,147 Community Development 699,316 802,453 906,467 29,862 936,329 Economic Development - - - 39,637 39,637 Debt Service 716,541 807,310 90,770 - 90,770 Other Financing Uses 5,475,625 5,404,000 6,024,288 988,740 7,013,028 Contingency - - 142,422 3,253 145,675 M&O Initiatives - - Total Expenditures 18,001,719 18,964,938 20,408,894 1,317,254 21,726,148 General Fund Summary 4 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 231,057 192,511 235,211 84,560 150,651 (31,243) 119,408 SALARIES AND WAGES / CAR ALLOWANCE 7,228 7,200 7,200 2,908 4,292 - 4,292 Total: Salaries & Wages 238,284 199,711 242,411 87,468 154,943 (31,243) 123,700 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 13,822 15,062 17,060 - 17,060 (1,100) 15,960 EMPLOYEE BENEFITS / 401A (SS MATCH)7,430 5,828 7,649 1,926 5,723 - 5,723 EMPLOYEE BENEFITS / FICA MEDICARE 3,338 2,771 2,958 1,211 1,747 - 1,747 401A 1% MATCH 2,205 1,454 2,040 753 1,287 - 1,287 PENSION (GMEBS)3,531 9,089 10,831 5,787 5,044 2,886 7,930 UNEMPLOYMENT INSURANCE 100 103 68 89 (21) - (21) WORKER'S COMPENSATION (1,252) 640 640 484 156 - 156 FLEXIBLE SPENDING 2,400 2,400 - - - - - Total: Employee Benefits 31,575 37,347 41,246 10,249 30,997 1,786 32,783 Purchased Professional and Technical Services PROFESSIONAL FEES STAFF RETREAT - 4,225 3,000 - 3,000 - 3,000 STAKEHOLDER SURVEY - - 2,500 - 2,500 - 2,500 OTHER 661 25,250 - - - 5,000 5,000 Total: Professional Fees 661 29,475 5,500 - 5,500 5,000 10,500 Total: Purchased Professional and Technical Services 661 29,475 5,500 - 5,500 5,000 10,500 Other Purchased Services COMMUNICATIONS 1,740 1,592 2,000 484 1,516 - 1,516 COMMUNICATIONS/POSTAGE - 7 - - - - - PRINTING: Business Cards 155 93 70 44 26 - 26 TRAVEL GMA CONFERENCE 1,558 1,176 1,275 - 1,275 - 1,275 ICMA CONFERENCE 3,992 347 5,250 2,857 2,393 - 2,393 LEADERSHIP ICMA 4,452 2,267 - - - - - GCCMA CONFERENCE 609 - 500 - 500 - 500 OTHER 661 48 - 2,250 (2,250) 6,000 3,750 Total: Travel 11,272 3,838 7,025 5,107 1,918 6,000 7,918 DUES AND FEES ICMA 1,121 881 1,200 1,753 (553) - (553) GCCMA 125 52 125 73 52 - 52 CIVIC ORGANIZATION DUES - 275 1,100 550 550 - 550 OTHER 49 - - - - - - Total: Dues and Fees 1,295 1,208 2,425 2,376 49 - 49 EDUCATION & TRAINING GMA CONFERENCE 555 515 550 - 550 - 550 ICMA CONFERENCE - - 2,500 1,987 513 - 513 LEADERSHIP ICMA - - - - - - - GCCMA CONFERENCE - - 425 - 425 - 425 OTHER 305 1,265 300 - 300 - 300 Total: Education & Training 860 1,780 3,775 1,987 1,788 - 1,788 MAINTENANCE CONTRACTS CONTRACT LABOR - 13,635 - - - - - GO-TO MEETING - 588 - - - - - Total: Maintenance Contracts - 14,223 - - - - - Total: Other Purchased Services 15,322 22,742 15,295 9,998 5,297 6,000 11,297 Supplies SUPPLIES / GENERAL SUPPLIES 573 680 1,000 112 888 - 888 SUPPLIES / FOOD/MEALS 1,012 674 1,000 733 267 - 267 Total: Supplies 1,585 1,354 2,000 845 1,155 - 1,155 Machinery & Equipment OTHER EQUIPMENT - 289 120 - 120 - 120 Total: Machinery & Equipment - 289 120 - 120 - 120 Total: City Manager 287,427 290,917 306,572 108,560 198,012 (18,457) 179,555 City Manager FY 2013 5 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj City Manager FY 2013 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 2,886 2. Professional Fees/Other & Travel/Other 11,000 Total Increase 13,886$ DECREASE 1. Salaries & Wages (31,243) 2. Group Insurance (1,100) Total Decrease (32,343)$ (18,457)$ Amendment Reason Increased funding from 5.31% to 9% per employee Increased to fund the "best practices" study performed by ICMA TOTAL CITY MANAGER BUDGET AMENDMENTS Decreased to report Assistant City Manager's salary in the Finance department for consistency Decreased to reflect actual costs 6 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 139,690 123,446 145,030 58,385 86,645 (23,330) 63,315 Total: Salaries & Wages 139,690 123,446 145,030 58,385 86,645 (23,330) 63,315 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 11,745 7,518 23,990 - 23,990 (1,730) 22,260 EMPLOYEE BENEFITS / 401A (SS MATCH)5,238 4,615 5,439 2,203 3,236 - 3,236 EMPLOYEE BENEFITS / FICA MEDICARE 1,986 1,755 2,104 835 1,269 - 1,269 401A 1% MATCH 210 268 1,099 102 997 - 997 PENSION (GMEBS)3,531 6,360 7,702 2,894 4,808 398 5,206 UNEMPLOYMENT INSURANCE 299 97 238 153 85 - 85 WORKER'S COMPENSATION 891 875 300 433 (133) - (133) FLEXIBLE SPENDING 2,400 2,400 - - - - - Total: Employee Benefits 26,300 23,887 40,872 6,621 34,251 (1,332) 32,919 Purchased Professional and Technical Services PROFESSIONAL FEES: Election Costs - 345 - - - - - Total: Purchased Professional and Technical Services - 345 - - - - - Other Purchased Services COMMUNICATIONS 770 711 715 237 478 - 478 POSTAGE 27 - 250 124 126 - 126 ADVERTISING 759 951 900 180 720 - 720 PRINTING: Name plates, business cards, general 31 419 700 - 700 - 700 TRAVEL CVIOG 460 582 720 88 633 - 633 GMA ANNUAL CONFERENCE 839 - 620 - 620 (620) - GRA ANNUAL CONFERENCE 312 - - - - - Total: Travel 1,299 894 1,340 88 1,253 (620) 633 DUES AND FEES GMC/FOA - - 60 - 60 - 60 GEORGIA RECORDS ASSOCIATION - 20 - - - - - MISC 20 - - - - - - Total: Dues and Fees 20 20 60 - 60 - 60 EDUCATION & TRAINING CVIOG - 710 800 300 500 - 500 GMA ANNUAL CONFERENCE 370 - 505 - 505 (505) - GRA ANNUAL CONFERENCE 250 - - - - - Total: Education & Training 370 960 1,305 300 1,005 (505) 500 CONTRACT LABOR 1,029 16,908 - - - - - MAINTENANCE CONTRACTS MUNICODE 10,250 13,741 26,000 7,013 18,987 - 18,987 GRANICUS 21,200 24,580 26,000 14,992 11,008 - 11,008 Total: Maintenance Contracts 31,450 38,322 52,000 22,004 29,996 - 29,996 Total: Other Purchased Services 35,755 59,185 57,270 22,933 34,337 (1,125) 33,212 Supplies SUPPLIES / GENERAL SUPPLIES 1,394 1,086 1,000 80 920 - 920 Total: Supplies 1,394 1,086 1,000 80 920 - 920 Total: City Clerk 203,138 207,949 244,172 88,018 156,154 (25,787) 130,367 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 398 Total Increase 398$ DECREASE 1. Salaries & Wages (23,330) 2. Group Insurance (1,730) Decreased to reflect actual costs FY 2013 City Clerk Amendment Reason Increased funding from 5.31% to 9% per employee Transfer the Records Clerk to Human Resources 7 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj FY 2013 City Clerk 3. GMA Annual Conference-Travel and Education & Training (1,125) Total Decrease (26,185)$ (25,787)$ City Clerk will not attend the GMA Annual Conference this year since she has already completed the required clerk training. TOTAL CITY CLERK BUDGET AMENDMENTS 8 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 293,907 296,819 313,278 136,120 177,158 9,305 186,463 Total: Salaries & Wages 293,907 296,819 313,278 136,120 177,158 9,305 186,463 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 33,072 28,511 40,973 - 40,973 (6,973) 34,000 EMPLOYEE BENEFITS / 401A (SS MATCH)11,022 11,100 11,747 5,135 6,612 353 6,965 EMPLOYEE BENEFITS / FICA MEDICARE 4,022 4,027 4,543 1,859 2,684 157 2,841 401A 1% MATCH 2,248 2,496 3,134 1,091 2,043 96 2,139 PENSION (GMEBS)5,885 10,964 16,635 7,234 9,401 4,927 14,328 UNEMPLOYMENT INSURANCE 153 196 170 234 (64) 100 36 WORKER'S COMPENSATION 970 1,199 928 610 318 - 318 FLEXIBLE SPENDING 4,800 1,800 - - - - - MISCELLANEOUS REIMBURSEMENT - - - - - - - Total: Employee Benefits 62,172 60,293 78,130 16,162 61,968 (1,340) 60,628 Purchased Professional and Technical Services ADMINISTRATIVE FEES BANK FEES 4,138 4,129 2,600 1,623 977 - 977 CREDIT CARD FEES 34,145 33,443 35,000 20,989 14,011 - 14,011 Total: Administrative Fees 38,283 37,572 37,600 22,612 14,988 - 14,988 PROFESSIONAL FEES VALUATION ADVISORY GROUP 3,500 - - - - - - DUNS & BRADSTREET - - 449 - 449 - 449 AUDIT FEES 41,935 40,030 35,880 28,500 7,380 (3,818) 3,562 FINANCIAL ADVISOR - - - - - - - Total: Professional Fees 45,435 40,030 36,329 28,500 7,829 (3,818) 4,011 CONTRACTED: CH2M Contract Costs - - - - - - - Total: Purchased Professional and Technical Services 83,718 77,602 73,929 51,112 22,817 (3,818) 18,999 Other Purchased Services COMMUNICATIONS 723 726 730 303 427 - 427 POSTAGE 9,962 4,990 5,200 1,854 3,346 - 3,346 ADVERTISING: Public Hearings & Bids 2,469 2,331 2,500 1,521 979 - 979 PRINTING CITY CHECKS 419 887 700 570 130 - 130 PROPERTY TAX BILLS 5,008 3,154 2,800 2,434 366 - 366 CAFR - - - - - - - BUSINESS CARDS 31 - 163 75 88 - 88 OTHER - - - - - - - Total: Printing 5,458 4,041 3,663 3,079 584 - 584 TRAVEL CVIOG - - 700 471 229 - 229 GGFOA CONFERENCE - 508 1,000 253 747 - 747 GFOA CONFERENCE 582 - - - - - - GMA CONFERENCE - - 1,275 - 1,275 - 1,275 ICMA SOUTHEAST REGIONAL CONFERENCE - - 285 - 285 - 285 OTHER - 14 250 134 116 - 116 Total: Travel 582 522 3,510 858 2,652 - 2,652 DUES AND FEES GFOA MEMBERSHIP 225 150 300 300 - - - GGFOA MEMBERSHIP 50 50 50 50 - - - CAFR AWARD FEES 435 435 435 - 435 - 435 AGA MEMBERSHIP - - - - - - - GOV DEALS - - 1,200 633 567 - 567 CIVIC ORGANIZATION DUES - - 1,064 421 643 - 643 OTHER 20 - - - - - - Total: Dues & Fees 730 635 3,049 1,404 1,645 - 1,645 EDUCATION & TRAINING CARL VINSON TRAINING 358 129 837 658 179 - 179 GMA CONFERENCE 505 - 550 - 550 - 550 FY 2013 Finance 9 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj FY 2013 Finance GGFOA CONFERENCE - 295 350 295 55 - 55 GFOA CPFO CERTIFICATION - - - - - - - OTHER 75 45 285 285 - - - Total: Education & Training 938 469 2,022 1,238 784 - 784 CONTRACT LABOR - 9,700 - - - - - MAINTENANCE CONTRACTS - 374 - - - - - Total: Other Purchased Services 20,862 23,788 20,674 10,257 10,417 - 10,417 Supplies SUPPLIES / GENERAL SUPPLIES 564 179 1,200 651 549 - 549 Total: Supplies 564 179 1,200 651 549 - 549 Machinery & Equipment FURNITURE & FIXTURES 946 - - - - - - OTHER EQUIPMENT OTHER EQUIP/CELL PHONES - - 120 15 105 - 105 Total: Machinery & Equipment 946 - 120 15 105 - 105 Total: Finance 462,168 458,680 487,331 214,317 273,014 4,147 277,161 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages and Benefits 10,011 2. Pension 4,927 Total Increase 14,938$ DECREASE 1. Group Insurance (6,973) 2. Audit Fees (3,818) Total Decrease (10,791)$ 4,147$ Decreased to reflect actual costs Decreased to reflect actual costs TOTAL FINANCE BUDGET AMENDMENTS Amendment Reason Increased to report the Assistant City Manager's salary in the Finance department for consistency. This was partially offset by the cost of other personnel changes within the department. Increased funding from 5.31% to 9% per employee 10 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 18,590 - - - - 34,700 34,700 Total: Salaries & Wages 18,590 - - - - 34,700 34,700 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 659 - - - - 4,420 4,420 EMPLOYEE BENEFITS / 401A (SS MATCH)697 - - - - 1,300 1,300 EMPLOYEE BENEFITS / FICA MEDICARE 253 - - - - 510 510 PENSION (GMEBS)4,708 - - - - 3,115 3,115 UNEMPLOYMENT INSURANCE - - - - - 34 34 WORKER'S COMPENSATION 799 286 - 135 (135) 140 5 Total: Employee Benefits 7,116 286 - 135 (135) 9,519 9,384 Purchased Professional and Technical Services PROFESSIONAL FEES 1,725 - - - - - - Total: Purchased Professional and Technical Services 1,725 - - - - - - Other Purchased Services COMMUNICATIONS CELL PHONE 1,659 774 1,000 531 470 - 470 FIRE DEPT POTS LINES 11,256 11,179 12,000 5,819 6,181 - 6,181 ATT - CITY HALL POTS LINES/BANDWITH 89,359 101,893 94,200 37,302 56,898 - 56,898 ATT - PUBLIC SAFETY BANDWITH - 4,209 20,000 7,358 12,642 - 12,642 POSTAGE 43 - - - - - - Total: Communications 102,317 118,055 127,200 51,010 76,190 - 76,190 CONTRACT LABOR 6,860 - - - - - - MAINTENANCE CONTRACTS - - - - - OPTIVIEW 12,100 16,575 21,850 12,526 9,324 - 9,324 GODADDY .COM - - 1,225 1,225 0 - 0 EXPERTS-EXCHANGE 155 155 160 52 108 - 108 ENERGOV 26,544 7,695 26,544 8,998 17,546 - 17,546 ARC GIS 7,700 5,133 7,726 7,726 - - - SHORETEL 5,874 1,847 7,192 7,192 (0) - (0) INCODE - 15,293 20,610 23,634 (3,024) - (3,024) MDS MAINTENANCE 6,000 - - - - - - ALEN SIMS 2,220 1,440 1,800 1,440 360 - 360 OFFSITE BACKUP 9,850 8,975 13,000 4,275 8,725 - 8,725 FIREHOUSE 9,285 6,964 13,846 13,846 (0) - (0) NETMOTION 1,506 2,485 7,183 3,613 3,570 - 3,570 GUARDIAN TRACKING 680 340 680 340 340 - 340 OSSI 26,576 29,046 33,000 27,438 5,562 - 5,562 DIGICERT 328 367 367 338 29 - 29 SYMANTEC ANTI-VIRUS - 1,867 933 933 (0) - (0) IT IGA JOHNS CREEK 186,141 224,084 239,000 111,032 127,968 - 127,968 BARRACUDA MESSAGE MAINT.3,652 2,561 3,500 3,122 378 - 378 L-3 COMMUNICATIONS - - 11,250 - 11,250 - 11,250 EMS TRAINING AIDS - 2,813 3,538 3,538 1 - 1 CRYWOLF - - - - - - - OTHER - - - - - - - Total: Maintenance Contracts 298,611 327,639 413,404 231,269 182,135 - 182,135 Total: Other Purchased Services 407,788 445,694 540,604 282,279 258,325 - 258,325 Supplies SUPPLIES / GENERAL SUPPLIES 113 - 500 - 500 - 500 PRINTER MAINTENANCE KITS 651 891 1,500 1,159 341 - 341 PLOTTER INK 324 557 750 95 655 - 655 PLOTTER PAPER 649 534 750 300 450 - 450 Total: General Supplies 1,737 1,983 3,500 1,554 1,946 - 1,946 SUPPLIES / FOOD/MEALS - - - - - - - Total: Supplies 1,737 1,983 3,500 1,554 1,946 - 1,946 Machinery & Equipment COMPUTER / SOFTWARE 50 1,556 4,000 995 3,005 - 3,005 Information Technology FY 2013 11 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Information Technology FY 2013 OSSI JAIL MODULE - - 9,000 - 9,000 - 9,000 CRYWOLF - - - - - - - Total: General Supplies 50 1,556 13,000 995 12,005 - 12,005 COMPUTER / HARDWARE 1,477 27,093 48,605 26,060 22,545 - 22,545 OTHER EQUIPMENT COMPUTER EQUIP&SUPPLIES 7,878 3,071 4,000 963 3,037 - 3,037 DESKTOP PRINTERS 576 1,122 1,200 - 1,200 - 1,200 CITY PHONE SYSTEM 165 2,382 1,000 - 1,000 - 1,000 SCANNERS - 1,335 - - - - - CELL PHONES 918 - 67 67 (0) - (0) Total: Other Equipment 9,538 7,910 6,267 1,030 5,237 - 5,237 Total: Machinery & Equipment 11,065 36,560 67,872 28,085 39,787 - 39,787 Total: Information Technology 448,021 484,523 611,976 312,053 299,923 44,219 344,142 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages and Benefits 44,219 Total Increase 44,219$ 44,219$ TOTAL INFORMATION TECHNOLOGY BUDGET AMENDMENTS Amendment Reason Increased to hire Software Engineer. The main responsibilities of this position will focus on programming the Energov software used by Community Development. Costs associated with this position are offset by the increase in building permit revenues. 12 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 148,108 151,292 155,072 64,729 90,343 17,478 107,821 Total: Salaries & Wages 148,108 151,292 155,072 64,729 90,343 17,478 107,821 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 14,638 12,549 16,801 - 16,801 3,029 19,830 EMPLOYEE BENEFITS / 401A (SS MATCH)5,554 5,658 5,815 2,442 3,373 685 4,058 EMPLOYEE BENEFITS / FICA MEDICARE 2,052 2,102 2,249 904 1,345 301 1,646 401A 1% MATCH - - 1,551 - 1,551 - 1,551 PENSION (GMEBS)2,354 6,722 3,541 2,894 647 9,029 9,676 TUITION REIMBURSEMENT 3,000 3,000 - - - - - UNEMPLOYMENT INSURANCE 61 67 68 94 (26) 60 34 WORKER'S COMPENSATION 459 410 823 245 578 - 578 FLEXIBLE SPENDING - - 120 - 120 - 120 Total: Employee Benefits 28,119 30,509 30,968 6,579 24,389 13,104 37,493 Purchased Professional and Technical Services ADMINISTRATIVE FEES FLEXIBLE SPENDING ADMIN.4,534 3,430 3,200 2,049 1,152 - 1,152 ICMA RC FEES 2,000 2,000 3,000 750 2,250 - 2,250 PAYROLL FEES 15,529 25,800 33,921 11,332 22,589 - 22,589 ADP FOR HRIS 9,215 7,358 - - - - - Total: Administrative Fees 31,278 38,589 40,121 14,130 25,991 - 25,991 PROFESSIONAL FEES RANDOM DRUG SCREEN 842 614 840 25 815 - 815 PRE-EMPLOYMENT DRUG SCREEN 770 100 - - - - - POLICE POST-OFFER PHYSICALS 540 1,170 1,800 160 1,640 - 1,640 FIRE POST-OFFER PHYSICALS 2,790 1,200 2,400 - 2,400 - 2,400 EAP SERVICES - 280 4,046 - 4,046 - 4,046 OTHER 7 3,760 1,000 90 910 - 910 Total: Professional Fees 4,949 7,124 10,086 275 9,811 - 9,811 CONTRACTED - - - - - - - Total: Purchased Professional and Technical Services 36,227 45,712 50,207 14,405 35,802 - 35,802 Other Purchased Services COMMUNICATIONS 715 726 732 278 454 - 454 COMMUNICATIONS/POSTAGE - 13 78 14 64 - 64 ADVERTISING 150 880 1,000 320 680 - 680 TRAVEL IPMA CONFERENCES 363 - 765 - 765 - 765 SHRM CONFERENCES - 765 - 765 - 765 GLGPA CONFERENCE - 390 - 390 - 390 Total: Travel 363 - 1,920 - 1,920 - 1,920 DUES AND FEES SHRM - 150 390 390 - - - IPMA - 121 360 148 212 - 212 GLGPA - 75 125 125 - - - WORLD AT WORK - 245 350 - 350 - 350 GEORGIA RECORDS ASSOCIATION - - 20 - 20 - 20 OTHER 1,169 25 - - - - - Total: Dues & Fees 1,169 616 1,245 663 582 - 582 EDUCATION & TRAINING - GLGPA CONFERENCE 653 - 700 - 700 - 700 EMPLOYEE TRAINING 2,620 4,777 2,500 430 2,070 - 2,070 IPMA CONFERENCE - 700 - 700 - 700 SHRM CONFERENCES - 1,600 - 1,600 - 1,600 EMPLOYEE WELLNESS - - 7,380 323 7,057 - 7,057 Total: Education & Training 3,273 4,777 12,880 753 12,127 - 12,127 Total: Other Purchased Services 5,669 7,012 17,855 2,028 15,827 - 15,827 Supplies SUPPLIES / GENERAL SUPPLIES 78 410 1,000 32 968 - 968 Human Resources FY 2013 13 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Human Resources FY 2013 5 YEAR PINS - 942 1,837 1,837 0 - 0 Total: General Supplies 78 1,352 2,837 1,869 968 - 968 SUPPLIES / FOOD/MEALS 480 709 1,000 466 534 - 534 Total: Supplies 559 2,061 3,837 2,335 1,502 - 1,502 Machinery & Equipment FURNITURE & FIXTURES - 161 315 35 280 - 280 OTHER EQUIP/CELL PHONE REPLACEMENT - 52 100 72 28 - 28 Total: Machinery & Equipment - 213 415 108 307 - 307 Total: Human Resources 218,681 236,799 258,354 90,184 168,170 30,582 198,752 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages and Benefits 21,553 2. Pension 9,029 Total Increase 30,582$ 30,582$ TOTAL HUMAN RESOURCES BUDGET AMENDMENTS Amendment Reason Records Clerk was transferred from City Clerk's department Increased funding from 5.31% to 9% per employee 14 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 61,114 62,476 96,720 35,422 61,298 16,480 77,778 Total: Salaries & Wages 61,114 62,476 96,720 35,422 61,298 16,480 77,778 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 7,011 6,292 8,251 - 8,251 3,119 11,370 EMPLOYEE BENEFITS / 401A (SS MATCH) 2,292 2,336 3,627 1,335 2,292 623 2,915 EMPLOYEE BENEFITS / FICA MEDICARE 851 862 1,402 493 909 248 1,157 401A 1% MATCH 562 519 667 269 398 - 398 PENSION (GMEBS) 1,177 2,773 3,541 1,447 2,094 4,209 6,303 UNEMPLOYMENT INSURANCE 31 34 68 73 (5) 50 45 WORKER'S COMPENSATION 500 266 823 124 699 - 699 Total: Employee Benefits 12,423 13,083 18,379 3,741 14,638 8,249 22,887 Purchased Professional and Technical Services PROFESSIONAL FEES PHOTOGRAPHY 375 433 1,995 500 1,495 - 1,495 WEBSITE DESIGN 345 460 700 230 470 - 470 MOBILE SITE - 1,120 - - - - - Total: Professional Fees 720 2,013 2,695 730 1,965 - 1,965 Total: Purchased Professional and Technical Services 720 2,013 2,695 730 1,965 - 1,965 Other Purchased Services COMMUNICATIONS 594 592 1,000 178 822 - 822 POSTAGE 28 - 5 5 0 - 0 ADVERTISING 1,386 1,250 8,000 313 7,687 - 7,687 PRINTING - 3,937 12,340 5,583 6,757 - 6,757 TRAVEL 105 - - - - - - DUES & FEES PUBLIC RELATIONS SOCIETY OF AMERICA - 225 - - - - - CITY/COUNTY OF GA MARKETING ASSOC - 375 800 375 425 - 425 TECHNOLOGY ASSOC OF GEORGIA - 245 - - - - - NORTH FULTON BUSINESS EXPO - - 1,500 700 800 - 800 Total: Dues & Fees - 845 2,300 1,075 1,225 - 1,225 EDUCATION & TRAINING 1,520 249 2,000 - 2,000 - 2,000 MAINTENANCE CONTRACTS CONSTANT CONTACT 500 700 600 240 360 - 360 WEBSITE MAINTENANCE 1,750 875 1,750 586 1,164 - 1,164 FLICKR - - 25 - 25 - 25 Total: Maintenance Contracts 2,250 1,575 2,375 826 1,549 - 1,549 Total: Other Purchased Services 5,883 8,448 28,020 7,979 20,041 - 20,041 Supplies SUPPLIES / GENERAL SUPPLIES 68 329 250 58 192 - 192 PROMOTIONAL / PROMOTIONAL ITEMS - - 1,000 397 603 - 603 Total: Supplies 68 329 1,250 455 795 - 795 Machinery & Equipment FURNITURE & FIXTURES - - 660 660 0 - 0 OTHER EQUIPMENT CAMERAS - 443 500 - 500 - 500 CELL PHONE 50 22 - - - - - Total: Other Equipment 50 464 500 - 500 - 500 Total: Machinery & Equipment 50 464 1,160 660 500 - 500 Total: Public Information & Marketing 80,257 86,813 148,224 48,986 99,238 24,729 123,967 BUDGET AMENDMENT NOTES Account Name INCREASE FY 2013 Public Information & Marketing Amendment Reason 15 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj FY 2013 Public Information & Marketing 1. Salaries & Wages 20,520 2. Pension 4,209 Total Increase 24,729$ 24,729$ TOTAL PUBLIC INFORMATION & MARKETING BUDGET AMENDMENTS Transitioned Special Events Coordinator from part-time to full-time and includes funding for Community Builder that is no longer covered by grant monies from GA Council on Developmental Disabilities. Increased funding from 5.31% to 9% per employee 16 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 155,603 163,809 173,371 66,939 106,432 - 106,432 OVERTIME - 6,220 5,600 - 5,600 - 5,600 STIPEND 4,246 4,431 4,800 1,846 2,954 - 2,954 Total: Salaries & Wages 159,850 174,459 183,771 68,785 114,986 - 114,986 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 14,241 17,888 16,113 - 16,113 (1,113) 15,000 EMPLOYEE BENEFITS / 401A (SS MATCH)5,842 6,174 6,712 2,528 4,184 - 4,184 EMPLOYEE BENEFITS / FICA MEDICARE 2,251 2,320 2,594 918 1,676 - 1,676 401A 1% MATCH 847 823 1,053 358 695 - 695 PENSION (GMEBS)2,354 4,343 5,590 2,894 2,696 1,620 4,316 UNEMPLOYMENT INSURANCE 228 172 221 167 54 - 54 WORKER'S COMPENSATION 3,576 3,773 531 3,644 (3,113) - (3,113) FLEXIBLE SPENDING - - - - - - - Total: Employee Benefits 29,339 35,492 32,814 10,508 22,306 507 22,813 Purchased Professional and Technical Services PROFESSIONAL FEES TRANSLATORS 5,808 5,773 6,500 1,888 4,612 - 4,612 COURT APPOINTED ATTORNEY 3,893 4,549 6,700 2,891 3,809 - 3,809 SUBSTITUTE JUDGES - 300 1,000 300 700 - 700 SUBSTITUTE SOLICITORS - 600 1,000 - 1,000 - 1,000 OTHER - - - - - - - Total: Professional Fees 9,702 11,222 15,200 5,079 10,121 - 10,121 Total: Purchased Professional and Technical Services 9,702 11,222 15,200 5,079 10,121 - 10,121 Other Purchased Services COMMUNICATIONS 783 807 1,422 296 1,126 - 1,126 POSTAGE - - - 217 (217) - (217) PRINTING 1,842 448 500 - 500 - 500 TRAVEL 1,934 GCCA Conference (2)- 1,885 1,334 732 602 - 602 Municipal Court Clerk Annual Training - 178 171 171 (0) - (0) GCIC TAC Conference 638 - - - - - Total: Travel 1,934 2,701 1,505 903 602 - 602 DUES AND FEES 210 - - 460 (460) - (460) GCCA - - 75 - 75 - 75 Municipal Court Clerk - - 35 35 - - - Total: Dues and Fees 210 - 110 495 (385) - (385) EDUCATION & TRAINING GCCA CONFERENCE 400 400 400 200 200 - 200 COURT CLERK ASSOC 150 150 150 150 - - - JUDGES TRAINING 225 450 450 225 225 - 225 MSU CERTIFICATE 432 146 200 - 200 - 200 GCIC TAC Conference - 105 - - - - - Total: Education & Training 1,207 1,251 1,200 575 625 - 625 MAINTENANCE CONTRACTS MAINT CONTRACTS/ONLINE PYMT SYSTEM 239 239 240 80 160 - 160 MAINT CONTRACTS/PANIC BUTTON 264 396 400 136 264 - 264 GSCCCA - - - - - - - Total: Maintenance Contracts 503 635 640 216 424 - 424 Total: Other Purchased Services 6,480 5,842 5,377 2,702 2,675 - 2,675 Supplies SUPPLIES / GENERAL SUPPLIES 445 416 300 229 71 - 71 SUPPLIES / BOOKS AND PERIODICALS 199 235 150 - 150 - 150 SUPPLIES / UNIFORMS - - - - - - - Total: Supplies 643 651 450 229 221 - 221 Machinery & Equipment FURNITURE & FIXTURES 632 - 100 - 100 - 100 OTHER EQUIPMENT 617 - - - - - - Municipal Court FY 2013 17 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Municipal Court FY 2013 Total: Machinery & Equipment 1,248 - 100 - 100 - 100 Total: Municipal Court 207,261 227,666 237,712 87,304 150,408 507 150,915 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 1,620 Total Increase 1,620$ DECREASE 1. Group Insurance (1,113) Total Decrease (1,113)$ 507$ Decreased to reflect actual costs TOTAL MUNICIPAL COURT BUDGET AMENDMENTS Amendment Reason Increased funding from 5.31% to 9% per employee 18 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 1,413,165 1,506,184 1,695,578 628,966 1,066,612 - 1,066,612 SALARIES AND WAGES / OVERTIME 46,718 60,806 52,000 22,436 29,564 - 29,564 SALARIES AND WAGES / RESTRICTED ON-CALL PAY - 8,900 3,328 5,572 - 5,572 SALARIES AND WAGES / HOLIDAY PAY 65,901 76,596 94,000 65,383 28,617 - 28,617 Total: Salaries & Wages 1,525,784 1,643,587 1,850,478 720,113 1,130,365 - 1,130,365 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 194,806 212,873 279,647 - 279,647 (19,647) 260,000 EMPLOYEE BENEFITS / 401A (SS MATCH) 57,396 61,812 63,585 27,209 36,376 - 36,376 EMPLOYEE BENEFITS / FICA MEDICARE 21,140 22,920 24,587 9,911 14,676 - 14,676 401A 1% MATCH 10,465 9,508 16,749 3,922 12,827 - 12,827 PENSION (GMEBS) 37,665 72,478 88,933 34,723 54,210 24,337 78,547 TUITION REIMBURSEMENT 1,798 1,174 3,000 2,847 153 - 153 UNEMPLOYMENT INSURANCE 1,019 1,246 1,224 1,598 (374) - (374) WORKER'S COMPENSATION 93,497 59,558 67,435 45,279 22,156 - 22,156 FLEXIBLE SPENDING 10,800 5,800 - - - - - Total: Employee Benefits 428,587 447,369 545,160 125,490 419,670 4,690 424,360 Purchased Professional and Technical Services PROFESSIONAL FEES 1,945 188 1,500 449 1,051 - 1,051 LASER & RADAR RECERTIFICATION 1,105 858 1,100 300 800 - 800 K-9 4,262 1,315 2,250 306 1,944 - 1,944 NEW EMPLOYEES - - 750 - 750 - 750 GRAPHICS FOR PATROL CARS 1,200 1,390 1,400 220 1,180 - 1,180 INMATE MEDICAL SERVICES 3,938 31,336 34,000 8,417 25,583 - 25,583 TAG & TITLE APPLICATIONS 612 395 600 311 289 - 289 RECRUITMENT TESTING-POLYGRAPH 1,100 1,750 1,500 700 800 - 800 RECRUITMENT TESTING - PYSCH 2,400 4,000 3,600 800 2,800 - 2,800 WRITTEN ENTRY LEVEL TEST 505 1,320 1,000 450 550 - 550 PROMOTION EXAMINATIONS 495 537 1,000 554 446 - 446 EMPLOYMENT BACKGROUND CHECKS 727 1,282 1,500 105 1,395 - 1,395 IACP NET YEARLY FEES 800 600 1,000 1,000 - - - HEALTH & WELLNESS PROGRAM 6,750 8,160 9,000 7,780 1,220 - 1,220 Total: Professional Fees 25,839 53,130 60,200 21,391 38,809 - 38,809 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB - - 2,200 2,128 72 - 72 OTHER INVESTIGATIVE FEES 443 1,619 1,500 443 1,057 - 1,057 Total: Professional Fees/Investigations 443 1,619 3,700 2,571 1,129 - 1,129 FACILITIES REPAIR & MAINT - - - 1,483 (1,483) 1,428 (55) EQUIPMENT REPAIR & MAINT 381 202 700 28 672 - 672 EQUIPMENT R&M/MOTOROLA RADIOS 845 1,253 1,000 - 1,000 - 1,000 Total: Equipment Repair & Maintenance 1,227 1,455 1,700 28 1,672 - 1,672 VEHICLE REPAIR & MAINT 64,048 95,863 90,000 29,548 60,452 5,722 66,174 RENTAL LAND & BUILDINGS: Range fees 400 4,740 6,680 1,800 4,880 - 4,880 Total: Purchased Professional and Technical Services 91,957 156,807 162,280 56,821 105,459 7,150 112,609 Other Purchased Services COMMUNICATIONS 21,562 27,638 30,180 11,244 18,936 - 18,936 POSTAGE 307 63 700 553 147 - 147 PRINTING CITATIONS, FORMS & DOCUMENTS 1,701 2,401 2,500 455 2,045 - 2,045 BUSINESS CARDS 1,073 1,000 1,400 798 602 - 602 Total: Printing 2,774 3,401 3,900 1,253 2,647 - 2,647 TRAVEL 5,177 810 2,335 9 2,326 - 2,326 CRUISE CARDS 405 375 300 250 50 - 50 IACP CONFERENCE - 2,295 2,300 853 1,448 - 1,448 CALEA CONFERENCE - 864 2,900 1,229 1,671 - 1,671 UPD - 1,033 1,500 184 1,316 - 1,316 K-9 - - - - - - - SWAT - 55 1,200 - 1,200 - 1,200 Police FY 2013 19 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Police FY 2013 RECORDS CLERK CONFERENCE - 392 700 - 700 - 700 GACP CONFERENCE - 805 886 - 886 - 886 GPSTC - 1,039 700 - 700 - 700 CID TRAVEL - 1,000 - 1,000 - 1,000 Total: Travel 5,582 7,668 13,821 2,524 11,297 - 11,297 DUES AND FEES 3,124 508 600 191 409 - 409 GEORGIA POLICE ACCREDITATION COALITION 50 56 94 94 0 - 0 GEORGIA ASSN OF CHIEFS OF POLICE 725 545 700 425 275 - 275 INTERNATIONAL ASSN OF CHIEFS OF POLICE 360 210 480 415 65 - 65 POST FEES 60 120 250 95 155 - 155 ACCREDITATION FEES - - 3,065 - 3,065 - 3,065 IALEFI - 41 55 55 - - - CID CONFIDENTIAL FUNDS - - 500 - 500 - 500 Total: Dues and Fees 4,319 1,480 5,744 1,275 4,469 - 4,469 EDUCATION & TRAINING - 938 1,275 1,275 0 - 0 PROFESSIONAL DEVELOPMENT UPD 913 765 1,000 - 1,000 - 1,000 GACP CONFERENCE 350 365 365 - 365 - 365 RECORDS CLERK CONFERENCE - 500 550 225 325 - 325 ADMINISTRATIVE ASSISTANT CON. - - 225 - 225 - 225 CRIMINAL INVESTIGATIONS - 545 2,000 1,516 484 - 484 CANINE TRAINING 200 175 - - - - - NCGLEA 5,960 600 6,400 3,200 3,200 - 3,200 IACP CONFERENCE 495 275 350 - 350 - 350 SWAT - - 1,000 144 856 - 856 PROFESSIONAL MANAGEMENT PROGRAM - 2,063 3,500 1,940 1,560 - 1,560 CALEA CONFERENCE - 675 1,350 650 700 - 700 R.A.D - - 1,160 2,160 (1,000) 1,000 - Total: Education & Training 7,918 6,901 19,175 11,110 8,065 1,000 9,065 MAINTENANCE CONTRACTS INMATE SERVICES - - 5,000 - 5,000 - 5,000 PROPERTY & EVIDENCE IGA 54,417 63,479 65,200 21,465 43,735 - 43,735 800 MHZ FEES TO FULTON CTY 7,993 10,819 11,200 15,144 (3,944) 3,944 0 INNOVATIVE DATA SOLUTIONS 6,528 1,668 4,052 4,052 0 - 0 ANIMAL CONTROL - FULTON CO 19,976 16,134 23,907 5,977 17,930 - 17,930 CHOICEPOINT/CLEAR 2,354 3,275 4,015 1,556 2,459 - 2,459 CRIME REPORTS 4,663 3,576 4,700 3,576 1,124 - 1,124 CELLEBRITE SYS - 2,999 2,999 2,999 0 - 0 AFIS CIRCUIT - - - - - 7,900 7,900 Total: Maintenance Contracts 95,931 101,950 121,073 54,769 66,304 11,844 78,148 Total: Other Purchased Services 138,393 149,101 194,593 82,728 111,865 12,844 124,709 Supplies SUPPLIES / GENERAL SUPPLIES 6,990 13,671 12,000 3,177 8,823 - 8,823 AMMUNITION 4,920 6,162 11,620 2,348 9,272 - 9,272 K-9 125 779 458 458 (0) - (0) NEW EMPLOYEES 1,518 2,283 4,838 4,373 465 - 465 RANGE SUPPLIES 288 1,986 1,000 740 260 - 260 FIRST AID KITS 505 - 400 - 400 - 400 ALCO SENSOR MOUTH PIECES - - 200 - 200 - 200 ID CARDS AND SETUP FEE 372 137 400 198 202 - 202 GOLF TOURNAMENT SUPPLIES - - - - - 6,435 6,435 Total: General Supplies 14,718 25,017 30,916 11,293 19,623 6,435 26,058 SUPPLIES / GASOLINE/DIESEL 129,644 142,009 142,000 58,000 84,000 - 84,000 SUPPLIES / FOOD/MEALS 34 35 200 99 101 - 101 BOOK & PERIODICALS/EDUCATION & REFERENCE 269 54 200 60 140 - 140 SUPPLIES / UNIFORMS 20,380 32,927 32,428 9,496 22,932 - 22,932 AWARDS AND RECOGNITION 670 1,396 1,022 22 1,000 - 1,000 BODY ARMOR 1,780 - 1,780 - 1,780 Total: Supplies/Uniforms 21,050 34,323 35,230 9,518 25,712 - 25,712 20 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Police FY 2013 Total: Supplies 165,715 201,437 208,546 78,970 129,576 6,435 136,011 Machinery & Equipment FURNITURE & FIXTURES 646 494 1,000 - 1,000 - 1,000 OTHER EQUIPMENT 5,747 5,584 5,800 3,532 2,268 - 2,268 CRIME PREVENTION MATERIALS 3,164 7,434 5,000 3,528 1,472 3,317 4,789 ICOP STORAGE 1,053 80 1,000 - 1,000 - 1,000 TRAINING AIDS - - 231 231 0 - 0 FIRE EXTINGUISHERS 13 277 1,968 1,718 250 - 250 TICKET PRINTERS - - 4,520 2,400 2,120 - 2,120 SWAT - - 1,835 1,335 500 - 500 CELL PHONES 197 523 500 152 348 - 348 WEAPONRY 4,640 3,735 4,300 1,500 2,800 - 2,800 CAMERAS 51,331 68,639 6,500 - 6,500 - 6,500 MOTOROLA RADIOS 3,874 14,375 9,000 - 9,000 - 9,000 HARDWARE - - - - - - - OTHER - - 6,649 - 6,649 - 6,649 Total: Other Equipment 70,019 100,647 47,303 14,396 32,907 3,317 36,224 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE KITS-UPD - 1,098 1,500 183 1,317 - 1,317 CRIME SCENE EQUIP -CID 1,406 980 1,000 - 1,000 - 1,000 CELLEBRITE SYS 8,085 - - - - - - SURVEILLANCE EQUIP 995 - - - - - - LANGUAGE LINE - - 150 - 150 - 150 TRAFFIC ACC. INVEST. 508 - 500 - 500 - 500 Total: Other Equipment/Investigations 10,994 2,078 3,150 183 2,967 - 2,967 Total: Machinery & Equipment 81,660 103,219 51,453 14,579 36,874 3,317 40,191 Total: Police 2,432,095 2,701,521 3,012,510 1,078,701 1,933,809 34,436 1,968,245 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 24,337 2. Facilities Repair and Maintenance 1,428 3. Vehicles Repair and Maintenance 5,722 4. Education & Training/R.A.D.1,000 5. Maintenance Contracts/800 MHZ Fees to Fulton County 3,944 6. Maintenance Contracts/AFIS Circuit 7,900 7 Golf Tournament Supplies 6,435 8. Crime Prevention Materials 3,317 Total Increase 54,083$ DECREASE 1. Group Insurance (19,647) Total Decrease (19,647)$ 34,436$ Amendment Reason Increased funding from 5.31% to 9% per employee Decreased to reflect actual costs TOTAL POLICE BUDGET AMENDMENTS Increased due to unanticipated cost of rekeying doors throughout the station due to security reasons Offset with insurance proceeds received for damaged vehicles Offset with donations received Fees are higher than anticipated Increased to cover unanticipated costs associated with new fingerprinting system Offset with donations received Offset with donation received from Public Safety Fund 21 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 2,486,931 2,614,131 2,754,783 1,093,641 1,661,142 43,217 1,704,359 SALARIES AND WAGES / OVERTIME 56,422 42,482 48,000 28,479 19,521 - 19,521 SALARIES AND WAGES / HOLIDAY PAY 107,129 91,996 114,000 77,423 36,577 - 36,577 Total: Salaries & Wages 2,650,482 2,748,609 2,916,783 1,199,543 1,717,240 43,217 1,760,457 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 370,289 362,238 442,868 - 442,868 (29,868) 413,000 EMPLOYEE BENEFITS / 401A (SS MATCH)99,388 102,676 103,308 45,254 58,054 1,692 59,746 EMPLOYEE BENEFITS / FICA MEDICARE 36,809 37,731 39,942 16,404 23,538 658 24,196 401A 1% MATCH 24,401 22,820 28,793 10,454 18,339 - 18,339 PENSION (GMEBS)70,490 118,857 146,279 59,678 86,601 51,721 138,322 TUITION REIMBURSEMENT 5,100 4,750 10,000 1,308 8,692 - 8,692 UNEMPLOYMENT INSURANCE 2,245 1,927 1,870 2,597 (727) 1,000 273 WORKER'S COMPENSATION 119,875 69,463 72,760 50,241 22,519 - 22,519 FLEXIBLE SPENDING 27,621 24,000 - - - - - Total: Employee Benefits 756,219 744,462 845,820 185,935 659,885 25,203 685,088 Purchased Professional and Technical Services PROFESSIONAL FEES 110 - - - - - - HEALTH & WELLNESS PROGRAM 15,723 14,576 16,000 14,480 1,520 - 1,520 TLAER TRAINING INSTRUCTOR 170 - - - - - - MEDICAL DIRECTION 27,530 20,000 20,000 5,000 15,000 - 15,000 BIO HAZARD WASTE DISPOSAL - - 1,300 - 1,300 - 1,300 FIRE ACCREDITATION - 525 - - - - - Total: Professional Fees 43,533 35,101 37,300 19,480 17,820 - 17,820 GARBAGE PICKUP 4,699 4,663 5,200 2,730 2,470 - 2,470 EQUIPMENT REPAIR & MAINT - - STATION EQUIPMENT R & M 11,406 10,328 15,235 4,871 10,364 - 10,364 BREATHING APPARATUS TESTING/REPAIR 6,417 6,628 4,850 1,317 3,533 - 3,533 INSPECT/REPAIR HYD. RESCUE TOOLS 2,707 3,253 6,000 152 5,848 - 5,848 APPARATUS R&M INCLUDING PUMP TEST 39,344 47,384 55,000 15,743 39,257 - 39,257 APPARATUS EMERGENCY REPAIRS 13,865 44,059 46,000 8,886 37,114 - 37,114 GAS DETECTOR REPAIR 648 711 4,651 - 4,651 - 4,651 NOZZLES, VALVES, APPLIANCES, HOSE 439 3,248 8,000 736 7,264 - 7,264 ANNUAL HYDRANT MAINTENANCE 827 433 3,284 1,700 1,584 - 1,584 LADDER TESTING 1,498 1,298 1,500 - 1,500 - 1,500 THERMAL IMAGING CAMERA MAINTENANCE - - 2,900 - 2,900 - 2,900 Total: Equipment Repair & Maintenance 77,151 117,341 147,420 33,405 114,015 - 114,015 FACILITY REPAIR & MAINT - - - - - - - VEHICLE REPAIR & MAINT 3,150 2,101 8,780 5,817 2,963 - 2,963 GROUNDS REPAIR & MAINT - 1,144 6,000 1,173 4,827 - 4,827 Total: Purchased Professional and Technical Services 128,533 160,350 204,700 62,605 142,095 - 142,095 Purchased-Property Services RENTAL LAND & BUILDINGS - - 2,000 1,875 125 125 STATION 43 LEASE 96,694 230,277 222,457 179,473 42,984 - 42,984 Total: Rental Land & Buildings 96,694 230,277 224,457 181,348 43,109 - 43,109 RENTAL EQUIP & VEHICLES - 230 500 - 500 - 500 Total: Purchased-Property Services 96,694 230,507 224,957 181,348 43,609 - 43,609 Other Purchased Services COMMUNICATIONS 12,575 13,357 15,000 5,849 9,151 - 9,151 POSTAGE 93 - 150 59 91 - 91 PRINTING 46 66 50 - 50 - 50 TRAVEL 2,340 3,094 7,910 2,498 5,412 - 5,412 DUES AND FEES - 36 200 80 120 - 120 PROFESSIONAL LICENSE RENEWALS 3,631 2,437 4,788 4,242 546 - 546 SUBSCRIPTIONS 250 64 300 100 200 - 200 Total: Dues & Fees 3,881 2,537 5,288 4,422 866 - 866 EDUCATION & TRAINING 128 940 4,300 81 4,219 - 4,219 PROFESSIONAL DEVELOPMENT 3,789 2,300 7,650 300 7,350 - 7,350 Fire FY 2013 22 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Fire FY 2013 CONTRACT-ANNUAL EMT/PM TRAIN.- 400 3,000 - 3,000 - 3,000 MGMT PROFESSIONAL DEV 1,300 3,280 6,775 3,100 3,675 - 3,675 Total: Education & Training 5,217 6,920 21,725 3,481 18,244 - 18,244 MAINTENANCE CONTRACTS - - 800 MHZ FEES TO FULTON COUNTY 3,786 5,016 7,200 7,119 81 - 81 PEST CONTROL - FIRE STATIONS 1,568 1,568 2,800 713 2,088 - 2,088 FIRE EXTINGUISHER INSPECT.489 1,133 3,000 2,056 944 - 944 CODE RED MAINTENANCE 2,000 12,000 6,000 6,000 - 6,000 LIFEPAK MAINTENANCE - 3,850 3,837 13 - 13 Total: Maintenance Contracts 5,843 9,717 28,850 19,724 9,126 - 9,126 Total: Other Purchased Services 29,995 35,690 78,973 36,032 42,941 - 42,941 Supplies GENERAL SUPPLIES/SUPPRESSION 10,328 12,677 18,400 5,113 13,287 1,358 14,645 OXYGEN REFILLS 938 1,259 1,100 431 669 - 669 MEDICAL SUPPLIES 11,148 18,764 21,550 7,578 13,972 - 13,972 Total: General Supplies/Suppression 22,414 32,700 41,050 13,121 27,929 1,358 29,287 GENERAL SUPPLIES/PREVENTION - (283) 500 - 500 - 500 PREVENT. & EDU MAT.1,637 1,200 1,500 767 733 - 733 HEART READY CITY PGR 1,313 190 1,000 344 656 3,158 3,814 HYDRANT MARKER SYSTEM 9,565 - - - - - - Total: General Supplies/Prevention 12,514 1,107 3,000 1,112 1,888 3,158 5,046 SUPPLIES / WATER / SEWAGE 1,902 2,013 2,400 762 1,638 - 1,638 SUPPLIES / NATURAL GAS 11,816 11,210 14,000 5,618 8,382 - 8,382 SUPPLIES / ELECTRICITY 23,960 23,890 25,000 8,617 16,383 - 16,383 SUPPLIES / GASOLINE/DIESEL 62,087 56,995 65,000 29,126 35,874 - 35,874 SUPPLIES / FOOD/MEALS 361 263 500 390 110 - 110 BOOKS & PERIODICALS/TRAINING MATERIALS 162 295 1,500 118 1,382 - 1,382 SUPPLIES / TELECOMMUNICATIONS 3,774 2,934 4,000 1,489 2,511 - 2,511 SUPPLIES / UNIFORMS UNIFORMS/FIRE STANDARD UNIFORMS 19,906 14,120 46,470 8,004 38,466 - 38,466 UNIFORMS/TURN OUT GEAR 25,713 35,310 54,775 2,236 52,539 - 52,539 UNIFORMS/CLASS A UNIFORMS 3,425 - 9,000 - 9,000 - 9,000 Total: Uniforms 49,043 49,430 110,245 10,240 100,005 - 100,005 Total: Supplies 188,033 180,835 266,695 70,593 196,102 4,516 200,618 Machinery & Equipment MACHINERY & EQUIPMENT / MACHINERY - 240 500 - 500 - 500 FURNITURE & FIXTURES / PREVENTION 590 911 5,200 - 5,200 - 5,200 COMPUTER / SOFTWARE 4,000 - - - - - - OTHER EQUIPMENT - 3,073 12,860 12,830 30 - 30 SMALL EQUIPMENT 68,792 7,960 7,100 384 6,716 - 6,716 EMS TRAINING AIDS 860 - - - - - - RADIO CHARGERS & SPARE BATTERIES 3,662 2,950 2,726 185 2,541 - 2,541 CELL PHONES 1,559 160 500 15 485 - 485 MOTOROLA RADIOS - - 7,550 3,747 3,803 - 3,803 Total: Other Equipment 74,874 14,143 30,736 17,160 13,576 - 13,576 Total: Machinery & Equipment 79,464 15,295 36,436 17,160 19,276 - 19,276 Total: Fire 3,929,420 4,115,746 4,574,364 1,753,216 2,821,148 72,936 2,894,084 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Salaries & Wages and Benefits 46,567 2. Pension 51,721 Increased funding from 5.31% to 9% per employee Amendment Reason Increased for: - Filling vacancy on shift that resulted from reclassifying firefighter to EMS Trainer - To accurately report the last quarter of salaries and benefits for SAFER grant employees (reached the end of grant funding) 23 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Fire FY 2013 3. General Supplies/Suppression 1,358 4. General Supplies/Prevention 3,158 Total Increase 102,804$ DECREASE 1. Group Insurance (29,868) Total Decrease (29,868)$ 72,936$ Decreased to reflect actual costs TOTAL FIRE BUDGET AMENDMENTS Offset with donations received for Fire Awards Ceremony Purchase AEDs for new police vehicles 24 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 348,300 443,441 469,899 185,804 284,095 - 284,095 Total: Salaries & Wages 348,300 443,441 469,899 185,804 284,095 - 284,095 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 31,133 40,274 50,041 - 50,041 (3,441) 46,600 EMPLOYEE BENEFITS / 401A (SS MATCH) 13,061 16,587 17,621 7,010 10,611 - 10,611 EMPLOYEE BENEFITS / FICA MEDICARE 4,911 6,160 6,814 2,591 4,223 - 4,223 401A 1% MATCH 2,219 2,238 4,411 1,028 3,383 - 3,383 PENSION (GMEBS) 4,708 19,656 23,424 8,681 14,743 6,786 21,529 UNEMPLOYMENT INSURANCE 200 240 272 256 16 - 16 WORKER'S COMPENSATION 19,079 38,033 20,448 12,012 8,436 - 8,436 FLEXIBLE SPENDING 3,600 2,400 - - - - - Total: Employee Benefits 78,911 125,588 123,031 31,578 91,453 3,345 94,798 Purchased Professional and Technical Services PROFESSIONAL FEES - - - - - 75,000 75,000 BULKY TRASH DAY 1,280 675 3,600 675 2,925 - 2,925 ENGINEERING & SURVEYING SERVICES 10,836 6,706 7,500 1,400 6,100 - 6,100 Total: Professional Fees 12,116 7,381 11,100 2,075 9,025 75,000 84,025 CONTRACTED - LOWE ENGINEERING 46,125 - - - - - - OVERHEAD TRIMMING & GRAVEL RD - - 20,000 2,494 17,506 - 17,506 Total: Professional Fees/Contracted 46,125 - 20,000 2,494 17,506 - 17,506 EQUIPMENT REPAIR & MAINT - - - - - - - VEHICLE REPAIR & MAINT 1,116 4,146 3,650 1,555 2,095 - 2,095 GROUNDS REPAIR & MAINT - - - - - - - ROAD REPAIRS & MAINT - - - - - - - Total: Purchased Professional and Technical Services 59,357 11,526 34,750 6,124 28,626 75,000 103,626 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES - - 1,800 760 1,040 - 1,040 Total: Purchased-Property Services - - 1,800 760 1,040 - 1,040 Other Purchased Services COMMUNICATIONS 2,763 2,854 3,798 975 2,823 - 2,823 POSTAGE - 13 26 26 0 - 0 ADVERTISING 207 189 224 - 224 - 224 OTHER PURCHASED SERVICES: Guardrail Repair 12,509 3,610 7,500 6,784 716 6,784 7,500 PRINTING 31 - 100 93 7 - 7 TRAVEL 726 394 2,540 31 2,509 - 2,509 DUES AND FEES - 192 - (1) 1 - 1 PE LICENSE 50 - 150 100 50 - 50 APWA 141 145 1,581 164 1,417 - 1,417 IMSA 140 160 160 - 160 - 160 ASHE - 21 50 29 21 - 21 ITE - - 225 160 65 - 65 Total: Dues & Fees 331 518 2,166 452 1,714 - 1,714 EDUCATION & TRAINING - 811 FULL DEPTH RECLAMATION SEMINAR 250 - - - - - - APWA 535 770 790 375 415 - 415 LEVEL II SIGNING & MARKING - - 600 - 600 - 600 NHIA - - 350 - 350 - 350 CONTINUING EDUCATION 605 - 1,000 - 1,000 - 1,000 ASHE TECHNICAL SEMINAR - 45 50 - 50 - 50 ITE TECHNICAL SEMINAR - - 225 - 225 - 225 GA TRANSPORTATION SUMMIT - - 100 65 35 - 35 STORMWATER CERTIFICATION TRAINING - - - - - - - APWA IN-HOUSE TRAINING - - 350 - 350 - 350 CRYSTAL REPORT - - 500 - 500 - 500 INTRODUCTION TO GIS TRAINING - 1,010 - 1,010 - 1,010 Total: Education & Training 1,390 1,626 4,975 440 4,535 - 4,535 MAINTENANCE CONTRACTS Public Works FY 2013 25 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Public Works FY 2013 800 MHZ FEES - 388 647 647 (0) - (0) Total: Maintenance Contracts - 388 647 647 (0) - (0) Total: Other Purchased Services 17,957 9,593 21,976 9,448 12,528 6,784 19,312 Supplies SUPPLIES / GENERAL SUPPLIES 790 529 1,500 34 1,466 - 1,466 ADOPT-A-ROAD/STREAMSIDE CLEANUP 429 - 1,000 147 853 - 853 Total: General Supplies 1,218 529 2,500 180 2,320 - 2,320 SUPPLIES / ELECTRICITY 307,939 314,943 325,000 132,406 192,594 - 192,594 SUPPLIES / GASOLINE/DIESEL 6,936 10,448 27,215 3,287 23,928 - 23,928 SUPPLIES / FOOD/MEALS 451 345 435 435 0 - 0 SUPPLIES / UNIFORMS 740 877 1,200 84 1,116 - 1,116 Total: Supplies 317,284 327,142 356,350 136,392 219,958 - 219,958 Infrastructure INFRASTRUCTURE/OPTECH RWM 441,722 447,385 461,492 152,484 309,008 - 309,008 INFRASTRUCTURE/SIGNAL ALLOWANCE 2,873 36,238 12,285 700 11,585 - 11,585 INFRASTRUCTURE/EMERGENCY SERVICES ALLOWANCE 9,975 - 10,000 - 10,000 - 10,000 INFRASTRUCTURE/MATERIALS ALLOWANCE 12,323 9,438 27,500 13,626 13,874 - 13,874 INFRASTRUCTURE/TREE REMOVAL 7,000 5,920 30,000 4,144 25,856 - 25,856 INFRASTRUCTURE/DUMPSTER FEES - 5,463 12,000 1,005 10,995 - 10,995 INFRASTRUCTURE/SIGNAL MATERIALS 1,058 8,680 30,000 175 29,825 - 29,825 INFRASTRUCTURE/SIGN MATERIALS 20,315 24,210 20,000 3,192 16,808 - 16,808 INFRASTRUCTURE/ADDITIONAL ROW MOWING 16,740 27,115 - 27,115 - 27,115 Total: Infrastructure 495,266 554,075 630,392 175,325 455,067 - 455,067 Machinery & Equipment OTHER EQUIPMENT - - - 345 (345) - (345) OTHER EQUIP/ADOPT-A-ROAD SIGNS 1,468 612 500 187 314 - 314 OTHER EQUIP/TOOLS/BATTERIES/CHEMICALS 5,317 18,644 5,000 2,794 2,206 - 2,206 OTHER EQUIPMENT / MOTOROLA RADIOS - - - - - - - Total: Other Equipment 6,785 19,257 5,500 3,326 2,174 - 2,174 Total: Machinery & Equipment 6,785 19,257 5,500 3,326 2,174 - 2,174 Total: Public Works 1,323,860 1,490,622 1,643,698 548,757 1,094,941 85,129 1,180,070 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 6,786 2. Professional Fees 75,000 3. Other Purchased Services 6,784 Total Increase 88,570$ DECREASE 1. Group Insurance (3,441) Total Decrease (3,441)$ 85,129$ Decreased to reflect actual costs TOTAL PUBLIC WORKS BUDGET AMENDMENTS Offset with insurance proceeds received for guardrail damage Amendment Reason Increased funding from 5.31% to 9% per employee Increased to cover costs associated with cleaning up Adams' property 26 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 141,903 145,036 149,788 51,763 98,025 - 98,025 Total: Salaries & Wages 141,903 145,036 149,788 51,763 98,025 - 98,025 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 15,381 19,788 16,430 - 16,430 (1,150) 15,280 EMPLOYEE BENEFITS / 401A (SS MATCH) 5,308 5,427 5,617 1,954 3,663 - 3,663 EMPLOYEE BENEFITS / FICA MEDICARE 1,955 1,937 2,173 725 1,448 - 1,448 401A 1% MATCH 465 324 1,282 158 1,124 - 1,124 PENSION (GMEBS) 1,177 5,610 6,809 2,894 3,915 1,971 5,886 UNEMPLOYMENT INSURANCE 259 227 153 90 63 - 63 WORKER'S COMPENSATION 4,381 5,317 3,669 1,613 2,056 - 2,056 Total: Employee Benefits 28,926 38,630 36,133 7,432 28,701 821 29,522 Purchased Professional and Technical Services PROFESSIONAL FEES - 217 - - - - - SURVEYS & APPRAISALS 244 - - - - - - Total: Professional Fees 244 - - - - - - CONTRACTED - PARK MOWING & LITTER PICKUP 95,692 99,535 260,785 40,097 220,688 - 220,688 Total: Professional Fees/Contracted 95,692 99,535 260,785 40,097 220,688 - 220,688 FACILITY REPAIR & MAINT 462 1,673 23,000 1,156 21,844 - 21,844 LIGHTING MAINTENANCE 6,011 12,107 7,750 684 7,066 - 7,066 Total: Facility Repair & Maintenance 6,473 13,780 30,750 1,840 28,910 - 28,910 GROUNDS REPAIR & MAINT 1,564 1,748 5,000 850 4,150 - 4,150 Total: Purchased Professional and Technical Services 103,973 115,279 296,535 42,787 253,748 - 253,748 Purchased-Property Services RENTAL LAND & BUILDINGS - - - - - 2,500 2,500 FCBOE LEASE 6,660 35,000 17,000 522 16,478 - 16,478 Total: Rental Land & Buildings 6,660 35,000 17,000 522 16,478 2,500 18,978 RENTAL EQUIPMENT & VEHICLES 600 600 7,000 190 6,810 - 6,810 Total: Purchased-Property Services 7,260 35,600 24,000 712 23,288 2,500 25,788 Other Purchased Services COMMUNICATIONS 782 732 760 178 582 - 582 POSTAGE - 5 700 79 621 - 621 PRINTING 1,136 912 700 401 299 - 299 TRAVEL: Nat'l GRPA, Meals & Mileage 2,089 154 500 388 112 - 112 DUES AND FEES: GRPA Dues 864 678 1,460 1,372 88 - 88 EDUCATION & TRAINING: Nat'l GRPA 1,341 - - - - - - CONTRACT LABOR: For programs & activities - - 4,500 - 4,500 - 4,500 Total: Other Purchased Services 6,213 2,479 8,620 2,418 6,202 - 6,202 Supplies SUPPLIES / GENERAL SUPPLIES 3,148 2,783 15,000 4,621 10,379 - 10,379 SUPPLIES / WATER / SEWAGE 2,657 2,459 22,000 3,108 18,892 - 18,892 SUPPLIES / NATURAL GAS 2,016 1,178 1,900 491 1,409 - 1,409 SUPPLIES / ELECTRICITY 17,433 24,183 27,500 10,820 16,680 - 16,680 SUPPLIES / FOOD/MEALS 288 252 350 139 211 - 211 Total: Supplies 25,541 30,855 66,750 19,179 47,571 - 47,571 Total: Parks & Recreation 313,815 367,880 581,826 124,291.00 457,535 3,321 460,856 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 1,971 2. Rental Land and Buildings 2,500 Total Increase 4,471$ Parks and Recreation FY 2013 Amendment Reason Increased funding from 5.31% to 9% per employee Increased to cover rental costs for temporary new senior services center 27 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Parks and Recreation FY 2013 DECREASE 1. Group Insurance (1,150) Total Decrease (1,150)$ 3,321$ Decreased to reflect actual costs TOTAL PARKS AND RECREATION BUDGET AMENDMENTS 28 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 525,663 611,026 670,180 276,254 393,926 - 393,926 SALARIES & WAGES/OVERTIME 420 - - - - - Total: Salaries & Wages 525,663 611,445 670,180 276,254 393,926 - 393,926 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 84,362 77,123 81,734 - 81,734 (5,734) 76,000 EMPLOYEE BENEFITS / 401A (SS MATCH)19,713 22,866 25,038 10,423 14,615 - 14,615 EMPLOYEE BENEFITS / FICA MEDICARE 7,028 8,156 9,683 3,611 6,072 - 6,072 401A 1% MATCH 2,432 2,431 6,110 1,282 4,828 - 4,828 PENSION (GMEBS)9,416 24,006 32,446 14,468 17,978 9,454 27,432 UNEMPLOYMENT INSURANCE (158) 422 408 404 4 - 4 WORKER'S COMPENSATION 16,437 11,534 7,256 4,910 2,346 - 2,346 FLEXIBLE SPENDING 2,400 2,400 - - - - - Total: Employee Benefits 141,630 148,938 162,675 35,097 127,578 3,720 131,298 Purchased Professional and Technical Services PROFESSIONAL FEES - 3,900 26,000 4,703 21,297 23,500 44,797 CONTRACTED - - - - - - - VEHICLE REPAIR & MAINT 2,101 2,748 2,300 1,901 399 2,642 3,041 Total: Purchased Professional and Technical Services 2,101 6,648 28,300 6,604 21,696 26,142 47,838 Other Purchased Services COMMUNICATIONS 6,094 5,940 6,300 2,098 4,202 - 4,202 POSTAGE 26 2,210 2,400 1,245 1,155 - 1,155 ADVERTISING 5,500 6,755 8,300 3,002 5,299 - 5,299 PRINTING 1,005 624 2,470 106 2,364 - 2,364 TRAVEL 2,971 2,687 - 8 (8) - (8) GPA CONFERENCE - 853 700 - 700 - 700 GAZA CONFERENCE - - 400 - 400 - 400 APA NATIONAL CONFERENCE - - 1,500 - 1,500 - 1,500 GACE CONFERENCE - - 400 - 400 - 400 HISTORIC PRESERVATION TRAINING - - 600 - 600 - 600 STORMWATER TRAINING (NPDES FUNDS)- - 400 - 400 - 400 Total: Travel 2,971 3,540 4,000 8 3,992 - 3,992 DUES AND FEES 2,245 1,415 100 - 100 - 100 CPESC - - 200 100 100 - 100 CPSWQ - - 100 - 100 - 100 CFM CERTIFICATION - - 100 - 100 - 100 IECA - - 340 170 170 - 170 ASPFM - - 100 50 50 - 50 GACE MEMBERSHIP - - 150 25 125 - 125 GA URBAN FORESTRY COUNCIL - - 175 - 175 - 175 TREE CARE INDUSTRY ASSOC - - 100 - 100 - 100 SOCIETY OF MUNICIPAL ARBORISTS - - 140 - 140 - 140 ARBOR DAY FOUNDATION - - 15 - 15 - 15 GAZA MEMBERSHIP - - 50 - 50 - 50 APA MEMBERSHIP - - 900 515 385 - 385 Total: Dues and Fees 2,245 1,415 2,470 860 1,610 - 1,610 EDUCATION & TRAINING 3,048 2,309 - 55 (55) - (55) GPA CONFERENCE - - 500 - 500 - 500 GAZA CONFERENCE - - 250 - 250 - 250 APA NATIONAL CONFERENCE - - 500 790 (290) - (290) GACE CONFERENCE - - 300 - 300 - 300 HISTORIC PRESERVATION TRAINING - - 360 - 360 - 360 ISA MUNCIPAL SPECIALIST EXAM - - 100 - 100 - 100 GPA CONFERENCE - - 450 - 450 - 450 ARBORIST TRAINING AND TEST - - 600 110 490 - 490 ISA CERTIFICATION & WORKSHOP - - 500 500 - - - GACE WORKSHOPS - - 440 - 440 - 440 Total: Education & Training 3,048 2,309 4,000 1,455 2,545 - 2,545 FY 2013 Community Development 29 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj FY 2013 Community Development MAINTENANCE CONTRACTS - - - - - - - Total: Other Purchased Services 20,888 22,792 29,940 8,773 21,167 - 21,167 Supplies SUPPLIES / GENERAL SUPPLIES 1,168 3,004 3,125 1,323 1,802 - 1,802 SUPPLIES / GASOLINE/DIESEL 4,902 6,986 4,900 1,343 3,557 - 3,557 SUPPLIES / FOOD/MEALS 173 369 625 171 454 - 454 SUPPLIES / BOOKS & PERIDIOCALS 151 - 350 - 350 - 350 SUPPLIES / UNIFORMS 693 1,904 2,250 671 1,579 - 1,579 Total: Supplies 7,087 12,262 11,250 3,507 7,743 - 7,743 Machinery & Equipment FURNITURE & FIXTURES 747 226 900 - 900 - 900 OTHER EQUIPMENT 30 142 22 - 22 - 22 CELL PHONES - - 200 - 200 - 200 NPDES EQUIPMENT 1,170 - 1,500 - 1,500 - 1,500 Total: Other Equipment 1,200 142 1,722 - 1,722 - 1,722 Total: Machinery & Equipment 1,947 368 2,622 - 2,622 - 2,622 Other Costs PAYMENTS TO OTHERS EVERGREEN SCHOOL GRANT PROGRAM - - 1,500 1,250 250 - 250 Total: Payments to Others - - 1,500 1,250 250 - 250 Total: Other Costs - - 1,500 1,250 250 - 250 Total: Community Development 699,316 802,453 906,467 331,486 574,981 29,862 604,843 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Pension 9,454 10,000 2,500 10,000 1,000 3. Vehicle Repairs and Maintenance 2,642 Total Increase 35,596$ DECREASE 1. Group Insurance (5,734) Total Decrease (5,734)$ 29,862$ Amendment Reason Increased funding from 5.31% to 9% per employee Facilitation services for Rt 9 North Corridor Study Decreased to reflect actual costs TOTAL COMMUNITY DEVELOPMENT BUDGET 2. Professional Fees Amendment to TSW contract for Deerfield FBC services Contract with TSW for FBC services for Rt 9 North Corridor Study Survey for Crabapple Historic District Offset with insurance proceeds for damaged vehicle 30 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES - - - 10,769 (10,769) 35,000 24,231 Total: Salaries & Wages - - - 10,769 (10,769) 35,000 24,231 Employee Benefits EMPLOYEE BENEFITS / 401A (SS MATCH)- - - 404 (404) 1,313 909 EMPLOYEE BENEFITS / FICA MEDICARE - - - 156 (156) 508 352 UNEMPLOYMENT INSURANCE - - - 53 (53) 34 (19) Total: Employee Benefits - - - 613 (613) 1,855 1,242 Other Purchased Services COMMUNICATIONS - - - 136 (136) 620 484 COMMUNICATIONS/POSTAGE - - - - - 100 100 PRINTING: Business Cards - - - 118 (118) 162 44 TRAVEL - - - 94 (94) 300 206 DUES AND FEES - - - 464 (464) 500 36 EDUCATION & TRAINING - - - 680 (680) 800 120 Total: Other Purchased Services - - - 1,492 (1,492) 2,482 990 Supplies SUPPLIES / GENERAL SUPPLIES - - - - - 200 200 SUPPLIES / FOOD/MEALS - - - - - 100 100 Total: Supplies - - - - - 300 300 Total: City Manager - - - 12,874 (12,874) 39,637 26,763 BUDGET AMENDMENT NOTES Account Name INCREASE All accounts 39,637 Total Increase 39,637$ 39,637$ TOTAL ECONOMIC DEVELOPMENT BUDGET AMENDMENTS Economic Development FY 2013 Amendment Reason Newly created department to capture the costs associated with Economic Development Manager 31 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Operating Transfers Out TO CAPITAL PROJECTS FUND 5,161,097 4,577,670 4,879,890 406,658 4,473,233 1,041,604 5,514,837 TO CAPITAL GRANT FUND 238,240 727,128 994,974 82,915 912,060 - 912,060 TO OPERATING GRANT FUND 76,288 99,201 149,424 39,201 110,223 (52,864) 57,359 Total: Operating Transfers Out 5,475,625 5,404,000 6,024,288 528,773 5,495,515 988,740 6,484,255 Total: Other Financing Uses 5,475,625 5,404,000 6,024,288 528,773 5,495,515 988,740 6,484,255 BUDGET AMENDMENT NOTES Account Name INCREASE 1. To Capital Projects Fund 1,041,604 Total Increase 1,041,604$ DECREASE 1. To Operating Grant Fund (52,864) Total Decrease (52,864)$ 988,740$ The last quarter of the salaries and benefits for the employees previously funded by SAFER grant should be reported in General Fund; therefore, the operating transfer is not needed for this period TOTAL OTHER FINANCING USES BUDGET AMENDMENTS FY 2013 Other Financing Uses Amendment Reason Increased to fund 1/2 of remaining projected costs for public safety radio system and to cover transfer that was approved by Mayor and Council at the end of FY 2012, but was mistakenly not done 32 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Contingencies CONTINGENCY - - 142,422 - 142,422 3,253 145,675 Total: Contingencies - - 142,422 - 142,422 3,253 145,675 Total: Other Costs - - 142,422 - 142,422 3,253 145,675 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Contingency 3,253 Total Increase 3,253$ 3,253$ TOTAL CONTINGENCY BUDGET AMENDMENTS FY 2013 Other Costs Amendment Reason Increased to meet budgetary policy requirement 33 of 39 OPERATING GRANT FUND The Operating Grant Fund is used to account for certain budgeted items that receive funding from individual grants and that aren’t classified as “capital”. These funds are appropriated on an annual basis. Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj FED GOV GRANT/SAFER 54,586 27,153 - - - - - FED GOV GRANT/BULLETPROOF VEST - 2,629 - - - - - FED GOV GRANT/BYRNE-JAG - 14,618 - - - - - FED GOV GRANT/USGS GRANT 5,500 - - - - - - FED GOV GRANT/GCDD MINI GRANTS 9,617 10,800 21,942 (11,142) 11,142 (0) STATE GOV GRANT/INDIRECT/GEMA - 19,961 - 754 (754) 754 0 FULTON COUNTY GRANT/FRESH GRANT 7,541 - - - - - INTEREST REVENUE 21 6 - 1 (1) - (1) OPERATING TRANSFER IN FROM GENERAL FUND 76,288 99,201 149,424 39,201 110,223 (52,864) 57,359 Total Revenue 136,395 180,726 160,224 61,898 98,326 (40,968) 57,358 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj General Administration SALARIES & WAGES REGULAR EMPLOYEES - 14,196 14,404 4,944 9,460 (9,459) 1 EMPLOYEE BENEFITS / 401A (SS MATCH)- 532 540 187 353 (352) 1 EMPLOYEE BENEFITS / FICA MEDICARE - 205 209 72 137 (137) 0 UNEMPLOYMENT INSURANCE - 28 34 10 24 (23) 1 WORKER'S COMPENSATION - - 43 - 43 (43) - PROFESSIONAL FEES - 285 - - - - - PRINTING - 27 - - - - - GENERAL SUPPLIES - 1,240 2,000 841 1,159 (1,158) 1 SUPPLIES/FOOD/MEALS - 864 - - - - - Total General Administration - 17,377 17,230 6,055 11,175 (11,172) 3 Police COMMUNICATIONS - 1,522 - 377 (377) 377 0 SUPPLIES/UNIFORMS - 2,629 - - - - - OTHER EQUIPMENT/AFIS - 14,618 - - - - - OTHER EQUIPMENT/RAPID ID - 19,005 - - - - - Total Police - 37,774 - 377 (377) 377 0 Fire SALARIES & WAGES/REGULAR EMPLOYEES 114,253 111,952 124,328 33,191 91,137 (28,688) 62,449 SALARIES & WAGES/HOLIDAY PAY 5,371 3,951 5,600 1,367 4,233 - 4,233 EMPLOYEE BENEFITS/401A (SS MATCH)4,537 4,414 4,663 1,359 3,304 (1,073) 2,231 EMPLOYEE BENEFITS/FICA MEDICARE 1,325 1,700 1,802 509 1,293 (412) 881 PENSION (GMEBS)3,663 3,586 6,601 1,087 5,514 - 5,514 Total Fire 129,148 125,603 142,994 37,514 105,480 (30,173) 75,307 Parks & Recreation PROFESSIONAL SERVICES - 3,106 - - - - - RENTAL VEHICLES - 3,946 - - - - - GENERAL SUPPLIES - 489 - - - - - Total Parks & Recreation - 7,541 - - - - - Total Expenditures 129,148 188,295 160,224 43,946 116,278 (40,968) 75,310 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 7,247 (7,569) - 17,952 - BEGINNING FUND BALANCE 3,424 10,670 3,101 3,101 ENDING FUND BALANCE 10,670 3,101 3,101 21,053 FY 2013 FY 2013 Operating Grant Fund Expenditures Revenues 34 of 39 OPERATING GRANT FUND BUDGET AMENDMENT NOTES Account Name REVENUES 1. GCDD Mini Grants 11,142 2. GEMA 754 3. Operating Transfers from General Fund (52,864) Total Revenues (40,968)$ EXPENDITURES 1. General Administration expense accounts (11,172) 2. Police/Communications 377 3. Fire expense accounts (30,173) Total Expenditures (40,968)$ (40,968)$ TOTAL OPERATING GRANT FUND BUDGET AMENDMENTS The GCDD mini grant is no longer funding the Community Builder's salary and benefits; therefore this expense should be reported in the General Fund. Additionally, the salary and benefits cost associated with the SAFER grant employees should be reported in the General Fund since the reporting period for the grant itself expires in June. Increased to reflect grant revenues associated with AFIS Increased to account for prior year revenues received later than anticipated The City is no longer receiving funds from the GCDD mini grant program; therefore all expenses associated with the Community Builder position will need to be reported in the General Fund Increased to account for the remaining expenses associated with AFIS The final reporting period for the SAFER grant is June 2013; therefore, the salary and benefits costs associated with these firefighters will need to be reported in the General Fund Amendment Reason 35 of 39 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) 36 of 39 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj INFRASTRUCTURE MAINTENANCE FEES 68,208 66,445 60,000 19,807 40,193 - 40,193 SIDEWALK REPLACEMENT 9,750 - - - - - - CRABAPPLE PAVING FUND 6,300 10,500 - 2,100 (2,100) 2,100 - TRAFFIC CALMING - - - 5,800 (5,800) 5,800 - TREE RECOMPENSE - 3,500 - 2,500 (2,500) 2,500 - LANDFILL USE FEES 82,264 84,573 80,000 19,437 60,563 - 60,563 HYA FEES 9,375 7,363 10,000 - 10,000 - 10,000 INTEREST REVENUE 5,040 7,763 5,000 1,472 3,528 - 3,528 REALIZED GAIN OR LOSS ON INVESTMENTS 5,486 - - - - - - INSURANCE PROCEEDS/PUBLIC SAFETY - - - - - 10,154 10,154 INSURANCE PROCEEDS/PUBLIC WORKS 21,530 - - - - - - OTHER MISC REV/ATLANTA HIDTA STIPEND 3,000 1,500 3,000 - 3,000 - 3,000 OPERATING TRANSFER IN FROM GENERAL FUND 5,161,097 4,577,670 4,879,890 406,658 4,473,233 1,041,604 5,514,837 OPERATING TRANSFER IN FROM CAPITAL GRANT FUND - 90,000 - - - - - Total Revenue 5,372,050 4,849,314 5,037,890 457,773 4,580,117 1,062,158 5,642,275 Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Mayor & Council LAND ACQUISITION 1,645,456 - - - - - - BUILDINGS/FUTURE CITY FACILITIES - 330,584 78,172 41,734 36,438 - 36,438 Mayor & Council Total 1,645,456 330,584 78,172 41,734 36,438 - 36,438 Finance COMPUTER / SOFTWARE 13,279 - - - - - - Finance Total 13,279 - - - - - - Information Technology COMPUTER REFRESH 37,683 49,266 - - - - - Information Technology Total 37,683 49,266 - - - - - Police PUBLIC SAFETY COMMUNICATIONS - 1,830 1,048,170 1,400 1,046,770 750,000 1,796,770 VEHICLES / NEW VEHICLES 77,760 - - - - - - VEHICLES / REPLACEMENT RESERVE 31,088 276,468 219,589 157,714 61,875 10,154 72,029 COMPUTER / SOFTWARE 5,057 - - - - - - Police Total 113,905 278,298 1,267,759 159,114 1,108,645 760,154 1,868,799 Fire FIRE STATION IMPROVEMENTS - 24,094 65,912 - 65,912 - 65,912 VEHICLE REPLACEMENT RESERVE - 35,586 775,627 54,501 721,126 - 721,126 VEHICLES / FIRE APPARATUS 4,124 - - - - - - ADVANCED LIFE SUPPORT EQUIP 29,380 2,032 - - - - - AED UNITS - 32,914 19,078 - 19,078 - 19,078 MASS NOTIFICATION SIRENS - - 132,500 - 132,500 - 132,500 SCBA CASCADE TRAILER 49,088 - - - - - - Fire Total 82,592 94,626 993,117 54,501 938,616 - 938,616 Revenues Capital Projects Fund FY 2013 FY 2013 Expenditures 37 of 39 Capital Projects Fund Account Name FY 2011 Actuals FY 2012 Actuals Approved Budget Actuals as of 3/27/13 Remaining Budget Balance Requested Budget Amendment Remaining Budget Balance after Budget Adj Public Works CONSTRUCTION INSPECTORS 20,978 - 59,892 - 59,892 - 59,892 GRAVEL ROADS MAINTENANCE 37,021 89,383 165,840 7,334 158,506 - 158,506 STORMWATER MAINTENANCE 51,012 157,459 233,096 2,172 230,924 - 230,924 NPDES PERMIT COMPLIANCE 32,782 67,599 465,500 40,552 424,948 - 424,948 PAVEMENT MANAGEMENT 2,763,745 705,469 3,419,715 995,794 2,423,921 - 2,423,921 PAVEMENT MGMT/CRABAPPLE PAVING FUND - - 16,800 - 16,800 2,100 18,900 SITE IMPROVEMENTS/PW YARD RELOCATION 14,835 9,988 75,177 8,675 66,502 - 66,502 INFRASTRUCTURE / TRAFFIC CALMING - 7,410 42,590 10,156 32,434 5,800 38,234 INFRASTRUCTURE / RESTRIPING 13,281 61,722 147,014 31,788 115,226 - 115,226 CAMBRIDGE SCHOOL ZONE EQUIP - - 27,500 - 27,500 - 27,500 REPLACE SCHOOL ZONE FLASHERS - - 15,000 - 15,000 - 15,000 INFRASTRUCTURE / EDGE OF PAVEMENT - - 100,000 - 100,000 - 100,000 INFRASTRUCTURE / BRIDGE REPLACEMENT 109,747 569,142 595,916 3,307 592,609 - 592,609 INFRASTRUCTURE / SIDEWALKS 1,500 14,353 302,872 21,152 281,720 - 281,720 BETHANY@COGBURN RD INTERSECTION IMPROVMTS 17,911 419,628 111,991 - 111,991 - 111,991 HOPEWELL/FRANCIS/COGBURN INTERSECTION 81,324 20,259 890,520 38,200 852,320 - 852,320 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS - 34,913 279,588 5,108 274,481 - 274,481 HOPEWELL @ BETHANY BND/BETHANY WAY - - 75,000 1,260 73,740 - 73,740 VEHICLES / NEW VEHICLES - - 30,678 - 30,678 - 30,678 Public Works Total 3,144,137 2,157,325 7,054,689 1,165,498 5,889,191 7,900 5,897,091 Parks & Recreation PROF FEEES/PARKS & REC 15 YEAR COMP PLAN - 430 24,570 - 24,570 - 24,570 PROF FEES/SIGN PROGRAM - - 15,000 1,795 13,205 - 13,205 PROF FEES/B'HAM PARK MASTER PLAN - 24,963 - - - - - FACILITY R&M/BETHWELL HOUSE RENOVATIONS 147,731 4,200 - - - - - RENTAL LAND & BUILDINGS/FCBOE LEASE - 214,580 - - - - - SITES / PARK LAND ACQUISTION 50,435 379,473 950,351 950,350 1 - 1 SITE IMPROVEMENT/CRABAPPLE CROSSING PARTNERSHIP 10,234 153,373 22,233 22,232 1 - 1 PARK & TRAIL EXPANSION - 3,360 1,492,931 327,910 1,165,021 - 1,165,021 TRAIL PLAN UPDATE - 15,000 - - - - - INFRASTRUCTURE / BELL PARK 35,456 10,769 38,288 - 38,288 - 38,288 Parks & Recreation Total 243,856 806,149 2,543,373 1,302,288 1,241,085 - 1,241,085 Community Development PROF FEES/TDR FEASIBILITY STUDY - 29,389 20,310 11,180 9,130 - 9,130 PROF FEES/CRABAPPLE MASTER PLAN 30,253 - - - - - - ARCHITECTURAL CODE - 33,466 1,034 68 966 - 966 FORM BASED CODE/TDR ORDINANCE - 580 28,220 18,532 9,688 - 9,688 SITE IMPROVEMENT/TREE RECOMPENSE 620 - 15,505 - 15,505 2,500 18,005 Community Development Total 30,872 63,436 65,069 29,779 35,290 2,500 37,790 Unallocated CONTINGENCY - - 141,471 - 141,471 - 141,471 Unallocated Total - - 141,471 - 141,471 - 141,471 Total Expenditures 5,311,780 3,779,684 12,143,650 2,752,914 9,390,736 770,554 10,161,290 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 60,270 1,069,630 (7,105,760) BEGINNING FUND BALANCE 5,748,997 5,809,267 6,878,897 ENDING FUND BALANCE 5,809,267 6,878,897 (226,863) FY 2013 Expenditures 38 of 39 Capital Projects Fund BUDGET AMENDMENT NOTES Account Name REVENUES 1. Crabapple Paving Fund 2,100 2. Traffic Calming 5,800 3. Tree Recompense 2,500 4. Insurance Proceeds/Public Safety 10,154 5. Operating Transfer in from General Fund 1,041,604 Total Revenues 1,062,158$ EXPENDITURES 1. Police/Public Safety Communications 750,000 2. Police/Vehicle Replacement Reserve 10,154 3. Public Works/Crabapple Paving 2,100 4. Public Works/Traffic Calming Offset with revenues received 5,800 5. Community Development/Tree Recompense Offset with revenues received 2,500 Total Expenditures 770,554$ 1,062,158$ TOTAL CAPITAL PROJECTS FUND BUDGET AMENDMENTS Offset with revenues received Increased to fund 1/2 of remaining projected costs for public safety radio system Offset with insurance proceeds Increased to fund 1/2 of remaining projected costs for public safety radio system and to cover transfer that was approved by Mayor and Council at the end of FY 2012, but was mistakenly not done Amendment Reason Increased to reflect revenues received Increased to reflect revenues received Increased to reflect revenues received Increased to reflect revenues received for damaged vehicles 39 of 39 0 1► HOME OF ' ; d:�ST ()�!AL:TY OF z ESFABL1SIiED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: March 29, 2013 AGENDA ITEM: Consideration of U13-01/VC13-02 — Birmingham Highway (SR 372) East Side, Luca Gianturco for a Use Permit for one baseball field and an 8,800 square foot barn. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG - 1 /Residentially used property and provide a 50 foot setback along the north and east property lines. [Section 64-114(3)(b)] MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BYCITYATTORNEY PLACED ON AGENDA FOR REMARKS: () APPROVED 04NI3 () NOT APPROVED �NO (�NO () NOT APPROVED ® Your PHONE: 678.242.2500 ( FAX: 678.242.2499 t RMIARR "Gfi Q n Certified WINNER Community , Cit, s , info@cityofmiltonga.us www.cityofmiltonga.us „_,,,Y s . , Le , g 7 :: Ethics ? 13000 Deerfield Parkway, Suite 107 Milton GA 30004 -- CERrWiED BRONZE -- l'�B4L` Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 1 of 15 U13-01/VC13-02 PROPERTY INFORMATION ADDRESS East side of Birmingham Hwy DISTRICT, LAND LOT 2/2, 414 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 4.814 EXISTING USE Currently under development for a baseball field PROPOSED USE Baseball Field and 8,800 square foot storage/practice building OWNER/APPLICANT Luca Gianturco ADDRESS 15615 Birmingham Hwy Milton, GA 30004 REPRESENTATIVE Scott Reece Brumbelow & Reese and Associates ADDRESS 13685 Hwy 9 Milton, GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 26, 2013 U13-01 – APPROVAL CONDITIONAL VC13-02 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 26, 2013 U13-01 – APPROVAL CONDITIONAL - 4-1 VC13-02 – APPROVAL CONDITIONAL - 4-1 INTENT A request for a Use Permit (Sec. 64-1828) for a baseball field and 8,800 square foot barn/building on the subject site which contains 4.815 acres. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback adjacent to AG- 1/Residential use property and provide a 50 foot setback along the north and east property lines. (Section 64-1141(3)(b)) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 2 of 15 Based on the deliberations at the March 26, 2013 Planning Commission Meeting the following items were discussed: 1) The intensity of use of the site; how many teams will play, will there be tournaments, future building of the 8,800 square foot building? The applicant stated that there will not be tournaments held at the site but only a handful of teams playing the “home” team. Also, there would be batting and pitching facilities inside the proposed building. The construction of the building would not occur for at least a year. 2) Will there be dugouts or bleachers for the field? The applicant stated that in the beginning there would not be either dugouts or bleachers and asked what the preference of the Planning Commission would be regarding these two items. 3) What would be the hours of operation including the future practice building? The applicant stated that it would be open only during daylight hours for both the field and practice field. 4) The Americans with Disabilities Act (ADA) requirements for the proposed baseball field and future building. Staff responded that they would need to meet the ADA standards as directed by the Building Official. 5) Location of restroom facilities. Staff stated that based on the fact that the nearest restroom is more than 500 feet away, an alternative must be provided. The Building Official has stated that an ADA compliant portable restroom would meet the requirement until a permanent facility is constructed. The Planning Commission made the following Recommended Conditions: a) Provide evidence that all adjacent land owners have no opposition to the deletion of the buffer and replace with the 50 foot setback as proposed and that the agreed upon landscape plan with Mr. Bateman be spread on the record. (See page 14 of this report.) b) At the time the building is constructed, restroom facilities be constructed at that time. c) Hours of operation are limited to daylight hours. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 3 of 15 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 4 of 15 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 5 of 15 FUTURE LAND USE PLAN Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 6 of 15 SITE PLAN SUBMITTED FEBRUARY 5, 2013 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 7 of 15 SUBJECT SITE: The subject site is a 4.814 acre tract of AG-1 (Agricultural) zoned land, located on the east side of Birmingham Hwy and is a part of a larger tract of AG-1 (Agricultural) zoned land. A grading permit has been issued on the subject site for the construction of a baseball field. BACKGROUND: A grading permit was issued by the Community Development Department on May 29, 2012 for this subject site as well as an adjoining parcel to the south. The plan proposed additional pasture/paddock areas for agricultural uses as well as a building pad for future green houses which are all permitted on AG-1 (Agricultural) zoned property. On August 27, 2012 a revision to the grading permit was submitted to substitute a baseball field for the paddock on the eastern portion of the site. At that time, Community Development’s Plan Review Staff was informed that the baseball field would be for personal use of the property owner. This limited use of the baseball field would not require any additional zoning actions. After the revision to the grading permit was approved, the Community Development Department was informed that the proposed baseball field would be utilized by players other than the owner and his family. Staff informed the applicant that a Use Permit for Recreational Fields would be required to allow the use of the field by others other than his personal use. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 5, 2013, Staff offers the following considerations: Use Permit Standards Section 64-1828 – Recreational Fields (a) Required district. All. This section includes, but is not limited to, soccer, softball, baseball, polo, football, cricket, etc. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 8 of 15 (b) Standards. Standard Staff Comment 1. Permitted curb cut access shall not be from a local street. In Compliance – Birmingham Hwy is a Major Arterial 2. A minimum 50 foot buffer and ten foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single family dwellings. The Northwest Fulton Overlay District development standards requires that a 75-foot undisturbed buffer and 10 foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses pursuant to Sec. 64-1141.3.b. Whenever provisions in this division conflict with any other articles in this zoning ordinance, or other city ordinances, or regulations, the provisions of this division shall prevail. (Sec. 64-1119(13)c.) Not in Compliance – Please see the requested concurrent variance, VC13-02 discussed below. 3. Loudspeakers/paging systems are prohibited adjacent to residentially used property. In Compliance- The applicant has indicated in the letter of intent that there shall be no loudspeakers/paging systems. 4. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts or AG-1 districts used for single family dwellings. In Compliance – The applicant has indicated in the letter of intent, there shall be no outside lighting on the site. Northwest Fulton Overlay District Requirements VC13-02 – To delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1/Residential used property and provide a 50 foot setback along the north and east property lines. (Section 64-1141(3)(b)). Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer, with a 10 foot improvement setback, located adjacent to all AG-1 (Agricultural) zoning districts and all property zoned, used, or developed for residential uses. Staff notes that although the south property line is not mentioned, even though the adjacent property is owned by the applicant, a concurrent variance will be needed for this south property line. The City Arborist has offered the following in his comments; “Area for the use permit initially had nearly 100% coverage of mixed vegetation consisting of Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 9 of 15 pines and hardwoods. Said area has been nearly completely denuded under previous permit indicating pasture and personal recreation field and additional greenhouses.” It appears that if the applicant had indicated that the baseball field would be used for others, and a Use Permit was applied for prior to the permitting and construction of the field, at least a portion of the required buffers would be intact. In addition, the applicant has not provided credible evidence demonstrating compliance with subsections 1 through 4 as follows: “1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; 3) Relief, if granted, would not cause a substantial detriment to the public good and surrounding properties; and 4) That the public safety, health, and welfare are secured, and that substantial justice is done”. Based on this statement, Staff recommends DENIAL of VC13-02 along the north, east and south property lines. Staff notes that the applicant will need to provide “tree density calculations” for the site as described below under comments from the City Arborist. Building Size, Height, and other Structure Design The site plan proposed an 8,800 square foot storage/ practice building built to look like a barn. Staff notes that the building must comply with all the Northwest Fulton Overlay Standards and be submitted to the City of Milton Design Review Board prior to the issuance of a building permit from the Community Development Department. The applicant does not state the height of the proposed building, but that the Overlay District states there shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave, pursuant to Sec. 65-1145(4). The site plan also indicates that the dimensions of the barn will be 80 feet by 110 feet. The Overlay District requires that for every 80 feet of building length on a single face, there shall be variation in the exterior, pursuant to Sec. 65-1145(5). OTHER SITE PLAN CONSIDERATIONS Parking Requirements Per Section 64-1410, off street parking, a recreation field requires 50 parking spaces. In the applicant’s letter of intent, it states that the parking will be provided on the adjoining parcel zoned C-1 (Community Business) to the north which is also owned by the applicant. On that parcel, there are a total of 102 gravel parking spaces and five handicapped parking spaces. Therefore, the site Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 10 of 15 plan meets the minimum required number of parking spaces. Staff notes that a handicapped parking space will be required closer to the baseball field. Staff notes that where the limits of the use permit are located along the north property line does not allow for sufficient area for pedestrians to access the baseball field based on the fact there is a 50 foot undisturbed buffer along the east property line of the commercial parcel. The applicant has proposed a crossing further to the west that would not encroach into the undisturbed buffer and provide a cross easement between the commercially zoned property, adjacent AG-1 property to the area designated as the Use Permit for the baseball field. The site plan does not indicate any restroom facilities on the site. The Building Official has stated that per code, restrooms must be provided within 500 feet of the field. The applicant has stated that the participants will go to the facilities on the commercial property. This is a greater distance than what is required. A portable bathroom facility is acceptable if it is ADA compliant. When the proposed 8,800 square foot structure is built, bathroom facilities will be included in the building. Staff will also include a condition that there shall not be any concession stands within the proposed 8,800 square foot building or any new structures/vehicles either permanent or temporary on the subject site used for concessions. Based on the applicant’s letter of intent, conditions will be included to prohibit outside lighting of any type as well as loudspeakers. PUBLIC INVOLVEMENT On February 27, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 6 members of the community in attendance. Their concerns included the intensity of the use from the public and the absence of vegetative screening adjacent to single family residences Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and Report. The Public Participation meeting was held at Scottsdale Farms on Monday, March 4 between the hours of 5:30 p.m. and 8:00 p.m., with three people in attendance. They had the following issues: 1) Lack of screening at the southeast corner of field. 2) Number of people using field, frequency of use, times of use. 3) Stormwater run-off direction and treatment. The Public Participation Report was submitted on March 5, 2013 by the applicant. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 11 of 15 City of Milton Design Review Board Meeting – March 5, 2013 If the field is open to the public, ADA access from parking lot will be required Plans should include an agreement, to himself, for shared parking and use of bathroom. Environmental Site Analysis The proposed site does not contain floodplain, wetlands, steep slopes, or sensitive plant and animal species. The applicant also states that there are no streams on the subject property; however, there is a very small section of the stream buffer associated with a stream on the adjacent northern property. The baseball field will not impact this buffer. The site plan indicates compliance with the required city and state stream buffers and non-impervious setback. The proposed use will not impact any historical or archeological entities. City of Milton Fire Marshal No comments at this time. City Arborist Area for use permit initially had nearly 100% coverage of mixed vegetation of pines and hardwoods. Said area has been nearly completely denuded under previous permit indicating pasture and personal recreation field and additional greenhouses. Commercial use of the property requires 30 Tree Density Units (TDUs) per acre. 4.81 acres would require 144.3 tree density units to remain on site, planted on site, a combination of both, or in lieu of planting, the dollar amount to be determined by the City Arborist may be placed in the city tree fund. Use Permit Considerations In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the sites proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 12 of 15 A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The City of Milton 2030 Comprehensive Plan recommends that the subject site be developed as Agricultural, Equestrian, and Estate Residential (AEE). The property is zoned AG-1 (Agricultural) which is an appropriate zoning district within the character area. A use permit for a recreational field is permitted within the AG-1 (Agricultural) district. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; North of the subject site is zoned C-1 (Community Business) and developed with a retail nursery; further north, east and south is zoned AG-1 (Agricultural) developed with scattered single family residences. To the west of the subject site is zoned AG-1 (Agricultural) with a veterinary clinic, church and scattered single family residences. If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed baseball field may be compatible with land uses and zoning districts in the area. Therefore, Staff recommends approval of U13-01. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use may not violate any known local, state and/or federal statutes, ordinances or regulations governing land development if approved with the recommended conditions. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use should not create congestion along Birmingham Hwy if approved based on the fact that access is derived via the commercial zoned and developed parcel to the north. E. The location and number of off-street parking spaces; A baseball field requires 50 parking spaces and there are a total of 102 gravel parking spaces and five handicapped parking spaces. Therefore, the site plan meets the minimum required number of parking spaces. Staff notes that a handicapped parking space will be required closer to the baseball field. F. The amount and location of open space; The applicant’s site plan indicates that almost the entire subject site within the boundary of the use permit is developed with the exception of the Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 13 of 15 required undisturbed buffers along the north, east and south property lines. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance, the areas replanted to buffer standards may provide adequate screening to the adjacent AG-1 (Agricultural) zoned and residentially used properties. H. Hours and manner of operation; The applicant has indicated in the letter of intent that the baseball facility will be in use only during daylight hours. I. Outdoor lighting; The applicant has indicated in the letter of intent that there will be no outdoor lighting or lighting of the baseball field. A condition will be included that will reflect there shall be no lighting of the baseball field. J. Ingress and egress to the property. The applicant’s site plan indicates ingress and egress will be via the parking lot of the adjoining C-1 (Community Development) zoned and developed property which has an existing curb cut on Birmingham Hwy. CONCLUSION The proposed baseball field, if developed with Staff Recommendations, meets the requirements and development standards of the requested Use Permit. The applicant has not demonstrated the need for the requested concurrent variance to reduce the 75 foot buffer and 10 foot improvement setback to a 50 foot setback. Therefore, Staff recommends DENIAL of VC13-02 and APPROVAL CONDITIONAL of U13-01. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 14 of 15 Mr. Bateman’s planting plan Prepared by the Community Development Department for the Mayor and City Council Meeting on April 8, 2013 (First Presentation) 4/3/2013 U13-01/VC13-02 Page 15 of 15 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for Recreational Field (Sec. 64-1828) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) One (1) baseball field and building at a density of 1,828 gross floor area per acre zoned or a total of 8,800 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 5, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: d) Provide a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north, east, and south property lines. e) Provide a recorded cross-easement between the subject property and the property to the north for pedestrian access. f) No outside loudspeakers permitted on the site. g) No outdoor lighting, including lighting for the field, permitted on the site. h) No concessions permitted within the proposed 8,800 square foot building or new or temporary structures or vehicles used for concessions. i) Comply with all required ADA (Americans with Disabilities) site and building requirements and other building code requirements for the baseball field and 8,800 square foot building. Page is too large to OCR. ORDINANCE NO._______ PETITION NO. U13-01/VC13-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR A RECREATIONAL FIELD (BASEBALL FIELD) WITH CONDITIONS (SEC. 64-1828) LOCATED ON THE EAST SIDE OF BIRMINGHAM HWY AND CONTAINING 4.815 ACRES AS DESCRIBED IN THE ATTACHED MEETS AND BOUNDS SURVEY BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 22, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located on the east side of Birmingham Hwy, consisting of a total of approximately 4.815 acres as described in the attached meets and bounds survey, a Use Permit for a recreational field (baseball field) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 414 the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article IX, Division 5, Sec. 64-1828 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 22nd day of April, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for Recreational Field (Sec. 64-1828) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) One (1) baseball field and building at a density of 1,828 gross floor area per acre zoned or a total of 8,800 square feet, whichever is less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the City of Milton Community Development Department on February 5, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north, east, and south property lines. b) Provide a recorded cross-easement between the subject property and the property to the north for pedestrian access. c) No outside loudspeakers permitted on the site. d) No outdoor lighting, including lighting for the field, permitted on the site. e) No concessions permitted within the proposed 8,800 square foot building or new or temporary structures or vehicles used for concessions. f) Comply with all required ADA (Americans with Disabilities) site and building requirements and other building code requirements for the baseball field and 8,800 square foot building. Site Plan Submitted February 5, 2013 0�7 HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' MILTON,* ESTABLISHED 2oa6 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Consideration of T13-01 — AT&T and American Towers, LLC and AT&T Mobility Corporation, 14295 Birmingham Highway, Ellen Smith for a new 140 foot tall (145 foot including screening tree branches) and related antennas and equipment wireless telecommunications facility designed as a tree. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY C1 TY MANAGER: 0 APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (j YES (YNO CITY A TTORNEY REVIEW REQUIRED: (} YES YNO APPROVAL BY CITY ATTORNEY () APPROVED ()NO VED PLACED ON AGENDA FOR: REMARKS: ln- :' ylou 714^en *Cercifi�xl PHONE: 678.242,25001 FAX: 678.242.2499" * Ciry of info®cityofmiltonga.us I www.cityofmiitonga.us COmmUn�tyEthics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - t' L: F<I':EL 1i�41- AI'TORNFYS AT LAW 100 GALLERIA PARKWAY, SUITE 1800 ATLANTA, GEORGIA 30339-5960 TELEPHONE 770-956-9600 FACSIMILE 770-956-1490 Mien W. Smith e-mail esmith@hnzw.com March 12, 2013 BY E-MAIL ONLY {Robyn.Macdonaldna,cityofmiltonaa.Us) Ms. Robyn MacDonald Principal Planner, City of Milton Community Development Department 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 Re: City of Milton New WTF1 'Permit Application T13-01 (the "Application") Request for Withdrawal Without Prejudice Dear Robyn: As you know; last Tuesday, March 5, 2013, the City of Milton requested that AT&T consider a redesign of an existing WTF located at 330 Batesville Road (the "Batesville Road Facility") as an alternative to the proposed Facility. AT&T had considered the Batesville Road Facility prior to filing the Application, but structural and height constraints, among other technical considerations, prohibited AT&T's collocation upon such Facility. In an effort to give all parties including, without limitation, the City, AT&T, Crown Castle USA (the current owner of the Batesville Road Facility), the opportunity to fully explore and potentially permit a proposed redesign of the Batesville Road Facility, Applicant hereby respectfully requests approval to withdraw the referenced Application without prejudice to its rights to re -file an application for new WTF at the Birmingham Highway Property. We understand that this request will be placed on the agenda for approval of withdrawal without prejudice at the April I I Planning Commission and the April 22 Mayor and City Council hearings. Also, as a result of this withdrawal request, Applicant will not conduct the previously advertised balloon test on April 6, 2013, and Applicant has requested that the Milton Herald run a "Notice of Cancellation" in next week's newspaper. Finally, with respect to the previously scheduled CZIM set for tomorrow evening, given that such a meeting is not required by the Wireless Ordinance, we respectfully request that the City cancel such meeting. Please confirm that Applicant need not attend tomorrow night's CZIM. ' Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in Applicant's February 4, 2013 Letter of Intent. 3306111/1971-28 HOLT NES' ZATCOEIF & WASSERMAN, LLP City of Milton March 12, 2013 Page 2 of 2 Please contact me with any questions. Thank you. cc: Scott W. Peters, Esq. (Triple Crown Estates) Mr. Thomas Spahr (Richmond Glen HOA) Mr. Jim Grissett (all by e-mail only) 336611 111971-28 o HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA'ItTON) TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-08 — To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 — Barns or Riding Areas. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES CITY ATTORNEY REVIEW REQUIRED: K YES APPROVAL BY CITY ATTORNEY KAPPROVED PLACED ON AGENDA FOR: c 4Q g ( 3 REMARKS: () NOT APPROVED () NO () NO () NOTAPPROVED ' Your PHONE: 678.242.25001 FAX: 678.242.2499^MREtN1AR® �C�.¢.n *Certified WINNER Community City of Y� info@cityofmiltonga.us www.cityofmiltonga.us Lead!rgftWay toSuSt"bleL,i ,� �, EthtcsLy 13000 Deerfield Parkway, Suite 107 1 Milfon GA 30004 - CERTIFIED BRONZE - -ajB�t To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on April 2, 2013 for the April 22, 2013 Regular Meeting (April 8, 2013 First Presentation and April 15, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-08 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Barns or Riding Areas Consideration of the approval of RZ13-09 - To amend Chapter 64, Zoning Ordinance, Article I, In General, Sec. 64-1 Definitions as it pertains to Barns and Riding Areas Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The Mayor and City Council approved a text amendment to the AG-1 (Agricultural) district as it pertained to the location of barns at their March 19, 2012 meeting. For certain situations, barns and riding areas are required to obtain a Use Permit from the City Council. The first text amendment, RZ13-08, is a new Use Permit for Barns or Riding Areas. A copy of the AG-1 (Agricultural) district that highlights the situations in which a Use Permit is required is included in the packet. Concurrently, new definitions are needed for a barn and a riding area to further clarify the new Use Permit. This is covered in the second text amendment, RZ13-09. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (April, 2013) Concurrent Review: None Attachment(s): Text Amendments and Ordinances for RZ13-08 and RZ13-09 RZ13-08 – Text Amendment prepared for the Mayor and City Council Meeting on April 8, 2013 (First Presentation). Sec. 64-1840. – Barns or Riding Areas (1) Required district. AG-1. (As required by Sec. 64-415) (2) Standards. a. A minimum 75 foot setback is required for parking when the principal structure is a riding area. b. Hours of operation shall commence no earlier than 7:00 a.m. and cease by 10:00 p.m. when the principal structure is a barn or riding area. c. A covered riding area or barn shall not exceed the maximum height of 40 feet. d. Loudspeakers or public address systems are prohibited. e. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. f. When lighting is utilized on the property, it shall conform to Article II, Division 7, of the Zoning Ordinance. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-08 AN ORDINANCE TO ADOPT A NEW USE PERMIT WITHIN ARTICLE IX, DIVISION 5, MISCELLANEOUS USES, SECTION 64-1840 – BARNS OR RIDING AREAS, CHAPTER 64 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 22, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to adopting a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Barns or Riding Areas, and; SECTION 2. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 3. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of April, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) goZ HOME OF 'THE BEST QUALITY OF i—F-1.N ,FO; 'C�!A' MILTO N, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13-09 — To Amend Chapter 64, Zoning Ordinance, Article I, In General, Sec. 64-1 Definitions as it pertains to Barns and Riding Areas. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: X) YES () NO CITY ATTORNEY REVIEW REQUIRED: (RYES () NO APPROVAL BY CITY ATTORNEY O(APPROVED () N T PPROVED PLACED ON AGENDA FOR: O�og13 REMARKS: ® You PHONE: 678.242.2500 FAX: 678.242.2499PACE wtlRo V�.n *Certified * WINNER Community c,ry,,f info@cityofmiltonga.us I www.cityofmiltonga.us 1e y �,� Ethics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — cERT TIED BRONZE To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on April 2, 2013 for the April 22, 2013 Regular Meeting (April 8, 2013 First Presentation and April 15, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-08 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1840 – Barns or Riding Areas Consideration of the approval of RZ13-09 - To amend Chapter 64, Zoning Ordinance, Article I, In General, Sec. 64-1 Definitions as it pertains to Barns and Riding Areas Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The Mayor and City Council approved a text amendment to the AG-1 (Agricultural) district as it pertained to the location of barns at their March 19, 2012 meeting. For certain situations, barns and riding areas are required to obtain a Use Permit from the City Council. The first text amendment, RZ13-08, is a new Use Permit for Barns or Riding Areas. A copy of the AG-1 (Agricultural) district that highlights the situations in which a Use Permit is required is included in the packet. Concurrently, new definitions are needed for a barn and a riding area to further clarify the new Use Permit. This is covered in the second text amendment, RZ13-09. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (April, 2013) Concurrent Review: None Attachment(s): Text Amendments and Ordinances for RZ13-08 and RZ13-09 RZ13-09 – Text Amendment prepared for the Mayor and City Council Meeting on April 8, 2013 (First Presentation). Sec. 64-1 – Definitions Barn means a structure housing livestock. Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc. which may or may not be covered or with or without designated seating structures. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-09 AN ORDINANCE TO AMEND SECTION 64-1 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO CREATE NEW DEFINITIONS, “BARN” AND “RIDING AREA” CONTAINED WITHIN THIS SECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 22, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1, definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of April, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF 'THE BEST QUALITY OF S FE N <;FECO (__-!A' MItTON TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: March 29, 2013 R FROM: City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton and Michael Elliott, Ph.D for the Purpose of Providing Facilitation Services for Two Sub -Areas within the Route 9 North Visioning Study Area. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED:OYE1► S� () NO bj, APPROVAL BY CI TY ATTORNEY APPROVED 1'� bbNOT A�PROVED PLACED ON AGENDA FOR: REMARKS: �✓�2�0 � r- r.� T � 0 �bt 13 �a�o SIC W pfw I %.� 2evic->j ® Your PHONE: 678.242.25001 FAX: 678.242.2499 P RMIAIIR Gr' de * Certified * WINNER t City of Communi info@eityofmiltonga.us I www.cityofmiltonga.us y �v� Ethics 13000 Deerfield Parkway, Suite 107 (Milton GA 30004 ceRrtFieu BRONZE — '��A7 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on March 28, 2013 for the April 8, 2013 Regular Council Meeting Agenda Item: Consideration of the Approval of a Professional Services Agreement between the City of Milton and Michael Elliott, Ph.D. for the Purpose of Providing Facilitation Services for Two Sub-Areas within the Route 9 North Visioning Study Area. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In an attempt to achieve consensus on the proposed future land use of two special treatment areas contained within the on-going Rt. 9 North Visioning Corridor Study, it has been determined that an expert facilitator with architectural and city planning technical skills would be required. It is anticipated that these services would foster a community-based collaborative process. The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: contact and discuss issues of concern with members of the two stakeholder sub-committees established by the City; to identify key concerns and to explore potential options of interest to the parties; to establish agendas, design and facilitate meetings, and write-up and distribute meeting reports for stakeholder meetings; to advise the various stakeholders and city officials as to potential options for reaching consensus concerning the future land use configuration of the two Rt. 9 North special treatment areas; and, to provide a final report to the City and to members of the stakeholder sub- committees indicating issues discussed and agreements reached at the conclusion of the process. Funding and Fiscal Impact: Not to Exceed $10,000 Alternatives: N/A Legal Review: Paul Higbee, Jarrard & Davis – April 2, 2013 Concurrent Review: Chris Lagerbloom Attachment(s): Contract Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT This Agreement made and entered into this 1st day of April, in the year 2013, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Michael Elliott, Ph.D (“Consultant”) having its principle place of business at738 Brookridge Drive, Atlanta, GA 30306-3617. WHEREAS, the City of Milton will require certain professional planning services beginning on March 27th, 2013; and WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein and below. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $10,000 (which includes all related travel expenses of Consultant) (the “Contract Price”) without prior written approval from the City. 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 industry, Consultant will give written notice thereof immediately to the City. Page 2 of 9 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, 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 Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the 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. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. 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 an y and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Term; Termination The term of this Agreement shall begin on April 1, 2013 and shall terminate absolutely and without further obligation on the part of the City upon Consultant’s completion of the services Page 3 of 9 described herein, but no later than December 31, 2013 provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 to December 31, 2014. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 5.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 6.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 7.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 8.0 Expertise of Consultant Consultant 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 services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 9.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 10.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 11.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and Page 4 of 9 undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 12.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 13.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 14.0 Notices All other notices, 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 Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Dr. Michael Elliott 738 Brookridge Drive Atlanta, GA 30306-3617 15.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant 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 Consultant or successor or on any obligation under the terms of t his Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Page 5 of 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Michael Elliott, Ph.D Signature: __________________________________ Printed Name: _______________________________ SIGNED, SEALED, AND DELIVERED in the presence of: ___________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ Page 6 of 9 EXHIBIT A Scope of Work 1. Contact members of the Bethany Bend Subarea Stakeholder Sub-Committee and the Five Acres Subarea Sub-Committee established by the City, as well as affected property owners, public officials, and other stakeholders, to identify and discuss with such individuals issues of concern related to each respective Subarea and to explore potential options of interest to such individuals in preparation for the respective Stakeholder Sub-Committee meetings. Consultant understands that, regarding each Subarea, there are conflicting views among stakeholders regarding future development of each Subarea. The City’s primary objective for Consultant is that Consultant will mediate between/among such conflicting viewpoints and provide suggested compromises. 2. Regarding said Stakeholder meetings, establish written agendas, design, moderate and facilitate the meetings, and prepare and distribute written meeting minutes and reports immediately after such meetings. 3. Advise, both verbally and in writing, the various stakeholders and city officials as to potential options for reaching consensus concerning the future land use configuration of the Bethany Bend Subarea and the Five Acres Subarea, respectively. 4. Provide a final written report to the City and to members of the Stakeholder Sub- Committees indicating issues discussed, proposals offered by Consultant, and any agreements reached amongst the stakeholders and the City at the conclusion of the process. . Services will be provided on an-hourly basis at a rate of $125 per hour. This rate is inclusive of all overhead and expenses associated with conducting the project. The total cost for the project shall not exceed $10,000.00. Page 7 of 9 Education: Ph.D. Urban and Regional Studies, Massachusetts Institute of Technology, 1984. M.C.P. City and Regional Planning, University of California, Berkeley, 1978. B.S. Urban Studies, MIT, 1974. B.S. Architecture, MIT, 1974. Leadership: Member, National Research Council Committee on Inherently Safer Chemical Processes, 2010 – 2012. Association for Conflict Resolution  Co-Chair and Past Co- Chair of the Environment and Public Policy Section of the Association for Conflict Resolution, 2006 – 2009.  Member of the ACR Leadership Council, 2006 – 2008.  Member of the EPP/ACR Leadership Council, 2004 – 2009. Facilitator, White House Conference on Cooperative Conservation, 2005. Peer Review Committee, Fulbright Senior Specialists Program in Peace and Conflict Resolution Studies, Council for International Exchange of Scholars, 2003 – 2007. Michael Elliott Principal, Southeast Negotiation Network 738 Brookridge Drive, Atlanta, GA 30306-3617 404/874-0435; michael.elliott@gatech.edu Michael Elliott has worked in environmental dispute management and environmental planning and policy for 25 years. He specializes in the design, facilitation, and evaluation of collaborative planning and participatory processes, and the mediation of environmental and public policy disputes. His positions include: Southeast Negotiation Network: Director (1999 – present). Co-founder (1986) and co-director (1986 – 1999). SNN provides a neutral forum and experienced mediators and facilitators for resolving environmental, policy and planning disputes. Consortium on Negotiation and Conflict Resolution: Co-founder and Associate Director, 1987 – 1997. Director for Research, 1997 – 2004. Research Associate, 2004 – present. CNCR is an inter- university center that develops and tests innovative techniques for consensus building; conducts research into complex organizational and public policy disputes; and assists communities, institutions and individuals to manage conflict more productively. Associate Professor, Georgia Institute of Technology: Associate professor, jointly appointed to the School of Public Policy, 1991 – present. Associate Director of the Center for Quality Growth and Regional Development, 2010 – present. Director of the City and Regional Planning PhD Program, 2000 – 2010; assistant professor in City and Regional Planning (1984 – 1991). In these capacities, his work focuses on issues associated with sustainable development, healthy places, the management of toxics and other risks, and urban development. He has worked for corporations and local communities throughout the Southeast and Mid-Atlantic States and for federal agencies such as the U.S. Environmental Protection Agency, the Department of Energy, the U.S. Army Corps of Engineers, the National Park Service, the Army Environmental Policy Institute, and the U.S. Council on Environmental Quality. Internationally, he provides dispute system and process design consultations and training for resolving environmental and land disputes in Estonia, Israel, Nicaragua, Kazakhstan, Russia and Germany. Selected Facilitation and Mediation Experience Superfund and RCRA Remediation Cleanups –Mediated the cleanup remedy decision among multiple stakeholders, including the PRP, local community members, and government agencies at the Marble (Superfund) and Shaver’s Farm (RCRA Remediation Cleanup) sites in north Georgia. USEPA Green Codes Workshop – Assisted EPA in designing and facilitating a workshop, entitled “Overcoming Barriers to Green Page 8 of 9 Publications: Over 50 publications, including two books, focus on dispute resolution, public participation and environ- mental management. The books include:  Lewicki, Roy, Barbara Gray, and Michael Elliott, editors. Making Sense Of Intractable Environmental Conflicts. (Island Press, 2003), and  Susskind, Lawrence, Michael Elliott, and Associates. Paternalism, Conflict and Co- Production: Learning from Citizen Action and Citizen Participation in Western Europe (Plenum Press, 1983). Articles and chapters include:  The Role of Facilitators, Mediators, and Other Consensus Building Practitioners,  Risk Perception Frames in Environmental Decision Making,  Building Civic Capacity to Resolve Environmental Conflicts,  The Use of Mediation to Resolve Environmental Disputes in the United States,  Social Conflict Assessment in the Design of Risk Management Systems,  The Effects of Differing Assessments of Risk in Hazardous Waste Facility Siting Negotiations, and  Resolving Development Disputes through Conflict Resolution. Permitting,” for representatives of the building industry, local and state governments, advocacy groups, and academia. Community Advisory Panels – Facilitated community advisory panels that promote dialogue between community members and chemical manufacturing facilities in Chattanooga, TN, Memphis, TN, and Chestertown, MD. Conducted a CAP assessment in Anniston, AL. Environmental Management of Concentrated Animal Feed Operations (CAFOs) –Mediator and facilitator for stakeholders concerned with environmental regulation of CAFOs by the Georgia Dept. of Natural Resources. Atlanta Solid Waste Management Planning – Mediated the solid waste management planning process for the Atlanta Solid Waste Advisory Commission. Big Cypress National Preserve – Served as a mediator between US National Park Serve and the Florida Fish and Game Commission to resolve a dispute involving the Big Cypress National Preserve. Atlanta Parks Management Planning – Facilitated the Mayor’s Green Ribbon Committee that was tasked with developing a management plan for Atlanta parks. Access to Health Care in Georgia – Mediated and facilitated the Access to Health Care Commission created by the State of Georgia Legislature. Other mediations and facilitations include issues associated with Neotropical Migratory Bird Conservation; growth management and urban development in Dalton GA and Ashville NC; red-cockaded woodpecker preservation; PCB and Superfund-contaminated sites in Anniston, AL and Jacksonville, FL; groundwater protection strategy development in Region 4 of the US EPA.; and resource recovery facilities in New York City. Selected Decision and Dispute Systems Design and Evaluation Projects Decision Support Tools. Developed a decision support system for the Atlanta Beltline, linking the Tax Allocation District Advisory Committee and the Atlanta Beltline, Inc. Societal Effects of Collaborative Decision-Making. Examined the impact of collaborative decision making processes on civic culture and environmental management systems, focusing on urban dynamics in Chattanooga and state dynamics in Georgia and Florida. The Framing of Intractable Environmental Disputes. Examined the impact of stakeholder perspective-taking and cognitive framing on conflict dynamics in long-term, intractable conflicts. Evaluation of the Effectiveness of Environmental Negotiations, Regulatory Negotiations and Policy Dialogues. Performed evaluations on several national and state-level programs, including: US EPA Brownfields stakeholder involvement and cleanup program, US EPA Project XL stakeholder involvement program, US EPA Non-Road Small Engine negotiated rulemaking process, US EPA Community Based Environmental Protection program, US EPA Carpet Policy Dialogue, and Page 9 of 9 Editorial Boards:  Journal of the American Planning Association, 2006 – present.  Conflict Resolution Quarterly, 2007.  Environmental Impact Assessment Review, 1985 – 1999. Awards:  Georgia Tech College of Architecture’s Outstanding Teacher Award, 2006.  International Association for Conflict Resolution’s Outstanding Book Award, 2004.  College of Architecture’s Mid- Career Achievement Award, 1999.  Georgia Tech’s Outstanding Interdisciplinary Activities Award for "pioneering work in developing interdisciplinary collaborations and programs in research and teaching at Georgia Tech," 1991.  Georgia Planning Association’s Merit Award, 1988. the facility siting mediation process established under the Georgia Solid Waste Management Act. International Consultations in Environmental Dispute Systems Design. Worked to promote environmental and land policy dispute resolution systems in: Israel (1998 – present): worked with the Consensus Building Institute, Israel Center for Negotiation and Mediation, Israel-Palestine Center for Research and Information, and Israel’s Ministry of the Environment on dispute systems design and capacity building, particularly as related to initiating the Joint Environmental Mediation Service (a joint Palestinian/Israeli mediation group). Estonia, Kazakhstan, and Russia (1991 – 1997): worked with the International Programs Consortium, the US EPA, the US Information Agency, the US Institute for Peace, and international counterparts on the management of international water disputes (Baltic Sea and Caspian Sea) and on the integration of dispute management systems into domestic environmental policymaking. Nicaragua (1994 – 1995): worked with the United Nations Development Programme and the Carter Center to design systems for resolving land tenure and property ownership conflicts. Germany (1993 – 1997; 2005): process consultant for Wissenschaftszentrum Berlin für Sozialforschung and the US Embassy to explore the transferability of U.S. environmental mediation experience to Germany. Pollution Prevention in Corporate Decision Making. Investigated the role of pollution prevention in corporate decision making. Beneficial Use of Dredged Materials – Examined decision making processes concerning the beneficial uses of dredged materials from waterways for the US EPA, Army Corps of Engineers and state environmental and natural resource agencies. Public Policy and Environmental Dispute Resolution Trainer Designed and conducted over 50 continuing education courses to train planning and environmental professionals, civic leaders and stakeholders in negotiation and dispute resolution in the United States, Estonia, Kazakhstan, and Israel. Affiliations International Association for Conflict Management Association for Conflict Resolution American Planning Association Georgia Planning Association M HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Supporting a Grant Application to Firehouse Subs Foundation for the Purchase of a Fire Safety Education "Smoke House." MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES !r NO CITY ATTORNEY REVIEW REQUIRED: () YES (j NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS.- 91 OR.REMARKS. You'`- PHON E: 678.242.25001 FAX: 678.242.2499rl10Ew A® V re. e.. n : ` * Certified * MER Communit , city of info@cRyofmiltonga.us I www.cityofmiltonga.us Y �,, Ethics , 13000 Deerfield Parkway, Suite 107 (Milton GA 30004 cERT{FIE056�ROi4ZE - .11�,B`�LL Page 1 of 2 To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal and Emergency Manager Date: Submitted on April 1, 2013 for the April 8, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution Supporting a Grant Application to Firehouse Subs Foundation for the Purchase of a Fire Safety Education “Smoke House” ____________________________________________________________________________ Department Recommendation: Adopt the attached resolution approving the submission to the Firehouse Subs Foundation grant program authorizing the request for funding of a portable “fire safety house” and authorizing the Mayor to execute all required grant documents should the grant be awarded. Executive Summary: The purpose of the Firehouse Subs Foundation grant program is to award grants to fire departments and other community-minded organizations to enhance their abilities to conduct outreach and safety projects. The foundation centers around allowing the local Firehouse Subs franchise to become involved with their local community. Milton has maintained a relationship with the local restaurant located at 13087 Highway 9 (in fact, a painting of Milton’s fire engine figures prominently in their interior decorating), and would coordinate any grant award with this local business. The presentation of life and fire safety education to the community is a central goal of the fire service. In addition to safe building construction, public education is an essential component of any hazard mitigation program, focusing on teaching the community (most specifically, its youth) different common causes of residential fire and injury and how to prevent such dangerous events. While fire departments must be well equipped to respond to a fire, fire suppression begins with the idea of preventing the fire from ever happening. Our Department is heavily involved in this essential community service. Public education programs are often focused on youth since this represents the most vulnerable portion of our population as well as the segment of the community most receptive to educational programs. The fire safety house consists of a portable, inflatable, fire safety house and an associated water-based “smoke” generator that was specifically set up to maximize escape drills and fire safety education goals. It is not a “bouncy house.” The unit would be deployed to schools, community events, and at citizen’s request to support the prevention program and enhance our City-Community relationship. Page 2 of 2 To this point, we have relied on surrounding jurisdictions to provide this regularly-requested program. Often, we cannot provide this essential training prop (often a fire safety trailer is used) because our bordering departments have the unit committed elsewhere. The requested unit will provide a unique addition to the regional public education system, and we would continue to use it in an inter-jurisdictional context (for large-scale events) as well as providing this essential tool to our firefighters for more routine requests. Funding and Fiscal Impact: If the grant is funded, there will be no cost to the city. The grantor will likely conduct a press release at its local franchise if awarded, and we would be available to provide public education support to surrounding communities. The total grant, if awarded, would be $12,689. There will be minor incidental recurring costs for maintenance and deployment of the unit that will be covered by routine M&O budgeting. Alternatives: We could continue to conduct outreach activities without these props to serve as an educational platform, thereby establishing the program primarily in fire personnel speaking to classes and community groups without the practical aids provided for in this grant application. Legal Review: N/A Concurrent Review: Chris Lagerbloom, City Manager Robert Edgar, Fire Chief Attachment(s): Resolution Grant Application Form STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION SUPPORTING A GRANT APPLICATION TO THE FIREHOUSE SUBS FOUNDATION FOR A FIRE SAFTEY EDUCATION “SMOKE HOUSE’ THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session on the 8th day of April, 2013: WHEREAS, the Firehouse Subs Public Safety Foundation makes funding available to improve the life-saving capabilities of first responders in communities served by Firehouse Subs; and WHEREAS, Firehouse Subs is an active part of our local business community; and WHEREAS, the fire safety ‘smoke house’ is an essential tool in teaching young children life safety, fire prevention, and home escape plans in order to reduce and eliminate the tragedy of fire injury and death; and WHEREAS, the City of Milton Fire Rescue Department will apply for funding through this program; and WHEREAS, the funding, if awarded, shall be utilized to purchase a “fire safety house” to serve as an educational platform for Milton firefighters throughout the Milton community and with our local partners. NOW THEREFORE, BE IT RESOLVED, this 8th day of April, 2013, by the Mayor and Council of the City of Milton that the submission of an application to the Firehouse Subs Public Safety Foundation’s grant program is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Firehouse Subs Public Safety Foundation Grant Pre -qualifications Please take a moment to review the following: • Recommend that the organization is located within 6o miles of a Firehouse Subs restaurant • Our average funding range is from $10,000-$20,00o however requests can exceed this amount • Must be a direct request (not a second party applicant) • All applications must be mailed and received by the closing date, No email or faxed applications will be accepted • If your organization has already received funding from our Foundation, you must wait a minimum of one year before submitting another application Dear Grant Applicant: Thank you for your interest in Firehouse Subs Public Safety Foundation. Our mission is dedicated to improving the life-saving capabilities of first responders and public safety organizations in communities served by Firehouse Subs by providing funding, resources and support. Once we receive your application, we will notify you via e-mail within 15 days of receipt. Our distributions are done on a quarterly basis and approved or denied by the Foundation's Board of Directors. All applications will be considered and notified after distributions are made whether support will be granted. Schedule of distributions: April 1, 2013 — For all applications received by Friday, March 15, 2013 July 1, 2013 — For all applications received by Thursday, June 13, 2013 October 1, 2013 — For all applications received by Friday, September 13, 2013 January 1, 2014 — For all applications received by Thursday, December 12, 2013 Please fill in all fields on the grant application & include the following attachments. Your application will not be considered for funding unless all necessary information is included: F-_1 Background information o Background information on department and city, brief history of department F-1 Most recent financial information o Examples include: bank statement, financial statement, previous year's audit report or revised budget including a balance sheet o Our board of directors are looking to view a current balance of funds F-_1Current operating budget Current inventory of major equipment (for all public safety entities) Recent quote for ALL requested equipment from a vendor o Includes sales tax where applicable (our Foundation is tax exempt in CO, FL, IN, IL, MA, MI, MN, MO, NV, NM, OH, PA, TN, TX, UT, VA, WV, Puerto Rico) and an estimated freight charge. Grant applications without tax (when applicable) and shipping charge will be disqualified o If approved for funding Firehouse Subs Public Safety Foundation will not exceed the dollar amount quoted o Include sales representative's name and contact information o Note: If approved for funding our Foundation will use this exact quote to purchase the items requested. Firehouse Subs Public Safety Foundation will not be responsible for any restocking fees or costs if the quote is incorrect. Our Foundation will not cover the cost of any maintenance plans or extended warranties. F-_1 Photo release o If approved for funding we will host a celebratory dedication event at a Firehouse Subs restaurant o This release gives your permission to use photos taken at the event for marketing, fundraising, etc. Firehouse Subs Restaurant Contact and Community Information (optional) Once your application is complete, please return completed grant to: Firehouse Subs Public Safety Foundation Attn: Grant Request 3400-8 Kori Road Jacksonville, FL 32257 We appreciate your interest in the Firehouse Subs Public Safety Foundation. If you need any assistance with the application or general questions about the Foundation, please contact the Foundation via e-mail at Foundatio n P Firehousesubs. com. Sincerely, Robin Peters Meghan Bender Jacquelyn Gubbins Executive Director Community Programs Manager Foundation Coordinator Firehouse Subs Public Safety Foundation Grant Application Date of completion: March 25, 2013 Name of Organization: City of Milton Fire Rescue EIN/Federal ID Number (*Mandatory, grant will be disqualified if left blank): 51-0608862 Contact Person: Matt Marietta Title/Position Description: Fire Marshal Mailing Address: 13000 Deerfield Parkway 107F Physical Address: Same City, State & Zip Code: Milton, Georgia 30004 Daytime Phone Number: 678-242-2570 Mobile Phone Number: 404-840-1898 Email: matthew.marietta@cityofmiltonga.us Community(s) Served: City of Milton, Georgia Population of Community(s): 32,000 Runs per year (if applicable): 2000 If you are requesting life saving equipment (if approved for equipment, the Firehouse Subs Public Safety Foundation will work with your preferred vendor to purchase the equipment and have it shipped to your location. Once the equipment arrives, a signed and dated copy of the packing slip must be sent to the Foundation as verification of receipt for the equipment. The Foundation will then pay the invoice): What equipment are you requesting for your department? N/A • What is the exact cost of the equipment? N/A 0 Briefly explain how the equipment will benefit your community and your department. N/A If you are requesting prevention/education materials: • What materials are you requesting for your department? An inflatable/portable fire safety smoke house for home escape training and the associated water-based • What is the exact cost of the equipment? 12,689 (base price plus shipping/tax as appropriate) • Briefly explain how the equipment will benefit your community and your department. Milton relies on surrounding communities for the use of a fire safety trailer at our public education events. This grant would allow us to provide our own education programs on small events, and will provide a unique education tool for school children that we will share with surrounding communities to boost the impact of their safety message as well. • This would have a direct impact on more than 9000 children and NA senior citizens in our community. If you are requesting scholarship and/or continued education funding (if approved for funding, the Foundation will issue a check to the organization for the requested funding. A very detailed description for funding must accompany the application. Funding will only be considered if there is no option for the Foundation to purchase the requested items): • What is the amount of funding you are requesting? N/A Please provide a detailed description of how the funding will assist your department: N/A Address & name of franchisee of the Firehouse Subs location in your community? M&C Subs, Inc. Melvin Kinard 13087 Highway 9, Milton, Georgia 30004 How far is this location from your department? Less than 1/2 mile. How did you hear about our organization? when the business opened, Fire Chief Robert Edgar spoke with an employee at the local franchise about teaming up with Milton (via the Foundation) for public education. Have you unsuccessfully reached out to the city for funds to purchase the equipment? We are a new city with a relatively small department. Funds are spent mostly on suppressioirh Was there a particular instance or life that would have been positively impacted if you would have had the equipment available? we routinely conduct public education in 8 public schools, 3 private schools, day cares, and numerous community events. Milton does not have a fire safety house or other traditional public education prop (though we do have fire clowns) to support this very active community outreach service. What positive effects will the equipment specifically have? Please use statistics when possible. It will provide a way to teach fire safety to children, and will serve as the centerpiece of the "exit drills in the home" program/campaign we are about to deploy through out the community. A visit from the firefighters will be more than entertainment: a practical skill -set learned by the youth. If approved for funding, we will host a press event at a Firehouse Subs restaurant near you. Please note that the event may acknowledge multiple grant recipients and may take place at a Firehouse Subs outside of your jurisdiction. We ask that all PR be coordinated by our Foundation, but of course we will work in conjunction with your PR team as well as the PIO of your department. MLM Initial Acceptance PIO (Public Information Officer) Name: Jason Wright PIO e-mail: jason.wright@cityofmiltonga.us phone number: 678-242-2500 If you do not have a PIO, please list a contact for event planning and publicitu. This individual should be readily available by e-mail and phone. PRINT f VIDEO RELEASE FOR USE OF NAME AND LIKENESS Organization Name: Milton Fire Rescue Date: 03125 2013 Our organization hereby grants Firehouse Subs Public Safety Foundation (hereinafter called "Producer"), their nominees, designees, successors, and assigns of those for whom they are acting, full authorization and the absolute right and permission to sell, assign, convey, reproduce, copyright, use or publish motion picture, video tape, photos, sound or other recordings of our participation, appearance or performance on television, radio or any other broadcast or print -related media in which our organization may be included in whole, in part or in composite, or in which character or form is distorted, in conjunction with our own or any other picture, person or name, throughout the United States, in perpetuity, to be used for art, advertising, commerce, business or trade. If we should receive any print, negative or other copy thereof, we shall not authorize its use by anyone else. We hereby waive any right that we may have to inspect or approve the finished product or the advertising copy which may be used in connection therewith, or the use of which it may be applied. We hereby release, discharge and agree to hold harmless Producer, its nominees, designees, successors and assigns, or others from whom they are acting, from any liability or any nature or description by virtue of any use whatsoever, whether intentional or otherwise, from any change that may occur or be produced in the taking of said pictures or images or in the recording of any sound, in any processing tending toward the completion of the finished product, unless it can be shown that said use or change is solely for the purpose of subjecting me to conspicuous ridicule, scandal, scorn or indignity. I as our organization's representative am over the age of 21. Matt Marietta (Representative Sig to (Print Name) 13000 Deerfield Parkway (Address) Milton GA 30004 (City, State, Zip) (Phone Number) 0 HOME OF BES T (;. LITY OF LIFE IN GEORGIA' ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 29, 2013 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Amending Resolution No. 10-01-127, A Resolution Appointing A Board Member For District 1 To The Planning Commission. MEETING DATE: Monday, April 8, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITYATTORNEY () APPROVED PLACED ON AGENDA FOR: o yo o l 3 REMARKS: () NOT APPROVED NO NO NOTAPPROVED ® 's You. ** * * PHONE: 678.242.2500 FAX: 678.242.2499 racF�wnRa Community City of Green * Certified* * WINNER info@cityofmiltonga.us (www.citofmiltonga.us H4 ,3s _ E y �,� Ethics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — CERTIFIED =BRONZE STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. __________ A RESOLUTION AMENDING RESOLUTION NO. 10-01-127, A RESOLUTION APPOINTING PEYTON JAMISON TO THE CITY OF MILTON PLANNING COMMISSION FOR DISTRICT 1. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on April 8, 2013 at 6:00 p.m. as follows: SECTION 1. That Peyton Jamison (District 1) is hereby appointed for a term commencing April 8, 2013 and ending on December 31, 2013; and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this the 8th day of April, 2013. Approved: ___________________ Joe Lockwood, Mayor Attest: _____________________ Sudie AM Gordon, City Clerk (Seal)