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HomeMy WebLinkAbout07-15-2013-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, July 15, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Monsignor Peter J. Rau, St. Peter Chanel Catholic Church, Roswell, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-165) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 15, 2013 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the July 1, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-166) (Sudie Gordon, City Clerk) 2. Approval of the July 8, 2013 Work Session Council Meeting Minutes. (Agenda Item No. 13-167) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and the Environmental Quality Company for a Milton Household Paint and Chemicals Collections Event on August 3, 2013. (Agenda Item No. 13-168) (Cindy Eade, Sustainability Coordinator) 4. Approval of a Professional Services Agreement between the City of Milton and Kittelson & Associates, Inc. for Birmingham Road at Hopewell Road Roundabout Peer Review. (Agenda Item No. 13-169) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing George Ragsdale. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2013; and for Other Purposes. (Agenda Item No. 13-170) (Stacey Inglis, Assistant City Manager) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ13-14 – 13175 Hopewell Road, Duke Land Group, LLC, to Rezone from AG-1 (Agricultural) to R-3 (Residential) to Develop 11 Single Family Lots on 9.04 Acres. (Agenda Item No. 13-160) (First Presentation at July 1, 2013 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 15, 2013 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. An Ordinance To Amend Chapter 54, Telecommunications Sections 54-3, 54-5(A), 54- 6(f), 54-7(a)(1), and 54-7(a)(2) to Include the Definition of “Modification(s)”, to Revise Maximum Telecommunication Tower Heights, and to Provide for an Expedited Variance Process. (Agenda Item No. 13-162) (First Presentation at July 1, 2013 Regular Council Meeting) (Discussed at Work Session on July 8, 2013) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations, to Provide for Enforcement of Certain Applicable Codes Relative to the Safe Use of Real Property in Accordance with Georgia Law; to Repeal any Conflicting Provisions; and for Other Purposes. (Agenda Item No. 13-161) (First Presentation at July 1, 2013 Regular Council Meeting) (Discussed at Work Session on July 8, 2013) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY13 Road Reconstruction and Resurfacing Projects. (Agenda Item No. 13-171) (Carter Lucas, Public Works Director) 2. Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the Construction of a Roundabout at the Hopewell Road/Cogburn Road at Francis Road/Hopewell Road Intersection. (Agenda Item No. 13-172) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-173) The minutes will be Provided electronically R HOME OF `THE HEST QUALITY OF LIFE IN GEORGIA' MItTON% TO: City Council ESTABLIS i €F€) 2006 CITY COUNCIL AGENDA ITEM DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and the Environmental Quality Company for a Milton Household Paint and Chemicals Collections Event on August 3, 2013. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BYCITY MANAGER: XAPPROVED {) NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES {) NO C1 TY A TTORNEY REVIEW REQUIRED: {YES (J NO APPROVAL BY CITY ATTORNEY kAPPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR:REMARKS 91 You � xm * Ccrccd * roj loo PHONE: 678.242-25001 FAX: 678.242.2499 �„ Green czy„r €nfoUcityofmiltonga.us I www.cifyofmiltonga.us Community Ech;cs A 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - 4eRT"`r° UF1 '�; To: Honorable Mayor and City Council Members From: Cindy Eade, Sustainability Coordinator Date: Submitted on July 8, 2013 for the July 15, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and EQ The Environmental Quality Company for Milton’s Household Paint and Chemicals Collections Event (HPCC) on August 3, 2013 ______________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: This agreement is to provide services for a one day Household Paint and Chemical collection event to collect and properly dispose of paint, chemicals and other hazardous materials from Milton residents. The budget should allow us to serve 200 Milton residents and the event will be managed by use of a pre-registration process to pre-qualify residency and determine quantities. In accordance with the city procurement procedures, an invitation to bid was issued by the city. The city received four qualified bids for the proposed work which are summarized in Table 1. EQ – The Environmental Quality Company was selected based on having a local facility in Georgia and was highly recommended by the cities of Alpharetta and Roswell who have utilized EQ for several successful similar events. Staff is recommending approval of a lump sum for the Professional Services Agreement with EQ The Environmental Quality Company, in the amount of $10,979.00. Table 1. Bid Summary Firm Bid EQ – The Environmental Quality Co.. $10,979.00 Clean Harbors $10,997.00 EcoFlo $10,907.50 Tradebe $17,248.00 Page 2 of 2 Funding and Fiscal Impact: This event has been budgeted for $10,979.00 plus $1,000 in advertising and miscellaneous fees (cost of dumpster and signage) within the FY2013 budget. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (July 2, 2013) Concurrent Review: Chris Lagerbloom, City Manager Kathleen Field, Community Development Director Attachment(s): Professional Services Agreement HOME OF'"FE BEY GUAL11Y ItFG ih GEORGIA' IESI'nE[f5HED2 6 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Household Paint and Chemicals Collections Event (HPCC) This Professional Services Agreement (the "Agreement") is made and entered into this day of , 201_, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and EQ THE ENVIRONMENTAL QUALITY COMPANY (hereinafter referred to as the "Contractor"). WITNESSETH THAT: WHEREAS, the City desires to employ a Contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. 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: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR 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. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as "Household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) at Bell Memorial Park located in the City of Milton." Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work on the date specified. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services Page 1 of 5 performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor 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 $10,984.00 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: 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. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Contractor 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, fines, penalties, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Contractor, any sub -Contractor, anyone directly employed by Contractor or sub -Contractor or anyone for whose negligent acts Contractor or sub -Contractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Contractor, not as agent or employee of City. Inasmuch as City and Contractor are parties 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses. Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and Page 2 of 5 meet the standard of quality ordinarily expected of its industry. Contractor understands that the Work includes the proper handling, transportation, and recycling or disposal of hazardous wastes and materials, and Contractor warrants that it is expertly familiar with and agrees to comply with all applicable federal, state, and local laws and regulations in the performance of the Work. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: [INSERT NAME OF CONTRACTOR'S CONTACT PERSON] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. 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 sub -Contractors, Contractors, and/or staff to likewise protect such confidential information. 1. Meetings: Contractor shall meet with 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 City. Section 7. Standard of Care: In providing services under this Agreement, the Contractor shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section S. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. 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. C. 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. D. E -Verify Affidavits. It is the policy of City 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be swom under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification Page 3 of 5 ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed; or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee - number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. hi 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, Page 4 of 5 section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, 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 IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 5 EQ THE ENVIRONMENTAL QUALITY COMPANY Signature: Printed Name: Title: [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 6 of 5 Exhibit "A" Work Description Request for Proposal and Response Milton HPCC RFP 13-CD02. pdf HPCC EQ RFP 6-2013.pdf iT ON ss asusnmmw REQUEST FOR PROPOSAL (RFP 13-CD02) FOR Household Paint and Chemicals Collections Event (HPCC) CITY OF MILTON, GEORGIA City of Milton, Georgia requests qualified individuals and sums with experience in household hazardous waste events to submit a quotation for a household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) that will be held on Saturday, August 3, 2013 at Bell Memorial Park located in the City of Milton. It will include services to collect, handle, pack, lawfully transport, recycle, reuse, treat, and/or dispose (at a permitted disposal facility) household hazardous waste (HHW) material for the City of Milton, Georgia. Questions regarding the RFP should be emailed to Cindy Eade (Sustainability Coordinator) by May 31, 2013. email: cindy.eadeC&cityofmiltonga.us. The City will provide official written answers, by email, to all questions on or about June 7, 2013. Sealed proposals will be received no later than 2:00 PM Local Time on June 13th, 2013. Sealed proposals shall be submitted to: City of Milton Attn: Cindy Eade, 13000 Deerfield Parkway, Suite 107G, Milton, Ga. 30004. Proposals will not be accepted by email. City of Milton reserves the right to cancel or reject any and all proposals and to waive any technicalities or irregularities, and to award the contract based on the highest evaluation and in best interest of the City of Milton. 13-CD02 Pagel I. INTRODUCTION Household Hazardous Waste (HHW) Defined as hazardous by 40 CFR part 261 and regulated as hazardous waste by the United States Environmental Protection Agency (EPA) under Subtitle D to the Resource Conservation and Recovery Act (RCRA) of 1976,42 U.S.C.SS 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984, the Toxic Substance Control Act, 15, U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste, materials or substances which impose special handling or disposal requirements similar to those required by Subtitle C of RCRA; or A substance that is either found on one of several lists of hazardous wastes in the federal regulations or exhibits one of the four following hazardous waste characteristics: corrosivity (damaging to living tissue); ignitable (catches fire under certain conditions); toxic (causing injury or death if eaten or swallowed); or reactive (capable of causing an explosion). City of Milton desires to offer a program for the collection, packaging, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of household hazardous waste (HHW) materials as defined herein from residents throughout the City of Milton. It is believed that the disposal of HHW in municipal solids waste (MSW) landfills, sewers, septic systems, groundwater or other environmentally inappropriate sites poses a potential threat to the public health and safety. The purpose of the HPCC collection program is three -fold: 1. To increase the public's awareness as to what constitutes HEW and potential dangers with improper disposal of these wastes, 2. To educate the public on recycling, reusing, treating, and/or disposing (at a permitted facility) HHW, and 3. To provide for the safe collection, handling, packing, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of as much H11W as may be collected at the time of the event based on budget and participation. The collection event is planned to occur at Bell Memorial Park, 15245 Bell Park Road Milton, GA 30004 on Saturday, August 3, 8:00 a.m. —12:00 p.m. The facility has convenient access for citizens bringing HHW for recycling, reuse, treatment, or disposal at a RCRA approved disposal facility. The site will provide controlled access to the general public and will provide sufficiently paved area for staging vehicles bringing the material and for having multiple moving lines to an area where the material can be removed for analysis, inventory, and appropriate handling by the Contractor. Residents and householders of the City of Milton will be permitted to deliver HHW between the hours of 8 a.m. — 12 p.m. The City of Milton reserves the right to change the collection site location provided at least fifteen (15) days written notice prior to the scheduled date is provided to the Contractor. 13-CD02 Page 11. SCOPE OF WORK A. Tasks 1. The Contractor shall manage all U14W delivered to the site by the general public. This includes providing an appropriate number of qualified chemists, technicians and appropriate staff to lawfully receive, identify, sort, package, label, load and transport waste received, as well as, enough general labor to expedite receiving materials during the event. Other events suggest that a staff capable of unloading 2 vehicles at a time (at a minimum) is needed as participants should remain in their vehicles. Responsibilities shall include, without limitation, the unloading of HHW from the general public's vehicles, identifying the materials delivered, inventorying each item, packaging the material for safe transportation and storage, manifesting the HHW and loading the material onto Contractor vehicles for ultimate processing through recycling, reuse, treatment, and/ or disposal at a RCRA approved disposal facility. 2. The Contractor shall be the "generator" of the HEW from the standpoint of the United States Environmental Protection Agency (EPA) and the Georgia Department of Natural Resources Environmental Protection Division (GA-EPD). The Contractor shall comply with all municipal, state and federal regulations and laws, ordinances, rules and regulations. The Contractor shall obtain, at his own expense, all permits and licenses required by federal, state, or local law or ordinance, rule or regulation and maintain same in full force and effect. Waste acceptance, ownership and responsibility for necessary handling, packing, lawful transportation, storage, recycling, beneficial reuse, treatment, and/or disposal of wastes received at the collection site shall pass to the Contractor from the party delivering the acceptable waste at the time that parry delivers to the collection event; Contractor must offer for each material accepted (when applicable): First -Recycle Second -Fuel blend or reuse Third -Treatment Fourth-RCRA incineration Last Option- Land disposal B. Mobilization: 1. The Contractor shall assemble all of the necessary personnel and equipment on the site of the collection effort no later than 7:00 a.m. on the day of the collection, so as to be ready to begin the processing of the vehicles bringing HHW promptly at 8:00 a.m. C. Site Operations: 13-CD02 Page 3 1. The Contractor shall be responsible for all site operations from the point where the general public vehicles containing the HHW move to the unloading area until the general public vehicles leave the unloading area. Upon arrival at the collection point the Contractor personnel, upon permission, shall open the doors of the vehicle and remove the HHW. 2. The Contractor shall have sufficient personnel to promptly handle at least two (2) vehicles at one time, leaving any non -acceptable materials in each vehicle and taking the acceptable materials to an area established for positive identification. 3. The collection day will be terminated at 12:00 p.m. or sooner at the direction of the Sustainability Coordinator, Cindy Eade or her designee, at which time the public will not be allowed to enter the collection area. 4. The HHW Contractor will monitor the intake of materials and estimate the volume and costs during the event to ensure compliance with the budget. 5. At the end of the collection event, the Contractor shall provide to the City of Milton an estimated total weight for all HHW collected from residents/households. 6. The Contractor shall load all collected material into trucks, clean-up and stow all equipment at the end of the collection event. The Contractor shall ensure that nothing is left behind from the collection effort and shall ensure that the site is in as good or better condition in all respects than it was prior to set-up and preparation for the collection event. 7. The Contractor shall meet with the Sustainability Coordinator, Cindy Eade on-site to ensure that the site is fully restored to its original condition. No vehicles or equipment shall remain at the collection site overnight after the day of collection. D. Handling, Packaging, Transportation, Reuse, Recycling, Treating and/or Disposal: 1. Contractor shall provide all equipment, staff and materials necessary to provide efficient collection and handling of all acceptable wastes received, and shall at all times operate the Collection Site and it Facilities in accordance with Applicable Law. 2. Contractor shall be responsible for lawful transportation, recycling, beneficial reuse, fuel blend, treatment, storage and/or disposal of all wastes received at the collection site and must follow all local, district, state, and federal regulations with regard to all disposal methods; 3. Contractor must provide documentation of where material will be disposed including location, ID and contact person; 4. All third party disposal companies must be insured by the primary Contractor; 13-CD02 Page 4 5. Contractor shall be responsible for all costs and liabilities associated with a spill or accident if it occurs during loading and transition to the treatment center; 6. Contractor shall work under the immediate supervision of the City of Milton; The Contractor shall provide written documentation (i.e., recycling certificate or other tracking documentation) of the ultimate reuse, recycling, treatment, and/or permitted approved disposal facilities, for BTIW collected at the collection event. The Contractor shall also verify that all hazardous substances collected are disposed in a manner that constitutes strict adherence with EPA regulations. 8. In the unanticipated event any residual materials are left at the collection site after the event, Contractor agrees to pick up and dispose of materials properly. E. Recordkeeping, Administration and Reporting: 1. Contractor shall add the City of Milton and employees as additionally insured with waiver of subrogation for workers compensation; 2. Contractor shall provide an invoice for the event within three days after the collection. 3. Contractor shall complete and submit the "Record of Operations" within fifteen (15) calendar days after the event date which shall provide a summary of routine and extraordinary activities during the collection event. Final payment will be contingent on receipt and approval of this document 4. The site report shall include, but is not limited to the following: a) The quantities in units and number of drums of all waste received itemized by the waste type as listed in Attachment A. Drum counts shall indicate the packing method (i.e., loose packed, Lab -Packed, or bulked) and Recycling, Beneficial Reuse or Disposal method for each drum. • Lab -Packed drums shall indicate: i. The actual weight of waste contained in each drum, ii. The average weight of waste per drum for each waste type, and iii. The cumulative average weight of waste per drum for each waste type. b) A report of the complaints received by the Contractor in connection with the Contractor's operations under the Contract, with a summary of the Contractor's response to the complaints, if any. 13-CD02 Page 5 c) An account of any extraordinary occurrences, accidents, or emergencies that arose during the collection event. F. City of Milton furnished property/services City of Milton will furnish traffic control barriers and additional personnel at the collection site to assist with the event. Before a vehicle reaches the unloading area, volunteers provided by the City of Milton, will check residency requirements and direct the resident to the proper unloading area. Additionally, City of Milton volunteers will distribute any educational and promotional items. Organization and monitoring of volunteer personnel will be the responsibility of the City of Milton. The City of Milton will provide signage to direct traffic to the site, site location, and scheduling. Residents will pre -register for the collection to ensure residency and to estimate HHW quantities. The City of Milton shall also notify the appropriate emergency response teams before the collection event. III. Indemnity and Insurance The Contractor is an independent Contractor. The Contractor, its officers, agents or employees are not considered employees of the City of Milton for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City of Milton employee under state of local law. 2. The City of Milton assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Contractor, its employees and/or others by reason of the Contract. The Contractor shall protect, indemnify and hold harmless the City of Milton and its officers, agent and employees for and against any and all claims, costs and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Contractor of work, services, materials, and/or supplies by Contractor employees or other suppliers in connection with or in support of the performance of the Contract. 3. The Contractor further agrees that it is financially responsible for and will repay the City of Milton all indicated amounts following an audit examination on which reveals errors due to the negligence, intentional act and/or failure for any reason to comply with the terms of the Contract by the Contractor, it officers, employees, agents and/or representative. The Contractor shall protect, defend, indemnify, and hold harmless the City of Milton, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, and/or agents. The Contractor agrees that its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by or on 13-CD02 Page 6 behalf of any employees or agents. 4. Contractor shall procure and maintain for the entire duration of the event insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or Sub -contractors. The Contractor or Sub- contractor shall pay the cost of such insurance. The Contractor may furnish separate certificates of insurance and policy endorsements for each Sub -contractor as evidence of compliance with the insurance requirements of the Contract. 5. Contractor shall provide a copy of public Liability Insurance covering the period of its occupancy and uses of the premises, obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, with limits of not less than $1,000,000.00 for all damages arising out of bodily injuries or death of two or more persons in any one accident, and a limit of not less than $2,000,000.00 for all damages to or destruction of property in any one accident. This public liability policy shall insure the City and the Licensee against any liability, damage, claim or demand in any way arising out of or in connection with Licensee's occupancy or use of the premises under this agreement. Licensee shall furnish the City with a copy of the policy and evidence of full payment of the premium thereon prior to occupancy and use of the premises, and said policy shall have a clause showing that the insurance is in force and cannot be cancelled prior to the occupancy and use of the premises by the Licensee in the absence of written notice by the insurer to the City prior to the occupancy and use of the premises. 6. Per our standard contract, the selected Contractor will execute an affidavit referenced in O.C.G.A. § 50-36-1 (SAVE AFFIDAVIT). IV. RESPONSE FORMAT Responders are required to submit their proposals in the following 6 page format. Page 1. Contractor must provide a brief description of the firm and its specific expertise in HHW projects. List three references of similar HHW events it was employed to conduct within the last 5 years, with contact information for the program manager. Page 2. Contractor must provide a narrative of the process and procedures describing the method of handling the HHW at the site and how the various items of HHW accepted will be inventoried and manifested. Include a typical event set up 13-CD02 Page 7 plan. Page 3-4. Contractor must provide a Contingency Plan to include the following elements: a. Describe provisions for the prevention of environmental contamination, the management and cleanup necessary, the prevention of explosions, fire or the release of toxic or hazardous substances. Include provisions on protecting storm water drains. b. Describe how the following will be handled: unknown wastes, inclement weather, spills of hazardous waste and accidents. c. Provide a typical or generic site health and safety plan. Designate a Health and Safety Officer to oversee the Health and Safety Plan. d. List all the emergency equipment and supplies proposed to bring to or provide at the site; list the names and telephone numbers of local emergency agencies, and the City of Milton, and federal agencies that must be contacted in the event of a fire, spill or other release at the collection site. e. List all of the equipment and/or supplies the contractor requires or expects the City of Milton, and other public and private agencies to bring to or provide at the sites. f. Describe provisions for material that could be dropped off after the closure of the event. Page 5. Contractor must provide pricing of the quantities set forth on the "Proposal Response Form' (Attachment A). Event costs shall not exceed the budgeted amount of $11,000. Page 6. Contractor must provide a narrative of the procedures for monitoring the quantities of collected materials and adherence to the City of Milton's budget. A. Qualifications and Experience: 1. The contractor shall demonstrate that it has substantial expertise in all areas relating to the collection, handling, packing, lawfully transporting, recycling, reusing, treating, and/or disposal at an approved facility of HHW. B. Expenses of Preparing Responses to this RFP The City of Milton accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. All information submitted in your response to this RFQ shall be subject to the Georgia Open Records Act and shall not be deemed to be confidential unless otherwise stated in the submission by reference to specific provisions that apply as specific exceptions to the Open Records Act. 13-CD02 Page 8 V. EVALUATION CRITERIA 50% Price (Page 5 of Response Format) 50% Qualifications and proposed plans (Pages 1-4, 6 of Response Format) THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE INFORMALITIES. 13-CD02 Page Attachment A 13-CD02 Page 10 Proposal Response Form Household Hazardous Waste and Paint Collection City of Milton .*Primary Estimated Method of Quantity Item Waste Description Disposal in Pounds ••'Price Per/Pound $Total Price Base Oil based paint, stains, thinners and 1 paint strippers, solvents and varnishes, 9200 wood preservatives la Aerosol/spraypaint 500 2 latex and water based paints 6000 Mercury 3 Mercury salts and elemental mercury, 50 thermometers, thermostats, and other mercu ry contai ning items 3a Fluorescent bulbs and ballasts 200 Lawn care products 4 Poisons, insecticides, we ed killer and 2000 pesticides, Aerosol/spray pesticides Automotive Products 5 Engine Degreaser, Brake Fluid, 200 Transmission Fluid, etc. Cleaner, Corrosives, and oxidizers 6 Cleaners, Spot Removers, Acids and 600 Bases 6a Oxidizers 200 Flammables 7 Lighter Fluid and Waste Fuels(As 500 Kerosene, Gasoline, Diesel, etc. Batteries B Household and rechargeable 150 Mobilization charges, including all 9 labor, equipment, supplies, insurance $ and/or additional charges. Total Price $ Attach appropriate supporting documentation "Primary method of disposal (i.e. recycle, reuse/fuel blend, incineration, landfill Collection, handling, transportation, and disposal. Actual Price will be actual auant't'es times "P ' d" Company Name and TIM e of Person to authorized to sign Signature Date 13-CD02 Page 10 EQ — The Environmental Quality Company RFP 13-CDO2 Submittal "HOUSEHOLD PAINT AND CHEMICALS COLLECTION EVENT (HPCC) City of Milton August 3, 2013 EQ - The Environmental Quality Company is pleased to provide the following bid for a Household Hazardous Waste Collection Day. Our company is an experienced Household Hazardous Waste management contractor and has significant experience working with government agencies and provides a high level of service and indemnification for HHW partners. The importance of having a safe and competent contractor is inherent in the success of a HHW collection event. Our experience as the current contractor for many contracts similar in scope of work will ensure the consistent delivery of a safely managed event and contract. Of equal importance to a successful HHW program is the contractor's sensitivity to eliminating the customer's future waste disposal liability. Waste disposal is managed with the strictest controls possible to ship waste to only generator -approved facilities. In our proposal you will notice several highlights: company commitment to safety (ISO certifications), vast experience, EQ -owned TSDF's and ultimate disposal facilities and liability insurance limits unmatched in the industry ($35 million policy). All waste collected at your HHW event will be routed to either our EQ Detroit, EQ Florida or EQ Atlanta TSDF's. Your manifests will terminate at one of these facilities. Unlike some of our competitors EQ will not ship your collected waste without an applicable RCRA designation for direct landfill utilizing a household waste exemption. Upon award a complete facility list will be provided outlining your waste materials disposition from the point of collection through final disposal facility. The City may request audit packages for facilities utilized in the execution of the project, Due to variations in secondary facilities utilized, EQ requests that secondary facility information be provided upon intent to award. All EQ facility information including permits and operational outlines may be found at www.egontine.com. We appreciate the opportunity to offer our superior hazardous waste disposal services and look forward to a long-lasting relationship. Please do not hesitate to contact me at (404) 346-6862 should you have any questions regarding this proposal. Sincerely, Bubby Dean, General Manager EQ — The Environmental Quality Company Project Experience and References CITY OF ROSWELL GEORGIA Mrs. Janet Liberman 36 Hill Street Roswell, GA 30075 (770) 594-6451 ROME 1 FLOYD COUNTY SOLID WASTE Mr. Mark Skeggs 405 Watters St. Rome, GA 30165 x(706) 291-5266 CITY OF ALPHARETTA GEORGIA Mrs. Terry Porter 2 South Main Street Alpharetta, GA 30009 (678)297-6200 HHW Operation Plan The scope of work includes: (a) Set -Up and Tear Down of the Work Site, (b) Collection/Handling of Household Hazardous Wastes, (c) Segregation / Consolidation of Wastes, (d) Packaging, Manifesting, and Labeling Waste for Transportation, (e) Transport and Disposal of Wastes. (a) Site Set up and Tear Down This scope of work will involve the arrangement of transportation vehicles, processing areas, waste containment equipment, organization of traffic flow and overall site preparation. All EQ site personnel will be involved in the assembly of the HHW tent or designated processing area, with protective visqueen or tarps secured to the ground to protect from incidental release of chemicals. Paint roll -offs will be positioned according to the site map prepared by the Project Manager. Traffic cones and signs will be placed to assist in the traffic flow. All Personal Protective Equipment and spill control materials will be readily accessible to site personnel. Upon completion of the collection event, all equipment and supplies will be decommissioned and the site returnedto its original condition. (b) Collection/ Handling of Household Hazardous Wastes This scope of work will require the physical handling of a variety of wastes from the vehicles in the drop off area to plastic wheeled carts. After the material is off-Ioaded, the vehicles will be directed to the exit. The waste on the carts will be processed through the Segregation / Consolidation Area for packaging and shipment off site, Paint waste will be segregated into the appropriate roll -off and recyclable material will be consolidated for ofF site shipment. Chemical wastes for packaging will be arranged on the designated segregation tables. (c) Segregation/Consolidation of Wastes This scope of work will require the physical handling of a variety of wastes from the carts into drums and other containers. The waste on the carts will be processed through the Segregation / Consolidation Area for packaging and shipment off site. It is of critical importance that items be properly identified so that they can be packaged with compatible items. If at any time a chemical cannot be identified, the senior field chemist will determine proper handling of the material. (d) Packaging, Manifesting and Labeling Wastes All segregated material will be packaged according to DOT shipping requirements. Vermiculite will be added to the containers to minimize the impact of each container and absorb incidental release of chemicals during shipment. The appropriate RCRA and DOT labels will be affixed to the sides of the containers along with the Container Content Sheets. After each container has been weighed, a drum log of all weights will be created. All containers will be manifested and prepared for shipment. (e) Transportation and Disposal of Wastes This scope of work will require using a truck mounted lift gate for the loading of all collected hazardous wastes. Any necessary placards will be affixed to the trucks or roll -off boxes. Finally, the safe treatment and disposal of collected hazardous waste will be in accordance with all applicable State and Federal regulations. CONTINGENCY PLAN (EMERGENCY) All EQ employees have reviewed and are familiar with the EQ Contingency Plan. "Hands on" operations personnel involved in hazardous waste handling, transportation, emergency response; storage, or treatment have successfully completed a program of classroom instruction or on-the-job training that teaches the implementation of the Contingency Plan. Spill and emergency response: • EQ utilizes a protective poly sheeting at each HHW Site in order to prevent contamination of the working surface (parking lot, concrete or asphalt pad). • EQ maintains a supply of spill response equipment throughout each HHW set up. This material includes spill pads, absorbent media, and DOT rated containers to package any leaking or damaged materials. ' • EQ will utilize spill "socks" or berms in order to protect any storm drains in the event 'of a spill. • EQ also requires and utilizes type ABC fire extinguishers to be on site during the event. There are extinguishers in each vehicle which can be used for extinguishing fires in the incipient stages. • Unknown wastes will be identified on site by our Field Chemist utilizing a "hazcat" categorization procedure. This includes testing the physical and chemical properties of the materials. • Inclement weather such as rain will be handled accordingly with a canopy for employees to work under and/or tyvek suits or rain slickers. • In the event of a thunderstorm or lighting, the site will be temporarily shut down until the storm has cleared the area and it is deemed safe to resume work. For further details regarding this, please see the attached site Health and Safety Pian. The Health and safety plan will be overseen by the Field Services Manager/Project Manager • In the case of a reportable fire, spill, release or other emergency situation, EQ will utilize the 911 -- emergency services system in order to notify the local Fire and/or Police Department. • EQ will also follow the Emergency Action Plan in the event of an environmental release. Available electronically if required. • In the case of a late or after hours drop off of material from a resident, EQ will add this material into the current inventory on site. If the site has closed and EQ is no longer present, a separately scheduled pick up will be required, this is outside the scope of this 1 day HHW Event and will need to be handled as a separate project. Supplies and Equipment provided by EQ. EQ will provide all of the necessary equipment and material for setting up and operating. an HHW mobile collection event. Standard HHW equipment includes: Collection Tents (20' x 20' and 20' x 40' where necessary) ✓ Segregation Tables with protective covering ✓ Protective Tarps and Visqueen for segregation and consolidation areas" Carts for offloading chemical waste from vehicles ✓ Fluorescent Cones to direct traffic flow ✓ Signs for advertising, traffic flow; and site safety ✓ Roll -off containers with liner and tarp cover ✓ 20 cubic yard box — oil based and latex paint Fork Lift for maneuvering roll -off or pallets (when necessary) ✓ All Containers and Packing Media for on-site packaging of waste ✓ 85 -gallon over -pack drums 55 -gallon drums 30 -gallon drums ✓ 5 -gallon pail ✓ cubic yard boxes (triwall) pallets ✓ vermiculite ✓ fluorescent bulb tubes (8ft & 4ft) ✓ drum liners ✓ grounding straps (for bulking of flammabies) ✓ Fire Prevention Extinguishers (ABC dry chemical) ✓ Personal Protective Equipment ✓ Tyvek suits ✓ Full Face Respirators (w/ HEPA cartridges) ✓ SCBA's (2) ✓ Poly Aprons ✓ Safety Goggles ✓ Latex; Nitrile and leather gloves ✓ Eyewash Emergency Shower ✓ First-aid kit and CPR supplies ✓ Spill Containment Supplies and Equipment Portable scale for weighing drums, if necessary (Dept. of Ag. calibrated) Trucks equipped with lift gates ✓ HazCat kit for identification of unknowns (pH paper, flash point, etc.) ✓ Non -sparking tools; (shovels, hammers) ✓ Emergency Airhorns Supplies to be provided by the City of Milton • The host location should provide the necessary facilities for employee use throughout the day, • A standard garbage type dumpster will be required on site for cardboard, plastic, and paper which is not to be disposed as waste. Attachment A Proposal Response form Household Hazardous Waste and Paint Collection City of Milton '*Primary Estimated Method of Quantity Item Waste Description Disposal in. Pounds .."Prim Per/Pound $Total Price Base Oil based Paint, stains, thinners and 1 paint strippers, solvents and varnishes, 920D wood. preservatives Fuels Blend $.45 $4140.00 la Aerosol/spray paint Fuels Blend 500 $.97 $480..00 2 Latex and water based paints Landfill 60M $.15 $900.00 Mercury 3 Mercury salts and elemental mercury, 50 thermometers, thermostats, and other mercury containing items Recycle $5.55 $277.50 3a. Fluorescent bulbs and ballasts Recycle .200 $.37 $74.00 Lawn care. products 4 Poisons, insecticides, weed killer: and 20M pesticides, Aerosol/sprav Pesticides Incineratio $.96 $'.1920..00 Automotive Products 5 Engine Degrease r, Brake Fl uid, 200 Transmission Fluid, etc Recycle $.15 $30.00 Cleaner, Corrosives, and Oxidizers 6 Cleaners, Spot Removers, Acids and 600 Bases Treatment $•45 $270:00 68 Oxidizers Incineration 200 $1.0.9 $218.00 Flammables 7 Lighter Fluid and Waste Fuels(As .500 .Kerosene, Gasoline, Diesel, etc Fuels Blend $,$2 $310.00 Batteries 8 Household and rechargeable Recycle 150 $,49 1 $73.50 Mobilization charges, including all 9 labor, equipment, supplies, insurance $ 2286.00 :and/or additional charges. Total Price $10 979.00 Attach appropriate supporting documentation **Primary method of disposal (i.e. recycle, reuse/fuel blend, incineration, landfill ... Collection, handling, transportation, and disposal. Actual price will be actual luanjitieg.times "Prim as rPound" oa The environmental .Quality comFaay Jason Stanley, Field services Manager Company Name and Title of Person to authorized to sign 5' atu 6/7/2013 Date Maintaining Budget and tracking costs on site: • EQ will rely on the City of Milton to track the count of cars throughout the event, checking this hourly with the on site representative to ensure we have not exceeded the anticipated number of participants. • EQ will work off of the provided estimated volumes in order to stay within the City of Milton's budget, • EQ will notify the on site contact when we are approaching 90% capacity of any line item on the quote. At this point, EQ and the on site contact will make a decision based on volume as to how many more participants will be accepted. • EQ will use a running container log and estimated average weight per container by waste stream. This average weight will be based upon historical data from the events we have performed in the past. This average will be periodically weight checked utilizing the EQ provided scale., • The latex paint waste will be containerized into a roll off container. EQ utilizes a formula for calculating this weight by the volume in the roll off container, This will be monitored as the container is filled. • EQ will make every attempt to accept the most participant waste as Possible, while meeting the City of Milton's budget. Exhibit "B" Insurance Certificate Chartis Specialty Lines Insurance 26883-001 New Hampshire Insurance Company 23841-002 Chartis Specialty Lines Insurance 26883-002 Illinois National Insurance Company 23817-001 Commerce and Industry Insurance Company 19410-006 877-945-7378 888-467-2378 certificates@willis.com Willis of Michigan, Inc. c/o 26 Century Blvd. P. O. Box 305191 Nashville, TN 37230-5191 36255 Michigan Ave Wayne, MI 48184 X X XCU IncludedX $100,000 DeductibleX X 1,000,000 300,000 25,000 1,000,000 2,000,000 2,000,000 A PROP57666391 8/1/2012 8/1/2013 B CA1955437 8/1/2012 8/1/2013 X X X 1,000,000 B CA7557770 8/1/2012 8/1/2013 X X X 10,000 25,000,000 25,000,000 C PROU57666618 8/1/2012 8/1/2013 X 1,000,000 1,000,000 1,000,000 D WC006506646 1/1/2013 8/1/2013 $35,000,000 Each Incident $35,000,000 Aggregate Pollution Legal Liability E PLS2673560 8/1/2012 8/1/2015 See Attached EQ The Environmental Quality Co 01/29/2013Page 1 of 2 19306331 . . . For Information Purposes Only Coll:3990276 Tpl:1579706 Cert:19306331 DATE (MM/DD/YYYY) PRODUCER INSURED INSR ADD’L SUBR POLICY EFF POLICY EXPTYPE OF INSURANCE POLICY NUMBER LIMITSLTRINSRD WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY Y / N N / A (Mandatory in NH) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE CONTACT NAME: PHONE FAX (A/C, NO, EXT):(A/C, NO): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: EACH OCCURRENCE DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-POLICY LOCJECT $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY(Per person)$ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY(Per accident)$ NON-OWNED AUTOS PROPERTY DAMAGE $(Per accident) $ EACH OCCURRENCEOCCUR CLAIMS-MADE AGGREGATE $ $ DED $RETENTION $ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL REMARKS SCHEDULE AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: 142350 Page 2 of 2 Willis of Michigan, Inc. See First Page See First Page See First Page EQ The Environmental Quality Co 36255 Michigan Ave Wayne, MI 48184 25 CERTIFICATE OF LIABILITY INSURANCE Excess Pollution Legal Liability Policy No: EXCG24881209002 Policy Period: 08/01/2012 - 08/01/2015 Carrier: ACE American Insurance Company Limits: $15,000,000 Each Claim $15,000,000 Each Aggregate Contractors Equipment Policy No: MXI93021643 Policy Period: 08/01/2012 - 08/01/2013 Carrier: AGCS Marine Insurance Company Limits: "All Risk" subject to policy conditions $14,174,377 Scheduled Limit $500,000 Leased/Rented Equipment Contractors Pollution and Professional Liability are included under General Liability. Umbrella is excess over Contractors Pollution and Professional Liability. Coll:3990276 Tpl:1579706 Cert:19306331 STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONTRACTOR AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Sao 7a7 EEV /Basic ilot Program User r Identification Number -71d13 Y: Authorized Officer or Agent Date EQ THE ENVIRONMENTAL QUALITY COMPANY f're,,\dex-yt- , CE® Title of Authorized Officer or Agent of Contractor "tom t d w,s1L Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THI$ THE ski DAY OF i 1 I t � � tary Public y Commission Expires: --- 2013 JODIE L ESTES Notary Public - Michigan Wayne County My Commission Expires Aug 3, 2019 Acting in the County of STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" 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 (name of contractor) on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub - subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 3 aUla-7 EEV / Basic Pilot Program Use • dentification Number 13`Authorized Orf-icefor Agent Date EQ = tY�2 Erw\MV\0\4MCt) QlV Insert Subcontractor Name ' J P PnAo-yt i C_to Title of Authorized Officer or Agent of Subcontractor -Dow\d LVSV_ Printed Name of Authorized Officer or Agent BEFORE ME ON THIS THE 1� DAY OF 1201-!t7 n JOOIE L ESTES Notary Public - Michigan. Wayne County My Commission Expires Aug 3, 2019 Acting in the County of HOME GF 'THE BEST QUALITY OF LIFE 1N GEORGIA' MILTON* LS I AI31 1 S I E ED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Kittelson & Associates, Inc. for Birmingham Road at Hopewell Road Roundabout Peer Review. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (VAPPROVED CITY A TTORNEY APPROVAL REQUIRED:} YES CI TY A TTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY (VAPPRO VED`` PLACED ON AGENDA FOR: 0 �7 I 1!Z I z REMARKS ()NOTAPPROVED () NO () NO (} NOTAPPROVED 91 Yau E u. ., 5 2017 * * foP 466 PHONE: 678.242.25001 FAX: 678.242.2499 � '' ,.Green -v info@cityofmiitonga.us I www.cityofmiitonga.us CommunityEhs# 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on July 2, 2013 for the July 15, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Kittelson & Associates, Inc. for Birmingham Road at Hopewell Road Roundabout Peer Review ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: This agreement is to provide a peer review of the proposed roundabout design for the intersection of Birmingham Road at Hopewell Road. Roundabouts are still new in the Atlanta area and peer reviews identify possible improvements to the design from a firm with national experience. It is now a requirement of Georgia Department of Transportation (GDOT) roundabout projects to require a peer review. GDOT has a list of approved roundabout peer review firms. Kittelson is the firm that has been used on other Milton/GDOT projects and was selected for this task for professional services. The work to be completed under this Agreement will include a concept level peer review of the operational analysis and horizontal design. The work also includes meetings and documentation. 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 6/19/2013 Attachment(s): Professional Services Agreement HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' MILTION 't ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS BIRMINGHAM ROAD AT HOPEWELL ROAD ROUNDABOUT PEER REVIEW This Professional Services Agreement (the "Agreement") is made and entered into this day of , 201_9 by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and KITTELSON & ASSOCIATES, INC. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. 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: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT EXHIBIT E 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. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as providing a peer review of the proposed roundabout design at the intersection of Birmingham Road at Hopewell Road. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually Page 1 of 5 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 $4,000 (the "Contract Price"), except as outlined in Section 4 above. 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. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant 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. B. Responsibility of Consultant and Indemnification of CitX: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent 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, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties 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 by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory Page 2 of 5 bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Justin Bansen shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant 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 sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with 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 City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. 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. C. 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. D. 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 Exhibit "C" and "D", that it and Consultant'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 Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant and Consultant'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 Page 3 of 5 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 subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant'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 Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subcontractor 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 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. Consultant agrees that, in the event the Consultant employs or contracts with any subcontractor(s) in connection with this Agreement, the Consultant will secure from the subcontractor(s) such subcontractor(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 contractor's affidavit attached as Exhibit "C." 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. E. 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 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 (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 "E", and submitted such affidavit to the City in person, electronically, 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). F. 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 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 have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 4 of 5 [KITTELSON & ASSOCIATES, INC.] Signature: Printed Name: V u r"� n e •? Title: ksso c ;'c-: 6 e OFF- c•e 41ary - c- ex-, [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 5 of 5 Exhibit "A" Work Description KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING / PLANNING 225 E Robinson Street, Suite 450, Orlando, FL 32801 407.540.0555 407.540.0550 June 18, 2013 Project #: 13686.p City of Milton Sara Leaders 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 RE: Peer Review for Proposed Roundabout We are pleased to submit the attached proposal for transportation engineering services associated with reviewing the proposed partial multi -lane roundabout at the intersections of Birmingham Road and Hopewell Road in Milton, Georgia. Part "A" identifies our proposed scope of work for the project. This scope was developed based on our discussions with you. Our work activity will be focused on the review the horizontal design concept (prepared by Pond) for the partial multi -lane roundabout and provide redline markups to illustrate findings. Our review will be focused on flagging potential issues with the design and identifying possible improvements that could be further explored by the project team. We propose to conduct the work on a lump sum basis for a fee of $4,000. I will serve as the Project Manager and Ed Myers, P.E. will serve as the Project Principal providing senior review and quality assurance. Any questions of a technical or contractual nature can be directed to either Ed or me. Thank you for the opportunity to propose on this project. If you have any questions please call us at (407) 540-0555. Sincerely, KITTELSON & ASSOCIATES, INC. l Justin Bansen, P.E. Associate Engineer Roundabout Peer Review Project #:13686.p June 18, 2013 Page: 2 of 2 Part A - Scope of Work Task 1 - Concept -Level Peer Review 1. Operational Analysis KAI will review the operational analysis (prepared by Pond) for the proposed roundabouts for design year traffic conditions. The intent of the review is to verify that the proposed lane configurations (partial multilane roundabout with right -turn bypass lane on SB approach) are appropriate for the forecast design year volumes. 2. Roundabout Design Peer Review KAI will review the horizontal design concept developed by Pond and will provide redline markups to illustrate identified issues or potential areas of design refinement that might be further explored by the project team. The review will be conducted based upon the design principles outlined in NCHRP Report 672, Roundabouts: An Informational Guide - 2nd Editions and as augmented by KAI's practical and research experience. 1. KAI will review the horizontal design related to the following design objectives: a. Fastest Path Speeds - KAI will verify that the proposed design meets performance objectives for fastest path speed control. b. Design vehicle accommodation - KAI will review the design vehicle swept path to verify that the roundabout designs adequately accommodate the design vehicle for each of the turning movements. Design vehicle checks will be provided by Pond or the City of Milton for KAI's review. c. Natural Vehicle paths - KAI will review the multilane entries to verify that the design provides appropriate alignment of vehicles into their correct lanes upon entry and exit. d. Multimodal accommodation (pedestrian and bicycle features) 3. Meetings and Documentation KAI will provide redline mark-ups to illustrate any comments related to the horizontal design. Redlines will be submitted in PDF format via e-mail. KAI will also include a brief bullet -point summary of key issues in memo format to document the results of the review. KAI will participate in one phone conference call to discuss the results of the review and clarify any questions that the project team may have with addressing the comments. This scope does not include preparatory time (graphics and handouts) or attendance time for any public hearings or meetings. All client requests for additional presentations and meetings of this nature will be accommodated on a time -and -materials basis and will be considered out - of -scope work. Kittelson & Associates, Inc. Orlando, Florida Exhibit "B" Insurance Certificate Client#: 763494 KITTEASC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMID D/YYYY) 6/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kibble & Prentice, a USI Co PR 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT NAME: PHONE 206 441-6300 FAX ,Ext: A/c, No :610-362-8528 -MAIL ADDRESS: PL.Certrequest@kpcom.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Casualty Insurance Com 29424 INSURED Kittelson & Associates, Inc. INSURER B: Travelers Casualty and Surety o 31194 INSURER C: XL Specialty Insurance Company 37885 610 SW Alder Street Suite 700 Portland, OR 97205 INSURER 13: Hartford Underwriters Insurance 30104 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY 52SBAUQ5445 1/01/2013 01/01/2014 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY PREMISESOEa occurr0ence $300,000 CLAIMS -MADE � OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X Business Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC JECT $ D AUTOMOBILE LIABILITY 52UECVZ2830 1/01/2013 01/01/201 EaINED acccdentSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? [N] N / A UB4002T187 UB4002T612 1/01/2013 01/01/2014 X I WORYTLMITS EERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional DPR9704439 12/30/2012 12/30/2013 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: KAI PN 13686 - Birmingham at Hopewell Roundabout Review. This Certificate is issued in respects to above referenced. CERTIFICATE HOLDER CANCELLATION City of Milton 13000 Deerfield Parkway Suite 107H Milton, GA 30004 ACORD 25 (2010/05) 1 Of 1 #Sl0324919/M9138235 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GNGZP STATE OF GEORGIA CITY OF MILTON EXHIBIT "4U CONSULTANT 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. § 13-10-91. 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, 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-.08 in the form provided by the City. 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. 1;S 0 '?o EEV / *sic Pilot Program User Identification Number BY- uthoriz Officer or Agent Date KI ELSON & ASSOCIATES, INC. �Sv�iGt�c �i4 �'rs1C'C� U� �''•nGYL 1 'Cr J"`o-nt�y-C!� Title of Authorized OfWer or Ag nt of Contractor JuSTf-'t 3e7nS'C':1 Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE a'e DAY OF -��nrl , 2013 Notary Public My Compussign Expires: DpMpfl1SRAMiRQ MYCOMMISSIOR#EE889rt98 ' EXPIRES: Match 26,2917 ?a•. ublic Ui�envcitets Bonded Thru Notary P STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" 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 KITTELSON & ASSOCIATES, 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 / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Insert Subcontractor Name 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 1201— Notary 201_Notary Public My Commission Expires: STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" 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 following with respect to my application for a public benefit: 1) X I am 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: __ Dr- ve,-5 Z; c: e,s'e 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 Q rl oLn cro (city), r-'! c/41- (state). Sig1rature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 0 AY OF "S�n� , 20 t3 NOTARY PUBLIC My Commission Expires:Z DAMARIS RAMIREZ 5, :n MY COMMISSION # EE 869498 EXPIRES: March 26, 2017 Bonded Thru Notary Public Underwriters HC7ME DF `THEBEST CLJALIT! DF LIFE IN GEORGIA' M1 LTON* ESTALtLiSHE D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Proclamation Recognizing George Ragsdale. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NO CITY ATTORNEY REVIEW REQUIRED: (j YES ) NO APPROVAL BY CITY ATTORNEY ()APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: d -7 REMARKS #�� PHONE: 678.242.25001 FAX: 678.242.2499• Green r' *c�fl� * Tnp44L infoOcityofmiltonga.us I www.cifyofmilfonga.us rMu�u Community, y, sf , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — cERnfieo BRONZE - }o;� Recognizing George Ragsdale WHEREAS, George Ragsdale has been a valued resident of Milton, Georgia and has lived in this area for 17 years; and WHEREAS, he is a graduate of Cornell University with a degree in law; and WHEREAS, Ragsdale served this community as a member of Fulton County’s Rural Preservation Steering Committee, Birmingham Village Steering Committee, Focus Fulton 2025 Comprehensive Plan Committee and Blue Ribbon Commission; and WHEREAS, he led the charge for Milton’s incorporation, serving as Chairman of Fulton County Commissioner Lynne Riley’s Milton Advisory Committee; and WHEREAS, once Milton incorporated in December, 2006, Ragsdale served as Chairman of both the Planning Commission and Comprehensive Plan Advisory Committee and served vital roles on the Crabapple Form Based Code Steering Committee, Highway 9 Form Based Code Steering Committee, Highway 9 LCI Study Committee and Milton Charter Review Commission with dedication, integrity, leadership, commitment and distinction; and WHEREAS, Ragsdale’s pending retirement plans have recently been accelerated causing him to move from Milton; and WHEREAS, his leadership, dedication and commitment will be missed in Milton; and WHEREAS, Ragsdale has been a driving force in the formation of the City of Milton and a major contributor to its growth and its recognition as having the Best Quality of Life in Georgia. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize George Ragsdale for his time and commitment to the City of Milton and thank him for his hard work. Given under our hand and seal of the City of Milton, Georgia on this 15th day of July, 2013. Mayor Joe Lockwood __________________________ Councilmember Karen Thurman Councilmember Bill Lusk __________________________ __________________________ Councilmember Matt Kunz Councilmember Burt Hewitt __________________________ __________________________ Councilmember Joe Longoria Councilmember Lance Large __________________________ __________________________ ap HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA'LTON* M1 TO: City Council ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2013; and for Other Purposes. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WPPROVFD {] NOTAPPROVED CITY ATTORNEY APPROVAL. REQUIRED: { J YES VNO CITY A TTORNEY REVIEW REQUIRED. (} YES P NO APPROVAL BY CITY ATTORNEY ()APPROVED { } NOT APPROVED PLACED ON AGENDA FOR: REMARKS 91 YAM PHONE: 678.242.2500 FAX: 678.242.2444 1 rice 7J green -v Community * CcnifEra c F lnfoCcityofmiltonga.us I www.cifyofmiltonga.us Ethic Ethics 13000 Deertleld Porkway, Suite 107 1 Milton GA 30004 ""'"'E' bHo"x` "s` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 18, 2013 for the July 15, 2013 Regular Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2013; and for Other Purposes. ____________________________________________________________________________________ Department Recommendation: Adopt the ordinance to establish the ad valorem tax rate of the City of Milton for fiscal year 2013. Executive Summary: The fiscal year 2013 millage rate must be approved via ordinance before tax collection can begin. The City received the estimated consolidation digest from Fulton County on June 12, 2013. In order to meet the advertising requirements and have the millage rate approved prior to September 1, when tax bills are scheduled to be m ailed, the first reading of the ordinance will occur on July 15, 2013 with the consideration for adoption to occur on August 5, 2013. The estimated consolidated digest is showing a decrease in the reassessments of property values of 1.87%; however, new improvements added to the digest will offset this. The result is essentially a flat digest over the previous year. We are required to advertise an increase in property taxes only when the millage rate increases or when the reassessments cause an increase in the digest. Neither of these circumstances occurs this year. The City is required to advertise the current 2013 tax digest and five year history of levy two weeks prior to the adoption of the millage rate. This advertisement will appear in the July 17, 2013 edition of the Milton Herald. Funding and Fiscal Impact: The property tax revenues were estimated to be $7,980,000 in the fiscal year 2013 budget based on a millage rate of 4.731. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $8,654,000. To meet the budget estimates, the collection rate will have to exceed 92%. Given that the collection rate over the past two years has been around 96%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Page 2 of 2 Attachment(s): Advertisement - Current 2013 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2013; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the City of Milton, Georgia calculated a rollback millage rate as defined within State of Georgia law, demonstrating the proposed millage rate is less than the rollback millage rate; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2013 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2013. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at the regularly-scheduled council meeting on August 5, 2013 at 6:00 p.m. and pursuant to the requirements of O.C.G.A § 48-5-32 et seq., the City does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax di gest and levy for the past five years. Current 2013 Tax Digest and 5 Year History of Levy Incorporated City of Milton 2008 2009 2010 2011 2012 2013 Real & Personal $2,106,513,940 $2,138,900,336 $2,053,385,022 $1,976,153,262 $2,002,141,290 $1,991,826,430 Motor Vehicle $98,030,130 $115,598,780 $101,093,870 $104,790,450 $116,670,630 $125,271,430 Mobile Homes $0 $0 $0 $0 $0 $0 Timber – 100% $0 $0 $0 $0 $0 $0 Heavy Duty Equipment $4,830 $6,748 $6,584 $6,584 $0 $0 Gross Digest $2,204,548,900 $2,254,505,864 $2,154,485,476 $2,080,950,296 $2,118,811,920 $2,117,097,860 Less M & O Exemptions $153,483,500 $150,643,390 $158,169,430 $163,889,783 $161,283,460 $162,615,270 Net M & O Digest $2,051,065,400 $2,103,862,474 $1,996,316,046 $1,917,060,513 $1,957,528,460 $1,954,482,590 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied $9,703,590 $9,953,373 $9,444,571 $9,069,613 $9,261,067 $9,246,657 0 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' -,M1tT0-N% ES JAB LI S I I E 1) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Consideration of RZ13--14 — 13175 Hopewell Road, Duke Land Group, LLC, to Rezone from AG -1 (Agricultural) to R-3 (Residential) to Develop 11 Single Family Lots on 9.04 Acres. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () Y CITY ATTORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY () AP PLACED ON AGENDA FOR: REMARKS 45) —7 / YES () NOTAPPROVFD (XNO V NO IED} N TAPPROVFD ►3 91 yQuin PHONE: 678.242.2500 1 FAX: 678.242.2499GreQi�10 2M infofcifyofmiltonga.us I www.cityofmci lltonga.us Community Lit,- ,f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - cfwr r ea 6RON2� �jZY Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 1 of 22 RZ13-14 RZ13-14 PROPERTY INFORMATION ADDRESS 13175 Hopewell Road DISTRICT, LAND LOT 2/2 1037 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-3 (Residential) ACRES 9.04 EXISTING USE One single family residence PROPOSED USE 11 Single Family Residential Units PETITIONER Duke Land Group, LLC ADDRESS 4828 Ashford Dunwoody Road, Suite 400, Atlanta, GA 30338 REPRESENTATIVE Scott Reece Brumbelow - Reese & Associates, Inc. 13685 Highway 9, Milton GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 22, 2013 RZ13-14 – DENIAL INTENT To rezone from AG-1 (Agricultural) to R-3 (Residential) to develop 11 single family lots on 9.04 acres. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 2 of 22 RZ13-14 PLANNING COMMISSION RECOMMENDATION – MAY 22, 2013 RZ13-14 – DEFER 30 TO 60 DAYS TO ALLOW FURTHER DISCUSSIONS BETWEEN THE STAFF AND THE APPLICANT REGARDING CONDITIONS OF ZONING 5-1 (Commissioner Burchett voted in the negative) Since the last meeting, the applicant’s representative met with the Public Works Director to discuss City right-of-way and cul-de-sac requirements for the proposed extension of Newtown Drive. The applicant has submitted a revised site plan dated June 17, 2013 which reflect the agreed upon changes. In addition, the locations of the proposed stormwater facility(ies) have been discussed with the Public Works Director and final location will be determined after further engineering is completed and prior to the issuance of a Land Disturbance Permit. The applicant has indicated a common area along Hopewell Road to allow for preservation of trees as recommended by the Design Review Board. The existing lot and common area comprise a total of 0.84 acres along Hopewell Road. Staff reflects the past policy for one acre lots along Hopewell Road in the Recommended Conditions. PLANNING COMMISSION RECOMMENDATION – JUNE 25, 2013 RZ13-14 – APPROVAL CONDITIONAL - 5-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 3 of 22 RZ13-14 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 4 of 22 RZ13-14 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 5 of 22 RZ13-14 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 6 of 22 RZ13-14 REVISED SITE PLAN SUBMITTED JUNE 17, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 7 of 22 RZ13-14 SITE PLAN SUBMITTED ON APRIL 2, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 8 of 22 RZ13-14 Looking north along Hopewell Road at subject site Inter-parcel access from Milton Place into subject site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 9 of 22 RZ13-14 SUBJECT SITE AND BACKGROUND: The subject site contains 9.04 acres. It is developed with a single family residence zoned AG-1 (Agricultural) that will be demolished for the proposed development. The site is located within the “Agricultural, Estate Residential, and Equestrian” designation of the City of Milton 2030 Comprehensive Plan Map. The applicant is requesting a rezoning to R-3 (Residential) to develop 11 single family residences at an overall density of 1.22 units per acre. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 17, 2013, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-508 R-3 (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 50 feet 50 feet Minimum side yard as follows: Adjacent to interior line: 10 feet Adjacent to street: 20 feet 10 feet 20 feet Minimum rear yard – 35 feet 35 feet Minimum lot area – 18,000 sq.ft. 18,000 sq.ft. Minimum lot width shall be 100 ft. 100 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For two-story dwelling: 1,320 sq.ft. or For more than two story dwelling: 1,320 square feet with 900 square feet on ground floor. Per the letter of intent – 2,500 sq.ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 10 of 22 RZ13-14 LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds. The site plan does not indicate the required landscape strip and fencing. The fencing shall be a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on at least one side of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan does not indicate the required sidewalks, but a condition is included to provide a sidewalk on at least one side of the street. The applicant has submitted a letter requesting that public sanitary sewer be served to the subject site. It is attached at the end of the Staff report for review. The subject site is not included in the Intergovernmental agreement between Fulton County and the City of Milton to provide sewer service within certain properties of the City of Milton. Staff notes, that without the service of public sewer to the site, the requested minimum 18,000 square foot lots cannot be developed but minimum one acre lots served by individual septic systems can be developed. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 11 of 22 RZ13-14 wetlands, historical sites or sensitive plant and animal species. The applicant has stated the following in regards to the site: “There is a stream flowing through the eastern portion of the property that has been located and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the banks of the stream and will be protected by the buffers. The property contains a slope exceeding 25 percent west of the stream. If constructed, the subdivision would have to gain approval of a 3 phase erosion control plan and best management practices to mitigate any damage to the steep slope.” ARBORIST COMMENTS The site is heavily wooded predominately with pines in the area of proposed disturbance. There are more hardwoods approaching the stream to the east. There are two specimen trees located on site of which one shown to be removed. Specimen poplar tree 48”dbh (diameter at breast height) = 37.8 units will require 54- four inch trees. This tree is a multi-trunked and in good condition. If the tree was a single trunk, Staff would request re-configuration of the lot to preserve it, but given the position on the site and is multi-trunked, removal and recompense is acceptable. CITY OF MILTON FIRE MARSHAL A diameter of 86 feet is required for the cul -de-sac for fire apparatus. The revised site plan dated June 17, 2013 meets this requirement. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 12 of 22 RZ13-14 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 13 of 22 RZ13-14 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 14 of 22 RZ13-14 PUBLIC INVOLVEMENT On April 24, 2013 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was no one in attendance for the subject site. Public Comments – Staff has not received any phone calls or e-mails regarding this petition. PUBLIC PARTICIPATION REPORT Staff received the report on May 10, 2013. The applicant’s Public Participation Meeting was held on April 30, 2013 between 5:30 pm and 8:00 pm at the Brumbelow-Reese offices located on Hwy 9. There were four residents in attendance at the meeting. They were concerned about the size and price of the proposed homes; public versus private road; and clearing along the south property line. In response, the applicant stated that Fuqua & Associates will be building the homes and showed examples of the construction. In addition, they discussed the building setback lines and that Newtown Drive is a public street. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVI EW – MAY 7, 2012  Preserve trees along Hopewell Road or replant trees if needed. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 11 lot single family residential subdivision developed at a density of 1.22 units per acre is consistent with the adjacent development to the south; Milton Place zoned R-3 pursuant to RZ03-41 approved at a density of 1.67 units per acre. To the southeast is Coventry within the City of Alpharetta zoned R-5 (Residential) pursuant to RZ93-75 at a density of 2.92 units per acre. To the east is Hopewell Plantation within the City of Alpharetta and Milton, zoned AG-1 (Agricultural). To the north and west, there are scattered single family residences zoned AG-1 (Agricultural) that Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 15 of 22 RZ13-14 require minimum one acre lots. It is Staff’s opinion that although the proposed use and density is suitable with adjacent properties to the south and southeast, it is not suitable for properties to the north, northeast and east. In addition, the lot abutting Hopewell Road is not one acre in size as approved for other rezoning petitions along Hopewell Road (Please see chart on page 14). The other lot adjacent to Hopewell Road is proposed as a detention area. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 16 of 22 RZ13-14 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Single Family Residences 1 u/a Further North 2 RZ96-98 R-2A (Single Family Residential) Hopewell Close S/D 1 u/a 2,800 s.f. 1 acre lots along Hopewell Road East 3 (Milton/Alpharetta) AG-1 (Agricultural) Hopewell Plantation 1 u/a Southeast 4 RZ93-75 (Alpharetta) R-5 (Single Family Residential) Conventry S/D 2.92 u/a 1,400 s.f South 5 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place (Under Development) 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Further South 6 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 1,800 s.f. 1 acre lots along Hopewell Rd. Southwest 7 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D (Under Development) 1 u/a Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd. West 8 AG-1 (Agricultural) Single Family Residences 1 u/a Northwest 9 RZ94-127 R-2A (Residential) Brookshade S/D .98 u/a 2,500 sq.ft. 1 acre lots along Hopewell Rd. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 17 of 22 RZ13-14 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 18 of 22 RZ13-14 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may adversely affect existing use or usability of the adjacent properties to the north as described above. The proposed development does not provide a transition between the existing densities and uses to the north, northeast, and west. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. There is an existing curb cut on Hopewell Road via Newtown Drive that currently serves the Milton Place subdivision. The additional 11 lots will require the applicant to construct a left turn lane on Hopewell Road into the Newtown Drive. It is Staff’s opinion that the proposal will not cause a burden on transportation facilities if approved with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Agricultural, Equestrian, and Estate Residential Proposed use/density: Single Family Residential at 1.22 units per acre/INCONSISTENT Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 19 of 22 RZ13-14 The Plan Map recommends Agricultural, Equestrian, and Estate Residential for the subject site and the properties to the north and west, but Medium Density Residential to the southwest, south, and further north. The proposed R-3 (Single Family Residential ) development is inconsistent with the 2030 Comprehensive Land Use Plan Map and with previous policy to require one acre lots adjacent to Hopewell Road. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Although the proposed development is consistent with the adjacent development, Milton Place, it is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots and previous policy for one acre lots adjacent to Hopewell Road. Based on these facts, it is grounds to recommend DENIAL of RZ13-14. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense and landscape requirements. CONCLUSION The proposed 11 lot single family subdivision is inconsistent with the City of Milton’s 2030 Comprehensive Land Use Plan Map for “Agricultural, Equestrian, and Estate Residential”. Therefore, Staff recommends DENIAL of RZ13-14 to rezone from AG-1(Agricultural) to R-3 (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 20 of 22 RZ13-14 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13175 Hopewell Road with a frontage of approximately 411 feet it should be approved for R-3 (Single Family Residential) 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) Single family detached dwellings and accessory uses and structures. b) No more than 11 total dwelling units at a maximum density of 1.22 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 17, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances 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. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 21 of 22 RZ13-14 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lot developed for single family residences along Hopewell Road. b) Minimum heated floor area per unit – 2,500 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Extend 5’ concrete sidewalk that currently exists along the frontage of Milton Place subdivision along the entire frontage of the proposed development and provide for necessary drainage improvements. b) Provide a southbound left turn lane on Hopewell Road at Newtown Drive in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. c) Maintain 50’ right-of-way throughout the subdivision. d) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. e) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 15, 2013 6/27/2013 Page 22 of 22 RZ13-14 b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. c) Prior to issuance of a Land Disturbance Permit, an amended “Intergovernmental Agreement for Extraterritorial provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton” indicating sewer service to this parcel described as 13174 Hopewell Road (Parcel ID 22 495010370209) must be approved by the Milton City Council and the Fulton County Board of Commissioners. BRUMBELOW-REESE & ASSOCIATES, INC. Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 Alpharetta, Georgia 30004 Phone 770-475-6817 Fax 770-569-4948 Email: brassinc@comcast.net March 18, 2013 City of Milton, Mayor and City Council 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 Re: Sewer Connection at 13175 Hopewell Rd Dear Mayor and Council: We are representing the owner of the property located at 13175 Hopewell Road in a rezoning so she may effectively market her property. In our meetings with staff, it was brought to our attention that a new "Sewer Map" was in use and this property was not included in "sewered" properties. There is an existing sewer line that crosses the entire length of the property and was in place prior to the creation of the City of Milton. There is a manhole and projected sewer tie-in on the south property line of our property which was intended to be extended to subject property. This property appears to be situated on an island, as properties to the North, East, South, and West have all been developed with sewer. This property would all be served via gravity to the manhole located on the South property lune. This was historically the standard used by Fulton County as to sewer connectivity and was adopted by the City of Milton along with all other ordinances at the City's inception. The Fulton County Health Department guidelines require that a proposed residential subdivision must be tied to sewer if located within 1000 feet of public sewer if accessible via gravity flow. We are attaching copies of the FCHD guidelines and the Fulton Co. sewer as -built maps. We are respectfully asking that the "sewer map" be amended to include this property. Please contact us if we may clarify or answer any questions. Sincerely, jBRZLOW-FSE & ASSOCIATES, INC. cott D. Reece Field Supervisor G:\Land Projects\2012-250\documents\Sewer Letter.doc property4.php _2 _2 �2 1 —4054-4d53---__------__1 -/III f--11AO4 ,835.1 _52375 r'r '2425.2465.2 Lakes/Rivers from US Census Dept, may not match parcels exactly L-= 2012+ Parcel Sales = 2011 Parcel Sales I7--1 2010 Parcel Sales p 620 1240 1660 2460 ft Parcel: 22 495010370209 Acres: 0 HERRING SUSAN D - $ 199,100 13175 HOPEWELL RD $ 214,200 0 on 2010-08-27 Reason=U Qua]=T 0 P O BOX 67 $ 413,300 CALUMET, M149913 http://qpubiic9.qpublic.net/property4.php 3340.- 70 75 130 0 !665- 00 411 The Fulton County Assessor's Office makes every effort to produce me most accurate unUimduun PUoW-c. — —r-- - -•- -•I--- - - - --- herein, its use or interpretation. The assessment infatuation is from the last certified taxroll. All data is subject to change before the next certified taxmll. PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER FULTON COUNTY NOR ITS EMPLOYEES ASSUMI RESPONSIBILITY FOR ERRORS OR OMISSIONS ---THIS IS NOT A SURVEY --- Date printed: 03118/13: 12:45:27 1 of 1 3/18/2013 12:44 PM • ;.- � to •". .lin t�.�_ ! r__.�... 05 t tioeQ. t `— •r �,.--ems .--_-__ -' �. — •" DDoc 7 �`^ ^... ti...v-�. _ d `tiff 4•N J j� f9 C M Z5 / ,/'..r i ��_.......�r„•,,.^., (".^ ��-'��" _- l t arm `� � :' � U i i f-..-- ~ ... : I ��'�./�- `�"� �� " Il • - � _�-.=-Wee N O Ali -!tr / % -I � i ( i l ! tt\\ j� � �I i t `' � �� �, •O C 5 m a L_ I\((i \ \ •1v,I• �\j—? as IV?dOH }ham^' OL� C _ _ � i � -��—Vis,-.. ,..-.�-•.� ._r-- � : i ����� � � E N _+ � \ 'tet .` �` '•� t� 1 <.• ` / t •' / 'R FULTCN CCUNTY CODE OF LAWS TITLE 30 HEALTH 'and WELFARE BOARD OF HEALTH REGULATIONS SECTIM 30 -2 -7 - SEWAGE DISPOSAL Ado -pt -ea by,, the :Lean: o=l=M sslo,r Jtriz 2,. 1982:.:: rAiTen.de Septexrhe ` 7 988 Sec. 30-2-7-4 (3) CONNECTION TO SEWER cont. (5) EASEMENT DEDICATION. The owner or agent for the owner agrees in writing to provide all necessary easements at no cost for future public sewer at time of approval as. required by the appropriate governmental jurisdiction. (6) PAYMENT OF FEES. The owner or agent for the owner pays all necessary fees (including assessments and tap on) at the time of approval as required by the appropriate governmental jurisdiction. (4) RESIDENTIAL DEVELOPMENT. A public or comnunity sewerage system shall be considered available if it is within a specified distance of the nearest property line at the time of application or wili be available within a set time period (as determined by appropriate governmental jurisdiction). The distance indicated in Tile_ L shall be measured along the appropriate natural drainage course (gravity flaa) and based on the number of lots indicated on the preliminary plat. Also included in accordance with Table B are conditions of approval for the various "TYPES" of residential developments stipulating the construction, design and easements determined to be necessary by the Health Department and as re- quired by the appropriate governmental jurisdiction. (A)' TYPE A" RESIDENTIAL DEVE'LOPNIENT SEWER AVAILABILITY A public or community sewerage system is avail at,, tireaf amlig,alion in accordance with Table B as determined by the appropriate governmental jurisdiction. CONDITIONS OF APPROVAL: .INDIVIDUAL LOT AREA < 2 ACRES PAGE 31 The owner/developer shall be required to extend the sewer outfall from the point of availability throughout the development, con - s c -w struct a collector system to serve the development and to connect a C-" the collector system to the public or community sewerage system. 4th ���� • ' •r The owner/developer shall be required to extend the sewer outfall le W rk from the point of availability throughtout the development and Fq' P. provide a collector system design including easements to the appropriate governmental jurisdiction. (B); TYPE "B" RESIDENTIAL DEVELOPMENT SEWER AVAILABILITY A public or ccyturnlnity sew�era_ae_s�stem will be available wjr— 3 years,.fzpm..the,time of application in accordance with Table B as determined by the appropriate governmental jurisdiction. EE TABLE B MANDATORY CONNECTION CRITERIA RESIDENTIAL DEVELOPMENT Number of Tats Distance to Public or Conmunity Sewerage System (feet) 6 < x < 25 1000 (6V 6 eAVI TY 1'6-O vV J 25 < x < 50 1500 x > 50 2000 TABLE C SEPARATION DISTANCE REQUIREMENTS REFERENCE ITEM (MINIMUM SEPARATION (FEET) MINIMUM SEPARATION (FEET) SEPTIC TANK ABSORPTION FIELD Bored Wells, Springs (Existing, 50* 100* Proposed or Abandoned) Drilled Wells (Existing, 25 50* Proposed or Abandoned) Suction Water Lines 50_00 Pressure Water Lines 10 10** Lakes, Ponds, Streams, Waterways 25 50 Edge Of Drainage Ditch (Draw) 15 15 Edge Of ElTbankment 15 15 Retaining Wall (Uphill) 15 15 Retaining Wall (Downhill) 5 5 Building/Structure 10 10 Pool Wall 10 1-0 Edge Of Pavement 5 5 Property Line (Public Vater) 10 10 Property Line 10 10 (Individual Water Supplies) 50 50 Retention, Detention Ponds 15 15 (100 Year Pond Elevation) Illegal Trash Pits *** 15 15 * Minimum separation distances from the septic tank and absorption field and abandoned wells may be reduced to twenty-five (25) feet if the aban- doned well is filled and compacted (in three (3) foot layers maximum) with clay material approved by the Health Department. The top of the abandoned well shall also be sealed and capped as approved by the Health Department. ** Pressure water lines may be allowed in the cover over the system but not in the absorption field trench if approved by the Health Department. *** No trash pits shall be allowed on lots (residential or commercial) where an onsite sewage management system(s) is proposed unless approved by the Health Department and the appropriate governmental jurisdiction. Health Department approval of any trash pit shall be limited only to its location relative to the proposed location of the onsite system(s). See Detail B. (37) ORDINANCE NO._______ PETITION NO. RZ13-14 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R-3 (SINGLE FAMILY RESIDENTIAL) FOR AN 11 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED AT 13175 HOPEWELL ROAD CONTAINING 9.045 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 15, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 13175 Hopewell Road, consisting of a total of approximately 9.045 acres as described in the attached legal description, be rezoned to the R-3 (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1037 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-3 (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 6 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 the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of July, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 13175 Hopewell Road with a frontage of approximately 411 feet it should be approved for R-3 (Single Family Residential) 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) Single family detached dwellings and accessory uses and structures. b) No more than 11 total dwelling units at a maximum density of 1.22 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 17, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances 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. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lot developed for single family residences along Hopewell Road. b) Minimum heated floor area per unit – 2,500 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Extend 5’ concrete sidewalk that currently exists along the frontage of Milton Place subdivision along the entire frontage of the proposed development and provide for necessary drainage improvements. b) Provide a southbound left turn lane on Hopewell Road at Newtown Drive in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. c) Maintain 50’ right-of-way throughout the subdivision. d) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. e) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. c) Prior to issuance of a Land Disturbance Permit, an amended “Intergovernmental Agreement for Extraterritorial provision of Sewer Service by Fulton County to Certain Property Located within the City of Milton” indicating sewer service to this parcel described as 13174 Hopewell Road (Parcel ID 22 495010370209) must be approved by the Milton City Council and the Fulton County Board of Commissioners. REVISED SITE PLAN SUBMITTED ON JUNE 17, 2013 HOME OF `.N °.=QST QUALITY OF LIFE IN GEORGIA' -- M -LTON% ESi'AM-ISI IF ) 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: July 8, 2013 AGENDA ITEM: An Ordinance To Amend Chapter 54, Telecommunications Sections 54-3, 54-5(A), 54-6(f), 54-7(a)(1), and 54-7(a)(2) to Include the Definition of "Modification(s)", to Revise Maximum Telecommunication Tower Heights, and to Provide for an Expedited Variance Process. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED { } NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: K) YES { J NO CITY ATTORNEY REVIEW REQUIRED: K) YES () NO APPROVAL BY CI TY A TTORNEY APPROVED () Nn T APPRO VED PLACED ON AGENDA FOR: C) 7 15 t3 REMARKS ---- - ------ - -- - ------- ® Your_:: PHONE: 678.242.25001 FAX: 678.242.2499 green infoi9cityofm€€tonga.us I www.cityofmi€tonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERT`F'E° BRONZE - H` STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 54, TELECOMMUNICATIONS SECTIONS 54-3, 54-5(A), 54-6(f), 54-7(a)(1), AND 54-7(a)(2) TO INCLUDE THE DEFINITION OF “MODIFICATION(S)”, TO REVISE MAXIMUM TELECOMMUNICATION TOWER HEIGHTS, AND TO PROVIDE FOR AN EXPEDITED VARIANCE PROCESS BE IT ORDAINED by the City of Milton, GA while in a regularly called council meeting on _______ at 6:00 p.m., as follows: SECTION 1. That the amendment to Section 54-3, setting forth a definition for the term “modification” or “modifications,” is hereby adopted and approved; and is attached hereto as if full set forth herein; and SECTION 2. That the amendment to Section 54-5(a), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; and SECTION 3. That the amendment to Section 54-6(f), by inserting the modification to the table as reflected in the attached highlighted chart, is hereby adopted and approved; and is made a part hereof as if full set forth herein; and SECTION 4. That the amendment to Section 54-7(a)(1), as reflected in the highlighted language, is hereby adopted and approved; and is attached as if fully set forth herein; and SECTION 5. That the addition of Section 54-7(a)(2), as reflected in the highlighted language, is hereby adopted and approved, and is attached as if fully set forth herein; and SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed; and SECTION 7. That this ordinance amendment shall become effective upon its adoption. ORDAINED this _____ day of ___________________, 2013. Approved: ____________________________________ Joe Lockwood, Mayor Attest: _____________________________________ (SEAL) Sudie AM Gordon Sec. 54-3. Definitions. For the purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory. As used in this chapter, the following terms shall have the meanings ascribed below: Abandonment means the intent to abandon or discontinue operations as evidenced by voluntary conduct such as written notice to the city to stop using the facility or failure to use a wireless telecommunications facility for a period of six months or more. Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with the wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to: utility or transmission equipment storage equipment storage sheds or cabinets. Accessory use means a tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. Antenna means a system of electrical conductors that transmit and/or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PSC), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the city's siting, building and permitting authority. Antenna array means a single set or group of antennas and their associated mounting hardware, transmission lines or other appurtenances which share a common attachment device such as a mounting frame or mounting support. Applicant means a person or entity submitting an application for a wireless telecommunications facility, including the property owner, antenna support structure owner, and any proposed tenants for the facility. Attached wireless telecommunications facility means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site. Co-location means a situation in which two or more wireless personal service providers place a wireless telecommunications antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. Concealed means a wireless telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure, to include antennas, ancillary structures, and utilities. Coverage means the geographic area reached by an individual wireless telecommunications facility installation. Directional antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Effective radio power (ERP) means the product of the antenna power input and the numerically equal antenna power gain. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Geographic search area (GSA) means an area designated by a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless engineering. Guy tower means a tower supported, in whole or in part, by guy wires and ground anchors. Height. See "Structure height." Historic structures means structures in Milton which have been formally designated as a historic structure as designated by the City Historic Preservation Commission or Georgia Historic Preservation Division of the Department of Natural Resources or the United States Department of the Interior; have sufficient historic merit as determined by the city council and the historic preservation commission so as to require preservation. Lattice tower means a guyed or self-supporting, open frame structure that has three or four sides used to support telecommunications equipment. Low power mobile radio service telecommunications facility means an unmanned facility which consists of equipment for the reception, switching and transmission of low power mobile radio service communications. Such facilities may be elevated, either building-mounted or ground-mounted; transmitting and receiving antennas; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or repeater facilities. Low power telecommunications facility means an unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP) including, but limited to the following: (1) Point-to-point microwave signals. (2) Signals through FM radio transmitters. (3) Signals through FM radio boosters under ten watts ERP. (4) Cellular, enhanced specialized mobile radio (ESMR), paging services and personal communications networks (PCN). (5) Private, low power mobile radio services which include industrial, land transportation, emergency public safety and government, automatic vehicle monitoring, personal mobile (CB's) and HAM operators. Low power telecommunications facility accessory building means an unmanned building used to house equipment related to a communications facility. Low power commercial radio mobile network means a system of low power commercial telecommunications facilities which allows wireless conversation to occur from site to site. Existing tower map refers to the siting map prepared by staff and approved by city council to identify existing sites where wireless telecommunications facilities are located as may be amended from time to time. Such map may be derived from propriety information submitted by wireless providers (see Map 1). Micro-cell means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage to weak areas. Micro-cells communicate with the primary low power mobile radio service facility in a coverage area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile radius or less. Microwave antenna means a dish-like antenna used to link communications sites by wireless transmission of voice or data. Modification or Modifications shall have the same meaning as in O.C.G.A. 36-66B-3(7), except that modifications may also include: (i) an increase in structure height of a pre-existing tower up to 30% so long as such height increase does not trigger FAA lights requirements; or (ii) the removal and replacement of a pre-existing tower with a tower at the same location that may be up to 30% taller so long as any such structure height increase does not trigger FAA lighting requirements. Any modification under (i) or (ii) may only occur upon a demonstration deemed sufficient to the director that increasing structure height will allow collocation on the tower by a separate wireless service provider and that such collocation will obviate the need for a new wireless telecommunications facility in Milton. Any modification under (ii) shall, to the extent reasonably practicable, match the general design aesthetic of the pre-existing tower with an emphasis placed on stealth technology, though the director shall be authorized to allow reasonable changes in tower design to accommodate technology advances or engineering loading requirements. Any modification in compliance with (i) and (ii) shall authorize a corresponding percentage increase in the size of the associated equipment compound. Monopole means a cylindrical, self-supporting, i.e., not supported by guy wires, communications tower constructed of a single spire, used to support telecommunications equipment. Omni-directional antenna means an antenna that is equally effective in all directions, the size of which varies depending on the frequency and gain for which it is designed. Ordinary maintenance means the normal repair and maintenance of a telecommunications facility without adding, removing or changing any components of a telecommunications facility. Maintenance includes inspections, testing and modifications that maintain functional use, aesthetic and structural integrity. Ordinary maintenance includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility, strengthening the support structure's foundation or of the support structure itself, and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Planning and zoning. See "Community development." Planning commission means the City of Milton Planning Commission. Preexisting towers and preexisting antennae means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Radiofrequency engineer means a radiofrequency expert with specialized training and experience in the development and analysis of telecommunication networks and facilities, or a professional engineer licensed in the State of Georgia and experienced in the telecommunications field; however, in the event that this chapter requires an engineering certification regarding structural loading or other certification associated with the safety or integrity of structures, a certification by a professional engineer licensed in the State of Georgia shall be required. Repeater means a low power mobile radio service telecommunications facility used to extend coverage of cell areas to areas not covered by the originating facility. Residential district shall mean any zoning district in the City of Milton that allows single- family residential uses as a permitted use. Currently this includes all zoning districts except C-1, C-2, M-1A, M-1 and M-2. Roof and/or building-mounted telecommunications facility means a wireless telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility and do not significantly change the profile of the existing structure and are not readily noticeable to the untrained eye. Existing structures include buildings, water tanks, towers, and utility poles. Such facilities may include micro-cell and/or repeater facilities. Scenic view means a wide angle or panoramic field of sight that may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or a nearby object. Screening means the use of design, existing buildings and structures, existing buffers and proposed vegetation and color to obscure a wireless telecommunications facility. Sectorized panel antennas means an array of antennas, usually rectangular in shape, used to transmit and receive telecommunications signals. Separation means the vertical distance between one carrier's antenna array and the antenna array of another carrier. Siting means the method and form of placement of a wireless telecommunications facility on a specific area of a property. Stealth technology installation means manmade trees, clock towers, bell steeples, light poles and similar alternative-design structures, that in the opinion of the city council, are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers. EXAMPLES OF STEALTH TECHNOLOGY Structure height means the distance measured vertically from the average ground elevation adjacent to the structure being measured to the highest point when positioned for operation. The height of a tower includes the height of any antenna positioned for operation attached to the highest point on the tower. Technically feasible and viable means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner. Telecommunications facility means a telecommunications tower, monopole tower, antenna or any and all buildings, structures, or other supporting equipment used in connection with a telecommunications tower, monopole tower, or antenna. Tower means any structure designed primarily for the purpose of supporting one or more antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication, including self- supporting lattice towers, guy towers or monopole towers constructed as a freestanding structure or in association with a building or other permanent structure. Towers include radio and television transmission towers, microwave towers, common-carrier towers, cellular and digital telephone towers, alternative tower structures, and the like. Whip antenna means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional; size varies with the frequency and gain for which they are designed. Wireless service provider means any private or public entity engaged in the transfer of information over a distance without the use of electrical conductors. Wireless telecommunications facility (WTF) means a staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or groups of antennas, transmission cables and equipment enclosures, and may include an antenna support structure. The following nonexclusive list shall be considered a wireless telecommunications facility: new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. Also see "Telecommunications facility." WTF. See "Wireless telecommunications facility." (Ord. No. 10-08-70, § 1, 8-9-2010) Sec. 54-5. General requirements. (a) An application for a telecommunications facility permit shall be required for the construction or placement of all new wireless telecommunications facilities and attached wireless telecommunication facilities. The building permit process for collocations or modifications as defined in O.C.G.A. § 36-66B-3 and subsection 54-3 and as set forth in O.C.G.A. § 36- 66B-4(a) shall be governed by subsection 54-7(a) and no further requirements of this section shall be applicable unless a concurrent variance accompanying an application for modification is requested. If a concurrent variance associated with a modification is requested, subsection 54-7(a)(2) shall receive compliance. Permits for all other telecommunications facilities shall be processed in accord with subsection 54-7(b). Telecommunications facility permits shall be reviewed by the mayor and city council in accordance with the standards set forth in this chapter. Approval of any application for the construction of a new tower or placement of an antenna (exempting antenna placement on a previously approved wireless support structure as defined at O.C.G.A. § 36-66B-3(9) or modification of wireless facilities as defined at O.C.G.A. § 36-66B-3(8)) shall be based on consideration of the following factors: (1) Demonstrated need for proximity to residential structures and residential district boundaries; (2) Demonstrated need for the proposed height of the tower; (3) Minimal impact on the use of adjacent properties; (4) Surrounding topography, tree coverage and foliage that buffer the potential visual impact of the telecommunications facility; (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness, to include consideration of stealth technology installations; (6) Proposed ingress and egress; (7) Availability of suitable existing towers, other structures, or alternative/emerging technologies (microcells) not requiring the use of towers or structures. (8) Demonstrated need for the telecommunications facility at the specified site. (9) With reference to the City of Milton Existing Tower Map, as amended. Sec. 54-6. Development requirements for towers. (f) All new towers must meet the following maximum heights and be designed and built in a manner that allows other entities to co-locate on the structure using the following guidelines: MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS Zoning District Two Users Three Users Four Users O-I 120′ 150′ 150′ C-1/C-2/M-1/M-1A/M- 2/A/AL/AG-1 120′ 150′ 150′ Modification to Pre- existing towers Up to 30% increase* Up to 30% increase* Up to 30% increase* *30% maximum increase in tower height shall be measured from height of pre-existing tower. In no event may height increase trigger FAA lighting requirements. Sec. 54-7. Approval process. (a) The following uses are subject to expedited approval, which shall be defined as approval within 60 days of receiving applications, supporting engineering certifications and lease approval, if any, without the necessity of public hearing: (1) Collocation on a previously approved wireless support structure as defined at O.C.G.A. § 36-66B-3(8) or modification of wireless facilities as defined at O.C.G.A. § 36-66B-3(9). However, with respect to applications for collocation that do not independently satisfy the definition of modification, if any of the following apply: a. The proposed collocation increases the overall height or width of the wireless support structure to which the wireless facilities are to be attached; b. The proposed collocation increases the dimensions of the equipment compound approved by the local governing authority; c. The proposed collocation does not comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and d. The proposed collocation exceeds the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state; then expedited permitting under subsection 54-7(a) shall not apply and the applicant shall be required to utilize subsection 54-7(b). (2) If a proposed modification will result in a buffer encroachment, tower setback encroachment, or other condition on property requiring a variance from any of the provisions of Chapter 54 (other than allowed modified height and associated equipment compound increases), then the applicant shall be required to tender a variance request as part of the modification application. The variance request will be considered by the mayor and city council concurrently with the request for modification, and notwithstanding any provision of Chapter 64 regarding the processing or advertising of variances, a request for variance made hereunder shall only be required to adhere to the procedural requirements of the State of Georgia Zoning Procedures Law, O.C.G.A. 36-66-1, et. seq. HOME OF' 1HE BEST QUALITY OF LIFE IN GEORG€A' ILTON*' ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations, to Provide for Enforcement of Certain Applicable Codes Relative to the Safe Use of Real Property in Accordance with Georgia Law; to Repeal any Conflicting Provisions; and for Other Purposes. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BYCITYMANAGFR: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: k YES () NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY {APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: � 7153 REMARKS YOU CM �� *** PHONE: 678.242.2500 FAX: 678.242.2499 Gireen zv * Cmified 911111M Community pit, Info(§cityofmiltonga.us I www.cityofmiHonga.us ,r. �. :.:,:; �lhi) V 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 10, BUILDINGS AND BUILDING REGUALTIONS, TO PROVIDE FOR ENFORCEMENT OF CERTAIN APPLICABLE CODES RELATIVE TO THE SAFE USE OF REAL PROPERTY IN ACCORDANCE WITH GEORGIA LAW; TO REPEAL ANY CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Milton, Georgia while in a regularly called council meeting on _____________ at 6:00 p.m. as follows: WHEREAS, O.C.G.A. § 36-35-3, provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-61-11 authorizes any municipality, by ordinance, to require the repair, closing, or demolition of dwellings or other structures intended for human habitation which are, as defined in the ordinance, unfit for human habitation or which may imperil the health, safety, or morals of the occupants thereof or of surrounding areas; and WHEREAS, Chapter 2 of Title 41 provides that certain provisions should be included in a City’s ordinance to enforce provisions related to abatement of nuisances; and WHEREAS, the City wishes to exercise its authority in adopting this Ordinance consistent with such requirements to assist in the Code Enforcement process. NOW, THEREFORE, the Council of the City of Milton, Georgia hereby ordains that: Section 1. Sections 106.2, 106.3, 107.1, 107.2, 107.3, 107.5, 109.1 through 109.6, and 110.1 through 110.4 of Ordinance Number 06-12-76, adopted December 21, 2006 and codified in Chapter 10 of the Code of Ordinances as Sections 10-241, 10-242, 10- 244, and 10-245, are hereby stricken in their entirety and reserved, and in lieu thereof, the language attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein is hereby adopted and approved, and shall be codified as Article 4 in Chapter 10 (Buildings and Maintenance) of the Code of Ordinances. 2 Section 2. Sections 104.1 of Ordinance Number 06-12-76, adopted December 21, 2006 and codified as Sections 10-232, is hereby stricken in its entirety and replaced with the following: “The provisions of this article shall be enforced as provided in Article 4 of this chapter.” Section 3. Sections 108.1 through 108.5 of Ordinance Number 06-12-76, adopted December 21, 2006 and codified as Section 10-243, are here by stricken in their entirety and replaced with the language provided in Exhibit B attached hereto and incorporated herein by reference as if fully set forth herein, which language is hereby adopted and approved. Section 4. Section 10-267(d)(2) of Ordinance Number 12-11-154, adopted November 19, 2012 and codified as Section 10-267(d)(2), is hereby stricken and replaced with the following language: “Upon the failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, he or she shall be subject to prosecution in accordance with Article 4 of this chapter and as prescribed by the authority having jurisdiction.” Section 5. Article 4, Section 1 of Ordinance Number 07-02-09, adopted February 15, 2007 and codified as Section 10-165(b) through (f), is hereby stricken in its entirety and replaced with the following language: “(b) Enforcement of this provision shall occur as provided in Article 4 of this chapter.” Section 6. All other ordinances shall continue in full force and effect and shall remain unaffected, except where such ordinance, or part thereof, conflicts herewith, in which case such ordinance, or part thereof, is hereby repealed. Section 7. It is the express intent of the Council of the City of Milton, Georgia that this Ordinance be consistent with both federal and State law concerning the City’s abatement of nuisances. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provision of this Ordinance are declared severable. Section 8. That this Ordinance shall become effective upon its adoption. 3 BE IT ORDAINED this ____ day of __________________, 2013, by the Council of the City of Milton, Georgia. Approved: ________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (SEAL) 4 Exhibit A Section 1. Incorporation of State Law The City of Milton hereby incorporates the Abatement of Nuisances in Cities and Counties, O.C.G.A. § 41-2-5 through 41-2-17, into this adoption of law. Section 2. Purpose and Findings The purpose of this Ordinance is to establish uniform regulations and procedures for the determination and remedy of a nuisance as defined in Section 6 of this Ordinance. It is found and declared that in the City of Milton, Georgia there is the existence or occupancy of dwellings or other buildings, structures, or properties which are unfit for human habitation or for residential, commercial, industrial, or business occupancy or use and not in compliance with the applicable state minimum standard codes as adopted by ordinance or operation of law or any optional building, fire, life safety, or other codes relative to the safe use of real property and real property improvements adopted by ordinance in the City of Milton; or general nuisance law and which constitute a hazard to the health, safety, and welfare of the people of the City of Milton; and that a public necessity exists for the repair, maintenance, closing, or demolition of such dwellings, buildings, structures, or properties. It is found and declared that in the City of Milton, Georgia, where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of the City of Milton and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever there exists in the City of Milton dwellings, buildings, structures, or properties which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and not in compliance with applicable codes; which have defects increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, structures, or properties unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of the City of Milton, or vacant, dilapidated dwellings, buildings, structures, or properties in which drug crimes are being committed, the City of Milton may exercise its police power to repair, maintain, close, or demolish the aforesaid dwellings, buildings, structures, or properties in the manner provided in this Ordinance, and as authorized by O.C.G.A. §§ 41-2-8 to 41-2-17. This Ordinance may be applied to private property where there exists an endangerment to the public health or safety as a result of unsanitary or unsafe conditions to those persons residing or working in the vicinity. A finding by any governmental health department, health officer, building inspector, or code enforcement officer that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this section. 5 Section 3. Definitions Except as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense; the singular shall include the plural, and the plural the singular; and the use of masculine or feminine gender is for convenience only, and the use of each shall include the other. As used in this Ordinance, the term: (a) “Applicable codes” means (i) any optional housing or abatement standard provided in Chapter 2 of Title 8, Official Code of Georgia, as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (ii) any fire or life safety code as provided for in Chapter 2 of Title 25, Official Code of Georgia; and (iii) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8, Official Code of Georgia, after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (b) “Closing” means causing a dwelling, building, structure, or property to be vacated and secured against unauthorized entry. (c) “Drug crime” means an act which is a violation of Article 2 of Chapter 13 of Title 16, Official Code of Georgia, known as the “Georgia Controlled Substances Act.” (d) “Dwellings, buildings, structures, or properties” means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design and any associated property. However, as used in this Ordinance, the term “dwellings, buildings, structures, or properties” shall not mean or include any farm, any building, structure, or property located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (e) “Governing authority” means the Council of the City of Milton, Georgia charged with governing the municipality. (f) “Interested parties” means: (i) Owner; (ii) Those parties having an interest in the property as revealed by a certification of 6 title to the property conducted in accordance with the title standards of the State Bar of Georgia; (iii) Those parties having filed a notice in accordance with Code Section 48-3-9; (iv) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. Interested parties shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (v) Persons in possession of said property and premises. (g) “Municipality” means the City of Milton. (h) “Owner” means the holder of the title in fee simple and every mortgagee of record. (i) “Public authority” means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the City of Milton or the state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, structures, or properties in the municipality. (j) “Public Officer” means the officer or officers who are authorized to exercise the powers prescribed by this Ordinance or any agent or designee of such officer or officers. (k) “Repair” means altering or improving a dwelling, building, structure, or property so as to bring the structure or property into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of tall grass, weeds, debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, structure, or property. (l) “Resident” means any person residing in the City of Milton on or after the date on which the alleged nuisance arose. Section 4. Public Nuisance; Duty of Owner of Dwelling, Building, Structure or Property Every owner of every dwelling, building, structure, or property within the City of Milton, Georgia, has the duty to construct and maintain such dwelling, building, structure, or property in conformance with the applicable City of Milton Ordinances or other applicable codes which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances. 7 Section 5. Designation and Authority of Public Officers (a) Designation of Public Officers. The building official, also referred to herein as Public Officer, and their designees are all designated and appointed to exercise the powers presented by this Ordinance. (b) Powers of Enforcement Authorized. The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this Ordinance and O.C.G.A. §§ 41-2-8 through 41-2-17, including the following additional powers: (i) To investigate the dwelling conditions in the City of Milton in order to determine which dwellings, buildings, structures, or properties therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes; (ii) To administer oaths and affirmations, to examine witnesses, and to receive evidence; (iii) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession and shall follow applicable due process of law; (iv) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this Ordinance; (v) To delegate any of his functions and powers under this Ordinance to such officers and agents as he may designate; and (vi) To consult with any engineers or other qualified professionals in carrying out the functions and powers of this Ordinance. (c) Standards for Determining Violation. The Public Officer may determine, under existing ordinances, that a dwelling, building, structure, or property is unfit for human habitation or is unfit for its current residential, commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, structure, or property which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, structure, or property; of the occupants of neighborhood dwellings, buildings, structures, or properties; or of other residents of the City of Milton. Such conditions may include the following (without limiting the generality of the foregoing): (i) Defects therein increasing the hazards of fire, accidents, or other calamities; (ii) Lack of adequate ventilation, light, or sanitary facilities; (iii) Dilapidation; (iv) Disrepair; 8 (v) Structural defects; and (vi) Uncleanliness constituting an unsanitary condition. The Public Officer may determine that a dwelling, building, or structure is vacant, dilapidated, and being used in connection with the commission of drug crimes upon, among other things, personal observation or report of a law enforcement agency and evidence of drug crimes being committed. Section 6. Enforcement Procedures (a) Filing of Request; Investigation. Whenever a request is filed with the Public Officer by a public authority or by at least five residents of the City of Milton charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Public Officer shall make an investigation or inspection of the specific dwelling, building, structure or property. (b) Issuance of Notice or Filing of Complaint. If the Public Officer’s investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Public Officer shall notify the Council of such finding and shall either issue a 30-day notice to comply or file a complaint in rem as indicated below. (c) Issuance of Thirty-Day Notice. The Public Officer may issue and cause to be served via certified and regular mail upon the owner and any interested parties notice that the dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. The notice shall instruct the owner to repair, alter, improve, vacate and close or demolish said dwelling, building, structure, or property within 30 days of the date the notice is mailed via regular delivery. (d) Filing a Complaint. If the dwelling, building, structure or property is not repaired, altered, improved, vacated and closed or demolished within 30 days, or, if the Public Official determines that it is in the best interest of the City to proceed without first issuing a 30-day notice, the Public Official may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building or structure is situ ated or where such public health hazard or general nuisance exists and shall cause summons and a copy 9 of the complaint to be served on the interested parties for such dwelling, building, structure, or property. (e) Contents of Complaint. The complaint shall (i) Identify the subject real property by appropriate street address and official tax map reference; (ii) Identify the owner and other interested parties; (iii) State with particularity the factual basis for the action; and (iv) Contain a statement of the action sought by the Public Officer to abate the alleged nuisance. Unless specifically authorized by the Council, demolition shall not be sought for any dwelling, building, structure or property that is occupied or has exceptional historical, architectural or social uniqueness or significance. (f) Service of Complaint. Complaints issued by a Public Officer shall be served in the following manner: (i) At least 14 days prior to the date of the hearing, the Public Officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are reasonably ascertainable. Copies of the complaint shall also be mailed by first- class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing. (ii) For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff’s advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (iii) At the time of filing the complaint in the City of Milton Municipal Court, a notice of lis pendens shall be filed in the office of the Fulton County Clerk of Superior Court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (iv) Orders and other filings made subsequent to service of the initial complaint shall be served in this manner on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings. (g) Issuance of Summons; Hearing. The summons shall notify the owner and other interested parties that a hearing will be held before the City of Milton Municipal Court, at the date and time certain and at a place within the City of Milton. Such hearing shall be 10 held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and other interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing. (h) Issuance of Order by Court. If, after such notice and hearing, the court determines that the dwelling, building, structure, or property in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order requiring the property to be repaired so as to comply with all applicable codes and requiring any building, dwelling, or structure to be repaired or demolished in accordance with the following: (i) If the repair, alteration, or improvement of the said dwelling, building, structure, or property can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or property so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (ii) If the repair, alteration, or improvement of the said dwelling, building, structure, or property in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to vacate and close or demolish and remove such dwelling, building, or structure and all debris from the property. For the purposes of this section, the court shall make its determination of “reasonable cost in relation to the present value of the dwelling, building, structure, or property” without consideration of the value of the land on which a structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure or property to bring it into compliance may be considered. Income and financial status of the owner shall not be a factor in the court’s determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with the Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure or property shall be the cost necessary to bring the structure or property into compliance with the applicable codes relevant to the cited violations in force in the City of Milton. 11 (i) Noncompliance with the Order. If the owner fails to comply with an order to repair, vacate and close, or demolish the dwelling, building, structure, or property, the Public Officer or his designee may cause such dwelling, building, structure, or property to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to O.C.G.A. § 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The Public Officer, or his designee, shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words: “This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerm ent to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.” (j) Demolition Procedure. If the Public Officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The Public Officer and City of Milton are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials. (k) Recovery of Costs of Abatement. The amount of the cost of repair, closure or demolition, including all court costs, appraisal fees, administrative costs incurred by the tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the Fulton County Clerk of Superior Court and shall relate back to the date of the filing of the lis pendens notice required under O.C.G.A. § 41-2-12(c). The Fulton County Clerk of Superior Court shall record and index such certified copy of the order in the deed records of the county and enter the lien in the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a certified copy of the order with the Fulton County Clerk of Superior Court and final determination of costs, fees, and expenses incurred in accordance with this section, the Public Officer shall transmit to the tax collector or revenue officer a 12 statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the Public Officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the tax collector or revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48, Official Code of Georgia; provided, however, that the limitation of O.C.G.A. § 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this Ordinance in accordance with O.C.G.A. § 48-5-359.1. The tax collector or revenue officer shall remit the amount collected to the City Council for the City of Milton. Enforcement of liens pursuant to this section may be initiated at any time following receipt by the tax collector or revenue officer of the final determination of costs in accordance with this section. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to O.C.G.A. § 48-4-78 for delinquent ad valorem taxes may include all amounts due under this section. The redemption amount in any enforcement proceeding pursuant to this section shall be the full amount of the costs as finally determined in accordance with this section together with interest, penalties, and costs incurred by the governing authority, tax collector, or revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of O.C.G.A. §§ 48-4-80 and 48-4-81. If legally possible and the property is still in existence, t he City Council may waive and release any such lien imposed on property upon the owner of such property entering into a contract with the city agreeing to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation. (l) Appeal; Injunction. Review of a court order requiring the repair, alteration, improvement, closure or demolition of a dwelling, building, structure, or property shall be by direct appeal to the superior court under Code Section 5-3-29. Any person affected by an order issued by the Public Officer may petition to the Fulton County Superior Court for an injunction restraining the Public Officer from carrying out the provisions of the order, and the court may, upon such petition, issue a temporary injunction restraining the Public Officer pending the final disposition of the cause; provided, however, that such person shall present such petition to the court within 15 days of the posting and service of the order of the Public Officer. De novo hearings shall 13 be held by the court on petitions within 20 days. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this section. Section 7. Posting of Notices on Dwellings and Other Structures Intended for Human Habitation (a) The Public Officer may post a notice of non-compliance and of actions taken by code enforcement officials or the court with respect thereto, and the fixing of penalties for the defacing, destruction, or removal of such notices; provided that no such notices shall be posted on any property then designated by proper governmental authority for acquisition by eminent domain. 14 Exhibit B (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Structure unfit for human occupancy shall have the same meaning as provided in Article 4 of this Chapter. Unlawful structure means a structure: (1) Found in whole or in part to be occupied by more persons than permitted under this code; or (2) Erected, altered or occupied contrary to law. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that the equipment is a hazard to the life, health, property or safety of the public or occupants of the premises or structure. Unsafe structure means: (1) One that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing the minimum safeguards to protect or warn occupants in the event of fire; (2) Because such structure contains unsafe equipment; or (3) Is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (b) Condemnation finding. When a structure or equipment is found by the building official or his or her designee to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of Article 4 of this Chapter. HOME OF 'THE&EST QUALITY OF LIFE IN GEORGIA' M1 LTONI ESTABLISHED 2006 TO: City Council CITY COUNCIL AGENDA ITEM DATE: July 8, 2013 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY13 Road Reconstruction and Resurfacing Projects. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGHOUND INFOHMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: y APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: } YES { } NO CITY ATTORNEY REVIEW REQUIRED: RYES ()IVO APPROVAL BY CITY ATTORNEY XAPPROVED {} NOT APPROVED PLACED ON AGENDA FOR: REMARKS . ............ ... ... ® your;._ PHONE: 678.242.25001 FAX: 678.242.2499 green =a m inffl@cityafmilfonga.us i www.ciCo tyofmilfianga.us ; ,munllty 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 * C.0 tL IFlLYI * r�vHiaa c�� �r 0 Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on June 28, 2013 for the July 15, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the FY 13 Road Reconstruction and Resurfacing Projects ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Following the city’s pavement management plan an Invitation to Bid (ITB) was issued for the Paving and Reconstruction of the following Roads:  Full Depth Reclamation (FDR) of Hamby Rd – beginning at Hopewell Rd and ending at the Forsyth County line.  FDR of Dinsmore Rd from Freemanville Road ending at North Valley Road.  FDR of Bethany Rd starting at the City Limits and ending the new asphalt joint at the Bethany Rd/ Providence Rd intersection.  Resurfacing and Patching - Green Rd starting at Crabapple Rd and ending at Arnold Mill Rd  LMIG Resurfacing - Henderson Rd starting at Birmingham Rd and ending at Freemanville Rd - Mountain Rd starting at the City limit and ending at Hopewell Rd - Wilkie Rd starting at Mountain Rd and ending at the Cherokee County Line - Cogburn Rd starting at Windward Pkwy intersection and ending at the Alpharetta City limit  Resurfacing of Residential Streets - Lexington Place Ln - Providence Lake Dr. - Buckland Run - Double Creek Ln - Uplands Ct - Glendalough Ct - Kiltirnan Ct - Bray Ct - Petersford Way - Croyton Terrace - Cannongate Ct Page 2 of 2 - Berkshire Ln - Wystead Ct The city received 6 bids for the proposed work which are summarized in Table 1. The allowable budget for the project is $2,500,000 based on a unit price contract. A portion of the Dinsmore Road FDR from North Valley Road to Thompson Road was deferred to a future budget cycle to bring the project within budget allowances. Table 1. Bid Summary Firm Bid Baldwin Paving Co. $2,794,323.98 C.W . Matthews $2,961,909.69 Blount Construction $2,990,480.00 Allied Paving $3,014,918.50 Stewart Brothers $3,082,741.50 NWGP, Inc. $3,131,662.50 In accordance with the city procurement procedures staff is recommending approval of a Construction Services Agreement with Baldwin Paving Company in an amount not to exceed $2,500,000 Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Pavement Management and Capital Grant Fund LMIG budget in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/28/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement NOME OF'THE BEST W-ALITY DF LIFE iN GEORGIA' &JILTON*�r `.*I1 k1NAL MART SH E 0 2006 CONSTRUCTION SERVICES AGREEMENT FOR FY13 RECONSTRUCTION & RESURFACING PROJECT This Agreement (the "Agreement") to provide intersection improvements is made and entered into this _ day of , 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"), Baldwin Paving Company, Inc., a Georgia corporation with its principal place of business located at 1014 Kenmill Dr NW, Marietta, Georgia 30060-7911 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the FY13 Reconstruction & Resurfacing Project; and WHEREAS, based upon Contractor's bid to construct the road improvements as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the teams 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 (19 Pages); B. Invitation to Bid ITB (54 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated April 2, 2413 (19 Pages), attached hereto as Exhibit "B"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Final Affidavit, attached hereto as Exhibit "G", I. Special Provisions applicable to Henderson Rd, Mountain Rd, Wilkie Rd and Cogburn Rd , attached hereto as Exhibit "H" J. 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 K. 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 govern. Section 2 Proiect Description The scope of this project generally consists of the reconstruction or repaving, as may be specified in the attached scope of work, of the following roads: • Hamby Rd Dinsmore Rd Bethany Rd • Green Rd • Henderson Rd ■ Mountain Rd Wilkie Rd Cogburn Rd ■ Lexington Place Ln + Providence Lake Dr • Buckland Run ■ Double Creek Ln • Uplands Ct 2 • Glendalough Ct • Kiltirnan Ct • Bray Ct ■ Petersford Way ■ Croyton Terrace • Cannongate Ct • Berkshire Ln • Wystead Ct 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. Contractor has reviewed, is familiar with, and will conduct the Work in accordance with, that agreement between the City and the Georgia Department of Transportation dated October 24, 2012. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 90 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 A. The total amount paid under this Agreement shall not, in any case, exceed $2,500,000 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. 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 price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. 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. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-365. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. 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. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. 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. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. 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 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 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. 4 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 $50,000, must be approved by resolution of 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 Project. 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. 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 perform 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 n M cam:., shall be authorized to act on Contractor'sAchalf with espect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. Responsibility of Contractor and Indemnification of City The Contractor 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 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 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 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 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. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. 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 (10) days after issuance. 7 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 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 $1,000,000 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. (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; 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 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 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 from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized 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 losses arising from work performed by the Contractor for the City. (c) .All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (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 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(l) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (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 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 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 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 subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. 10 (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. L. Employment of Unauthorized Aliens Prohibited 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (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 conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", 11 which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 12 M. 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, 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. N. 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. O. 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 13 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. P. Licenses Certifications and Pen -nits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, 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. Q. TRESERVEDI R. 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. S. 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 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 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. T. 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 14 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. Section S Covenants of the City A_ Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Matt Fallstrom 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 two years 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 two-year general warranty period to identify any issues that must 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 City. 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 for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate 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 within that 15 period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. 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 this Section (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 11 Miscellaneous A. Complete Agreement. This Agreement contains all of 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 of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. 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. E. Notice. All notices requests, demands and other communications hereunder shall 16 be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when 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 be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Baldwin Paving Company, Inc. Attn: Mike Dernery 1014 Kenmill Drive NW Marietta, Georgia, 30060 F. 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. G. 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 and all other obligations shall remain 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. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as 17 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 special provisions of this Section 11(1) and in Exhibit I attached hereto and incorporated herein by reference, in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 18 Baldwin Paving Cyfnppfhy, Inc. / L- "�U Print Name � r Title SIGNER, SEALED, AND DELIVERED In the presence of: Witness (Corporate Secretary should attest) `l k ` '- ct1t��rrr Print Mame ��► i� G'�r� . a -s- � Notary Pu c [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] dP �G .. Z i A s.A) 20114 w � Q b •.. LIG�..�t t. SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL} My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor 19 EXHIBIT "A" REQUEST FOR BID HOME OF'THE BEST QUALITY OF E iF !N C� EURGIA' MILTON't ESTABU511ID 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 13-PW7 FY13 Reconstruction & Resurfacing Project Due Date and Time: May 22, 2013 Local Time: 2:00pm ISSUING. DEPARTMENT INFORMATION Issue Date: April 29, 2013 Number of Pages: 67 City of Milton Public Works Department Phone: 678-242-2500 1300+0 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark face of Envelope/Package: Bidder Phone Number: Bid Number: 13-PW7 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Special Instructions: Suite 107G Deadline for Written Questions Milton, Ga. 30004 May 14th , 2013, 5 pm Email questions to Rick Pearce at rickpearce@cifyofmiltonga, us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory; (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 1 IPa.ge Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 InsuranceBond Requirements 6 Bid Form and Addenda Acknowledgement 7 Bid Bond 9 Qualifications Signature and Certification 12 Corporate Certificate 12 List of Subcontractors 13 Contractor Affidavit and Agreement (eVerify) 14 Bid Schedule 15 Disclosure Form 17 General Conditions 18 EPD Air Quality Rules 23 Project Specifications 24 Schedule of Events 39 Sample Contract Agreement 40 2 1 P a g e DEFINITIONS COMPW: City of Milton Public Works Department GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials 3 1 P a g e CITY OF MILTON Invitation to Bid 13-PW7 The City of Milton is accepting sealed bids from qualified firms for the FY 13 Reconstruction & Resurfacing Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, 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 May 22nd, 2013. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (13-PW7) 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@cityofmiltonga.us. Deadline for questions is May 14th, 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 May 15th, 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 (13-PW7) and bid name (FY13 Reconstruction & Resurfacing Project) 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 must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 4jPage BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 7-8 3 Bid Bond (3 pages) 9-10-11 4 Qualification Signature and Certification 12 5 List of Subcontractors 13 6 Contractor Affidavit and Agreement (eVerify) 14 7 Bid Schedule (2 pages) 15-16 S Disclosure Form 17 9 Qualification sheet listing projects and references as stipulated in this document. Use your own form INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FYI Reconstruction & Resurfacing Project, 13-PW7. 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 34 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor, 5 1 P a g e 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 CONTRACT AGREEMENT (section K) 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, 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 famish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. 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 ITB become the property of the City of Milton. 6 1 P a g e [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with. the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number I3-PW7 FY13 Reconstruction & Resurfacing Project 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 a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new 7 1 P a g e completion date. Attached hereto is an executed Bid Bond in the amount of Dollars �$ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of , 20 Bidder Bidder Mailing Address: Signature: Print Name: Title: Company Name (Seal) 8 1 P a g e [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATI'N: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. {Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY Surety's Name and Corporate Seal BY: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: eal) 9 1 P a g e Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt 101 P age requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 11IPage [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud_ I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature, Print/Type Name Print/Type Company Name Here I, Date CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 320 121Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: 131Pag ]KIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" STATE OF GEORGIA Xti IK93_a13_110I 1U, 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. § 13-10-91. 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, 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-.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 of Milton 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 (Print Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 200 Notary Public My Commission Expires: 141Page JBIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] BID SCHEDULE ITEM ITEM UNITS QUANTITY UNIT TOTAL NUMBER DESCRIPTION PRICE AMOUNT 150-1000 Traffic Control LS 1 301-2260 Cement Stabilized Base Variable Depth SY 71,000 301-5000 Portland Cement TN 2,100 310-1101 Gr Aggr Base Crs TN 1,000 402-1802 Asphalt Concrete Patching including TN 4,500 Bituminous Material & N Lime 3 in. Recycled Asphalt Concrete 9.5 MM 402-3102 Superpave, Tp II, Blend 1, Including TN 4,250 Bituminous Material and H -Lime 1.5 in. LMIG Recycled Asphalt Concrete 9.5 MM 402-3103 Superpave GP 2 Only Including ,TN 10,500 Bituminous Material and H -Lime 1.5 in. 432-5010 Mill Asphalt Concrete Pavement, SY 23,000 Variable Depth 600-1000 Flowable kill CY 500 653-0120 Thermoplastic Pavement Marking EA 16 Arrow, Type 2 653-1104 Thermoplastic Solid Traffic Stripe, 24" LF 200 White 653-2501 Thermoplastic Solid Stripe, 5" White LM 11 653-2502 Thermoplastic Solid Stripe, 5' Yellow LM 11 653-4501 Skip Traf Stripe, 5" White LF 1,()[10 653-6006 Thermoplastic Solid Traffic Stripe, 8" SY4000 Yellow 151Page Total Bid Price S Print Total Bid Price Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price" Number of days to complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT 1 TYPE NAME TITLE 161Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when 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. AmountlValue 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: 171Page Cela r1�:7►11Kf]►1-�7-II=11=[i7►i�" Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best 181I'age Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of 191Page Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 143.07 FAILURE TO EXECUTE CONTRACT Milton 13000 Deerfield Pkwy., Suite 107G Milton, Ga. 30004. TEL. 67$1242-2500, FAX 6781242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. AWARD OF AWARD AND EXECUTION OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (113) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of 201Page carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not 21 IPage maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." 221Page ***NOTICE TO CONTRACTORS"* x EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-42-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 4041363-7000; 4041362-2534 — FAX 231Page PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the full depth reclamation (FDR) and resurfacing project. The project segments locations are depleted on the attached location map and further described as follows: FDR of Hamby Rd — beginning at Hopewell Rd and ending at the Forsyth County line. Stripe to match and cut in butt joints on both ends. We have added a flow able fill line item to be used in case we come across any voids at the bridge approaches for both bridges. Asphaltic Concrete Surface Course 1.5" of 9.5 mm Type II Superpave Asphaltic Concrete Binder Course 2.5" of 19mm Superpave FDR Section 13" FDR Cement Content 6% Required 7 day Laboratory Compressive 300/300 psi Strength (lab/field) FDR Recommended Minimum Degree of Compaction ( % of Standard Proctor Maximum 98 Dry Density FDR of Dinsmore Rd from Freemanville Road ending at Thompson Rd. Stripe to match and cut in butt joints on both ends We have added a flow able fill line item to be used in case we coxae across any voids at the bridge approaches. Asphaltic Concrete Surface Course 1.5" of 9.5 mm Type lI Superpave Asphaltic Concrete Binder Course 2" of 19mm Superpave FDR Section 9" FDR Cement Content 5% Required 7 day Laboratory Compressive Strength ( lab/field) 430130b psi 241Page FDR Recommended Minimum Degree of Compaction (% of Standard Proctor Maximum 98 Dry Density FDR of Bethany Rd starting at the City Limits and ending the new asphalt joint at the Bethany Rd/ Providence Rd intersection. Stripe to match and cut in butt joints on both ends. Asphaltic Concrete Surface Course 1.5" of 9.5 mm Type II Superpave Asphaltic Concrete Binder Course 2" of 19mm Superpave FDR Section 12" FDR Cement Content 6% Required 7 day Laboratory Compressive 375134+1 psi Strength ( lab/field) FDR Recommended Minimum Degree of Compaction ( % of Standard Proctor Maximum 98 Dry Density Resurfacing and Patching - Green Rd starting at Crabapple Rd and ending at Arnold Mill Rd- Edge mill 1.5", patch 3" as directed, stripe to match, and overlay 1.5" with 9.5mm superpave. LMIG Resurfacing Henderson Rd starting at Birmingham Rd and ending at Freemanville Rd-, patch 3" as directed, overlay 1.5" with 9.5mm superpave and stripe to match. - Mountain Rd starting at the City limit and ending at Hopewell Rd- patch 3" as directed, overlay 1.5" with 9.5rnm superpave and stripe to match. Wilkie Rd starting at Mountain Rd and ending at the Cherokee County Line- patch 3" as directed overlay 1.5" with 9.5mm superpave and stripe to match. - Cogburn Rd starting at Windward Pkwy intersection and ending at the Alpharetta City limit.Patch 3" as directed, and overlay 1.5" with 9.5rnm superpave and stripe to match. ■ Resurfacing of Residential Streets - Lexington Place Ln- Edge mill, patch as directed, overlay 1.5" with 9.5mm and stripe 251Page to match - Providence Lake Dr. - Edge mill, patch as directed, overlay 1.5" with 9.5mm and stripe to match. - Buckland Run- Edge mill, patch as directed, and overlay 1.5" with 9.5mm and stripe as directed. - Double Creek Ln- Patch as directed and overlay 1.5" with 9.5mm and stripe as directed. - Uplands Ct- Patch as directed, and overlay with 1.5" of 9.5mm. - Glendalough Ct- Edge mill, patch as directed, and overlay with 1.5" of 9.5mm. - Kiltirnan Ct- Edge mill, patch as directed, and overlay with 1.5" of 9.5mm. - Bray Ct- Edge mill, patch as directed, and overlay with 1.5" of 9.5mm. - Petersford Way- Edge mill, patch as directed, and overlay 1.5" with 9.5mm. - Croyton Terrace- Edge mill, patch as directed, and overlay 1.5" with 9.5mm. - Cammngate Ct- Edge mill, patch as directed, and overlay 1.5" with 9.5mm. - Berkshire Ln- Edge mill, patch as directed, and overlay 1.5" with 9.5mm. - Wystead Ct- Edge mill, patch as directed, and overlay 1.5" with 9.5mm. This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. Additionally, vendor must have a minimum of 5 verifiable years' experience on pull Depth Reclamation with cement as the additive or a minimum of 10 lane miles of experience with a city or county on Full Depth Reclamation with cement as the additive; and, an 8 -foot wide minimum reclamation machine would be desired but other larger widths may be acceptable. The contractor shall submit with the bid a qualification sheet listing projects that meet the experience requirement along with references. List should include project date, location, lane miles, description, and contact info. SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. 261Page August 25, 2003 Georgia Department of Transportation Special Provision Section 301—Soil Cement Retain Section 301 and add the following: Section 301—Cement Stabilized Reclaimed Base Construction 301.1 General Description This work includes constructing a cement stabilized base course by pulverizing the existing pavement structure and mixing with Portland cement to the depth specified on the plans. Construct according to these Specifications and to the lines, grades, thickness, and typical cross-sections shown on the Plans or established by the Engineer. 301.1.01 Related References A. Standard Specifications Section? 412—Bituminous Prime Section 800—Coarse Aggregate Section 814—Soil Base Materials Section 821—Cutback Asphalt Section 830—Portland Cement Section 880—Water B. Referenced Documents General Provisions 101 through 150 GDT Test Methods GDT 19 GDT 21 GDT 65 GDT 86 GDT 20 GDT 59 GDT 67 301.1.01 Submittals Before constructing a test section according to Subsection 301.3.04,E.1, submit a Construction Work Plan to the Engineer. Include proposed equipment and proposed compaction procedures. If the Engineer determines that the Work Plan is not satisfactory, revise the compaction procedure and augment or replace equipment, as necessary, to complete the Work. 301.2 Materials 271 Page Ensure that materials meet the requirements of the following Specifications: Material Section Blotter material (sand) 412.3.05.G-3 Coarse Aggregate 800 Soil Base Mate6al 814.2.02 Cutback asphalt, RC -30, RC -70, RC -250 or MC -30, MC -70, MC -250 821.2.01 Portland Cement (Type i or Type Il) 830.2.01 Water 880.2.09 301.3 Construction Requirements 301.3.01 Personnel Ensure that only experienced and capable personnel operate equipment_ 301.3.02 Equipment Use equipment that has been approved by the Engineer before construction begins. Provide equipment in satisfactory condition capable of continuously mixing materials (pavement structure, soil, water, and cement) to a consistent depth. Use equipment capable of providing a homogenous blend. 301.3.03 Preparation Loosen and pulverize the in-place pavement structure to the width and depth to be stabilized without damaging the underlying materials. Add water to assist pulverization if necessary. 301.3.04 Construction 1. Weather Limitations 1. Mix cement -stabilized base only when the weather permits the course to be finished without interruption within the time specified. 2. Mix materials only when the moisture of the materials to be used in the mixture meets the specified limits. 3. Begin mixing only when the air temperature is above 40°F (4°C) in the shade and rising. 4, if the work is interrupted for more than two hours after cement has been added, or if rain increases the cement's moisture content outside the specified limits, the affected area of completed cement -stabilized base course will be tested for unconfined compressive strength, in accordance with Section E - Strength. 2. Moisture Adjustment Adjust the moisture content of the roadway materials to within 100 to 120 percent of the optimum moisture immediately before spreading the cement. The optimum moisture content is determined by the Job Mix Design and can be adjusted by the Engineer. 3. Cement Application 1. Uniformly spread the required amount of Portland cement with a cyclone -type mechanical spreader or its equivalent. Do not use pneumatic tubes to transfer the cement £torn the tanker directly onto the material to be stabilized. 281Page 2. Apply cement at the rate specified on the Job Mix Design (as established by GDT -65) and mix to the depth shown on the Plans. The Engineer may alter the spread rate during the progress of construction if necessary. Maintain the application rate within + 10 percent of that specified by the Engineer. 3. Provide both equipment and personnel to measure the application rate of cement placed. 4. Apply cement on days when wind will not interfere with spreading. 5. If the cement content is below the 10 percent limit in the mixing area, add additional cement to bring the affected area within the tolerance specified and recalibrate the mechanical spreader's spread rate. If the cement content is more than the 10 percent limit in the mixing area, the excess quantity will be deducted from the Contractor's pay for cement. 6. Regulate operations to limit the application of cement to sections small enough so that all of the mixing, compacting, and finishing operations can be completed within the required time limits. 7. Pass only spreading and mixing equipment over the spread cement and operate this equipment so that it does not displace cement. 8. Replace damaged cement at no cost to the Department when damage is caused by: ■ Hydration due to rain, before or during mixing operations. ■ Spreading procedures contrary to the requirements stated above. ■ Displacement by the Contractor's equipment or other traffic. 9. Do not spread cement on any areas that "pump" under construction traffic. D. Mixing 1. Begin mixing as soon as possible after the cement is spread, and continue until a homogeneous and uniform mixture is produced. Make any necessary changes to meet the Engineer's requirements if the equipment does not produce a homogeneous and uniform mixture conforming to these Specifications. 2. Continue pulverizing until the base mixture is uniform in color and conforms to the following gradation requirements 1. 95 percent passing the 2 inch (50mm) sieve 2. 55 percent of the roadway material, excluding gravel, passes the No. 4 (4.75mm) sieve. 3. Add water as needed to maintain or bring the moisture content to within the moisture requirements immediately after the preliminary mixing of the cement and roadway material. 4. Mix the additional water homogeneously into the full depth of the mixture. E. Compaction and Finishing Test Section 1. Use the fust section of each constructed cement -stabilized base course as a test section. 2. Construct a test section between 350 feet (100m) and 500 feet (I 50m) long at the designated width. c. The Engineer will evaluate compaction, moisture, homogeneity of mixture, thickness of stabilization, and finished base surface. If the Engineer deems necessary, revise the compaction procedure or augment or replace equipment. 2. Time Limits a. Begin compaction within 45 minutes from the time water is added to the cement mixture. b. Complete compaction within 2 hours. c. Complete all operations within 4 hours, from adding cement to finishing the surface. d. Do not perform vibratory compaction on materials more than 90 minutes old, measured from the time cement was added to the mixture. 3. Moisture Control 291Page During compaction, ensure that the moisture is uniformly distributed throughout the mixture at a level of between 100 and 120 percent of the optimum moisture content. 4. Compaction Requirements a. Use a steel wheel roller for initial compactive effort unless an alternate method is approved by the Engineer. b. Compact the cement-stabiiized base course to at least 98 percent of the maximum dry density established on the Job Mix Design. c. Uniformly compact the mixture and then shape to the grade, line, and cross- section shown on the PIans. d. Remove all loosened material accumulated during the shaping process. Do not use additional layers of cement -treated materials in order to conform to cross-sectional or grade requirements. e. Use a pneumatic -tired roller to roll the finished surface until it is smooth, closely knit, and free from cracks or deformations, and conforming to the proper line, grade, and cross-section. f. In places inaccessible to the roller, obtain the required compaction with mechanical tampers approved by the Engineer. Apply the same compaction requirements as stated above in Subsection 301.3.04.E.4. g. Perform grading operations immediately after the placement and compaction operations. Moll the stabilized base course again with a pneumatic -tired roller. F. Construction Joints 1. Form a straight transverse joint at the end of each day's construction or whenever the Work is interrupted. 2. Create the straight transverse joint by cutting back into the completed Work to form a true vertical face free of loose or shattered material. 3. Form the joint at least 2 feet (600mm) from the point where the spreader strike -off plate comes to rest at the end of the day's work, or at the point of interruption. 4. Form a longitudinal joint as described above if cement -stabilized mixture is placed over a large area where it is impractical to complete the full width during one day's work. Use the procedure for forming a straight transverse joint. Remove all waste material from the compacted base. G. Priming the Base 1. The surface of the completed base course must be moist cured until the bituminous prime is applied. 2. Apply prime only to an entirely moist surface. If weather delays prime application, apply prime as soon as the surface moisture is adequate 3. Apply bituminous prime according to Section 412 as soon as possible and in no case later than 24 hours after completion of the finishing operations. 4. Maintain and protect the curing seal for seven days. 5. Protect finished portions of the cement -stabilized base course that are used by equipment in the construction of an adjoining section to prevent marring or damaging of the completed Work. Protect the stabilized area from freezing during the curing period. H. Opening to Traffic 1. Do not permit any traffic or equipment on the finished surface of the base course until the prime has hardened enough so that it does not pick up under traffic. For the first seven days after priming, restrict traffic to lightweight vehicles such as passenger cars and pickup trucks. Do not allow vehicles with an average axle toad exceeding 20,000 pounds (9Mg) on the unfinished base at any time. 2. Correct any failures caused by traffic at no additional cost to the Department. 1. Protection of Course Maintain the base course until the Engineer determines that it has sufficiently cured and is ready to be covered with the pavement course. Make repairs specified in Subsection 300.3.06.13, whenever defects appear. This 301Page preservation action does not relieve the Contractor of his responsibility to maintain the Work until final acceptance as specified in Section 105. 301.3.06 Quality Acceptance A. Compaction Tests 1. Determine the maximum dry density from representative samples of compacted material, according to GDT 19 or GDT 67. 2. Determine the in-place density of finished courses according to GDT 20, GDT 21 or GDT 59 , as soon as possible after compaction, but before the cement sets. B. Gradation Test Ensure that the gradation of the completely mixed cement -stabilized base course meets the requirements of Subsection 301.3.04.D.2. C. Finished Surface Check the finished surface of the cement -stabilized base course transversely. Check the surface using a 15 ft (4.5 m) straightedge parallel to the centerline. Additionally, use one of the following tools: a. A template, cut true to the required cross-section and set with a spirit level on non-superelevated sections 1.) A system of ordinates, measured from a stringline A surveyor's level Ensure that ordinates measured from the bottom of the template, stringline, or straightedge, to the surface do not exceed 112 in (12 mm) at any point. Correct any variations from these requirements immediately according to Subsection 300.3.06.B, "Repairing Defects. " C. Thickness Tolerances 1. Thickness Measurements Determine the thickness of the cement -stabilized base course, by making as many checks as necessary to determine the average thickness, but not less than one check per 1000 feet (300m) per 2 lanes. 2. Excess Thickness a. Determine the average thickness per linear mile (kilometer) from all measurements within each mile (kilometer) increment. • Ensure that the average thickness does not exceed the specified thickness by more than 1/2 in (13 mm). c. If the basis of payment is per cubic yard (meter), and the average thickness for any mile (kilometer) increment exceeds the allowable 1/2 in (13 mm) tolerance, the excess quantity in that increment will be deducted from the Contractor's payments. d. The excess quantity is calculated by multiplying the average thickness that exceeds the allowable '/z in (13 mm) tolerance by the surface area of the base, as applicable. E. Strength 1. Ensure that the strength of the completed cement -stabilized base course is at least 300psi (20700a), as determined from testing the unconfined compressive strength of cores from the completed course in accordance with GDT 86. 2. If a strength test falls below 300psi (207OkPa), do the following: 31 1l'age a. Isolate the affected areas by securing additional cores every 75 feet (23m) on each side of the failing area. b. Average all compressive strengths in the affected area to determine the basis for corrective work according to the following table or the Engineer's directions. Compressive Strength Corrective Work 300 psi (2070 kPa) or greater None 200 psi (1380 kPa) to 299 psi (2069 kPa) 6" & S" (150mm & 200mm) base — add 1351b*d2 (75kglm2) asphaltic concrete Less than 200 psi (1380kPa) Reconstruct affected area Notes: 1) Ensure that a corrected area requiring asphaltic concrete is at least 150ft (45m) long and covers the full width of the cement -stabilized base surface. 2) Perform corrective work requiring asphaltic concrete or reconstruction at no additional cost to the Department. 301.4 Measurement A. Base Material Measure base material by the cubic yard (meter), loose volume, as specified in Section 109, during mixed-in— place construction when it is necessary to add materials to the roadbed or to build up the base with new material. B. Cement -Stabilized Base Course Measure the surface length along the centerline when payment is specified by the square yard (meter). The width is specified on the Plans. Measure irregular- areas, such as turnouts and intersections, by the square yard (meter). C. Portland Cement Measure Portland cement by the ton (megagram). D. Bituminous Prime Bituminous prime is not measured for separate payment. Include the cost of furnishing and applying bituminous prime according to the provisions of Section 412 in the Unit Price Bid for each individual base item. E. Coarse Aggregate Measure coarse aggregate by the ton (megagram). 301.5 Payment A. Base Material When it is necessary to add other materials to those in the roadbed, or to build up the base with entirely new materials, the added base materials, will be paid for at the Contract Unit Price per square yard (meter), complete, in place, and accepted. Payment will be full compensation for soil -cement material, mixing in the pit, loading, unloading, and spreading. B. Cement -Stabilized Base Course Cement -stabilized base, in-place and accepted, will be paid for at the Contract Unit Price per square yard (meter). Payment will be full compensation for roadbed preparation, mixing on the road, shaping, pulverizing, watering, compaction, defect repair, bituminous prime and maintenance. C. Portland Cement 321Page Portland cement will be paid for at the Contract Unit Price per tori (megagram). Payment is full compensation for furnishing, hauling, and applying the material. Only Type I or Type 11 Portland cement incorporated into the finished course will be paid for and no payment will be made for cement used to correct defects due to the Contractor's negligence, faulty equipment, or error. D. Coarse Aggregate Coarse aggregate will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation for furnishing, hauling, spreading, watering, shaping, and compacting the material. Payment will be made under: Item No. 331 Base --including material Per cubic yard (meter) Item No. 301 Cement Treated Base Course Per square yard (meter) Item No. 301 Type I or Type 11 Portland Cement Per ton (megagram) Item No. 804 Coarse Aggregate — including material Per ton (megagram) 331Page PROSECUTION AND PROGRESS The City desires to have all work completed by September 30, 2013. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Labor Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. The scope of work includes pulverizing the existing pavement; constructing a stabilized base; installing topping; and as further described in the project specifications. The deceleration lanes into subdivisions and business' will not require full depth reclamation, but will require edge milling to tie-in properly to curbs and side streets. PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. OC/OA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests 341Page shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 154. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Pilot vehicles will be required during all FDR work and placement of bituminous surface treatment or asphaltic concrete on two-lane roadways unless otherwise specified. Pilot vehicles shall meet the requirements of the MUTCD. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement 351 Page damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. The contractor shall provide 4 variable message boards to be placed at the direction of the City. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. 361Page Deceleration lanes into subdivisions will not require full depth reclamation unless directed by the city. In these and any other areas not identified for reclamation, the contractor shall provide profile milling for the entire width of the deceleration lane. The contractor shall also mill side streets to provide an adequate tie-in. The side streets shall be milled from the edge of travel lane to the radius point of the side street or up to a maximum 15' of the travel lane. The contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Edge milling shall match the depth of the overlay. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The contractor shall provide the straightedge and labor for its use. All irregularities in excess of 118" in 10' shall be remilled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 114" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the willing operation shall become the property of the contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. ROAD WIDENING AND SHOULDER CONSTRUCTION 371Pa2e On Hamby Rd, Dinsmore Rd, and Bethany Rd. the contractor will box out the shoulder to a depth of 10 inches and width of 2 feet for widening on each side of the road or as necessary to establish a minimum base width of 26 feet. All boxed out areas shall be filled to the level of the edge of pavement at the end of work each day. All unsuitable and excess material shall be removed from the jobsite at the contractor's expense within 7 calendar days. The shoulder area shall be top dressed with screened topsoil before grassing and all asphalt chunks and rocks shall be removed. Cost of shoulder backfill, reconstruction, and grassing shall be considered incidental to the work and included in the bid price for other pay items. All disturbed areas shall be mulched and grassed in accordance with GDOT Specifications, Section 700 within 7 calendar days from the time of completion of each project segment. All rock added if needed to supplement material will be spread from the tailgate to the depth of 1.5 inches over the entire in-situ asphalt and uniformly mixed. After mixing the mixture will be pushed into the void created by the box out crew. The finished base course mat shall be 26 feet wide and the asphalt mat shall be 25 feet wide with a 30 — 35 degree angled fillet (Safety Edge) along each side of the roadway. Contractor shall provide a smooth transition from the finished paved surface to all existing driveway aprons. In any area where widening effects concrete driveways these driveways shall be saw cut for removal at the new roadway width. Cost shall be incidental to the work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of asphalt. Bituminous tack is not measured as a separate pay item. AC -20 or AC -30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. PAVEMENT MIX DESIGN The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDDT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a daily basis. The most current version of the GDGT Specifications and Special Provisions apply, including but not limited to sections 400 (including off -system Special Provision) and 301 Soil -Cement 381Page Construction. Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. SUBGRADE STABILITY To limit the likelihood that isolated zones of unstable soils are present, the contractor should proofroll the subgrade prior to mixing. Proofrolling shall consist of applying repeated passes to the subgrade using a heavily -loaded rubber -tired vehicle. Any materials judged to deflect excessively under the wheel loads should be undercut to more stable soils. The undesirable materials shall be removed and replaced with stabilizer aggregate (graded aggregate base) and mixed with the Portland cement. This work shall be paid for by the ton of stabilizer aggregate. THERMOPLASTIC PAVEMENT MARKINGS This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic) pavement markings shall be placed at least 30 calendar days but no more than 60 calendar days after placement of final asphalt lift. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. unless specifically directed otherwise by the City. On all FDR roads the lane width will not exceed 10'6" center to center allowing for the maximum safety shoulder width. Final pedestrian crosswalk markings shall adhere to the latest standards. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list The Contractor shall install temporary paint pavement markings on the reclaimed base course prior to re -opening the roadway until topping is installed. Temporary paint shall also be used on the completed topping course while awaiting the thermoplastic striping. This work will be considered incidental and should be included in the lump sum bid for Traffic Control. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. 391Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: 4129113 5/14/2013 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) 5/16/2013 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 5/22/2013 a, 2:OOPM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite -107G Milton, Ga. 30004 Contract Award (On/about) Notice to Proceed Issued (Onlabout) 6117/2013 6/18/2013 401Page Reference Only Snhject to change SAMPLE CONS TR UCTION A GREEMENT This Construction Agreement (the "Agreement') is made and entered into this day of ,20 by and between the City of Milton, apolitical subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Couilcil. (hereinafter referred to as the "City'), and XXXXXX, a with its principal place of b siness located at XYXXXXX {hereinafter referred to as the "Contractor') (collectively referred to=herein-as the "Parties'). WI TNESSX= TH: WHEREAS, the City issued a Invitation to Bid, i%itedXXXYXXKYXXXX .• for services generally described as XXXXXXX,• and WHEREAS, the City finds that specialized knowledge:=skills, anaxf'iiining are neces 6 yjo perform the Work contemplated under this Agreement,• .afid WHEREAS, Contractor has represented t> ajt is qualified by�training and experience to perform the Work; and r} rY } WHEREAS, based upon'Contractor's bid,fi:r-responseib'.tl. lnvitatior:to:Bidfor XXXXXXXXXXXXX, the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agree to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agro-e'm` ent; and WHEREAS, Conductor hasfamiliari ed itself with the -nature and extent ofthe Contract Documents, the Project, and the Work, wiih,all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance-4the Work, and Contractor is aware that it must be licensed to do business in the State:p[Georgia. r• NOW THEREFORE, the Cind Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agrees it?'ats 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, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: M. This Agreement; N .Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A" (including the Project Specifications); Q. Bid Documents from Contractor dated attached hereto as Exhibit "B"; P. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit "C" Q. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D R. Final Affidavit, attached hereto as ,Exhibit "E"; S. Alien Employment affidavits attached hereto as Exhibits "F" and "G H. SAYE tiffirdavit attached hereto as Exhibit "H"; J. Key Personnel, attached hereto as Exhibit "J K. 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 d0uments amending modifying, or supplementing the Contract Documents if properly adopted in wriiing: and executed by the Parties. Section 2. Proiect Description The Project is defined generally as follows:. «, Section 3. The Work The Work is specified and indicated in the Contract Documents>(the "Work'). 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 coanplete the ;Fork. in sirict.cTCeordance with the Contract Documents (including, but not limited to, the Project. Specifications attached hereto and incorporated herein by reference). In the event afany discrepancy..among the terms of -the various Contract Documents, the provision most beneficial to the City, as determined by the:` ity in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Nod, to Proceed shall state the dates for beginning Work andfor achieving Final Completion rJ'Work. Work shall cotnln"eVice within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents tharit;will perform the Work in a prompt and timely manner, which shall not impose delays on the progre§. -,: the Work Contractor agrees to complete the Project within XXkX days from the date of the City's. issuance nfavritten Notice To Proceed. Section 5. Contractor's•Comnewalion; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as parr of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses far 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 Iimited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actuallyperformed and costs actually incurred in accordance -with the Agreement. 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. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O. C.GA, § 44-14-366. For reasonable cause andlor when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (101/6) of the maximum Contract Price to ensure performance of the Agreement. ,Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Uponcrlr.i' letion 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 perforW� , ,times: or...locations required to complete such tests or inspections and like deviations from the Work describ..ed in -this Agre&r ienl 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 Vection 6 below. The City shall pay the Con -'tractor within thirty:3P) days after approval of the invoice by the City. No payments will be made for un.aufhorized work. Payment" ivill._be sent to the designated address by U.S. Mail only, payment will not be hand -delivered, though the Contracto -.: iTgy arrange to pick up payments directly from the City or may make written requests. for the City ig deliver payni r,kfs Jo the Contractor by Federal Express delivery at the Contractor's: expense. The City may withhold payment orfnal payment for reasons: including, but not limited to, the following: unsatisfactory job performance or progress,. defectiy }york disputed:::work, failure to comply with material provisions of the Agreement, third party claims fled nr:rQranable evidence that a claim will be filed or other reasonable cause. r� J. Section 6. Work Chaiikes' A. "Change order " means a written moaication of the Contract Documents, signed by the City and the Contractor_ 8 : '� ftyreserves the right to orW r:Chgnges`0:the Work to be performed under this Agreement by altering, adding to, or deducting from 'th- Xork. All such changes shall be incorporated in written ` ', •' change orders and e_recuted by the Contractor and City. Such change orders or construction change directives shall spec the changes ordered and any necessary adjustment of compensation and coTpletion..i ine. If the Parties cannot reach an agreement on the terms for performing the changed Work 'ivithin 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 shallproceed with the changed Work. C. Any Work` added to the scope of this Agreement by a change order or construction change directive shall.;8e: executed under all the applicable conditions of this Agreement. No claim far additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor - D. The City Manager has authority without further action of the Mayor or Council 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 under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10, 000.00, must be approved by the City of Milton Mayor and Council. Section Z Covenants of Contractor. C. 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. D. Time is of the Essence Contractor specifically acknowledges that TIME IS.g4-.X 3E ESSENCE for completion of the Project. =: 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'tiijs:�A, greement is to engage an entity with the requisite capacity, experience, and professional skill aria.judgment to provide the services in pursuit of the timely and conipet nr completiQn of the Work tirtd�laken by Contractor •..,. under this Agreement. The:. Contractor agre'es:to.use.its best efforts, skill, judgment, and abilities to perform its obligations' aod.to further the interests of the City and the Project in accordance with the City's requirements grid &ocedures. Contractor represents that it has familiarized itself wikh the nature and extent of the Contract Documents, the, Work, work site(s); locality, .and all local `i dohditions, laws and regulations that in any manner may`gTect cost, progress, performance, or furnish'i ig of the Work. Contractor further represents and agrees _that it has.,.correlraed the results of such observations, examinations, investigations, explorations, tests, repot:rs, 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 rl En thereof ky the City is acceptable to the Contractor. Contractors?:agrees tW" will perforin, its services in accordance with the usual and customary standards of flip: Conti�*for's profession or business and in compliance with all applicable federal, state, auit local Idtius;;;rggulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees o, bear the full cost of correcting the Contractor's negligent or improper Work, the negligent &"improper work of its contractors and subcontractors, and any harm caused by such. negligent Work, The Contractor's dxties 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 ar produced, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the World 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 Contractors 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 Citydoes not undertake to approve or pass upon matters of expertise of the Contractor and that ,A. i• fore, the City bears no responsibility for Contractor's services performed under this Agreemet I,';: The Contractor acknowledges and agrees that the acceptance of Work by the City is limited:61heA?zction of determining whether there has been compliance with what is required to be.praduced uricdr-(his agreement. The City will not, and need not, inquire into adequacy, fitness, suitabiliO),'::or correctness of Contractor's performance. Contractor further agrees that no approval of =ile�igns, plans, specifications, or Work by any person, body or agency shall relieve Contractor of tie :qponsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under'-:pxro,�essional and industry standards or for performing services under this agreement in acc6;i=dance with sound and accepted professional andindustry principals;::;:::; F. Contractor's Reliance on Sub»dssions by Contractor must have timely injorvnation and input from,.:':ihe City in order to perform the Work required under this Agreement- Contractor is entitled to rely: upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably`sFiould'now kthat crrry-..information provided by the City is erroneous, inconsistent, or.. otherwise problematic. G. Contractors:Representattt.e.-.. titin 2 : .......... shall ;he.authorized to act on.Contractor's behalf with respect to the Work as .ti r Contraa ;�,s designated representative.:;::::,:-- Ff Assignment ofA reement 'Thk.Contractor covehants and `agrees not to assign or transfer any interest in, nor delegate any duti� :pf this Agreeme' t, without the prior express written consent of the City. As to any approved subconp.�.pctors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no 6� gation 10,them. I 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 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 41rectly 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 steall not be limited in any way by any limitation on the amount or type of damages,;:corripe,lsation 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 alts,.,`This obligation to indemniA defend, and hold harmless the City and City Parties shall:s i ve termination of this Agreement, provided that the claims are based upon or arise out'vf dations that occurred Miring the performance of this Agreement. J. Independent Contractor Contractor hereby coveniitifs; and declares that -it . is engaged in an independent business and agrees to perform the Work as an. independent contractor and not as the agent or employee of the City. The Contractor agrees to be salely.responsible for: its own matters relating to the time and place the Work is performed, :the instrumentalities, tools,�supplies andlor materials necessary to complete the._ork,. hiring of subcontractors; agents or erravloyees to complete the Work, and the payment.af>ernplayees, including compliance with"Social Seeurity, withholding and all other regulatibhs':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;'fa.,be performed by Contractor or to exercise a measure .af control over suekservices-.will be, deemed' -:to mean that Contractor shall follow the directions of --r ��> •-� e City with regA'o'Yhe results ofsuch services only. Inasmuch as' he City acid the Contractor are independent of each other, neither has the authority to bind the ot&is tci, an third' erson or otherwise to act in an w as the representative o the y p. Y ay P f "..(her, unless Ar'pise expressly agreed to in writing signed by both Parties hereto. The Tactor agrees •i to represent itself as the City's agent for any purpose to any party or to aNsiu;vpy employa :b xthe Contractor to do so, unless specifically authorized, in advance and in writxit,�,- to do so, aril then only for the limited purpose stated in such authorization. The Contractor shall assuitie full liabilityfar any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. IC. 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single .limit per occurrence for bodily and personal injury, sickness, disease,or•.death, injury to or destruction of property, including loss of use resulting thergfrom. (c) Workers' Compensation • limits as regxiired by the State of Georgia and Employers Liability limits 431,000,000 (one`million dollars) per accident. (3) Deductibles and Self-insured Retentions: Any deductibles 'or self-insured retentions must be declared to and approved fry>M4:. City in writing. (4) Other Insurance. Provisions: The policy .is to contain, or be endorsed to contain, the following provisions: (a) General Liability a.hdl:automobile Liability Coverage. The City and City. Parties are to: bexavered as insureds. The coverage shall contain no special ?imitations nn the scope of protection afforded to the City or City Parties: N) The Contractor -'s insurance coverage shall be primary noncontributing insurance as :respects to any other insurance or self-insurance •available to the. Clay or City Parties. Any insurance or se f insurance maintained.:by th City or City Parties shall be in excess of the = :•. ContractorVint urance and shall not contribute with it. 'A"ilure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. 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 behaf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Conlraclor for the City for General Liability coverage only. (b) Workers' Compensation Covera e: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (i i} Policies shall have concurrent starting and ending dates. (5) Accotabilhy of Insurers: Insurance is.ilq. be: -placed with insurers authorized to do business in the State of Georgia and with air A. �Bests'rating of no less than A: VI (6) Ver cation of Caverax e: Contraclnr shall furnish tW`,!Eity with certificates of insurance and endorsements to the policies evidencing coverage regacired by this clause prior to the start of Work, The cert fcate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and. shall be received and approved by the City within ten (10). days of the Notice of Award.::::The City reserves the right to require complete, certified copies of all, required insurance policies, at any time. The Contractor. shall. provide proof that: any:expiring coverage has been renewed or replaced at least two' (2)'weeks prior to the..expiration of the coverage. (7) Subcontractors: Contractor shall... include all subcontractors as insureds under its policies or shall furnish :separate c-,rtifcates and 4hdorsements for each subcontractor, ril[.coyetage.for subcontractors shall besubject to"aIP'of the requirements stated in this Agreernent, including but not limited td namitik!he,Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination. or final payment under the Agreement, whichever is later. (9) Citv_as Additiaital Insured Lass Payee: The City shall be named as an additional insurer. ..and loss tryee on all policies required by this Agreement, except the City meed not be:named as`an.. ddittona! insured and loss payee on any Workers' Compensation policy. .L. Bbrids;. c The Ca]hir- ctor shz l provide Performance and Payment bonds on the forms attached hereto as Exhibit "C a'hd.tivith"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 (I) E- Vert yAffidavit It is the policy of City 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 "F" and "G" (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to D. C. G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E-Ver') program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens rill be employed. The Contractor hereby.:yeriftes that it has, prior to executing this Agreement, executed a notarized of davit, elie form of which is provided in Exhibit "F", and submitted such affidavit to City. 1n the event the Contractor employs or contracts with any subcontractor(s) in. connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with Q.C.G.A_ § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor, affidavit, the form of•ivhiq'h is attached hereto as Exhibit "G "> and such subcontractor'iTdavir shall became pari: rif the contractorlsubcontractor agreement. Further, Contractor' agrees to provide completed. copies of Exhibit "G" to the City within five (5) business. days of receipt.from any subcontractor. The City Manager :or hislher designee.shull be authorized to conduGt•:an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the .:verification was correct and complete. The Contractor and Contractor's Subcontractors: shall retain all, ,i�pcuments and records of their respective verification process for a per' dd. of three"(3. �,:m.years following completion of the Agreement. The City Mdflgger or hislher . designee shall. further be authorized to conduct periodic inspections to `ansure that no .City Contractor yr Contractor's subcontractors employ unauthorized intens on Cirj contracts. By entering into a contract with the City, the Contractor and -.Contractor's .subcontractors agree to cooperate with any such investigation by makir itheir records and personnel available upon reasonable noticefor :::: ,Wspcction and questioning: Where a Contractor or Contractor's subcontractors are found to liave employed an unauthorized alien, the City Manager or his/her designee may report some to the Department of Homeland Security. The Contractor's failure to cooperate-;with ihe.investigation may be sanctioned by termination of the Agreement, and the Contiiitor 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 { ti e_form and' Control Act of 1986 (IRCA), P.L. 99-603, Q. C. G.A. § 13-10-91 and Rule 10-1-.02..: Contractor's compliance with the requirements of d.C.G.A. § 13-10-91 Ad 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. 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 hereby agrees that, in the event Contractor employs or contracts with any subcontractors) 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. The above requirements shall be in addition to the requirements of State and federal lave, and shall be construed to be in conformity with those laws. (2) SAYE Affidavit and Secure Verifiable Document Pursuant to O. C. G. A. ,§ 50-36-1, the City must oblain a SAYE Affidavit and a secure and verifiable document evidencing the Contr'actor's legal status in the Country each time that Contractor obtains a public:b.eneft. including any contract, from the City. Contractor hereby verifies that it has,7-prior to 6xgcuting this Agreement, executed a SAYE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to 0. C. G. A. ,§ 16•-10-71) ''a form of which is. attached hereto as Exhibit and submitted such affidavit tn: 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 M4is Contractor::s;legal status, td -the, City either in person or electronically:. (in compliance''::with the "Uniform Electronlc.; Transactions Act). Contractor verifies that. it is in compliance. -with the Residency Status of an Applicant for Public Benefit, dv regi irad. by the Geo11944�ecurity and Immigration Compliance Act (O. C. G.A. § 50-3 6- X N. Records, Reports and Audits (1) Records: (a) Recor&'.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 p&iod of.three years from the date that final payment is made under: this Agreemer t 'Furthermore, records that are the subject of audit frndinks.:iball be retained for three years or until such audit findings have been resolved,, ie331chever is later. r (b) 411'<costs shrill -"be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in prober detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in :whole or in part to this Agreement shall be clearly identified and readily ,accessible. (Z) 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. O, Conflicts oflnterest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. 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, andlor staff to likewise protect such confidential information. The Contractor agrees that confidential informatiom it, receives' -or such reports, information, opinions or conclusions that Contractor creates underthis Agreemrft-s hall not be made available to, or discussed with, any individual or organqo?3pn, including th'&:'rzews media, without prior written approval of the City. The Coniractosall exercise reasorralit., precautions to prevent the unauthorized disclosure and use of 'CiF z; irtformation whether specrcally deemed confidential or not. Contractor acknowledges.:thal the City's disclosrsr.a,locumentalion is gotierned by Georgia's Open Record's Act, and :Contractor further dbk. otiyTedges that if Contractor submits records containing trade secret itiformatibn_ and if Contrae or wishes to keep such records confidential, Contractor must submit and addch:tb.such records: an affidavit affirmatively declaring that speck information in the records constitutes trade secrets. pursuant to Article 27 of Chapter 1 of Title Id, and -the Parties shall follow the requirements nf'p:.C.G.A. § 50-18-72(a)(34) related thereto. r Q Licenses ' ert cations and Permits ti f The ContrAi for 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'. bio other regulatory bodies in order to perform the Work contracted for under this Agreem'enk, Further, before commencing Work, Contractor, at its ff own expense, will obtain:atll licenses, permits or other governmental authorizations needed to Perform the Project. ("Licerist s ), including but not limited to any permits required by the EPA or :r.fthe Georgia Environmental A6ii ction Division, if any, and shall furnish copies of such permits to I'it:City within len .days of isskuance. Contractor further agrees to maintain such Licenses and comply with the teri k of all such Licenses throughout the term of this Agreement. All Work Performed by Contizii 4or under this Agreement shall be in accordance with applicable legal requiremernts and: shall meet the standard of quality ordinarily expected of competent professionals. K Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with US. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Kg Personnel All of the individuals identified in Exhibit "J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes 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 performana eany portion of the Work without the prior written consent of the City. Contractor shall be: solely responsible for any such subcontractors in terms ofperformance and compensation. T. Authors to Contract = The Contractor covenants and declares`that. it has obtained all necessar�rapprovals of its board of directors, stockholders, general partners, limited partners _or similar authorities to simultaneously execute and bind Contractpr, to the terms of this'-Agreenient, if applicable. y= U. Ownershi2 of Work yz; ,411 reports, designs, drawings;-•plans, specFalions, schedules, work product and other materials prepared or in the process oj' being prepared for the services to be performed by the Contractor ("Materials') shall he the property of the City,. ani! 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?? -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 ;skicri2 xeplace them at its:own expense. piny and all copyrightable subject matter in all Materials is ::: 'tiifr .Signed to the City and the:;_Cnn-trai of agrees to execute any additional documents that may be �psary to evidence such crssasinent. •jam 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 Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contracior .will be given a minimum of three full working days notice of meeting date, time, and location. Face-lo-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 Agreement. .Section 8. Covenants of the City R Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City's representative XXXXXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] 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 Jar convenience, Confiractor shall take immediate steps to terminate Work as quickly: and" effectively as possible and shall terminate all commitments to third -parties unless otherwise instructedliy`thje City. iii. Provided that no damages are -:due to the City for Contrdctors failure to perform in accordance with this Agreement: rhe Citv shall. pay Contractor::.in accordance with Section S herein, for all debris that'4§74oaded.and disposed and f r other Work that is performed by 6:00 Pel on the day follotiWng 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 Contracrnr':s.efforts, but fn no case shall the City's total payment for thea.Work exceed the maxim wn C'onrract Price agreed to herein. B. Termination for i. The City may terminate this Agreement far 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 ;.Surety;. foils to cure thede fault within that period, the termination shall take place ' u.ut further novice. ii. Th t r shall tkn, make alternative arrangements for completion of the Project. The City itit7f_nake noayment to the Contractor or its Surety until all costs of completing the Project are: paid If theder unit price charged by the replacement contractor exceeds the per unit prrE,charged by the Contractor, as provided in this Agreement„ the Contractor or ifs Surety;il! pay the difference to the City to finish the Project. C. If the City terminatex'•ihis 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 Sectioh, l D(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 Iaw or in equity. Section 11. 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. ,flection 12. Miscellaneous A. Complete A eement. This Agreement congitutes the comptele agreement between the Parties and supersedes any and all other agreements; -' either oral or`4ri� 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 mod fe4 or amended only by a written document signed by representatives of both Parties with appropriate authorization. 8- Successors and Assigns.. Sub ject to the provisiom.of this agreement regarding assignment, this Agreement shall be binding. on--tfi&-;heirs, executors;? administrators, successors and assigns of the respective Parties, provided.: thar- no.:pQrty may assign, this agreement without prior written approval of the other party, C. Governine f_aw_: This Agreement;. h,Wl begotierned by. and construed under the laws of the .State of Georgia. If any action at law or in equity is: broughr.. to enforce or interpret the provision of this Agreement, the rules, regulations, s(atwes. and laws of t6ie State of Georgia will control. Any action or suit related to -this Agreement. shall be brought in the Superior Court of Fulton County, Georgia- ` Counterparts- This Agreement may be executed in any number of counterparts, each of which shall he deemed to be. an original, but;gl of which together shall constitute one and the some instrument. E. Invalidt o Provisions. SkQldwny part of this Agreement for any reason be declared by any of competent jurisdiction, be invalid, such decision shall not affect the validity of any reMti i.ng 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 anysuch 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 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, 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 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. 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. H. Force Majeure. Neither the City nor Contractor shall be,liablefar 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) arty :of their respective duties or obligations under this Agreement or for any delay in such performance due to: (ij. wny 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 andlor agents of Contractor,%(iii) delay :or failure to act by.:any governmental or military authority,- or (vii). any war, hostility, embargo, sabotage, clod,= --disturbance, riot, insurrection or invasion. In such Event, the time for..-.' formonce shall be wended by an amount of time equal to the period of delay caused by such,. ts. 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 CQ�ge-Drder relating. to same. All other obligations shall remain intact. I Headings. :The caution or headnote-on.articles or sections of this Agreement are intended for convenience and ease of reference purposes'only and in nd'way define, limit or describe the scope or intent thereof, or of this Agreement n¢k ¢n any way affect this Agreement_ J. In.accordance .with TitIr,--;Y1 of the Civil Rights Act, as amended, 42 US, C. § 2UDDct;. section 303 of the Age Disc:riminatio0a of 1975, as amended, 42 U,S.C. § 6102, section 202 of the Americans with Disabilities Act -of 1990, 42 IJS.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, tivilI not discriminate against any employee or `applicant for employment, aWi subcontractor, or any supplier because of race, color, creed, national origin, gender, age o"disability. In addition, Contractor agrees to comply with all apf#cable implementing regulations and shall include the provisions of this Section 12(,1) in every subcontract for services contemplated under this Agreement. K. Waiver. N -o 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 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 under seal as of the datefirst above written CONTRACTOR: By: ,fittest: SIGNET in the pi Witness Notary, (NOTA My Con [SIGNA (signature) (print) Approved as to form: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED i.n the presence of.- Witness f Witness Notary Public [NOTARY SEAL] * Commission Expires: EXHIBIT "A " ]Insert Invitation to Bid] E)CHIBIT "B " [Insert Bid Documents] titi•y EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT CONTRACTOR, hereinafter referred to as the "Principal'), and (as (as SURETY COMPANY, 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::"C'ity'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of _ Dollars {$ }, lawful money of the United States ofAmerica, for the payment of o.k.h the Principal and (he Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly an&si eperally, firmly by these presents. WHEREAS, the Principal has entered or is about to 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 c j a project known as (hereinafter referred to as "tire PROJECT;). NOW THEREFORE, the conditions of this obligation are as follows_ That if the, Principal shall fully and completely perform. each and all of the terms, provisions and :::"irements of the Contract, including and durthe period of arty warranties or guarantees required th&.&under, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from a?V.. and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but nbt limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach 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 notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance }written approval of the City. The Contractor's Surety hereby waives notice of any and all modf cations, omissions, additions, changes and advance payments or deferred payments in or about the Conrraei, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason., of ahy 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 lawfor suit on'contracis: 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 aulhorized officers or attorneys -in fact this day of 20 Attest., Title: Date: (print) CONTRACTOR ("Principal') 0 Title: [AFFIX CORPORATE SEAL] ignature) (print) [SIGNATURES CONTINUE ON FOLLOWING PAGE) Attest: Title: Date: CONTRACTOR'S SURETY: U. m Title: (signature) (print) (signature) (print) (SEAL) PAYMENTROND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal'), and (as SURETY. COMPANY, hereinafter referred to as the "CONTRACT'OR'S SURETY' ), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City' j, for the use and benefit of ani . "Claimant, " as hereinafter defined, in the sum Of Dollars ($ - `), lawful money -,'of -the United States ofAmerica, for the payment of which the Principal and the Contractors Surety bind themselves, their :heirs, executors, administrators, successors and assigns, jointly and severally firmly by thesepresents. 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 "CONTRACT' ), for the construction of a project known as _ (hereinafter referred to as "the PROJECT -)- NOW THEREFORE, the condition of chis 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. any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the 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 frond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authori=ed officers on this day of 20 CONTRACTDR: ' fty:: (signature) (printed) Title: (SEAL) Attest: (signature) :R (prirrtedj Title: r Date: .fittest: (signature) (printed) CONTRACTOR SURETY: By: Title: (signature) (printed) (SEAL) Title: Date: (A TTA CH SURETY'S POWER OF ATTORNEY) STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLLUSIONAFFIDAVIT OFPRIME PROPOSER being first duly sworn, deposes and says that: (1) He is (Owner, Partner,:_'Ocer, Representative, or Agent) of (the "Proposer') that has submitted the attached (2) He is fully informed respecting their preparation and eontehts. of the attached Bid and of all pertinent circumstances respecting such Bid, (3) Such Bid is genuine and is not a collusive of sham Bid, (4) Neither the said Proposer 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 Proposer, firm or person to submit .a. collusive or sham Bid in connection with the Contract for which the attached Bid has -been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to ftr the price or prices in the attached Bid or of any: wher'Proposer, or to..seeure through any collusion, conspiracy, connivance or unlawful agreement any advantage against, the City or-",,. ty. person interested in the proposed Contract, and, (5) The price orprices quoted inthe attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature of �t iithorized Officer or Agent Printed Name and Tfi afAuthorized Officer or Agent SUBSCRIBED AND SWORN T O BEE`bRE ME THIS DAY OF 20 Notary Public My Commission Expires Date (SEAL) EXHIBIT "E,, FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, hereby certify that all suppliers:.af materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any:ofats subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and: satisfred in full as of 20 and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawf l prop ceding at law or in equity. Personally appeared before me this i deposes and says that he is above statement and that to the best of his lu Signature title ... 217 who under oath of tlae firm of XXXXXXXXX. that he has read the ;-relief same is an exact true statement. NptawNblic 1 [NO YSEA I] fission Expires EXHIBIT "F" STATE OF GEORGIA CITY OF MIL TON CONTRACTOR AFFIDAVITAND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verb, or any subsequent replacement program. accordance with the applicable provisions and deadlines established in d. C. G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal .work authorization program throughout the contract period, and the undersigned contractor will contract for the:phy.sical performance of services in satisfaction of such contract only with subcontractors jv.hopresent an affidavit to the contractor with the information required by O-C.G.A. § 13-10-91(b), a form of ivich is attached hereto as Exhibit "G ". Contractor hereby attests that its federal work authorization. user identification nttmbo-;.and date of authorization are as follows. :. Federal Work Authorization User Ident f cati0rf Number Date ofAuthorization Name of Contractor Name of Project." ` T. Name of Public Employer I hereby declare under penalty of perjury that the. foregoing is true and correct. Executed on : tiv 201_ in (city), (state). Signature ofAuthorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAYOF , 201 . Notary Public (NOTARY SEAL] My Commission Expires: EXHIBIT "G" STATE OF GEORGIA CITY OF MELTON 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 (name of contractor) .on behalf of the City has registered with, is authorized to use and uses the federal work authorization program.;gbmmonly known as E- Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in n. C. G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the; undersigned subcontractor will contract for the physical performance of services in satisfaction of such contractonly with. sub -subcontractors who present an affidavit to the subcontractor with the information requirad by O.C. G.A. ,x::;13. -10-91(b). Additionally, the undersigned subcontractor will forward notice of the. -receipt of an affidavit fr*a sub -subcontractor to the contractor within Eve business days of receipt. If the •undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub-subcontrrg7 lor, the undersigned subcontractor must forward, within five business days of . receipt, a ;copy of the notice:.to the contractor. Subcontractor hereby attests that its federal work authorization -•:-user' identification number and date of :•:•.. authorization are as follows: r � Federal Work Authorization User, Identification Number Name of Public Employer s. I hereby declare under penalty of pei jyriT,' jhat the foregoing is true and correct. Executed on 701in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF '201 Notary Public [NOTARYSEAL] My Commission Expires: EXHIBIT "H" SA VE Affidavit By executing this affidavit under oath, and as an applicant: foi"a city contract, a public benefit, as referenced in O. C. G.A. § 50-36-1, from the City of Milton, the ..undersigned applicant, acting on beha�r of verifies one of the following with respect .to, my application for a public benefit: I) I am a United States citizen. 2) 1 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.Homelarid:.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 rh'at`he or she'i'18 years of age'or older and has provided a copy of at least one secure ..:..and.. verifiable document . to,'.:''..the... City, as required by O.C.G.A. 50-36-1(e)(1), with this. u#11davit. The secure and verifiable document provided with this affidavit can best be classified as: In making -the above representation under oath, I understand that any person who knowingly and willfully makes a false, fact thous, or fraudulent statement nr. t presentation' irr an of davit shall be guilty of a violation of O.C. G.A. § 16-10-2a arrd face criminalpenidries us a?locoed by such criminal statute. Executed in `'� (City), (state). �fSY i . \5' rrS' Signature of Applicant r J Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY P UBLIC MY Commission Expires: EXHIBIT "I" [RESERVED] EXHIBIT "J" KEYPERSONNEL [Insert Key Personnel] END SAMPLE CONTRA CT ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 13-PW7 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13440 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rickpearce@u cityofmiitottga. us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS• Signature ADDENDUM #1 Date Item #1 The bid schedule from the ITB is deleted and replaced with the following: ITEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS QUANTITY PRICE AMOUNT 150-1000 Traffic Control LS 7 Cement Cement Stabilized Base Variable 301-2260 71,pDp Depth 301-S000 Portland Cement TH 2,'100 310-1101 Or Aggr Base Crs TH 1,400 Asphalt Concrete Patching 402-1802 Including Bituminous Material 8, H TN 4,500 Lime 3 in. Recycled Asphalt Concrete 9.5 MM Sperpave, Tp 11, Blend 1, 402.3102 TN 4,250 Including Bituminous Material and H -Lime 1.5 in. LMIG Recycled Asphalt Concrete 9.5 MM Superpave GP 2 Only 402-3103 TN 10,500 Including Bituminous Material and H -Lime 1.5 in. Asphalt Concrete 19 MM Superpave GP 2 Only Including 402-3190 TH 8,000 Bituminous Material and H -Lime 2 in. Mill Asphalt Concrete Pavement, 432-501 D SY 23,000 Variable Depth 600-1000 Plowable Fill CY 500 Thermoplastic Pavement Marking 653-0120 EA 16 Arrow, Type 2 Thermoplastic Solid Traffic Stripe, 653-1704 LF 200 24" White Thermoplastic Solid Stripe, 5" 553-2501 LM 11 White Thermoplastic Solid Stripe, 5' 653-2502 LM 11 Yellow 6534501 Skip Traf Stripe, 5" White LF 1,000 Thermoplastic Solid Traffic Stripe, 653-60�� SY 2500 8" Yellow Questions and answers 1) Would the City of Milton consider giving the contractors a spread sheet with the length, width and proposed tons of each asphalt item (resurfacing, patching, etc.) on each road? If this information is given to the contractors then each bidding contractor will have the same information to bid by (apples to apples). No 2) What will be the milling cover up time for the milled roads? 24 hours unless weather interferes 3) What type is the 10,500 tons of 9.5mm set up? Type 1 or Type 2. Type 2 4) It looks like the 1,000 tons of GAB is to be used with the FDR. Is this correct? Yes 5) Do the streets in the LMIG Resurfacing receive any tie-in milling? Yes 6) What will be the depth of patching on the residential streets? 3 inches 7) Will 19mm be used for the patching? Yes. See new Bid schedule for the line itein for the 19mm Binder 8) On page 3 8 of the proposal it states that the FDR and the topping course will be temp. striped with paint, so I guess that the 19mm will be temp. striped in paint or can temp. tape be used? Yes. Also nail clown reflectors can be used for the base during until binder is placed. 9) Can the Advanced Waming Signs be placed on tripods or will they need to be post mounted? They can be mounted on tripods. 10) On page 34 of the proposal it states that the contractor will provide (4) variable message boards. Will these boards be used for the entire project or only on the FDR work? Please clarify. They will be used all roads except for residential neighborhoods. 11) It looks like Hamby Rd., Dinsmore Rd. and Bethany Rd. will be widened an additional 2' during the FDR operation. Is this correct? The road will be widened as necessary to meet the project specification of 26' base width with 25' wide asphalt surface. 12) On page 36 of the proposal it states that the shoulder area should be dressed with screened topsoil. GDOT usually inspects the borrow location and only requires that grass EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GFORGIA CITY OF MILTON 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 Baldwin Paving Company, Inc. on behalf of the City of Mitten has registercd with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordancc with tine applicable provisions and deadlines established in O.C,G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, Eire undersigned subcontractor wilt forward notice of the receipt of an affidavit from a sub -subcontractor to fire contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. federal Work Authorization User Identification Number 2-C G}._ T�tae`M1 er Group, Inc.- Narn .ofSubcontmoor W Ly 13 Recoils(Egqtion and Resurfaciu Name of Project Baty ofMilion Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. fixe uted on-j�:.i: u , 20fin�et�4cityi, (state). Signature of Xulhorized Officer or Agent Kimbel Stokes Printed Na rill at Officer or Agent SUBSCRIBED AND $WORM BEFORE MR ON THIS THE "4 C z -`-r .DAY OF r • r r}r �Eu EXHIBIT "G" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Baldwin Paving Company, Inc. or any of its subcontractors in connection with the construction of the FY 13 Reconstruction and Resurfacing project for the City have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of Baldwin Paving Company, Inc. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires EXHIBIT "H" Special Provisions Applicable to Henderson Rd, Mountain Rd, Wilkie Rd and Coeburn ltd During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agree as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. be able to grow. Screened topsoil will increase the price for shoulder building. Please clarify. Screened topsoil shall be used in accordance with the project specification. 13) What will be the required width of the shoulder building/reconstruction? The contractor shall tie the proposed edge of asphalt to the existing shoulder. The foreslopelbackslope after construction should be no steeper than existing conditions. 14) Will the contractor be required to erect Low/Soft Shoulder Signs for the shoulder building/reconstruction? In the case where shoulder work is delayed yes we will require signs but they can be placed on tripods. 15) The only shoulder building addressed in the proposal looks to be on the three FDR roads. Since this is an incidental item will any shoulder building, grassing and or Low/Soft Shoulder Signs be required on any of the streets? Please clarify. Shoulder work on any road not identified for FDR or internal to a subdivision is incidental to the work and only required to eliminate any edge drop-off condition. 16) It looks like Cogbum Rd. has 3 or 4 traffic signal loops that will need to be repaired or replaced — No Pay Item. Will the City of Milton repair or replace these loops? Paving will stop before the Loop. 17) What should the finished elevation of the FDR be? Should the FDR be 4" below the existing asphalt? Please clarify. Final asphalt elevations should match existing asphalt elevations and the top of the FDR sections should be set accordingly. Haul off of materials is to be expected prior to mixing of cement. 18) Will any adjusting of manholes or water valves be required? If so can you give us the total of each and what street they are on? This would also make sure all of the bidding contractors have the same information. No. 19) Mountain Rd. and Henderson Rd. both have side roads that are gravel. Will the contractor be required to pave into these side roads the 15' stated on page 35. If so how will the contractor be paid for the grading work? GDQT usually pays for this type work under Section 231. Mountain road only and only expected to cover existing aprons. 20) There is a steel plate on Dinsmore Rd. Will this steel plate be removed before the paving? Yes. 21) When adding the additional 2' on each side of Hamby Rd., Dinsmore Rd. and Bethany Rd. the contractor will have a conflict with some of the custom/brick mailboxes. How will these be handled? The city will resolve any conflict. 22) On Mountain Rd. the words STOP AHEAD are in two locations. No pay item. Will these be replaced? No. 23) On several of the roads the word "ONLY" appears in the turn lanes. No pay item. Only the arrows are to be replaced. 24) On the streets that receive Edge Milling is the finished asphalt need to be flush with the gutter? Yes. EXHIBIT "B" BID FROM CONTRACTOR HOME OF " r; ESTABLISHED 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 13-PW7 FY13 Reconstruction & Resurfacing Project Due Date and Time: City of Milton May 22, 2013 Local Time: 2:00pm Number of Pages: 67 ISSUING DEPARTMENT INFORMATION Issue Rate: April 29, 2013 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelgpe/Package: Bidder Name/Address: Bid Number: 13-PW7 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office Bidder Phone Number: 13000 Deerfield Pkwy Special Instructions: Suite 107G Milton, Ga. 30004 Deadline for Written Questions v � May 14th , 2013, 5 pm Bidder E-mail Address: Email questions to Rick Pearce at �— 1 "' F 0 1 1 rich. fart i o muton a. us BIDDERS MUST COMPLETE THE FOLLOWING in Bidder Name/Address: Authori idd Si o n, C,,4' 100 0 {PI a print name and sign in ink)] Bidder Phone Number: Bidder FAX Number: 1} L � `�� fLi7! � �ZI ti � �0- "5- - v � Bidder Federal I.D. Number: Bidder E-mail Address: �— 1 "' F 0 1 1 •'n i m° 1 a Gl r LY m BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPIDAE 1 Ii'age :Vi ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 13-PW7 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: 578-242-2499 Email: rick.pearce(a?cityofmiltonaa.u.s I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: _ �.�=�)� rya' �raJi�' CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: _3 PHONE: _ ��� t �� lo l FAX: "� �:� - L � -o o EMAIL ADD71S: ni t r 4 ��6 �n 3 Date DENDUM #1 13-PW7 ��W_ Page 1 CITY OF MILTON Invitation to Bid 13-PW7 The City of Milton is accepting sealed bids from qualified firms for the FYI Reconstruction & Resurfacing Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, 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 May 22nd, 2013. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (13-PW7) 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@cityofmiltonga.us. Deadline for questions is May 14th, 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 May 16th, 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 (13-PW7) and bid name (FY 13 Reconstruction & Resurfacing Project) 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 must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from the date of the "Notice to Proceed.." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 411'age [RAIDERS MUST RETURN THIS SHEET WITH RID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 13-PW7 FY13 Reconstruction & Resurfacing Project 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 a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 1Page Attached hereto is an executed Bid Bond in the amount of !:: Dollars �$ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed 7 Z0-13 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this Z2 day of :>, , 20_L3_` Bidder 1144 ' (Seal) Company Name Bidder Mailing Address: Signature: , Print Name: O .r Title: re' `dc,,4 $'Page ;; I [ J, [310 ERS DUST RETURN THIS SP -RET WITH 210 RESPONSE1 BID BOND CITY OFIMILTON, GEORGIA BIRDER (Name and Address): Baldwin Paving Co., Inc., 1014 Kenmill Dr., Marietta, GA 34060 SURETY (Name and Address ofPrinci al Place: of Business): Hartford Fire Insurance Company, One Hartford Plaza, Hartford, CT 05155 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite Itl7G Milton, Georgia 30004 BID HID DUE DATE: 5/22113 PROJECT (Brief Description FYI Reconstruction 9 Re BOND BOND NUMBER- NIA DATE (Not later that Bid due date): 5/22/13 PENAL SUM: Five Percent (5%) of Principal's Bid (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 Hartford Fire Insurance Baldwin Paving Co., 1 c. (Seal) Company _ (Seal) Bidder's Name and C grate Seal Surety's Flame and Corporate Seal By: �. By:G7 Sign ure and Title: ,� .�,..; .f N Signature and e: Carolyn znith (Attach Power of Attorney) Attorney -In -Fact Attest:t — Attest: AM� t.Signature and Title: frSignature and Title: DcCKee Account Manager Nate: (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. + L '` 911PFge I . 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.Sidder 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 pa3gnent Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bial due date. 7. Any suit or action snider this Bernd 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. .DEEM(—) 'ti 10 111 a g e 14, 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 deerned 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. I l , The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. Direct InquiriesfClaims to: THE HARTFORDPO ER OF ATTORNEY sonn, r-4 One Hartford Plaza Hartford, Connecticut 06155 call, 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of hdiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duty organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organizedunder the laws of the State of Indima Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of IIIinois Hartford Insurance Company of the Midwest, a corporation duty organized under the laws ofthe State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. VVilliam H. Skeeles, John Langsfeld, Marilyn Brown, Rita L. Smith, Robert J. Ryan, Carolyn F. Smith, Madalyn H. Seiffert Of Atlanta, GA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Ills 07 9rti, J+'i�7s bt'�). CXI-1�3. Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT Hartford COU14TY OF HARTFORD M. Ross Fisher, Vice President On this 12' day of July, 2012, before me personally carne M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. • �IIrLt4 ► Kathteen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 22, 2013, Signed and sealed at the City of Hartford. hF AMS +tinr,[, • +•r�tu►► t ?074 s ti=7a r i'� • Gary W. Stumper, Vice President [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not beeryv7olated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date '7,z) -i.3 CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title} ;f — ky ���, k 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 t Clay of M .V) 1,:.1 . \ `� �— '.. = �.k :-", (Seal} (Signature) �1 m)1711P 121Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS Ido- , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ;, i N1'r,� Cyv n, i 1!c) _� 131Page JBIDDER.S MUST RETURN THIS SHEET WITH DID RESPONSE] EXIBRIT "F" 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. § 13-10-91. 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, 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-.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 of Milton at the time the subcontractor(s) is retained to perform such service. _, - EEV / Basic Pilot Program User Identification Nu b BY: Authorized Officer or Pike ate (Print Contractor Name) Title of Authorized Officer or Agent of Contractor Printed blame of Authori`aed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF �`� �� _ 20k-3 . W'IE W Notary Pu c %,,., j,: My Commission Expires: , ,% V - .MQ r �v Ic ''■sOU��®ma Item ##I The bid scheduk Txom the ITS is deleted and replaced with the rCEM ITEM UNIT TOTAL NUMBER DESCRIPTION UNITS alliANTITY PRICE AMOUNT 150.1000 Traffic Control LS 1 � � t4s 301-2250 Cement Stabilized Sass Variable Depth Sy 71,000 301-5000 Portland Cement TN 2,100 �, �r rf ,7v. i� 310-1101 Gr Aggr Base Cm TN 1,000 Asphalt Concrete Patching 402-1802 including Bituminous Material & H TN 4,500 Dime 3 In. 1 f 3 ]. ?� Recycled Asphalt Concrete 9. 402-3102 MM Sperpave, Tp 11, Blend 1, TN 4,250 Including Bituminous Material and r H -Lime 1.5 1n. LMIG J —'16q y 7.; ! - Recycled Asphalt Concrete 9.5 402-3103 MM Superpave GP 2 Only TN 10,500 Including Bituminous Material and H-Lim•a 1.5 in. r�- Asphalt Concrete 19 MM 402-3190 'uperpave GP 2 Only Including Bituminous Material H 2 TN ti' 000 71I and -Lime � �{ r In. `•' G E G I�'7 432-5010 Mill Asphalt Concrete Pavement, 3Y 23' 000 Variable Depth ;7 ( j� C E 800.1000 Flowable Fill CY a" 853-0120 The►enoplastla Pavamfemil Marking EA 78 ' Arrow, Type 2 633-1704 Thermoplastic Solid Y7-afflc Stripe, LF 2Q0 Th White 553-2501 Thermoplastic Solid StrEpa, 5" LMh 853-2502 Themoplastic Solid Stripe, 5' Yellow LM 1 1 6534501 Skip Traf Stripe, 5" White LF 1,000 j � Q C r j 853-•8005 Thermoplastic Solid Traffic Stripe, SY 2300 �� 8" Yellow r✓� Q T 3-PW7 Page 2 Total Bid Price Print Total Bid Rricc s r, it r. h a4jj, jo A t, A e,4 fmayjf4,1, f - 6 .4, he4 Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price" r�I� I Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". Number of days to complete project (exclude weather related days) 10 In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY����Y]ia���� ADDRESS AUTHORIZED SIGNATURE PRINT 1 TYPE NAME TITLE �-J1 161Page [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder ihjaw,k!� bb, e_D. Name and the official position of the Milton Oficial 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.) A 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 that is currently (or has been employed within the last 9 months) by the City of Miltonour relation: Y"d MILLFER OROUP The Mlller Group, ln< 1715 Nolan Court Marrow, Georgia 30260 Tel. (770) 968-9100 Fax (7101968-0002 The Miller Group, Inc. - Full Depth Reclamation Equipment List: I. CMI —.1050 -Pulverizer —Mixer, 1,000 H.P. - 12 Ft. Wide Drum, pulverizing chamber designed to meet material gradation specification, 10 - 12 inch depth with automatically controlled water injection valves spaced evenly across the drum to control the designed moisture content 2. Wirtgen -- 2500 Pulverizer — Mixer: 670 H.P. - 8 Ft. Wide Drum, pulverizing chamber designed to meet material gradation specification 0 — 12 inch depth with automatically controlled water injection valves spaced evenly across the drum to control the designed moisture content 3. CMI — 500 — Pulverizer — Mixer: 500 H.P. - 8 Ft. Wide Drum, 0 — 12 inch depth with automatically controlled water injection valves spaced evenly across the drum to control the designed moisture content 4. 2- Stoltz, Cement Spreader: 25 ton hopper capacity, spread width 10 Ft. to 12 Ft. equipped with radar control, (6 -load cell) digital scale for accurate spread rates. equipped with bag -house dust control system 5. Cat 12 H - Motor Grader, 14 Ft. Blade: Equipped with automatic cross slope control to maintain a constant grade as required 6. Hamm 3412 - Roller: Smooth drum vibratory roller 84 inch drum width 7. Hamm Roller: Static pneumatic 8 -tire roller 30 ton capacity 8. Freightliner, Water Trucks: 2,506 Gal. Capacity, equipped with spray bars as need For curing reclaimed materials The Miller Group, Inc. 1716 Nolan Court Morrow, Georgia 30260 Tei. (770) 968-9100 Fax (770) 968.0002 REFERENCES FOR FULL DEPTH RECLAMATION' WITH CEMENT PROJECTS 1- City of Palm Bay, Florida ( Since 2007 Anneal Contract — Renewed through 2014- Various Subdivision Roads and Arterial Roads - Cement & Emulsion Projects) Mike Hammer, Engineering Inspector, Tony Collins, City Engineer or Chad Shouizt, Deputy City Manager, 1050 Malabar Road SW, Palm Bay, Florida 32907 —Phone: 321-952-3438 or 321-952-3400, Fax: 321-952 3534, Email: hammem�a,ualmbayflorida.org; collia oalmbaUflorida.org or shoulc almba florida.or 2- City of Fairburn, Georgia (Virlyn B, Smith Road Emulsion Projects) Tray Besseche, City Engineer, 26 W., Campbel lton Street, Suite 110, Fairburn, GA 34213 Phone: 770-683-2486 Fax 770-969-3484 Email: troyQfairburn.eom Fairburn City Hall, 56 Malone Street, Fairburn, Georgia 30213 Phone 770-964-2244 3- Chambers County, Alabama -- (Various Road Projects in 2009 to present with cement) Chambers County Engineering Department, 18107 US Hwy 431, Lafayette, AL 36862, Joshua HarviIl, Office: 334-864-4359 or Email: jltaivill rr�charnberscount.com 4- Coweta County, -Georgia (2004, 2007 & 2008, & 2010, 2011 & 2012 Various Subdivision & Arterial Roads with Cement) Fred Landrum, Project Coordinator, 21 East Washington St,, Newnan, GA 30263 - Phone: 774-254-3775 Fax: 774-683-2300 Fred's Cell: 678-201-6431 Email: flandruni _ coweta.ga.us 5- Monroe County, Georgia (2005 to Present - Various Subdivision & Arterial Road Projects with Cement & Chemical, Additives) Sid Banks, Road Superintendent - 521 Montpelier Road, Post office Box 189, Forsyth, Georgia 31029 — Phone: 478-994-7029 Cell: 475-394-0149 6- Akin County, South Carolina (2011-- 6.7 Miles State Park Road Project) Jeff Terry, P.E., South Carolina Department of Transportation, 1931 University Pkwy, P.O. Box 2014, Aiken, SC 29802 - Phone 803-641-7660, Mobile: 843-646-2241 Email: teri is cdot.or — (See Attached Project Summary) Member of the Asphalt Recycling & Reclaiming Association � ` The_MilierwG ot,ip.,Inc,, Vi S Nolan Court Morrow, Georgia 302GO Tel. (77U)968-9,100 Fax (770) 9G$-0002 FrpjectSuinmaxy South Carolina Department of Transportation - Reclamation Project State Park Road In Aiken County News letter Cost Savings: State Park Road in Aiken County had deteriorated to the point that major reconstruction was required to meet current standards. Based on recently completed dirt road paving projects which included new base construction and triple treatment in the area, It was estimated that the cost to rebuild using traditional methods would be well over 3 Million Dollars. SC DOT decided to use Full Depth Reclamation with triple treatment for a riding surface. At the time the project was put together, there was concern that there might not be sufficient stability in the materials onsite, so 4 inches of additional stone was set up throughout the project. The additional stone was eliminated by evaluating the in-place material and performing a cement modified base mix design. The mix design passed specifications with the addition of cement only. No additional stone would be required. Elimination of the additional stone also allowed us to offset the cost of increasing the road width from 20 ft wide to 24 ft wide, providing the traveling public with wider and safer lanes. Issues: The additional stone would have created a 4 Inch change in the profile of the road. The Miller Group's engineer inspected the Insitu material and determined that it would likely be sufficient to just mix cement into the base without additional stone to reach SC DOT design requirements. The design performed by Summit Engineering met the design requirements without the stone, thus saving not only the 17320 tons of virgin aggregate, but also approximately 700 cubic yards of shoulder material. The spread rate for the cement was 65 lbs/square yard. The first layer of the triple treatment was placed 2 days after mixing as a daring layer and subsequent layers were placed several days after mixing the FDR base, In this way operations could be kept separate while eliminating traffic control conflicts. Placement of the triple treatment in this fashion protected the FDR base from traffic, And by offsetting the initial layer by 2 days, it allowed for the reduction of wasted chip seal due to the elimination of construction In adjacent lanes. The contractor and SC DOT had a very good working relationship on this project. As problems came up we were able to work together to find solutions that worked well for all parties involved. Jeff Terry, P.E. Resident Construction Engineer Aiken County — SC DOT (803) 641-7660 Office (803) 641-7638 Fax teffxis@scdot.org Resurfacing References Cobb County DOT Project: 201.1-1 Major Thoroughfares Contact: Bobby Rakestraw — 404-569-8945 Description: Mill and inlay of major thoroughfares throughout Cobb County Project Amount: $5,754,191.97 Completion Date: 11-2012 Geor is Department of Transportation Project: Resurfacing or SR 9 from Carpenter Road to Abernathy Road Contact: David Spivey — 770-891-5168 Description: Mill and Inlay of SR 9 Project Amount: $956,199.82 Completion Date: 10-2012 Cobb County DOT Project: 2011-4 Resurfacing Local Roads - North Contact: Bobby Rakestraw -- 404-569-8945 Description: Mill and inlay of Local Roads throughout Cobb County Project Amount: $3,269,869.09 Completion Date: 1-2013 EXHIBIT "C" BONDS P.kYMRYT BOND #20BCSCOO407 CITY OF MILTON, GE, OROiA KNOW ALL .MEN BY THESE SE PRRSENTS TITAT' Baldwin Paving Company, Inc. (as CONTRACTOR, hereina -r referred to as the "Principal"), and Hartford Fire Insurance Com an (as SURETY COMPAiVY, hereinafter referred to as the "CONTRACTOR'S SURr- H"), are held wid fnsmly .bound unto the City of Milton, Georgia (as OWNER., hereinafter referred to as the "C.ity"), :for the use and be-nelit of any "Claimant," as hcreirmfter do fined, in the sum, of two naailli.on Five hundred thousand dollars ($2,500,000), lawful money of the United. States ofAnaerica., fur the, payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, succeaors and aisigns, jointly+ aaad severally, lirn ity by thm presents. NVEREAS, the Principal has entered, or is about to enter, into a certain v aitten agreement with the City, dated �. , which i.s bicorporated herein by reference in its entirety (hercivaiter referred to as the "CON IRAOT'), for the construction. of a project known asars�r�nts�lae einafter referred tc a,5 "the PROJECT"). NOW TIMREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimana as hereinafter defined, for all labor, services and materials used or reasonably required for vase in the performance of the Contract, then this obligation shall he void; otherwise to retrain in full force -md effect. A "Claimant" shall be defined harein as any Subcoutracmr, persoB, Party, partnership, corporatiou or other entity f'wr skiing labor, services or materials Used or rea.5onably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or related, tuzd without regard to whether such Claimant is or is not .in privity of the Contract with the Rrincipal or any Subcontmetor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the Fj ting of a Lien agtabist the property of the City affected by the Cacit=t, the Contractor's Surety shall either settle or resolve the Claim and. shall remove any such L icu by bond or otherwise as provided in the Contract. 3lte fairies further expressly aUce that any action oil this Bond .may be brought within the lilac allowed by Georgia law for suit on contracts under seal. IN NVITNESS NWIEREOF, tlae principal and Contractor's Sively hktvc hereunto axed their corporate seals wid causcd this obligation to be signed by thejr dtnly authorized o'f#xccrs on this day of2013_ B aWwlu Paving Company, Ine. (Siguatures Continued On Nexr Page) Attest: Date: tc t: Date: (Name of Contractor's Surety) 4. Fly:_. 24 ) � Title:Attornev In Fact _J,5EAL) (ATTACH SUR TYS POWER OF ATTORNEY) Direct InquirieslClaims to: P E ER �F ATTORNEY THE HART -4 BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT. Agency Code: 20-262197 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of hdiana Hartford Accident and Indemnity Company, a corporation duly organized under the Iaws ofthe State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the $tate of Connecticut 0 Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the Iaws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: William H. Skeeles, John Langsfeld, Marilyn Brown, Rita L. Smith, Robert J. Ryan, Carolyn F. Smith, Madalyn H. Seiffert of Atlanta, GA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. s 0Srx � .� :C c ::�..a..ie.irelr a iV•ai !` _ f`'a°r•f'"ii:"� '� / }^ �h +►'wig► iY "' r wti�� rrnlv�` i�/li�l� � `;i Y9$9 � r�6LJy77�� •� Iy99 J�.rl • M1r; � �• ��'�: '11 � 'h•��i �}vii• �/•• �� l U Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE 0 CONNEETICUT ss. Hartford COU TY OF HARTFORD On this 12'h day of July, 2012, before me personally carne M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. + r Kathleen T. Maynard Notary Public CERTIMATE My Commission Expires July 31, 2016 1, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in fuIi force effective as of Signed and sealed at the City of Hartford. nor } 1 aa �� -11S�1 r1/rfr[. w 1 yQP }t �tpp4 4F. tp724,1 '+0y :., 'wwx^+ s►p 'i /i`ti� • ,l/u1S" r r ` Gary W. Stu mper, Vice President CITE' OF MII.<'I`tfN' GRORCIA KNOW ALL M7,N DY TIMSE PRESENTS THAT Baldwin Paving Company, Ino. (as CONTRACTOR, hereinaftor referred to m the "Principal'% and Hartford Fire Insurance Company (as SURF17 COMPANY, Y';, hereinafter ref=ed to as the "CONTRACTOR', SURETY'), are held and frnrAy bound -tinto thr, City of Mihor, Georgia (as OWNER, hereinafter refmxcd to as the "City"), for the use and benefit of any "Cl.aLrnant," as horclnafter defined, in'the stun of two rnilli6n five hundred thoasaud dollws ($2,500,OOD), lawful money of the [hyited States Df Aincrica, for the payment of which the Principal and the Contractor's Surety bind themselves, their. heirs, executors, administrators, suc"sscrs mid assigns, jointly and severally, fiitnily by these presents. WHEREAS, the Principal has entered, or is about to enter, auto a. ceaain written agrwinent with the City, dated the __ of � , 2013 which is incorporated lrerehi by raference in its entirety (hereinafter referxed to as the "CONTRACT"), for the construction of a project known as �3e�rf~te}d l�w�y-i�la��s RQed�rttexsectiaxr]mprv��n�ai�� r; -�," �_.��- ry 13 {�-t-�..�.rs rt-,,.�-ate •�--�.5�•-s ����.-,] c ' ] (.hereinafter re erred to as "the PROJECT"). NOW THERFYORE, the conditions of this obiigation am as follows., 3. 'Ilint if the Principal shall fully and compleMyperforce each and all of the terms, pmvisions and requirements of the Contract, including and during the period of any warranties or guarantces required, thereunder, and all modifications, wnendmen% changes, deletions, additions, and alterations thmato that may hereafter be made, and if the Principal Wid the Conlractor's Surety shall indemnify and hold harmless the City From any and all .losses, liability and damages, elaims, judgintuts, Ems, c mts and fees of every description, -including but not thnited to, auy damages for delay, which the City may ineur, sustain or suffer by reason of the failure or cle:t'ault on the part of the Pr.in6pai in the performance of any and. all of the tenns, provisions and requirements of the Contract, including all modifications, amendniena , eba:nges, deletions, additions, and alterations thereto and any warranties or guarantees .required theretanriear, then this obligation shall be void; otherwise to remain in foil :farce an,d ekfect; 4. In the event of a failure of performata.cc ofthe Contract by the Principal, which sh<-LU include, but not be linxited to, any brach of def=ault of the Contract: a_ The Contractor's Surety shall commeace performance of its obligations and widertakings undcr this Bond no later than thirty (30) days after �Ngitten notice honl the City to the Contractor's Surety, and b. Ule means, method or procedure by which the Contractor's Surety undertakes to perforate ita obligations wider this k3caA shall be subject to the advance written approval of the City. The Contiwtor's Surety hereby waives.notice of any and all modifications, omissions, additions, changes and advance payn.ents or deferred payments in or about the Contract, and agrees that the obligations - ndertaken. by this Boad 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 Banc Allowed by Georgia law for salt on c*ntracts sander seal.. IN WITNTS8 WHEREOF, the principal and Coatmetox's Surety have hereunto affixed their corporate seals mid caused this obUgation to be signed by their duly authorized officers or attorneys -in -fact, this day of - 20 i 3. Baldwin Paying Company, Inc. By: - . n r ..__ TitI _ c' i' c _- �� {SEAL} Attest: Title: Date: (risme of C:outractor's Satrety) 'Fitje•. Attorney In Fact - (S ,AL) fl Dom: (ATTACH SURETY'S POWER OF ATS'ORNEY) MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Baldwin Paving Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal" located at 1014 Kenmill Drive NW, Marietta, Georgia 30060, and (as SURETY COMPANY, 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 the City for maintenance of Improvements as described below in the sum of eight hundred thirty three thousand three hundred thirty three dollars ($833,333), 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 FYI Reconstruction and Resurfacing (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 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; 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; The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The 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: Baldwin Paving Company, Inc. By: Name, Title: (SEAL) (Name of Contractor's Surety) By: Name, Title: (SEAL) (ATTACH SURETY'S POWER OF ATTORNEY) EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF NULTON t4 , �C-- � �� being first duly sworn, deposes and says that: ( 1) He is A , u-- 0 If" �— kGwtte -, T-aftner, Officer, t) of Baldwin Paving Company, Inc. (the "Proposer") that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer 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 Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (5) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signa/e of AuthorizedOffic or Agent tj";Ic'-. Printed Name and Title of Authofized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS an':n- DAY OF 2013 Notary Pubh My Comadssion Expires Date oolsffss, fNGjS �N°�'ty At, 'rte Cl • C EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by 0.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 10a-I�#s Federal Work Authorization User Identification Number Date of Authorization Baldwin Paving Company, Inc. Name of Contractor FY13 Reconstruction and Resurfacing Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that,lie foregoing is true and correct. �.1 Executed on >— `, 2012 in [city}, (state). 5i aAreofuthorize fiicer or Agent Printed Name and Title of Aut&iized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF S ,201 3. NOTARY PUBOC [NOTARY SEAL] My Co fission Expires; _.... -�. �E wy'0•., f�'lR 2014 � '�•., ,LIQ,+ �� �`�• Cour••• .011811600 EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON 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 Baldwin Paving Company, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federai work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -I0 -91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: r �, Ltf w 9 9 I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Z �1 io Executed a '� ,° 2013 in tcity}, 3— Is - O f _(state). Date of Authorization PEEK PAVEMENT MARKING, LLC Name of Subcontractor FYI 3 RemMmcdon and Resurfacin Name of Project City of Milton Name of Public Employer Si a e o zed oFla gh,A enat cy Pfinfed'N'YmYaddlitle of Aut arue�o�1liISla1IJQI! Agent SUBSCRIBED AND SWORN BEFORE ME ON T131S THE a&k-k-DAY OF _,20 Ll Q t NOTARY PUBLIC My Coakmis5ion;� EAR HOME OF `THEBEST QUALITY OF LIFE IN C,1 G]RGIA'LTON% M1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council FROM: City Manager DATE: July 8, 2013 AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the Construction of a Roundabout at the Hopewell Road/Cogburn Road at Francis Road/Hopewell Road Intersection. MEETING DATE: Monday, July 15, 2013 Regular City Council Meeting. BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED ( ) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: �Yles { } NO CITY ATTORNEY REVIEW REQUIRED: X YES { } NO APPROVAL BY CITY ATTORNEY APPROVED (} N O T A PPRO VED PLACED ON AGENDA FOR: REMARKS t -7 3 Ifj /73 6,��jrloe-t, ry ®� YouQm_� ercifi y Green t Crti Poral:: 678.242.2500 FAX: 678.242.2499 :�' " Community C", 01 6 infoOcityofmiltonga.us 1 www.clfyoFrnilfonga.us ,,..,:. o.«... . 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Ci iTIPIE❑ BBGNZL - 3Q (L Page 1 of 2 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on July 2, 2013 for the July 15, 2013 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the Construction of a Roundabout at the Hopewell Road/Cogburn Road at Francis Road/Hopewell Road Intersection ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Following the transportation master plan an intersection improvement was recommended at the Hopewell-Francis-Cogburn Road intersection. Currently a 4-way stop at this intersection has exceeded its operational capacity in that configuration. During the development of the concept plans two viable alternatives were evaluated, a traditional signalized intersection and a single lane roundabout. Based on public input, estimated construction costs, operational characteristics, long term operation and maintenance costs the roundabout was selected for the final design. Based on the final design plans prepared by Stantec for the roundabout and in accordance with the city procurement procedures, an invitation to bid was issued by the city. The city received two qualified bids for the proposed work which are summarized in Table 1. Staff is recommending approval of a lump sum Construction Services Agreement with Baldwin Paving Company, Inc. in the amount of $786,606. Table 1. Bid Summary Firm Bid Baldwin Paving Co., Inc. $786,606.00 Astra $835,000.00 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Hopewell/Francis/Cogburn Intersection account in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/28/2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement HOME OF 'THE BEST QUAUTY OP LIFE iN GEDRGkA' MILTON*k ESS A6L IS t I ED 277 CONSTRUCTION SERVICES AGREEMENT FOR HOPEWELL-FRANCIS-COGBURN ROAD INTERSECTION IMPROVEMENTS This Agreement (the "Agreement") to provide intersection improvements is made and entered into this _ day of , 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"), Baldwin Paving Company, Inc., a Georgia corporation with its principal place of business located at 1014 Kenmill Dr NW, Marietta, Georgia 30060-7911 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Hopewell-Francis-Cogburn Road Intersection Improvements; and WHEREAS, based upon Contractor's bid to construct the intersection improvements as required by the bid documents, the City has selected Contractor as the winning bidder, 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 (18 Pages); B. Invitation to Bid ITB and Addenda (70 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated June 11, 2013 (19 Pages), attached hereto as Exhibit «8,,. D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Plans and Specifications as Exhibit "G"; Final Affidavit, attached hereto as Exhibit "H", 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 K. 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 govern. Section 2 Project Description The scope of this project generally consists of the construction of a roundabout at the intersection of Hopewell -Francis and Cogburn Roads in accordance with the plans and specifications prepared by Stantec, Inc and included herein. 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 Project within 280 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $786,606 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. 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 price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. 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. 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. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. 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. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. 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. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. 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 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 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 $50,000, must be approved by resolution of 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 Project. 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. 4 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 perform 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 Contractor's behalf with respect to the representative. H. Assignment of Agreement shall be authorized to act on Work as Contractor's designated 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. 61 Responsibift of Contractor and Indemnification of Cit The Contractor 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 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 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 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 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. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. 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 (10) 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 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 $1,000,000 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. (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; 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 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 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 from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized 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 losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (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 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (G) 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 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 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 shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. 9 (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 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. L. 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: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (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 conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Sar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation 10 of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (S) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays Occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor's') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 11 M. 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, 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. N. 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. 0. 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 12 precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, 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. Q. FRESERVEDI R. 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. S. 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 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 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. T. Mem 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 13 result in termination of the contract. Section S Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Matt Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warrant Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within two years 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 two-year general warranty period to identify any issues that must 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 City. 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 for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate 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 within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the 14 City did not have grounds to do so, the termination will be treated as a termination for convenience under the teens of this Section (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 11 Miscellaneous A. Complete Agreement. This Agreement contains all of 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 of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. 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. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when 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 be furnished to the other parties by written notice in accordance herewith: 15 NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Baldwin Paving Company, Inc. Attn: Mike Demery 1014 Kenmill Drive NW Marietta, Georgia, 30060 F. 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. G. 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 and all other obligations shall remain 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. I. 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 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 special provisions of this Section 11(I) and in Exhibit I attached hereto and incorporated herein by reference, in every 16 subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 17 SIGNED, SEALED, AND D_ELI_VERED In the presence of: Witness (Corporate Secretary should attest) t- )'—tt Print Name Notary Public [NOTARY SEAL] My Commission Expires: SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires:_ Baldwin Paving Co Wany, Inc. Signe - 1! Print Name Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: .Toe Lockwood, Mayor 18 [CITY SEAL]