HomeMy WebLinkAbout08-05-2013-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, August 5, 2013 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Jason Howard, Director of Adult Ministries with Stonecreek
Church, Milton, 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. 13-174)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the July 15, 2013 Regular City Council Meeting Minutes.
(Agenda Item No. 13-175)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 5 , 2013
Page 2 of 3
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
2. Approval of the Financial Statements for the Period Ending June, 2013.
(Agenda Item No. 13-176)
(Stacey Inglis, Assistant City Manager)
3. Approval of an Amendment to a Professional Services Agreement between the City of
Milton and Michael Elliott, Ph.D. for the Purpose of Providing Facilitation Services for
Two Sub-Areas within the Route 9 North Visioning Study Area.
(Agenda Item No. 13-177)
(Kathleen Field, Community Development Director)
4. Approval of a Construction Services Agreement between the City of Milton and
Engineered Restorations, Inc. for Miscellaneous Bridge Repairs.
(Agenda Item No. 13-178)
(Carter Lucas, Public Works Director)
5. Approval of a Construction Services Agreement between the City of Milton and
Strickland Pipeline and Construction, Inc. for “137 Bethany Road, Storm Drain System
Improvements”.
(Agenda Item No. 13-179)
(Carter Lucas, Public Works Director)
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION
1. Consideration of RZ13-13 – Manor Bridge Road (South Side) and Hamby Road
(Northeast Side) by Westminister Place, LLC to Rezone from AG-1 (Agricultural) to
CUP (Community Unit Plan) to Develop 59 Single Family One (1) Acre Lots.
(Agenda Item No. 13-180)
(Kathleen Field, Community Development Director)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
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)
(First Presentation on July 15, 2013 Regular City Council Meeting)
(Stacey Inglis, Assistant City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 5 , 2013
Page 3 of 3
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
11) NEW BUSINESS
1. Consideration of a Professional Services Agreement between the City of Milton and
Joseph D. Young, P.C. for Assistance with the Design of a Proposed Opportunity Zone
within the City.
(Agenda Item No. 13-181)
(Chris Lagerbloom, City Manager)
2. Consideration of the Approval of an Addendum to the Original SafeBuilt Georgia, Inc.
2010 Contract.
(Agenda Item No. 13-182)
(Chris Lagerbloom, City Manager)
3. Consideration of the Approval of a Second Amendment to the Intergovernmental
Agreement (IGA) for the Extraterritorial Provision of Sewer Service by Fulton County
for Property Located at 13175 Hopewell Road, Milton, Georgia.
(Agenda Item No. 13-183)
(Chris Lagerbloom, City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 13-184)
The minutes will be
Provided
electronically
e
HOME OF 'HE BEST QUALITY JI LIFI- l � GEORGIA'
11
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ESTABLISHED 2006
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: July 26, 2013
FROM: City Manager
AGENDA ITEM: Approval of the Financial Statements for the Period Ending June, 2013.
MEETING DATE: Monday, August 5, 2013 Regular City Council Meeting.
BACKGROUND INFORMATION: (Attach additional pages ifnecessaty)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES P NO
CITY ATTORNEY REVIEW REQUIRED: () YES h NO
APPROVAL BY CITY ATTORNEY () APPROVED (} NOTAPPROVED
PLACED ON AGENDA FOR:
REMARKS
PHONE: 678.242.25001 FAX: 678.242.2499
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To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on July 26, 2013 for the August 5, 2013 Regular Council Meeting
Agenda Item: Financial Statements for Period 9 – June 2013
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 4.8% over what is anticipated for the eighth
period of the fiscal year.
Total expenditures to-date are $13,790,309 and are 5.0% less than expected for this
period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project basis. With a
total project expenditure budget of $12,627,728, capital expenditures-to-date total
$3,090,393.
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending June 2013
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 8,333,100 9,120 8,966 154 339,708 338,600 1,108
Motor Vehicle Tax 550,000 79,798 45,833 33,965 460,068 366,667 93,401
Intangible Tax 200,000 21,766 16,667 5,100 174,479 133,333 41,145
Real Estate Transfer Tax 50,000 6,743 4,167 2,576 38,517 33,333 5,183
Franchise Fees 1,800,000 70,712 - 70,712 1,035,050 1,035,000 50
Local Option Sales Tax 4,000,000 307,682 333,333 (25,651) 2,650,576 2,666,667 (16,091)
Alcohol Beverage Excise Tax 280,000 29,143 23,333 5,810 197,867 186,667 11,200
Business & Occupation Tax 585,000 8,684 - 8,684 601,211 585,000 16,211
Insurance Premium Tax 1,500,000 - - - - - -
Financial Institution Tax 33,900 - - - 33,918 33,900 18
Penalties & Interest 40,550 1,468 3,379 (1,911) 35,551 30,413 5,138
Alcohol Beverage Licenses 134,000 - - - 141,100 134,000 7,100
Other Non-Business Permits/Licenses 9,400 1,514 700 814 10,041 6,972 3,069
Zoning & Land Disturbance Permits 44,500 14,549 3,708 10,841 84,859 33,375 51,484
Building Permits 340,000 25,387 28,333 (2,946) 300,639 255,000 45,639
Other Charges for Service 355,470 36,338 26,136 10,202 344,809 284,478 60,331
Municipal Court Fines 361,000 31,820 30,083 1,737 251,884 270,750 (18,866)
Interest Earnings 13,000 1,307 - 1,307 15,462 9,750 5,712
Contributions & Donations 4,675 2,000 390 1,610 6,850 3,506 3,344
Other Revenue 45,408 1,414 2,289 (875) 34,689 34,056 633
Other Financing Sources 44,000 - 800 (800) 27,409 33,000 (5,591)
Total Revenues 18,724,003 649,445 528,118 121,327 6,784,684 6,474,466 310,218
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 188,877 15,184.15 13,264 1,920 133,907 144,470 (10,563)
City Clerk 218,385 11,241.72 17,203 (5,961) 139,053 163,290 (24,236)
City Manager 288,157 19,304.45 20,596 (1,292) 205,781 214,795 (9,014)
General Administration 39,664 4,639.05 2,764 1,875 26,338 26,560 (223)
Finance 491,538 30,555.61 33,238 (2,683) 364,311 375,505 (11,194)
Legal 230,000 10,871.21 19,167 (8,295) 123,565 134,167 (10,602)
Information Technology 631,976 39,539.94 69,140 (29,600) 450,365 470,360 (19,995)
Human Resources 289,026 19,727.27 21,996 (2,269) 195,208 204,689 (9,480)
Risk Management 195,015 - - - 175,218 190,717 (15,499)
General Government Buildings 352,402 35,713.50 37,412 (1,698) 260,976 276,005 (15,029)
Public Information & Marketing 172,990 12,362.86 12,069 294 110,762 124,915 (14,152)
Municipal Court 238,324 16,436.35 18,386 (1,949) 167,836 178,743 (10,907)
Police 3,050,934 200,113.36 228,227 (28,113) 2,093,681 2,247,663 (153,982)
Fire 4,644,572 270,431.64 348,293 (77,861) 3,265,587 3,529,147 (263,560)
EMS Operations 132,250 11,020.83 11,021 (0) 99,187 99,188 (0)
Public Works 1,730,612 109,929.51 158,713 (48,784) 1,053,786 1,148,533 (94,746)
Parks & Recreation 585,444 52,376.95 42,931 9,446 290,884 335,858 (44,974)
Community Development 936,621 65,162.50 72,227 (7,064) 680,991 698,660 (17,669)
Economic Development 39,673 2,892.65 2,966 (73) 26,236 29,813 (3,576)
Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 -
Operating Transfers to Other Funds 6,992,474 35,183.17 35,183 - 3,835,866 3,835,866 -
Operating Reserve 145,472 - - - - - -
Total expenditures 21,685,176 962,687 1,164,796 (202,109)13,790,309 14,519,711 (729,402)
Net Income/(Loss)(2,961,173)(313,242)(7,005,625)
Fund Balance - Beginning 10,103,680 10,103,680
Fund Balance - Ending 7,142,507 3,098,055
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee 1,275$ -$ 570$ (705)$
Earth Day Vendor Fee 1,500 - 1,350 (150)
Interest Revenues 100 2 26 (74)
Milton Roundup Sponsor 5,000 - 10,881 5,881
Earth Day Sponsor 2,000 - 4,500 2,500
Concert Sponsor - - - -
Mayor's Run Sponsor 1,500 - 2,250 750
Donations/Better World Books - - - -
T-shirt Sales - - - -
Mayor's Run Reg. Fees 2,250 - 1,590 (660)
Roundup Food Sales - - 642 642
Total revenues 13,625$ 2$ 21,810$ 8,185$
EXPENDITURES
Current:
Special Events 59,925$ 2,275$ 53,990$ 5,935$
Total Expenditures 59,925$ 2,275$ 53,990$ 5,935$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 30,000$ -$ 30,000$ -$
Total other financing sources and uses 30,000$ -$ 30,000$ -$
Net change in fund balances (16,300)$ (2,180)$
Fund balances - beginning 38,475 38,475
Fund balances - ending 22,175$ 36,295$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
3
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - - - -
Cash Confiscations/HIDTA - 18,758 44,858
Interest Revenues/State Funds - 3 28 28
Interest Revenues/Federal Funds - 3 18
Realized Gain on Investments/State Funds - - -
Budgeted Fund Balance - - - -
Total revenues -$ 18,763$ 44,903$ 28$
EXPENDITURES
Current:
Police -$ 4,493$ 9,577$ (9,577)$
Total Expenditures -$ 4,493$ 9,577$ (9,577)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 35,326$
Fund balances - beginning 89,080 89,080
Fund balances - ending 89,080$ 124,406$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
4
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 785,000$ 34,780$ 470,592$ (314,408)$
Interest Revenue 680 33 416 (264)
Total revenues 785,680$ 34,814$ 471,008$ (314,672)$
EXPENDITURES
Current:
Public Safety 993,599$ 403$ 512,040$ 481,559$
Total Expenditures 993,599$ 403$ 512,040$ 481,559$
OTHER FINANCING USES
Unallocated -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances (207,919)$ (41,032)$
Fund balances - beginning 790,699 790,699
Fund balances - ending 582,780$ 749,667$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
5
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant -$ -$ -$ -$ -$
Bulletproof Vest Program - - - - -
Byrne-JAG Grant - - - - -
GDCC Mini Grants 10,800 21,942 - 21,942 0
GEMA Grant - 754 - 754 (0)
FRESH Grant - - - - -
Interest Revenues - - 0 5 5
Total revenues 10,800$ 22,696$ 0$ 22,701$ 5$
EXPENDITURES
Current:
General Administration 17,230$ 6,058$ -$ 6,055$ 3
Police - 377 - 377 0
Fire 142,994 112,821 36,849 107,870 4,951
Parks & Recreation - - - - -
Total Expenditures 160,224$ 119,256$ 36,849$ 114,302$ 4,954$
Excess of revenues over expenditures (149,424) (96,560) (36,849) (91,601) 4,959
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 149,424$ 96,560$ 35,183$ 106,738$ 10,178$
Total other financing sources and uses 149,424$ 96,560$ 35,183$ 106,738$ 10,178$
Net change in fund balances - - 15,136
Fund balances - beginning 3,101 3,101 3,101
Fund balances - ending 3,101$ 3,101$ 18,238$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
6
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 50,000$ 5,514$ 39,125$ (10,875)$
Total revenues 50,000$ 5,514$ 39,125$ (10,875)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund 20,000$ 5,514$ 9,125$ (10,875)$
Transfers out to Special Events Fund 30,000 -$ 30,000$ -
Total other financing sources and uses 50,000$ 5,514$ 39,125$ (10,875)$
Net change in fund balances - -
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
7
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 60,000$ 60,000$ 676$ 39,696$ (20,304)$
Sidewalk Replacement Account - - - - -
Crabapple Paving Fee - 2,100 - 4,200 2,100
Traffic Calming - 5,800 - 5,800 -
Tree Recompense - 2,500 - 2,500 -
Landfill Host Fees 80,000 80,000 - 39,610 (40,390)
HYA Fees 10,000 10,000 - - (10,000)
Interest Revenue 5,000 5,000 155 2,466 (2,534)
Realized Gain or Loss on Investments - - - - -
Insurance Proceeds/Public Safety - 10,154 - 10,154 0
Insurance Proceeds/Public Works - - - - -
Atlanta HIDTA Stipend 3,000 3,000 - - (3,000)
Capital Lease Proceeds - - - - -
Total revenues 158,000 178,554 831$ 104,426$ (74,128)$
EXPENDITURES
Capital Outlay
City Council 78,172$ 78,172$ -$ 41,734$ 36,438$
Police 1,267,759 2,027,913 2,631 212,608 1,815,305
Fire 993,117 993,117 - 63,766 929,351
Public Works 7,054,689 6,961,400 71,261 1,410,071 5,551,330
Parks & Recreation 2,498,907 2,498,907 19,437 1,326,472 1,172,435
Community Development 65,069 67,569 - 35,742 31,827
Total Capital Outlay 11,957,713$ 12,627,078$ 93,329$ 3,090,393$ 9,536,685$
Excess of revenues over expenditures (11,799,713) (12,448,524) (92,498) (2,985,967) (9,610,813)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 4,879,890$ 5,799,751$ -$ 3,111,906$ (2,687,845)$
Unallocated (141,471) (141,471) - - 141,471
Total other financing sources and uses 4,738,419 5,658,280 - 3,111,906 (2,546,374)
Net change in fund balances (7,061,294) (6,790,244) 125,940
Fund balances - beginning 6,878,897 6,878,897 6,878,897
Fund balances - ending (182,397)$ 88,653$ 7,004,837$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
8
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
CDBG 170,000$ 170,000$ -$ -$ (170,000)$
LMIG Funds - 248,811 - 248,811 0
GDOT HPP Funds 7,559,147 7,559,147 - 231,213 (7,327,934)
LCI Funds 100,000 100,000 - - (100,000)
GA Urban Forestry Grant - - - 20,000 20,000
MARTA Grant 177,355 177,355 - - (177,355)
Deerfield @ Morris Grant 350,000 - - - -
SR 9 @ Bethany Bend Grant 60,000 60,000 - - (60,000)
GDOT-Signage/Landscaping 9,000 9,000 - - (9,000)
Interest Revenues 1,500 1,500 36 903 (597)
Total revenues 8,427,002$ 8,325,813$ 36$ 500,927$ (7,824,886)$
EXPENDITURES
Capital Outlay
Public Works 10,091,046$ 10,091,046$ 17,372$ 1,683,959$ 8,407,087$
Community Development 869,000 869,000 - - 869,000
Total Capital Outlay 10,960,046$ 10,960,046$ 17,372$ 1,683,959$ 9,276,087$
Excess of revenues over expenditures (2,533,044) (2,634,233) (17,336) (1,183,031) 1,451,202
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 994,974$ 1,096,163$ -$ 617,222$ (478,941)$
Total other financing sources and uses 994,974$ 1,096,163$ -$ 617,222$ (478,941)$
Net change in fund balances (1,538,070) (1,538,070) (565,809)
Fund balances - beginning 1,608,410 1,608,410 1,608,410
Fund balances - ending 70,340$ 70,340$ 1,042,601$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended June 30, 2013
9
HOME OF'::;E BLTON%
el' OUALIFY OF LIFE IN GEORGIA'
M I
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 26, 2013
FROM: City Manager
AGENDA ITEM: Approval of an Amendment to a Professional Services Agreement
between the City of Milton and Michael Elliott, Ph.D. for the Purpose of
Providing Facilitation Services for Two Sub -Areas within the Route 9
North Visioning Study Area.
MEETING DATE: Monday, August 5, 2013 Regular City Council Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: 'K APPROVED { } NOT APPRO VED
CITY ATTORNEY APPROVAL REQUIRED: YES ()NO
CITY A TTORNEY REVIEW REQUIRED: YES () NO
APPROVAL BY CITY ATTORNEY gAPPRO VED () NOT APPROVED
PLACED ON AGENDA FOR: d $ os- 13
REMARKS
® You(m� e. � -�� * * *
PHONE: 678.242.25001 FAX: 678.242.2499 *certtfwd
;���een
info@ci ofmiiton a.us www.ci ofmiiton a.us ,' s Common-,; �; #
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13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - `E"°'V"° 8AONZ� -- �,ay
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: Submitted on July 15, 2013 for the August 5, 2013 Regular Council Meeting
Agenda Item: Approval of an Amendment to a Professional Services Agreement between the
City of Milton and Michael Elliott, Ph.D. for the Purpose of Providing
Facilitation Services for Two Sub-Areas within the Route 9 North Visioning
Study Area.
____________________________________________________________________________
Department Recommendation: Approval
Executive Summary:
In an attempt to achieve consensus on the proposed future land use of two special treatment areas
contained within the on-going Rt. 9 North Visioning Corridor Study, an expert facilitator was
hired. Due to the volume of work generated by this initiative, the original estimated amount of
contract funding ($10,000) has been utilized. Since the work with both groups representing the
special treatment areas has proved to be very helpful, but remains unfinished, it was felt
worthwhile to continue with this initiative. It is estimated that at an hourly contract rate of
$125.00 per hour, an additional $5,000 would be sufficient to complete this project.
Funding and Fiscal Impact: Not to Exceed $5,000
Alternatives: N/A
Legal Review: Paul Higbee, July 15, 2013
Concurrent Review: Chris Lagerbloom
Attachment(s): Amendment to Contract
AMENDMENT #1 FOR PROFESSIONAL SERVICES AGREEMENT
Route 9 North Visioning Study - Facilitation Services
WHEREAS, the City of Milton, Georgia and Michael Elliott, Ph.D. have entered into a
Professional Services Agreement (the “Agreement”) dated April 1, 2013, incorporated herein by
reference, for facilitation services related to the development of the Route 9 North Visioning
Study; and
WHEREAS, the parties desire to issue an amendment pursuant to Section 7 of the Agreement, it
being to the mutual benefit of all parties to do so, as set forth herein for the reasons and
consideration set forth herein.
NOW THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. Section 1.0 Scope of Work: Compensation; Compensation of the Agreement is amended
by replacing “…$10,000…” with “…$15,000…”
2. It is agreed by the parties hereto that all of the other terms and conditions of the
Agreement, including all unamended portions, shall remain in full force and effect other
than as modified herein. Upon execution by all parties, this Amendment shall be attached
to and form a part of said Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their
duly authorized officers as of the day and year set forth next to each signature.
[SIGNATURES ON FOLLOWING PAGE]
Document
Michael Elliott, Ph.D.
Signature: __________________________________
Printed Name: _______________________________
Title: ______________________________________
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
_____________________________
CITY OF MILTON:
___________________________________
By: _____________________________
Its: _____________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
_____________________________
HC7ME aF `THEBI SF QUALITY OF LIFE IN GEORGIA'LTONI
M1
ESTABLISHED) '2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 26, 2013
FROM: City Manager
AGENDA ITEM: Approval of a Construction Services Agreement between the City of
Milton and Engineered Restorations, Inc. for Miscellaneous Bridge
Repairs.
MEETING DATE: Monday, August 5, 2013 Regular City Council Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ((APPROVED (} NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: (V YES () NO
CITY ATTORNEY REVIEW REQUIRED: V YES () NO
APPROVAL BY CITY ATTORNEY (k APPRO VED (} NO T APPRO VED
PLACED ON AGENDA FOR: d s 13
REMARKS 4
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PHONE: 67$.242.25001 FAX: 678.242.2448 rirMu Community c"�°f
info@cAyofmiltonga.us I www.cityofmiltonga.us
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - `Z""F`°°
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Carter Lucas, Public Works Director
Date: Submitted on July 18, 2013 for the August 5, 2013 Regular Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton and
Engineered Restorations, Inc. for Miscellaneous Bridge Repairs.
____________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: This project consists of repairs at 3 bridges in the City of Milton;
Dinsmore Road (@ Chicken Creek), Hickory Flat Road (@ Little River), and Birmingham Road
(on a tributary of Chicken Creek).
At Dinsmore Road, the repairs will consist of construction of a retaining wall on the west bank of
the Creek. This repair is being conducted in advance of the road repair work scheduled for later
this year. This repair will help prevent further erosion of the supporting soils for the bridge
abutment and will help extend the life of the bridge and roadway pavement.
At the other 2 locations, the repairs will consist of installation of connection bolts in the bridge
panels. These bolts were never installed as per the design specifications. These repairs were
highlighted as part of the annual GDOT bridge inspection program and will permit the allowable
load limits for the bridges to increase substantially.
In accordance with the city procurement procedures an invitation to bid was issued and 3
bids were received. Engineered Restorations, Inc. was determined to be the lowest reliable
bidder. Staff is recommending approval of a Construction Services Agreement with
Engineered Restorations, Inc. in the amount of $70,990.00.
Table 1. Bid Summary
Firm Bid
Engineered Restorations, Inc. $70,990
LC Whitford, Inc. $99,000
Royal Bridge, Inc. $943,760
Funding and Fiscal Impact: Funding for this project is available in the
Infrastructure/Bridge Replacement budget in the Public Works Department.
Page 2 of 2
Alternatives: There are no alternatives to this project.
Legal Review: Jarrard & Davis, LLP – Paul Higbee, 4/15/2013
Concurrent Review:
Chris Lagerbloom, City Manager
Attachment(s):
Construction Services Agreement
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M I LT 0 N*
ESTABLISHED 2006
CONSTRUCTION SERVICES AGREEMENT
FOR
Miscellaneous Bridge Repairs (2)
This Agreement (the "Agreement”) to provide miscellaneous bridge repairs 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"), Engineered Restorations, Inc., a Georgia
corporation with its principal place of business located at 225 Buford Dr., Lawrenceville,
Georgia 30046 (hereinafter referred to as the "Contractor").
WITNESSETH:
WHEREAS, the City issued an Invitation to Bid for Miscellaneous Bridge Repairs (2);
and
WHEREAS, based upon Contractor's bid to construct the bridge repairs 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 (62 Pages), attached hereto as Exhibit "A";
per-_
C. Bid from Contractor dated June 18, 2013 (1 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. Plans and specifications, attached hereto collectively as Exhibit "G",
I. Final Affidavit, 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 repairs to 3 bridges in the City of Milton;
Dinsmore Road Bridge, Hickory Flat Road Bridge @ Little River and Birmingham Road Bridge
@ a tributary to Chicken Creek as described in the Invitation to Bid issued May 28, 2013 and
provided herein as Exhibit "A".
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
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This Contract shall take effect on . Contractor agrees to complete the
Project within 21 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
$70,990, 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 Proposal 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. § 44-14-366.
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 $25,000, 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.
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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
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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
shall be authorized to act on
Contractor's behalf with respect 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.
I. 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.
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
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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.
(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
IR
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
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 (`BEV" 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 `B", 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.
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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", 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.
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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.
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.
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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
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 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. f RESERVEDI
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
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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
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 8 Covenants of the City
A. Ri t 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
Jim Seeba, PE shall be authorized to act on the City's behalf with respect to the
Work as the City's designated representative
Section 9 Warranty
Except as may be otherwise specified or agreed, the Contractor shall repair all defects in
materials, equipment, or workmanship appearing within one year from the date of Final
Completion of the Project at no additional cost to the City. An inspection shall be conducted by
the City or its representative(s) near the completion of the one-year general warranty period to
identify any issues that must be resolved by the Contractor.
15
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
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
16
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:
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:
Engineered Restorations, Inc. 225 Buford Dr., Lawrenceville, Ga 30046
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.
17
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 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 FOLLOWING PAGE]
18
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SIGNED, SEALED, AND DELIVERED
In the presence of:
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[NOTARY SEAL]
19
[CITY SEAL]
My Commission Expires:
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EXHIBIT "A"
REQUEST FOR BID
4OMEOF ,. CITY OF MILTON
INVITATION TO BID
LS TAG1.1Sf EEL) 2066
(THIS IS NOT AN ORDER)
Bid Number:
Project Name:
13-PW9
Miscellaneous Bridge Repairs (2)
Due Date and Time:
City of Milton
June 18, 2013
Number of Pages: 62
Local Time: 2:00pm
13000 Deerfield Pkwy
ISSUING DEPARTMENT INFORMATION
Issue Date:
May 28, 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 Envelope/Package:
Bidder Phone Number:
Bid Number: 13-PW9
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
June 7, 2013, 5 pm
Email questions to Rick Pearce at
rick.pearce@cityofiniltonga. 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
1IPage 13-PW9
Table of Contents
Topic Page
Invitation to Bid 3
Bidding Instructions (What must be submitted) 4
Insurance/Bond Requirements 5
Bid Form and Addenda Acknowledgement 9
Bid Bond 11
Qualifications Signature and Certification 14
Corporate Certificate 14
List of Subcontractors 15
Contractor Affidavit and Agreement (eVerify) 16
Bid Submittal Form
17
Disclosure Form
18
General Conditions
19
EPD Air Quality Rules
24
Project Specifications 25
Schedule of Events 34
Sample Contract Agreement 35
2 1 P a g e 13-PW9
CITY OF MILTON
Invitation to Bid 13-PW9
The City of Milton is accepting sealed bids from qualified firms for the Miscellaneous Bridge
Repairs (2) 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 June 18, 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-PW9) 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 June 7, 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
June 10, 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-PW9) and bid name Miscellaneous Bridge Repairs (2) 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 sixty (60) 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.
3 1 P a g e 13-PW9
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 Cover Sheet
1
2
Bid Form and Addenda Acknowledgement (2 pages)
9-10
3
Bid Bond (3 pages)
11-12-13
4
Qualification Signature and Certification
14
5
List of Subcontractors
15
6
Contractor Affidavit and Agreement (eVerify)
16
7
Bid Submittal Form (3 pages)
17
8
Disclosure Form
18
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 lump sum "purchasing contract" with one firm
to be the primary supplier of the Miscellaneous Bridge Repairs (2), 13-PW9.
No specification expressed or implied shall be construed as any type of restrictive specification
that would limit competition.
The City reserves the right to cancel the contract at any time with 30 days written notice.
Title to any supplies, materials, equipment or other personal property shall remain the
Contractors' until fully paid for by the City.
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.
4 1 P a g e 13-PW9
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 provided below and included in the CONTRACT
AGREEMENT (section K).
(1) Requirements: The Contractor shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the
Work by the Contractor, its agents, representatives, employees or subcontractors. All
policies shall be subject to approval by the City Attorney as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the City.
(2) Minimum Limits of Insurance: Contractor shall maintain the following insurance
policies with limits no less than:
(a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per
single occurrence, $2,000,000 (two million dollars) umbrella, including coverage
for bodily and personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting therefrom, vandalism, property loss
and theft.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000
(one million dollars) combined single limit per occurrence for bodily and personal
injury, sickness, disease or death, injury to or destruction of property, including
loss of use resulting therefrom.
(c) Workers' Compensation limits as required by the State of Georgia and Employers
Liability limits of $1,000,000 (one million dollars) per accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must
be declared to and approved by the City in writing.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the
following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City and City Parties are to be covered as insureds. The coverage shall
contain no special limitations on the scope of protection afforded to the
City or City Parties.
(ii) The Contractor's insurance coverage shall be primary noncontributing
5 1 P a g e 13-PW9
insurance as respects to any other insurance or self-insurance available to
the City or City Parties. Any insurance or self-insurance maintained by the
City or City Parties shall be in excess of the Contractor's insurance and
shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City or City Parties.
(iv) Coverage shall state that the Contractor's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability
exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City and
City Parties for losses arising from Work performed by the Contractor for
the City for General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers'
Compensation Coverage will agree to waive all rights of subrogation against the
City and City Parties for losses arising from Work performed by the Contractor
for the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do
business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI.
(6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance
and endorsements to the policies evidencing coverage required by this clause prior to the
start of Work. The certificate of insurance and endorsements shall be on a form utilized
by Contractor's insurer in its normal course of business and shall be received and
approved by the City within ten (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.
6 1 P a g e 13-PW9
(7) Subcontractors: Contractor shall include all subcontractors as insureds 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 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) City as Additional Insured and Loss PUeeee: The City shall be named as an additional
insured and loss payee on all policies required by this Agreement, except the City need
not be named as an additional insured and loss payee on any Workers' Compensation
policy.
BONDING REQUIREMENTS
Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms
are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City
of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project
strictly within the terms and conditions stated in this bid and in the bidding and contract
documents, should the construction contract be awarded.
The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE
BONDS for the faithful performance on the contract and a bond to secure payment of all claims
for materials furnished and/or labor performed in performance of the project, both in amounts
equal to one hundred percent (100%) of the contract price.
Bonds shall be issued by a corporate surety appearing on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to do business in the State of Georgia.
Bonds shall be on the forms provided by the City and subject to the review and approval of the
City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners
shall execute Bond.
OATH
Prior to commencing the Work, the successful bidder shall execute a written oath as required by
O.C.G.A. §§ 32-4-122 and 36-91-21(e).
7 1 P a g e 13-PW9
i::).'"'t
COST OF PREPARING A BID
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.
8 1 P a g e 13-PW9
[BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE]
(2 PAGES)
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-PW9
Miscellaneous Bridge Repairs (2)
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 constrict the items
listed in the attached plans for the lump sum price stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which
are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
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
9 1 P a g e 1 3 - P W 9
complete all Work within sixty (60) calendar days from the Notice to Proceed. If weather
affects the required completion schedule, The City and selected Bidder will negotiate a new
completion date.
Attached hereto is an executed Bid Bond in the amount of
(Five Percent of Amount Bid).
Dollars ($
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 Mailing Address:
Signature:
Print Name:
Title:
11 .`�It
Bidder (Seal)
Company Name
101Page 1 3 - P W 9
I I I P a g e 1 3 - P W 9
71. 1.71 NIP
[BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE]
(3 PAGES)
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
ATTN: 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.
BIDDER
(Seal)
Bidder's Name and Corporate Seal
By:
Signature and Title:
Attest:
Signature and Title:
SURETY
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title:
(Attach Power of Attorney)
Attest:
Signature and Title:
Note: (1) Above addresses are to be used for giving any notice required by the terms of this
Bid Bond.
121Page 13-PW9
I["(:NV
(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.
This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension of that time agreed to in writing by the
City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified in
the Bidding Documents (or any extension of that time agreed to in writing by
Bidder and, if applicable, consented to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the City,
which Notice will be given with reasonable promptness and will identify this Bond and the
Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time
extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that
the total time, including extensions, for issuing a Notice of Award shall not in the aggregate
exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond shall be deemed to be
included herein as if set forth at length. If any provision of this Bond conflicts with any
applicable statute, then the provision of said statute shall govern and the remainder of this Bond
that is not in conflict therewith shall continue in full force and effect.
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.
No Text
[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 Date
Print/Type Name
Print/Type Company Name Here
I,
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 day of , 20.
(Signature)
[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:
[BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE]
EXHIBIT "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 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 , 201_
Notary Public
My Commission Expires:
[BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE]
Bid Submittal Form
Miscellaneous Bridge Repairs (2)
The undersigned, as bidder, declares and represents that it has examined the site of the work and
informed himself/herself fully in regard to all conditions pertaining to the place where the work
is to be performed, including those conditions affecting the cost of the work and the delivery,
handling and storage of materials and equipment. The bidder has examined and read the Bidding
Document and has satisfied himself/herself that the Bidding Document is an adequate and
acceptable reflection of the work which is required to be performed and that the bidder is willing
and able to perform all of the work necessary. The bidder further certifies that no additional
information is required to complete the work encompassed by this bid within the cost and
schedule established and agreed upon within this bidding document.
Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a
contract to perform all work necessary to the successful completion of the contract; and to supply
all required submittals as indicated or specified in the ITB and the bid documents to be
performed or furnished by bidder for the for the total contract price of-
Total
f
Total Base Bid Price (Lump Sum) $
Print Dollar Amount
ADDRESS
AUTHORIZED SIGNATURE
PRINT / TYPE NAME
TITLE
No Text
[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.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 9 months)
by the City of Milton and your relation:
GENERAL CONDITIONS
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 10 1. 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
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
SECTION 103
Section 103.02 AWARD OF CONTRACT
Section 103.05 REQUIREMENTS OF
CONTRACT BONDS
Section 103.07 FAILURE TO
EXECUTE CONTRACT
Milton 13000 Deerfield Pkwy., Suite 107G
Milton, Ga. 30004. TEL. 678/242-2500,
FAX 678/242-2499.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 (1/3) 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
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
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."
***NOTICE TO CONTRACTORS"*
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER
391-3-1-02-05
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
404/363-7000; 404/362-2534 — FAX
No Text
Project Specifications
1.0 General Conditions
a) General Description of Project Scope: Contractor to bid on the following scope (See
also Location Map and Detailed Scope of Work). Contractor required visiting the
sites prior to submitting bid to confirm scope. The general scope of work will consist
of miscellaneous bridge repairs at 3 bridge locations in the City of Milton; 1)
Dinsmore Road Bridge (No. 121-5010-0), 2) Birmingham Road at Little River (No.
121-5151-0), and 3) ) Birmingham Road over Chicken Creek Tributary (No. 121-
5003-0).
b) One lane of traffic shall be open at all times. Lane closures shall be restricted to the
hours of 9 am to 4 pm.
c) Construction activity within 1000 feet on an occupied residence will be allowed
Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and
5:00 PM. Construction activity more than 1000 feet from an occupied residence will
be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between
the hours of 8:30 AM and 6:00 PM.
d) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours
prior to beginning construction.
e) Burial of construction materials is not permitted within the City of Milton. All
construction materials and debris within the work area shall be properly disposed of
by the contractor.
f) The contractor is responsible for any damaged property which occurs as a result of
this project. The contractor shall replace any damaged property at his own expense.
g) Unless otherwise stated, the City shall provide all necessary permits and easements
associated with this project prior to issuance of the Notice to Proceed.
h) There shall be no changes made to the Scope of Work without prior approval from
the City PWD.
2.0 Materials, Equipment and Employees
a) The contractor shall, unless otherwise specified, supply and pay for all labor,
transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and
incidentals necessary for the completion of his work, and shall install, maintain and
remove all equipment of the construction, other utensils or things, and be responsible
for the safe, proper and lawful construction, maintenance and use of same, and shall
construct in the best and most workmanlike manner, a complete job and everything
incidental thereto, as shown on the plans, stated in the specifications, or reasonably
implied there from, all in accordance with the contract documents.
b) All materials shall be new and of quality specified, except where reclaimed material
is authorized herein and approved for use. Workmanship shall at all times be of a
grade accepted as the best practice of the particular trade involved, and as stipulated
in written standards of recognized organizations or institutes of the respective trades
except as exceeded or qualified by the specifications.
c) No changes shall be made in the Work except upon written approval and change
order of the city.
d) Products are generally specified by ASTM or other reference standard and/or by
manufacturer's name and model number or trade name. When specified only by
reference standard, the Contractor may select any product meeting this standard, by
any manufacturer. When several products or manufacturers are specified as being
equally acceptable, the Contractor has the option of using any product and
manufacturer combination listed. However, the contractor shall be aware that the
cited examples are used only to denote the quality standard of product desired and
that they do not restrict bidders to a specific brand, make, manufacturer or specific
name; that they are used only to set forth and convey to bidders the general style,
type, character and quality of product desired; and that equivalent products will be
acceptable. Substitution of materials, items or equipment of equal or equivalent
design shall be submitted to the architect or engineer for approval or disapproval;
such approval or disapproval shall be made by the architect or engineer prior to the
opening of bids.
e) If at any time during the construction and completion of the work covered by these
contract documents, the conduct of any workman of the various crafts be adjudged a
nuisance to the Owner or if any workman be considered detrimental to the work, the
Contractor shall order such parties removed immediately from the site.
f) The contractor shall designate a foreman/superintendent who shall direct the work.
3.0 Erosion and Sediment Control
a) The contractor will provide suitable erosion and sediment control measures so as to
prevent sediment from leaving the site. Maintenance of erosion and sediment control
measures is required at all times. The contractor shall have certified erosion and
sediment control personnel on site at all times. All NPDES, GSWCC and City of
Milton guidelines should be followed.
b) All erosion and sediment control work shall be performed in accordance with the
standards provided in the Georgia Manual for Erosion and Sediment Control in
Georgia, latest edition.
c) Provide double row of Type C silt fence along the down slope side of all disturbed
areas. All barriers shall be in place prior to any land disturbing activities.
d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in
functional condition until permanent erosion control measures are established. All silt
fences and other temporary measures will be removed by the contractor/developer
when the site is stable.
e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified
products Section 171, type "C", for silt fence fabric. Type "A" silt fence fabric and
construction may be allowed with prior written approval from the land development
inspector.
f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case
shall a site be left bare for more than fourteen (14) days.
g) No clearing beyond the limits of disturbance shown on the approved plans shall be
allowed without approval.
h) Provide matting, temporary and permanent seeding of all slope faces.
i) Provide a minimum of 1/2 inch of mulching, temporary and permanent seeding of all
other disturbed areas.
4.0 Earthwork
a) The area within the typical grading section shall be cleared of all trees, brush, stumps,
logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles,
and all other matter resting on or protruding through the original ground surface or
appearing or being placed on the area within the typical grading section before final
acceptance of work.
b) All depressions below the ground surface containing water shall be drained,
unsuitable material removed and filled with suitable material and compacted to the
ground surface before the embankment proper is begun. Any area deemed
jurisdictional under federal, state or local regulations shall obtain required approvals
or permits prior to any land disturbing activities in those areas.
c) Sub -grade preparation shall be in accordance with GDOT specifications and these
regulations.
d) If any sections of the sub -grade are composed of topsoil, organic, or other unsuitable
or unstable material, such material shall be removed and replaced with suitable
material and then thoroughly compacted as specified for fill or stabilized with stone
or a geo-textile or geo-grid.
e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose
measurement). Moisture content shall be adjusted as necessary to compact material to
95% maximum laboratory dry density as determined by AASHTO method T-99.
f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer
utilities have been installed within the right-of-way as appropriate, and the backfill in
all such ditches thoroughly compacted, the sub -grade shall be brought to the lines,
grades, and typical roadway section shown on the plans.
g) Provisions shall be made by the contractor to ensure adequate drainage and prevent
possible damage to the work area.
5.0 Utilities
a) The contractor shall be required to coordinate and manage any and all utility locates
and/or relocations within the scope of this project.
6.0 Performance
a) All work performed shall be in accordance City of Milton Construction Standards.
The contractor will adhere to all current State and Federal construction safety
regulations, including OSHA regulations. The Contractor will conform to MUTCD
and the State of Georgia Department of Transportation standards for traffic control.
The Contractor must maintain a safe work zone for their employees, pedestrians, and
vehicular transportation. All work shall be inspected and approved by the City of
Milton Department of Public Works (MDPW).
7.0 Safety Requirements
a) The Contractor shall be responsible for the entire site and the construction of the same
and provide all the necessary protections as required by laws or ordinances governing
such conditions and as required by the Owner or Designer. He shall be responsible
for any damage to the Owner's property or that of others on the job, by himself, his
personnel or his subcontractors, and shall make good such damages. He shall be
responsible for and pay for any claims against the Owner arising from such damages.
b) The Contractor shall provide all necessary safety measures for the protection of all
persons on the work. Contractor shall clearly mark or post signs warning of hazards
existing, and shall barricade excavations and similar hazards. He shall protect against
damage or injury resulting from falling materials and he shall maintain all protective
devices and signs throughout the progress of the work.
8.0 Wetlands and Stream Buffers
a) No work shall be permitted within any designated wetland or stream buffer area
without prior approval of the City of Milton. Wetland areas and Stream buffers
shall be designated by the City of Milton prior to the issuance of a notice to
Proceed.
9.0 Codes, Permits, and Inspections
a) The Contractor shall obtain the required permits, if required, give all notices, and
comply with all laws, ordinances, codes, rules and regulations bearing on the conduct
of the work under this contract. If the Contractor observes that the drawings and
specifications are at variance therewith, he shall promptly notify the Designer in
writing. If the Contractor performs any work knowing it to be contrary to such laws,
ordinances, codes, rules and regulations, and without such notice to the Owner, he
shall bear all cost arising there from.
10.0 Clean up
a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish
at all times and shall remove debris from the site from time to time or when directed
to do so by the Owner. Before final inspection and acceptance of the project, the
Contractor shall thoroughly clean the sites, and completely prepare the project and
site for use by the Owner.
11.0 Schedule
a) Project shall start within 1 week of Notice to Proceed and shall be completed in
satisfactory manner, as deemed by MDPW, within 3 weeks from the Notice to
Proceed.
12.0 Scope of Work (Additional Details):
Dinsmore Road Bridge: The scope of work for the Dinsmore Road Bridge Repairs will
consist of Gabion wall construction and slope and stream bank stabilization below the
north/west side of the bridge. These gabion wall specifications are provided as a general
guideline as to wall location. The contractor is responsible for verifying field conditions
and providing a specific wall design to suit actual field conditions as part of the bid.
• Excavate sufficient material along the stream bank to construct/install a Gabion
wall. The Gabions baskets can be set in place, or can be filled on-site
depending on preference (See traffic control).
• The wall should be set approximately 6 feet from the inside edge of the end bents
and the top of wall shall be set approximately S feet above the normal water
level.
• The wall top shall be flat (set approx. 5 feet above normal water level).
• The wall shall be extend parallel to the stream alignment for the width of the
bridge and then curve back and tie-in to the existing stream bank on both sides.
• The existing stones (rip -rap) shall be placed along the base of the Gabion wall.
• Engineering fabric shall be placed along the inside of the wall and select
backfill (or alternate fill material, such as Plowable fill) shall be placed behind
the gabion wall. The backfill shall extend up the stream bank slope from the
top of wall to the bottom inside edge of the end bent. Based on approximate
locations provided, the backfill slope above the wall shall be approximately
2H:1 V.
• Eroded and irregular areas in the vicinity of the wall shall be smoothed so as to
blend with the wall and reconstructed slopes.
Hickory Flat Road over Little River Bridge (No. 121-5151-0): The scope of work is
to bolt the bridge deck panels together using galvanized 1" diameter A-36 bolts w/hex nut
and washers. The length of the bolts shall be determined by field measurements. Bolts
are to be provided at all existing hole locations. If bolts currently exist in hole locations,
they are to be removed and replaced. The contractor will be required to bore existing
holes if the size or alignment is not adequate.
Birmingham Road over Chicken Creek Tribuary (No. 121-5003-0): The scope of
work is to bolt the bridge deck panels together using galvanized 1" diameter A-36 bolts
w/hex nut and washers. The length of the bolts shall be determined by field
measurements. Bolts are to be provided at all existing hole locations. If bolts
currently exist in hole locations, they are to be removed and replaced. The contractor
will be required to bore existing holes if the size or alignment is not adequate.
12.0 Detail/Drawings (See Attached)
LOCATION MAP
No Text
Dinsmore Road Bridge
e Road
Notes
23 Gabion shown for general
location only.
3 asbion design to be prourde-d b!
contractor,
4} Gabk.n to extend pw aftto on
bent for vs khh at brdge. Gabion
wolfs taper to stream bank slopes
beyond wittb of brOjae.
5.7 Gobio"Mt to be on
west$ttorth side of stream only.
Photographs
Dinsmore Road - North/West Stream Bank (121-5010-0)
Dinsmore Road- North/West Stream Bank (121-5010-0)
Birmingham Road at Chicken Creek Tributary (121-5003-0)
Hickory Flat Road at Little River (121-5151-0)
SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event:
Release of ITB
Date:
5/28/2013
Deadline for Written Questions 6/7/2013 @ 5:00 PM
*Submit via E -Mail to Rick Pearce of Purchasing Office
City of Milton Addendum (on or about) 6/10/2013
(Official answers to questions and potential changes to ITB. Addendum will be posted at
the same web locations as the ITB)
Bids due
6/18/2013 @ 2:OOPM
Bids are due to: City of Milton
Attn: Rick Pearce, Purchasing Office
13000 Deerfield Pkwy
Suite -107G
Milton, Ga. 30004
Tentative Contract Award (On/about) 7/15/2013
Notice to Proceed Issued (On/about) 716/2013
Reference Only
Subject to change
SAMPLE CONSTRUCTIONAGREEMENT
This Construction Agreement (the `Agreement') is made and entered into his day of
20 by and between the City of Milton, apolitical subdivis' the State of Georgia, acting
by and through its governing authority, the City of Milton Mayor and Counci inafter referred to as the
"City'), and XXXY a with its principal place of b s located at XXXXXXX
(hereinafter referred to as the "Contractor') (collectively referred to herein Partia&.
WITNESSE
WHEREAS, the City issued a Invitation to Bid, dated
XAXXXXX,• and AM
WHEREAS, the Cityfinds that specialized
Work contemplated under this Agreement; and
WHEREAS, based upon Contractor's bidw
City has selected Contractor as Jhe successful propll
WHEREAS, Contractor hd'%�bgreed to perfort
terms and conditions provided in this Agreement; and
WHEREAS, �
Project, and the Work,
in any man�that ma
for seever escrtoea as
I tr are nec ry to perform the
lining and rience to perform the Work;
tion to Bid for , the
forth in this Agreement, according to the
ts familiarized itself wYMe nature and extent of the Contract Documents, the
al -conditions pnd federal, state and local laws, ordinances, rules and regulations
cost, progress or perforypance of the Work, and Contractor is aware that it must be
TRQW THEREFORE, 7ty and Contractor, in consideration of the mutual promises, public purposes,
and the acknowledgements_and agreements contained herein and other good and valuable consideration, the
sufciency of which is hereby acknowledged, agree as follows:
Section 1. Contract Docs rents
The followinis, attached hereto (except as expressly noted otherwise below) are incorporated
herein by reference and constitute the Contract Documents:
L. This Agreement,
M. Invitation to Bid (and other bid related documents) attached hereto as Exhibit `A" (including the
Project Specifications);
N. Bid Documents from Contractor dated attached hereto as Exhibit "B ";
O. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit
„C»
P. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D
Q. Final Affidavit, attached hereto as Exhibit "E";
R. Alien Employment affidavits attached hereto as Exhibits "F" and "G
H. SAVE affidavit attached hereto as Exhibit "H";
J. Key Personnel, attached hereto as Exhibit "J",
GM
The following which may be delivered or issued after the
attached hereto: All Written Amendments and of
supplementing the Contract Documents if properlyapt
Section 2. Proiect Description
The Project is defined generally as follows:
wt and are not
modifying, or
the Parties.
Section 3. The Work r ", IW
The Work is specified and indicated in the..Contract Docu pts (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, com, We the Woikin strict accordance with the Contract
Documents (including, but not li 'ited to, the ProjectSpec fcations attached hereto and incorporated herein by
reference). In the event of any i cre ancy_among the -terms of the various Contract Documents, the provision most
beneficial to the City, as determine yththe City in its sole discretion, shall govern.
The City will Issue a Notice to Proceed a hrch No e to Proceed shall state the dates for beginning Work
and for achieving Final Complet' n of Wor� Work shall commence within ten (10) days of the City's issuance of
the Notice to Proceed.
SectionContract�i'nie
entractor warrants and_represents that it will perform the Work in a prompt and timely manner, which
shall not 'impose delays on the progress of the Work. Contractor agrees to complete the Project within XCff days
from the date of the City's issuance of a written Notice To Proceed.
Section S. Contractor's Compensation, Time and Method ofPavment
The total amount paid under this Agreement shall not, in any case, exceed except as
outlined in Section 6 beg. The compensation for Work performed shall be based upon the amount of debris
removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by
reference. 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 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 actually performed 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 Contractorfrom all subcontractors in accordance with O. C.G.A. § 44-14-366.
For reasonable cause 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 con 'on of all contract requirements,
retained amounts shall be paid promptly less any offsets or deductions auth hereunder or by law.
Any material deviations in tests or inspections performed, times or ions fired to complete such
tests or inspections and like deviations from the Work described in this Agreemen clearly communicated to
the City before charges are incurred and shall be handled throu hange orders o truction change directives
as described in Section 6 below. The City shall pay the Contractor within thirty (3 4afterval of the
invoice by the City. No payments will be made for unauthorized ti di*. Payment will designated
address by U.S. Mail only; payment will not be hand -delivered, though, Me Contractor me to pick up
payments directly from the City or may make writte , nests for the City ode Iver paym is the Contractor by
Federal Express delivery at the Contractor's expense. It
The City may withhold payment or menor�.r•easons including, t limited to, the following:
unsatisfactory job performance or progreork-, dispitted work; failure to comply with material
provisions of the Agreement, thirdparty claso evidence that a claim will be filed or other
reasonable cause.
Section 6. Work Chane
A. "Change order" m a o ation oJKe Contract Documents, signed by the City and
the actor.
B. The r es the right o der changes in the Work to beperformed under this Agreement by
altering adding to, o .deductink from the Work. All such changes shall be incorporated in written
change orders an uted by the Contractor and City. Such change orders or construction
change directives a lery the changes ordered and any necessary adjustment of
compensation and completion-iime. If the Parties cannot reach an agreement on the terms for
performing tchanged 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 Tins; --and the Contractor shall proceed with the changed Work.
C. Any Work ed to the scope of this Agreement by a change order or construction change
dire be executed under all the applicable conditions of this Agreement. No claim for
additr 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 7. 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 OF T SENCE for completion of the
Project.
C. Expertise of Contractor
Contractor accepts the relationship of trust Anfidence establis -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,_.rmd professional skill and judgment to provide the
services in pursuit of the timely and competent completion of the Work undertaken by Contractor
under this Agreement. The Contractor agrees to -use its best.e#brts, skill, judgment, and abilities
to perform its with the City's obligations
a to rocedur_ese inter sus of the City and the Project in accordance
`.
Contractor represents that zt has'familiarize'd i elf with the nature and extent of the Contract
Documents, the Work, work site), locality, and all focal conditions, laws and regulations that in
any manner mayafffct cost, progress,performance, onishing of the Work. Contractor further
represents aa-zgrees that it has_- correlated the re is of such observations, examinations,
investigations, explorations,
-tests, reports, and -studies with the terms and conditions of the
Contract Documents. Contractor represents that it has given the City written notice of all
co errors, or direpancies-that the Contractor has discovered in the Contract Documents,
an n resolution theof by the e, -Ci is acceptable to the Contractor.
Conti agrees that it willVier orm its services in accordance with the usual and customary
standar the Contrac•tor•'s Prajession or business and in compliance with all applicable
federal, st to and local l -s regulations, codes, ordinances, or orders applicable to the Project.
Further, th ctor agren to bear the full cost of correcting the Contractor's negligent or
im r er Wo a negligent or improper work of its contractors and subcontractors, and any
b h negligent Work.
The Contra 's dlties shall not be diminished by any approval by the City of Work completed or
produced, - shall the Contractor be released from any liability by any approval by the City of
Wor ed or produced, it being understood that the City is ultimately relying upon the
Cont s skill and knowledge in performing the Work required under the Contract Documents.
In the event that during the course of performing the Work, the Contractor discovers or
reasonably should discover that there exists in any of the Contract Documents that is, in the
Contractor's opinion, unsuitable, improper, or inaccurate for the purpose for which the document
or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety,
issues or concerns.
D. Budzetary Limitations
E.
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.
City's Reliance on the Work
The Contractor acknowledges and agrees that the Cidoiff undertake to approve or pass
er
upon matters of expertise of the Contractor and that ththe City bears no responsibilityfor
Contractor's services performed under this Agreement. ntractor knowledges and agrees
that the acceptance of Work by the City is limited to the func de ing whether there has
been compliance with what is required to be produced under ment. The City will not,
and need not, inquire into adequacy, fitness, suitability o ectness of Contractor's
performance. Contractor further agrees that no approval of des*
Work by any person, body or agency shall relieve Gontractor of the
fitness, suitability, and correctness. of .Contractor's Work under
standards or for performing se es under- this Agreement in a
accepted professional and industryrincipals.Aklik 14
Contractor must have
required under this A,
City, but Comm,,- r
Contractor knows .
cations, or
Ivor adequacy,
97 and industry
w*th sound and
and input from the City in order to perform the Work
or is ehfit to rely upon information provided by the
prove mediate written notice to the City if
that y information provided by the City is
on Contractor's behalf with respect to the Work as
s and agrees not to assign or transfer any interest in, nor delegate any
without the prior express written consent of the City. As to any approved
-actor shall be solely responsible for reimbursing them, and the City shall
The Contractor covenants and agrees to take and assume all responsibility for the Work rendered
in connection with this Agreement. The Contractor shall bear all losses and damages directly or
indirectly resulting to it and/or the City on 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 dire r indirectly employed by the
Contractor or subcontractor or anyone for whose acts the AgMactor or subcontractor may be
liable, the indemnification obligation set forth in this prorsi 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 corn-Asation acts, disability
benefit acts or other employee benefit acts. This obligation to ndeinn defend, and hold
harmless the City and City Parties shall survivetermination of this Agreement, provided that the
claims are based upon or arise out of actions' h' occurred during the performance of this
Agreement. b .
J. Independent Contractor
Contractor hereby covenant and that engage dependent business and
agrees to perform the Wor indep c ctor and notWe agent or employee of the
City. The Contractor agre olely r de for its own matters relating to the time and
place the Work is performe , menta tools, supplies and/or materials necessary to
complete the Work; hiring of s n rs, ag employees to complete the Work, • and the
payment of e ployees, includi om a wit al Security, withholding and all other
regulations g ern ng -such matte he actor ees to be solely responsible for its own
acts and those fits subordinat emplo and subcontractors during the life of this
Agreement. Any provisions of this Ag" ment t may appear to give the City the right to direct
Contractor as to the details of the servie'' _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 ath regard to the results of such services only.
— _
Inasmuchas the Citi`—and the Contractor are independent of each other, neither has the authority
to bind the other to any thirdperson 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
Co etor agrees not to represent itself as the City's agent for any purpose to any party or to
employ of the Contractor to do so, unless specifically authorized, in advance and in
writing to_:dQ so&nd then only for the limited purpose stated in such authorization. The
Contractor shall d7sume full liability for any contracts or agreements the Contractor enters into
on behalfofI4 City without the express knowledge and prior written consent of the City.
K. Insur
(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 (o,
(one million dollars) combined single
personal injury, sickness, disease or del
including loss of use resulting therefrom
Workers' Compensation limits as
Employers Liability limits of OjkO,
-owned, hired) of $1,000,000
occurrence for bodily and
to or destruction of property,
State of Georgia and
Vars) per accident.
must
to contain, the
to be covered as insureds. The coverage
(ions on the scope of protection afforded
i s insu'Mce coverage shall be primary noncontributing
espects to any other insurance or self-insurance
ity or City Parties. Any insurance or self-insurance
by the City or City Parties shall be in excess of the
's insurance and shall not contribute with it.
rilure to comply with reporting provisions of the policies shall not
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.
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
and City Parties for losses arising from Work performed by the
Contractor for the Cityfor General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers'
Compensation Coverage will agree to waive all rights of subrogation against
the City and City Parties for losses arising from Work performed by the
Contractor for the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled, reduced
in coverage or in limits except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
(ii) Policies shall have concurrent stand ending dates.
(S) Acceptability of Insurers: Insurance is to be with ir�rers authorized to do
business in the State of Georgia and with an A.M. B atin o less than A: VI.
(6) Verification of Covera: Contractorhahall furnish theC`qL h certificates of insurance
and endorsements to the policies evidencing -overage requi this cl rior to the
start of Work. The certificate of insurance and endorsements e form utilized
by Contractor's insurer in its normal course of business and a received and
approved by the City within ten (10) days of the -Nati e ofAwar . e City reserves the
right to require complete,"bertified copies of all req ins policies, at any time.
The Contractor shal_1_provide proof that -any expiri a has been renewed or
replaced at least two (2) weeks prior to the !xpiration o verage.
_J
(7) Subcontractors: Contractor- shall include all subcontractors as insureds 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
Agree ent i ding but not limited to naming the Parties as additional insureds.
(8) Claim�Mfilr a P CoAntractor° shall extend any claims -made insurance policy for at
least six (6) years after termination or final payment under the Agreement, whichever is
(9) as -Additional Insured and Loss P ee: The City shall be named as an additional
red a loss payee on:�all policies required by this Agreement, except the City need
n be named ds an additional insured and loss payee on any Workers' Compensation
Policy. --
Ands=....- -- - -�
The Contr shlfll provide Performance and Payment bonds on the forms attached hereto as
Exhibit "C' d with a surety licensed to do business in Georgia. Upon the request of any person
ore aring to be a potential beneficiary of bonds covering payment of obligations arising
under greement, the Contractor shall promptly furnish a copy of the bonds or shall permit a
copy to be made.
M. Employment of Unauthorized Aliens Prohibited
(1) E- Verify Affidavit
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 Cityprovided forms, attached
hereto as Exhibits `F"' and "G" (affidavits regarding compliance with the E-Yerify
program to be sworn under oath under criminal penalty of false swearing pursuant to
O. C. G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous
twelve (12) month period conducted a verification, under the federal Employment
Eligibility Verification ("EEV" or "E -Verb') program, of the social security numbers,
or other 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. The Contractor hereby ver f esi that it has, prior to executing
this Agreement, executed a notarized affidavit, they of which is provided in Exhibit
"F", and submitted such affidavit to City. Izi-'the event the Contractor employs or
contracts with any subcontractor(s) in conn&i with th covered contract, the
Contractor agrees to secure from such subcontract o ties of the subcontractor's
compliance with O.C. G.A. § 13-10-91 and Rule 30 by the subcontractor's
execution of the subcontractoraffid e form of whi ttached hereto as Exhibit
"G", and such subcontractor aff davit ecome part o ntractor/subcontractor
agreement. Further, Contra cto rees t ide complete I les .of Exhibit "G" to
the City within five (5) busin eceip any subcontractor...
The City Manager or hiignee s eaut to ct an inspection of the
Contractor's and ntract ubcon tors' ve rocess at any time to
determine that t i rcatio s ect and co e. The Contractor and
Contractor's subc shal all documents and records of their respective
verification process eriod ee (3) years following completion of the
Agreement.
�. rr-r
The City Manager or hisAer designee shall rther be authorized to conduct periodic
inspections to ensure that no City Contractor or Contractor's subcontractors employ
unauthorized_ aliens on Cit1v. contracts. 3By entering into a contract with the City, the
Contractor and Contractor' ubcontractors agree to cooperate with any such
investigation by making their' s and personnel available upon reasonable notice for
- inspection and questioning. ffere a Contractor or Contractors subcontractors are
found to Have employed an_unauthorized alien, the City Manager or his/her designee may
mport same to. the Department of Homeland Security. The Contractor's failure to
co er• to ith the investigation may be sanctioned by termination of the Agreement, and
thector shall be liable for all damages and delays occasioned by the City thereby.
antrac`tor 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. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91
andl?ule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit,
arta ed 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
subcontractor(s) in connection with this Agreement, the Contractor will secure from the
subcontractor(s) such subcontractor(s) indication of the above employee number
category that is applicable to the subcontractor.
The above requirements shall be in addition to the requirements of State and federal law,
and shall be construed to be in conformity with those laws.
(2) SAVE Affidavit and Secure Verifiable Document
Pursuant to O. C. G.A. § 50-36-1, the City must obiaaa SAVEAffidavit and a secure and
verifiable document evidencing the Contractor's legal status in the Country each time
that Contractor obtains a public benefit, inchicling any contract from the City.
Contractor hereby verifies that it has, prior to executing this Agreement, executed a
SAVE Affidavit (to be sworn undMUOM under criminal _penalty of false swearing
pursuant to O.C.G.A. § 16-10-71), a <ef which is attaNed hereto p Exhibit "H",
and submitted such affidavit to the City in person, electronically -or by --,
y mail. Further,
Contractor verifies that it h r-to_executi is Agreement, s b�miited a secure and
verifiable document, evid the Contractor' l status, to e city either in person
or electronically (in co nce with--- the Um Ele Transactions Act).
Contractor verifies t it is pliance_jyith the atus of an Applicant for
Public Benefit, asd§Wed by e r�fsi Security a migration Compliance Act
(O.C.G.A. § 50-36
N. Records, Reports and Audits
(1) Records:,,.
(a)
Records shall be esti' dished '% 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
fi dings shall be-xetained for three years or until such audit findings have been
"' Iveii whiever is later.
11 costs shall be supported by properly executed payrolls, time records,
voices, contracts, or vouchers, or other official documentation evidencing in
er detail the nature and propriety of the charges. All checks, payrolls,
I oices, 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 Cityfor 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 of Interest
Contractor agrees that it shall not engage in any activity or conduct that would result in a
violation of the City of Milton Code of Ethics or any other similar law or regulation.
P. Con identiality
Contractor acknowledges that it may receive confidential i tion of the City and that it will
protect the confidentiality of any such confidential i tion and will require any of its
subcontractors, consultants, and/or staff to likewise pro ch confi ntial information. The
Contractor agrees that confidential information it receives o „such report ; information, opinions
or conclusions that Contractor creates under this Agreement shall not be made available to, or
discussed with, any individual or organizati I luding the news media, withoutiprior written
approval of the City. The Contractor shall a reasonable' precautions to prevent the
unauthorized disclosure and use of City ,,formatio they specifically deemed confidential or
not.
Contractor acknowledges that the C' a disclosure,of do atio verned by Georgia's
Open Record's Act, and C tractor er acknowledges t tractor submits records
containing trade secret inf dation, an t _ Contr_acJ`or wishes to such records confidential,
Contractor must submit and attach to such records an affidavit affirmatively declaring that
specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of
Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related
thereto, -'
i
Q. Licenses Certi ,cations and Permit
The_ Contractor covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of the Contractor by any and all national, state, regional, City, local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its
own expense, will ofitaiii all licenses, permits or other governmental authorizations needed to
perform the Project"Licenses �, including but not limited to any permits required by the EPA or
the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to
the. City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and
plywith the terms of all such Licenses throughout the term of this Agreement. All Work
erformedby Contractor under this Agreement shall be in accordance with applicable legal
requirements -and shall meet the standard of quality ordinarily expected of competent
professiona
R. Hazai aste
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 U.S. Environmental Protection Agency or the Georgia Environmental
Protection Division of the Georgia Department of Natural Resources.
S. Key Personnel
11 of the individuals identified in Exhibit `J" are necessaryfor 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 exp e and experience. Failure to
comply with the provisions of this section shall constitut aterial breach of Contractor's
obligations under this Agreement and shall be grounds ermination. Contractor shall not
subcontract with any third partyfor the performance of a tion of th Work without the prior
written consent of the City. Contractor shall be solely respo for uch subcontractors in
terms ofperformance and compensation. _
T. Authority to Contract
The Contractor covenants and declares that it has obt ll necessary a s of its board of
directors, stockholders, general partners, limited partner V
it: to simultaneously
execute and bind Contractor to the terms of this Agreement,
U. Ownership of Work##*—,
All reports, designs, drawings, plans; specifications, schedules, work product and other materials
prepared or in the process of being prepared foi`--IR-services to be performed by the Contractor
Materials" ,shall be the property o the Cit and the City shall be entitled to full access and
(" i P p tY .% Y�
copies of all clr-Materials. Anv such Materials remaining in the hands of the Contractor or
subcontractor upon completion or termination -off 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
an rials are lost, damaged or destroyed before final delivery to the City, the Contractor
sha - dce them at its own expense. Any and all copyrightable subject matter in all Materials is
hereby-assigt�ed to the City and the Contractor agrees to execute any additional documents that
may be rie essary to evidence such assignment.
Meetinjzs
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
z -
City. The Contractor will be given a minimum of three full working days notice of meeting date,
time, and localion. 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
probU esolution 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
B. Ri-aht of Entry
The City shall provide for right of entry for Contractor in order for Contractor to complete the
Work.
B. City's Representative
;M= 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:
L The City may terminate this Agreement for conv e a time upon providing
written notice to Contractor.
ii. In the event of a termination for convenience, Contracto 11 take immediate steps to
terminate Work as quickly and effectively as possib shall inate all
commitments to third parties unless otherwise -instructed by the
iii. Provided that no damages are_due to the City for Contractor e to perform in
accordance with this Agreement, the City shall pqy Contrac r, accordance with
Section S herein, for all debris that is loaded and disposed dfor other Work that is
performed by 6.00 PM on the. day follo . 'ng Contraclor 4 Yeceipt of City's notice of
termination. The Cityshall have. no firrth-er liability to Contractor for such termination.
Further, and at its -sole discretion, the_Ciy may pay Contractor for additional value
- - -
received as a result 'o NreCeme
', but in no case shall the City's total payment
for the Work exceed tle agreed to herein.
B. Termination
i. The City _.ter t .it e -or cause if Contractor breaches any material
rovision 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
ithoid further notice. -
ii, Die City shall then ma -e; lternative arrangements for completion of the Project. The
City tivill rr�gke no pay_n3ent to the Contractor or its Surety until all costs of completing the
Project -axe paid. If the per unit price charged by the replacement contractor exceeds the
per unit price charged by the Contractor, as provided in this Agreement„ the Contractor
Is will pay the difference to the City to finish the Project.
C. If th:ty m es this Agreement for cause, and it is later determined that the City did not
haveu do so, the termination will be treated as a termination for convenience under the
term n 10(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. 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, r ctively, and not against any
employee, officer, director, or elected or appointed official.
Section 12. Miscellaneous
A. Complete Agreement. This Agreen
and supersedes any and all other a,
respect to the subject matter of tl
relating to the subject matter of thin
binding. This Agreement may be
representatives of both Parties with
e Parties
rties with
promise
valid or
igned by
B. Successors and Assigns Su 'ect to the provision of this Agr aiding assignment, this
Agreement shall be bindin he heirs, ezecztto-is. _administrate ccessors and assigns of the
respective Parties, provided that no party may assign this Agreement without prior written
approval of the other party.
C. Governin Lm.V. This Agreement shell be governed bird construed under the laws of the State
of Georgia. I ny: action at law or in equtry is broughtTo enforce or interpret the provision of this
Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any
action or suit related to this Agreement shall be`brought in the Superior Court of Fulton County,
Ge
D.Coun aAgr
eme ee ay be executed in any number of counterparts, each of which
shall b n ori but all of which together shall constitute one and the same
instrume
Invalidity o revisions. Should any part of this Agreement for any reason be declared by any
court ofcompetent jurisdiction to be invalid, such decision shall not affect the validity of any
inireg Porti which remaining portion shall continue infull force and effect as if this
Agreement -had b executed with the invalid portion hereof eliminated, it being the intention of
the Parties• t t ey would have executed the remaining portion of this Agreement without
including uch part, parts or portions which may for any reason be hereafter declared invalid.
F Notice. 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 Agrement shall onstrued to be a waiver of the
City's sovereign immunity or any individual's qualified goo or official immunities.
H. Force Maieure. Neither the City nor Contractor shall be for their espective non -negligent
or non -willful failure to perform or shall be deemed in wi pect to the failure to
perform (or cure a failure to perform) any of their respectiv r obligations under this
Agreement or for any delay in such performa ce due to: (i) an e beyond their respective
reasonable control; (ti) any act of God- (iii) as y -change in appli govern 1 rules or
regulations rendering the performance of any port4gn this Agreeme gaily ossible; (iv)
earthquake, fire, explosion or flood; (y) strike or labor dilpute, excluding s r�'kes-pr labor disputes
by employees and/or agents of Contractor; (vi) delay &-fif ilure to act by ani governmental or
military authority; or (vii) any `war, hostility, embarg6,_sabotage, 3vi1 disturbance, riot,
insurrection or invasion. I chevenl the time for performanceshalLbe extended by an amount
of time equal to the period delay caused by szrch acts. Any additional reasonable costs incurred
by Contractor as a result of szzch -extension,-may be added to the Contract Price subject to the
terms of Section 6 and approval of -a -Change Older relating to same. All other obligations shall
remain intact.
L Headings. ThezcrptiTi or headriote on s or ions of this Agreement are intended for
convenience and ease 'off-keterence purposes d in no way define, limit or describe the scope
or intent thereof, or ' is'A n't " in an affect this Agreement.
J. Non`dikri ination. In a cordance with --Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d sectio�03 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Anieric with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of
Federal law, the agrees that, during performance of this Contract, Contractor, for
itself, its assign nd ors in interest, will not discriminate against any employee or
4
applicant for . -em p oyment, any subcontractor, or any supplier because of race, color, creed,
--
national_origin,-gender, age or disability. In addition, Contractor agrees to comply with all
appicable-implerne ting regulations and shall include the provisions of this Section 12(J) in every
subcontract for ses contemplated under this Agreement.
K. Waiver. Na failure by the City to enforce any right or power granted under this Agreement, or to
insis7trict compliance by Contractor with this Agreement, and no custom or practice of the
City a riance 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
date first above written.
CONTRACTOR:
By:
Attest:
SIGNET
in the p
Witness
Notary.
[NOTA
My Cor,
[SIGN
(signature)
(print)
Approved as to form:
City Attorney
CITY 0
[CITYS.
SIGNET
in thepi
Witness
Notary.
[NOY
My Cor,
EXHIBIT "A"
[Insert Invitation to Bid]
EXHIBIT `B"
[Insert Bid Documents]
EXHIBIT "C"
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS THAT
CONTRACTOR, hereinafter referred to as the "Principal'), and
(as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR S
unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the
"Claimant, " as hereinafter defined, in the sum of
money of the United States of America, for the payment of which rincil
themselves, their heirs, executors, administrators, successo�Z I asst
presents.
WHEREAS, the Principal has
dated the of .20 -
referred
20_referred to as the "CONTRACT'), for the
(hereinafter referred to as "the
NOW THEREFORE, the c
I
2.
(as
are held and firmly bound
for the use and benefit of any
Do $ ), lawful
tractor's Surety bind
'iseve t y these
6-Alement with the City,
by reference in its entirety (hereinafter
each and all of the terms, provisions and
Ps*ludingl
uring the period of any warranties or guarantees required
ents, changes, deletions, additions, and alterations thereto that
if the Principal and the Contractor's Surety shall indemnify and hold harmless
the t om any 11 , liability and damages, claims, judgments, liens, costs and fees of every
description, includi t not limited to, any damages for delay, which the City may incur, sustain or suffer
by reason of re 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;
In the event of a failure ofperformance of the Contract by the Principal, which shall include, but not be
limited to, any breach of default of the Contract:
a. The Contractor's Surety shall commence performance of its obligations and undertakings under
this Bond no later than thirty (30) days after written notice from the City to the Contractor's
Surety; and
b. The means, method or procedure by which the Contractor's
obligations under this Bond shall be subject to the advance
The Contractor's Surety hereby waives notice of any and all modiJ4,
and advance payments or deferred payments in or about the Contract, and
this Bond shall not be impaired in any manner by reason of any su dij
and advance payments or deferred payments. The Part' res
be brought within the time allowed by Georgia law f on cont un
IN WITNESS WHEREOF, the
seals and caused this obligation to be signed
,20
(print)
Title:
Date:
undertakes to perform its
1
approval of the City.
<anyac
additions, changes
ations undertaken by
ddia changes,
this Bond may
eo xed their corporate
or attorneys -in -fact, this
[AFFIX CORPORATE SEAL]
day of
(signature)
(print)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Attest:
Title:
Date:
CONTRACTOR'S SURETY:
By: (signature)
(print)
Title: (SEAL)
PAYMENTBOND
CITYOFMILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT
referred to as the "Principal'), and (as SURETY CO.
the "CONTRACTOR'S SURETY'), are held andfirmly bound unto the City
hereinafter referred to as the "City'), for the use and benefit of any "Claiman ,
Of Dollars ($vful money
for the payment of which the Principal and the Contractor'
administrators, successors and assigns, jointly and s
WHEREAS, the Principal has entere r iJa
dated which is incorpora by
"CONTRACT'), for the construction of a projee
referred to as "the PROJECT'
NOW THEREFORE, the
payment to any Clai einafter 1101
for use in the performan the t, then
effect. A ow
(as CONTRACTOR, hereinafter
kMY, hereinafter referred to as
n, Georgia (as OWNER,
eC*deflned, in the sum
ttates of America,
th"Ars.
aenter, a certae greement with the City,
n its entirety (hereinafter referred to as the
x, (hereinafter
10
is s that if the Principal shall promptly make
services and materials used or reasonably required
shall be void; otherwise to remain in full force and
A "' s de herein as any Subcontractor, person, Party, partnership, corporation or
other entityfurnishing labor, ices or materials used or reasonably required for use in the performance of the
Contract, without regal ether such labor, services or materials were sold, leased or rented, and without
regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor
performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property
of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove
any such Lien by bond or otherwise as provided in the Contract.
The Parties further expressly agree that any action on this Bond may be brought within the time allowed by
Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate
seals and caused this obligation to be signed by their duly authorized officers on this day of
,20
Attest:
Title:
Date:
Attest:
(signature)
(printed)
(signature)
Title: (SEAL)
Title:
Date:
(ATTACH SURETY'S POWER OF ATTORNEY)
STATE OF GEORGIA
City of Milton
EXHIBIT "D"
NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER
, being first duly sworn, deposes and says that:
(1) He is (Owner, Partner,
XV0X (the "Proposer') that has submitted the attached Bid -
(2) He is fully informed respecting their preparation and contents
circumstances respecting such Bid;
or Agent) of
and of all pertinent
(3) Such Bid is genuine and is not a collusive of sham Bi
%w-
(4) Neither the said Proposer nor any of its officers,_pariners, owners, agNrep ves, employees,
or parties in interest, including this affidavit, has i y -way colluded, conspir d, connived o agreed, directly or
indirectly, with any other Proposer, firm or perso�o submit a collusive "wham Bid --in connection with the
Contract for which the attached Bid has been submittqrL_to or refiln from pr --
to in connection with such
Contract, or has in any collusion or commun cation or co)Wrence. rvitT any other Proposer, firm orperson to fix the
rice or rices in the attached Bid or o any other Proposer. -or to secure through an collusion, conspiracy,
P P .f Y_-- _=-- P g Y P Y,
connivance or unlawful agreement any advantage -against the -Cit or any person interested in the proposed
Contract; and, _ --_
(S) The price or pi
conspiracy, connivance, or
owners, employees, or parti
Signature of Authorized O z r
Printed Name_und- itle.ofAuthonYed Officer or Agent
SUBSCRIBED AND SWORNZQ BEFORE ME
THIS DAY 20
Notary Public
My Commission Expires
Date
it an piper and are not tainted by any collusion,
!e. Proposer or any of its agents, representatives,
,4_,
-D, C. G.A. § 36-91-21(d).
(SEAL)
EXHIBIT "E"
FINAL AFFIDAVIT
TO CITY OF MILTON, GEORGIA
I, , hereby certify that all suppliers of magnrials, equipment and service,
subcontractors, mechanics, and laborers employed by XffXXXX. or any of its: subcontractors in connection with
the construction of the M)CCOLff for the City have been paid and yatisfied infull as of
20 and that there are no outstanding obligations or claims of any kind jo the pay nt of which the City on
the above named project might be liable, or subject to, in any lawful proceedin o,111&quity.
Signature
Personally appeared before me this day 20
deposes and says that he is _ -Of t_ _ firm of
above statement and that to the best of his kno edelief same is an exact true statement.
_, who under oath
that he has read the
EXHIBIT "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 engaged in the physical performance of services on
behalf of the City has registered with, is authorized to use and uses the fe work authorization program
commonly known as E-Yer�, or any subsequent replacement program, ccordance 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 wohe
the contract period, and the undersigned contractor will contract for the ph
satisfaction of such contract only with subcontractors who I&Kent an affida
information required by O. C. G.A. § 13-10-91(b), a form of which OWhed hereto as
Contractor hereby attests that its federal work
are as follows.
Federal Work Authorization User
Date of Authorization
Name of Contractor
Signature of Authorized
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF 201
Notary Public
program throughout
nance of services in
contractor with the
authorization
(state).
(NOTARY SEAL]
My Commission Expires:
EXHIBIT "G"
STATE OF GEORGIA
CITY OF MILTON
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 coinnionly known as E -Verb, 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&se the federal work
authorization program throughout the contract period, and the undersigned �ubcontracioo %, ill 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 C.G.A. § 13-10-91(b). Additionally, the
undersigned subcontractor will forward notice of the receipt o idavit from a -sub -subcontractor to the
contractor within five business days of receipt. If the u rsigne contractor recea'yes notice -that a sub -
subcontractor has received an affidavit from any trac b -subcontractor, -the undersigned
subcontractor must forward, within five business of r a the notice to the contractor.
Subcontractor hereby attests that its federal wo thorizat user t tcati ember and date of
authorization are as follows: s
Federal Work Authorization User Identification
Date of Authorization
I
Name of Subcontract
Name of
Name AlWic Empl
1 hereby dec1a-rTTffZ7erpe_n1Wp'Jjjp that the foregoing is true and correct.
Executed on ' , 201_ in (city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF 201
Notary Public
[NOTARY SEAL]
My Commission Expires:
EXHIBIT "H"
SAVE Affidavit
By executing this affidavit under oath, and as an applicant for contract, a public benefit, as
referenced in O.C.G.A. § 50-36-1, from the City of Milton, the un de d applicant, acting on behalf of
, verifies one of the following with respect to my ap ion for a blit benefit:
1) 1 am a United States citizens
2) I am a legal permanent resident of the United Stdtes.�,
3) I am a qualified alien or non-immigrant under the Federal Immigration and ity Act with an
alien number issued by the Department q1' Homeland -Sec rity or of r deral immigration
agency.
My alien number issued b epartment of Homeland Secura other federal immigration
agency is:
The undersigned applicant also hereby verifies t e is 18 of age or older and has provided a copy of
at least one secure a erifiable m to t City, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affid
The secure and verifiable do t e ith affidavit can best be classified as:
In making the above
false, fictitious, or, fr
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF 20
NOTARYPUBLIC
My Commission Expires:
,aTTd that any person who knowingly and wildly makes a
in an affidavit shall be guilty of a violation of O. C. G.A. §
criminal statute.
(state).
Signature of Applicant
Printed Name of Applicant
EXHIBIT "I"
[RESERVED]
EXHIBIT "J"
KEYPERSONNEL
[Insert Key Personnel]
EXHIBIT "B"
BID FROM CONTRACTOR
[BIDDERS MUST RE, TURN THESE SHEETS NNITH BID RESPONSE)
Bid Submittal Form
Miscellaneous Bridge Repairs (2)
'the undersigned, as bidder, declares and represents that it has exarnined the site of the work and
informed himself/hersolf fully in regard to all conditions podaining to the place where the work
is to be performed, including, those conditions affecting, the cost of the work and the delivery,
handling and storage of materials and equipment. '.I'h.e, bidder has examined acrd read the Didding
Docuinent and has satisfied hirriself/hersolf that the Bidding Document is tin adeqW LO and
acceptable rotlection of the work wbieh is required to be performed and that the, bidder is willing
and able to Ilerfoini all of the work necessary. The bidder further certifies that no additional
information is required to complete the work- encompassed by this bid within the wst and
schedule established and agreed upon within this bidding document.
Hereby proposes and agrees, if this bid for the above named project is accepted to enter into 11 ,
contract to perfbnn all work necessary to the successful completion of the contract; and to supply
all required submittals as indicated or spocificil in the IT and the bid docurrionts to be
pi,rformed or ftanished by bidder for the for the total contract price of,
Total Base Bid Price (Lump Sum) S Ho
Print Dollar Amount kAve'rit" IL'oa5awid &ljitjel,,Jred
l ',
fl-ct� h" /""'o
COMPAINT Cngirregr.d RestgratiQrsj
AUTHORIZED SIGNATURE
PRINT /TYPE' NAME Phill oj.0�,r
PmlI ect Lq M
— —a n-§9 fe —r
7 111 a g e
EXHIBIT "C"
BONDS
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
Bond No. 0424267
KNOW ALL MEN BY THESE PRESENTS THAT Engineered Restorations, Inc. (as
CONTRACTOR, hereinafter referred to as the "Principal"), and Westfield Insurance Company (as
SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held
and firmly bound unto the City of Milton, Georgia (as O)NNER, hereinafter referred to as the
"City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
seventy thousand nine hundred ninety dollars ($70,990), 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 the of , 2013 which is incorporated
herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the
construction of a project known as Miscellaneous Bridge Repairs (2), (hereinafter referred to as
"the PROJECT").
NOW THEREFORE, the conditions of this obligation are as follows:
3. That if the Principal shall fully and completely perform each and all of the terms,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
amendments, changes, deletions, additions, and alterations thereto that may
hereafter be made, and if the Principal and the Contractor's Surety shall
indemnify and hold harmless the City from any and all losses, liability and
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the City may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements of the
Contract, including all modifications, amendments, changes, deletions, additions,
and alterations thereto and any warranties or guarantees required thereunder, then
this obligation shall be void; otherwise to remain in full force and effect;
4. 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 modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by
reason of any such modifications, omissions, additions, changes, and advance payments or
deferred payments. The Parties further expressly agree that any action on this Bond may 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
81
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys -in -fact, this day of , 201
Attest:
Title:
Date:7/�
Attest:
Marie M. Hartley
Date:
Eng' Restorations, Inc.
v
Title:DoN mLonx-,c_ f?/Lic
(Name of Contractor's Surety)
t%STORq�/
�N
Q•r•••
00,
Uj�' DVORALU
TF •:,Ltd'..
•
•� •
• - L•z
r
+i� ✓ r
:149 •� � � •• �
� Jj••. 19 .• �.�
GEO���� ``�•
Westfield Insurance Company
By:
Title: Gary Spuller, orney in Fact (SEAL)
(ATTACH SURETY'S POWER OF ATTORNEY)
82
General POWER NO. 1011352 14
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
P. D. YATES, JR., P. D. YATES, III, ALAN R. YATES, KEVIN M. NEIDERT, MICHAEL L. ANGEL, KAREN A.
MAYNARD, TAMARA HENDRIX, BETSY J. HOLMES, MARIE M. HARTLEY, MICHAEL S. BRICKNER, BRIAN K. HUGHES,
EMMETT H. HALL, DANIEL YATES, GARY SPULLER, DANA D. RUTLEDGE, JOINTLY OR SEVERALLY
of ATLANTA and State of GA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUS, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
sealpremises.the of the applicable Company and duly attested by itsointment is mace under and y Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
WESTF E D INSU ANCE COMPANY, WESTFIELD NATIIONALautf ygINSURANCE COMPANYeand OHIO FARMERS INSUANCEsolution adted b the Board f COMPANY Directors of each of the
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact, may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. '•
'Be r Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 28th day of SEPTEMBER A.D., 2008 .
Co rporate"" ��nNq ' •''" WESTFIELD INSURANCE COMPANY
Seals o..•• ..bC`�
?0 ....
err" WESTFIELD NATIONAL INSURANCE COMPANY
Affixed yr MI6. 'tip : O: �•'•
�r tia ;�,_ z: _ '• OHI FARMERS INSURANCE COMPANY
SEAL_
i tm o•
WWI
70
State of Ohio s� "i" """• ByDennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 28th day of SEPTEMBER A.D., 2008 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like or er.
Notarial
Seal
Affixed
• William J. Kahelin, Att6rney at Law, Notary Public
State of Ohio 0 o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
Count of Medina ss.: % A
Y k,�Tf of O•�rr
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
Witness Whereof, I
A. D.,
SUL\)X
have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
,•`P�1nNAC/tis'
ry,✓'
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SEAL84
I„
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BPOAC2 (combined) (06-02)
Frank A. Carrino, Secretary
PAYMENT BOND
CITY OF NHLTON, GEORGIA Bond No. 0424267
KNOW ALL MEN BY THESE PRESENTS THAT Engineered Restorations, Inc. (as
CONTRACTOR, hereinafter referred to as the "Principal"), and
Westfield Insurance Company (as SURETY COMPANY, hereinafter
referred to as the "CONTRACTOR'S SURETY"), are held and fumly bound unto the City of
Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of
any "Claimant," as hereinafter defined, in the sum of seventy thousand nine hundred ninety
($70,990), 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 "CONTRACT"), for the construction of a project
known as Miscellaneous Bridge Repairs (2) (hereinafter referred to as "the PROJECT').
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a Lien
against the property of the City affected by the Contract, the Contractor's Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contract.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers on
this day of 52013.
Engineered Restorations, Inc. °°4�S��OR II/Ili,
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Title:%�ti o4gc>/4:. AU-sz''o' eiS6`
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(Signatures Continued on Next Page)
Attest:
ZL��=
Title:
Date: ? P
Attest:
Marie M. Hartley
Date:
(Name of Contractor's Surety)
Westfield Insurance Company
B:
Title: Gary Spuller, orney in Fact (SEAL)
(ATTACH SURETY'S POWER OF ATTORNEY)
General POWER NO. 1011352 14
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
P. D. YATES, JR., P. D. YATES, III, ALAN R. YATES, KEVIN M. NEIDERT, MICHAEL L. ANGEL, KAREN A.
MAYNARD, TAMARA HENDRIX. BETSY J. HOLMES, MARIE M. HARTLEY, MICHAEL S. BRICKNER, BRIAN K. HUGHES,
EMMETT H. HALL, DANIEL YATES, GARY SPULLER, DANA D. RUTLEDGE, JOINTLY OR SEVERALLY
of ATLANTA and State of GA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY. MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
sealpof the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
WESTFIELD the SINSURAN. Said CEOCOMPANY, WESTFIELD intment is made under abynd autNATIIONALhorityygINSURANCE COMPANY and OHIO FAolution RMER Ithe NSURANCEBoard f COMPANY Directors of each of the
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorneyy-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 28th day of SEPTEMBER A.D., 2008 .
w.mlr ,u1Nu••I „ aa111
Corporat4R,
'"IjyM1y"�. .•NS�ONAC �' "uww WESTFIELD INSURANCE COMPANY
Seals• •.^!SG +1a WESTFIELD NATIONAL INSURANCE COMPANY
Affixed ra. +�pp IFOHIO FARMERS INSURANCE COMPANY
INS SEAL
i.,,•y�,�� _ 0:1848;-`
State of Ohio "'•""" •,� ByDennisP.P. B�tional Surety Leader and
County of Medina ss.: Senior Executive
On this 28th day of SEPTEMBER A.D., 2008 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like or er.
Notarial Nww,
Seal p1 A l S
Affixed .�P.
William J. Kahelin, A rney at Law, Notary Public
State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: X%4
�. tiTor Of
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
Fp'
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V%1�� =;;'o ;.1848::`•:f Frank A. Carrino, Secretary
.I,„,11 ••MIIIIIMI••
BPOAC2 (combined) (06-02)
EXHIBIT "D"
NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER
STATE OF GEORGIA
CITY OF NHLTON
Philip J. Bender , being first duly sworn, deposes and says that:
(1) He is Representative (Owner, Partner, Officer, Representative, or Agent) of
Engineered Restorations, 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.
(6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-2l(d).
--A-- /\",
ature of Authorized Officer or Agent
Philip J. Bender, Project Manager
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
THIS DAY OF 26J--3
otary Public
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Date
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86
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 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;
109469
I hereby declare under penalty of perjury that the
Federal Work Authorization User Identification
foregoing is true and correct. Lawrenceville
Number
Executed on July , _8, 2013_ in (city),
GA (state).
3/26/08
Date of Authorization
'
S' ature of Authorized Officer or Agent
Engineered Restorations, Inc.
Name of Contractor
Philip J. Bender, Project Manager
Printed Name and Title of Authorized Officer or
Miscellaneous Bridge Repairs (2)
Agent
Name of Project
City Milton
SUBSCRIBED AND SWORN BEFORE ME ON
of
Name of Public Employer
TH THE g DAY OF
201`
NOTARY PUBLIC ` ° • o
[NOTARY SEAL] si0
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EXHIBIT "F"
SUBCOINN'TPL&CTOR AFFIDAVIT
STATE OF GEORGIA
CITY OF A11111TON,
By executing this affidavit, the undersigned subcontractor -verifies its compliance with 0,C,G.A- § 13-10-91, stating J01""
affirmatively that the individual, firm or corporation which is engaged in the physical performiance of sendces under
a contract with Engineered Restorations, Inc. on behalf afthe City of Milton has registered with, is authorized to use
and use--, the federal work authori7.tion program commonly known as E—Veffy, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.QA. § 13-10-91.
Furthermore, the undersigned subcontractor will continue to use the iWeral work authorization program througi hout
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 foimvard notice
of the receipt of an affidavit fi-om a sub-subcontracroT to the contractor within five (5) business days of receipt. If
the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit frorr; any other
contracted sub -subcontractor, the undersigned subconLraztor must forward, within Eve (5) business drty,-,a of receipt, as
copy of the notice to the contractor.
Subcontractor ubcontractor hereby attests that its federal work auffiorivVion useridentification.-number and date of authonzAtion
are as follows:
& G -;0q8&-7 . . .. . ..... .......... f I hereby declare under penalty operjury that the
Federal Work Authorization Userldentification foregoing is true and correct. L
Number jA
Executed ou07 2013 in
07-oi - i! tsta 3
.. . . .. . ............................. . . . . ............... . .
Date, of Authori7Ation
Mame of Subcontractor
Miscellaneo-us 13fid&cJReLLJ
airs 2 Printed Name and Title of Authorized ffl,=or
Name of Project Agent
to
City of Milton SUBSC"ED Alf\40VORN BEFORE ME
Name ofFubHc Employer ON T' — DtAy OF
S.
C) TJ
K(3 ERY PUBLIC z
10�
[NOTARY SEAL,]
TY,
My Commission Expires:
HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA'
M I -tTON*k
ESTA BIJ Si1ED 2006
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: July 30, 2013
FROM: City Manager
AGENDA ITEM: Approval of a Construction Services Agreement between the City of
Milton and Strickland Pipeline and Construction, Inc. for "137 Bethany
Road, Storm Drain System Improvements."
MEETING DATE: Monday, August 5, 2013 Regular City Council Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: XAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: V YES () NO
CITY ATTORNEY REVIEW REQ CURED: k YES () NO
APPROVAL BYCITYATTORNEY APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: 0,3619-13
REMARKS *Pt
. ....... .... ........ - - ----- . ...............
youfm �� 'k Ccrsificd * ; opp700
PHONE: 67$.242.2500 I FAX: 678.242.2449 �� �����n �;� nF
Community L2.n
in#vC�cityo#miltonga.us www.cityo#miftanga.us „�,:., » ,::, „. �.,
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — CtRNFIeo aRonxe — h}
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Carter Lucas, Public Works Director
Date: Submitted on June 29, 2013 for the August 5, 2013 Regular Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the City of Milton and
Strickland Pipeline and Construction, Inc. for “137 Bethany Road, Storm Drain
System Improvements”.
____________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: This project generally consists of the removal/replacement of
approximately 12 feet of concrete pipe, installation of a new concrete headwall, shoulder and
slope repairs and associated erosion and sediment control.
The existing storm cross-drain pipe has become disconnected or broken and the road shoulder
and slope at this location has partially failed requiring the temporary, emergency placement of
loose fill dirt to help stabilize the shoulder and slope. Failure to perform these repairs at this
time would result in slope failure, road failure and would create a hazard to vehicular traffic.
In accordance with the city procurement procedures 3 written bids were solicited to secure
a qualified contractor to complete this project. Strickland Pipeline and Construction, Inc.
was determined to be the lowest reliable bidder. Staff is recommending approval of a
Construction Services Agreement with Strickland Pipeline and Construction, Inc. in the
amount of $8,300.00.
Table 1. Bid Summary
Firm Bid
Strickland Pipeline/Construction $8,300
Blount Construction, Inc. $16,170
Cook Construction, Inc. Withdrew Bid
TriScapes, Inc. No Bid
Page 2 of 2
Funding and Fiscal Impact: Funding for this project is available in the Public Works
Storm Drainage Repair budget in the Public Works Department.
Alternatives: There are no alternatives to this project.
Legal Review: Jarrard & Davis, LLP – Paul Higbee, 4/15/2013
Concurrent Review:
Chris Lagerbloom, City Manager
Attachment(s):
Construction Services Agreement
HOME OPTffBEST QkAUWOF;fEi GE2�RiA'
MILTO.
ESTA BLI S1 ED 7006
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
13172 BETHANY ROAD, STORM DRAIN SYSTEM IMPROVEMENTS
This 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 Strickland
Pipeline and Construction, Inc. (hereinafter referred to as the "Contractor") having its principal place of business at
125 Equest Drive, Canton, Georgia 30115.
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 -SCOPE OF WORK;
EXHIBIT B -INSURANCE CERTFICATE;
EXHIBIT &CONTRACTOR AFFIDAVIT AND AGREEMENT;
EXHIBIT D -SUBCONTRACTOR AFFIDAVIT (IF NECESSARY)];
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: Contractor shall provide all Work described in the Contract Documents. 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. 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 removal/replacement of an existing storm
drain, installation of a new headwall, installation of new outlet protection, and road shoulder
improvements at 13172 Bethany Road. The contractor is responsible for all erosion and sediment control
measures and for re -shaping the shoulders and slopes.
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 or before a date to be specified on a written "Notice to
Proceed" from the City, and shall fully complete the Work within 10 business 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 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 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 $8,300 (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 b. 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 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 tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor 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 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 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 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 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: Christy Strickland shall be authorized to act on Contractor's behalf with respect to
the Work as Contractor's designated representative.
2
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 subcontractors,
consultants, and/or staff to likewise protect such confidential information.
I. Meetinszs: 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. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing
within one year from the date of completion of the Work at no additional cost to the City.
Section 8. 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. Employment of Unauthorized_ Aliens Prohibited:
(1) E -Verify Affidavit
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
"C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn
under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that
it and 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 "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
(IRCA), P.L. 99-503, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02.
3
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.
:L/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. 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
4
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.
Signa
Title:
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Printed Name:
5
EXHIBIT "A"
Scope of Work
General Description of Proiect Scope_ Contractor to bid on the following scope. Contractor is
required to visit the site prior to submitting bid to confirm scope. Contractor is responsible for utility
locates and coordination of work with all impacted utilities. Performance bonds and payment bonds
are required for this project.
The general scope of work will consist of "re -setting" an existing stormwater drainage pipe, installation
of a new headwall with erosion control at 13172 Bethany Road.
1. Remove roadway fill in order to access drainage pipe.
2. Reset alignment of existing concrete pipe, place and backfill slopes.
3. Place new concrete headwalllwingwall at downstream end of pipe.
4. Add concrete headwall to end of RCP.
5. Add rip -rap plunge pool.
6. Smooth grades, grass and mulch disturbed area.
7. Provide appropriate erosion and sedimet control measures during construction.
EXHIBIT "B"
Insurance Certificate
EXHIBIT "C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating
affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on
behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program
commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue
to use the federal work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with subcontractors who
present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b).
Contractor hereby attests that its federal
authorization are as follo s:
_55n_50V_
Federal Work Authoriza ion User Identification
Number
"?, J 'Z'
Date of Authorization
Name of Contractor
13172 BETHANY ROAD, STORM DRAIN
SYSTEM IMPROVEMENTS
Name of Project
City of Milton
Name of Public Employer
work authorization user identification number and date of
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Ems; uted on ,�� ��J�, 20 ! � ir��{�]�lg�j,
r��f�l.r�
Signature of AfrfhjptF�ze�dy �Officer or Agent
Printed Name add Title of Authorized Offi er or
Agent
SUBSCRIBE�1 D SWORN BEFORE ME ON
THIS THE DAY OF
'201A,.
d
N AR PUBLIC. o
[NOTARY SEAL] z
r
r ��t1',. G i
•+��C'f •�►�ti.
My CommissioifFxl2iree: a►►►
K08677050
PERFORMANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Strickland Pipeline and
Construction, hic, (as CONTRACTOR, hereinafter referred to as the "Principal"), and
Westchester Fire Insurance Company
(as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are
held and firmly hound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as
the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of
eight thousand three hundred and No/100's ($$,300.00) , lawful money of the United States
of America, for the payment of which the Principal and the Contractor's Surety bind themselves,
their heirs, executors, adnvnistrators, 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 the . of -,9, hicl, is incorporated
herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the
construction of a project known as 13172 Bethany Road, Storm Drain System
Improvements (hereinafter referred to as "the PROJECT').
NOW THEREFORE, the conditions of this obligation are as follows:
1. That if the Principal shall fully and completely perform each and all of the tenns,
provisions and requirements of the Contract, including and during the period of
any warranties or guarantees required thereunder, and all modifications,
amendments, changes, deletions, additions, and alterations thereto that may
hereafter be made, and if the Principal and the Contractor's Surety shall
indemnify and hold harmless the City from any and all losses, liability and
damages, claims, judgments, liens, costs and fees of every description, including
but not limited to, any damages for delay, which the City may incur, sustain or
suffer by reason of the failure or default on the part of the Principal in the
performance of any and all of the terms, provisions and requirements of the
Contract, including all modifications, amendments, changes, deletions, additions,
and alterations thereto and any warranties or guarantees required thereunder, then
this obligation shall be void; otherwise to remain in full force and effect;
2. In the event of a failure of performance of the Contract by the Principal, which
shall include, but not be limited to, any breach of default of the Contract:
a. The Contractor's Surety shall continence 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 modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this Bond shall not be impaired in any manner by
reason of any such modifications, omissions, additions, changes, and advance payments or
deferred payments. The Parties further expressly agree that any action on this Bond may 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
32
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorney-in-fact, this day of
Strickland Pipeline and Construction, Inc.
By:
—a/Z=g�C?_
Title:_
Attes .
Title:
Date: 1. 2 7. L5
Westchester Fire Insurance Company
(Name of Contractor's Surety)
By:
Title: Marvala Erinkitola, Attorney -In -Fac SEAL]
Attest:
�- John D Pat ttorne- act
Date:
(ATTACH SURETY'S POWER OF ATTORNEY)
33
K08677050
PAYMENT BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY THESE PRESENTS THAT Strickland Pipeline and Construction, Inc.
(as CONTRACTOR, hereinafter referred to as the "Principal"), and
Westchester Fire Insurance Company (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
any "Claimant," as hereinafter defined, in the sum of - eight thousand three hundred and No/ 100's
($8,300.00) lawful money of the United States of America, for the payment of which the
Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written
agreement with the City, dated J4 QJ ,-0hich is incorporated herein by reference in
its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project
known as 13172 Bethany Road, Storm Drain System Improvements (hereinafter referred to
as "the PROJECT'),
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
28
use in the performance of the Contract, without regard to whether such labor, services or
materials were sold, leased or rented, and without regard to whether such Claimant is or is not in
privity of the Contract with the Principal or any Subcontractor performing Work on the Project.
In the event of any claim made by the Claimant against the City, or the filing of a Lien
against the property of the City affected by the Contract, the Contractor's Surety shall either
settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in
the Contrast.
The Parties further expressly agree that any action on this Bond may be brought within
the time allowed by Georgia law for snit 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 11 day of G , 201.
Strickland Pipeline and Construction, Inc.
lg
WAWA
tVA
i
-.
(Signatures Continued on Next Page)
Atte
Title:
Bate:
Westchester Fire Insurance Company
(Nantt of Contractor's Surety-)
Ey
Titlu3Aarvala Erinkitola, Attorney-In-F
VEAL)
Attest:
John D P , Attorney- n -Fact
(ATTACH SURETY'S POWER OF A i-'DRNEY)
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all min by these presents: That WESTCHESTER ER FIRE INSURANCE COMPANY, a corporation of -the Commonwealth ol• Pennsylvania pursuant to the
following Re.siylulion. adopicd by the Board o1' Directors of the said Company on December 11, 2006, to wit:
RE'S(]I.V FIR that the iolloxtng aulhorimtions relate to the c "v4on• for and on behalf of the Cornpmv. of hands• underlgLtngs; rp�ugntrmtices. contracts :rod other a rtapa commitmcrirx of dre C'otatpam•
ciueted into dt@course uF.busiFIM (eav']t a'Wniten C'omtnimiedt[''1' .
i l7 E_ ca uI die Chairman; the Pmicllvrif and the Vice Presidorits. or the Company is hereby nuthonzad to cxrcutc any Mitten C otmm11menl foF Arid on b"f of Ili COrnparry • wider the seal of the Company or
odienuse
(2) F:Ali duty. appointed attorirey-in-fuel of. the Compwi v is hereby authorized to e%9Cute MF Wallet Cwnnytment lor and on behalf oldie C ompam, ;miler the• . at of the [bnpmn ni odiarx Be. m the uslent Thal
cath ac.unb is m ci*jori ak) the goal of pdtsem prortded.tor in such persons unuen appointment m sw:h attomec-in-fact
{t] Each ordia Chajunmr.1hc Pxsrdatl and the V iw Presidents of the Company is hereby utidiowud. fof and on behalf of the C'oinpanv. to appbinl in %Vriung ;ly perswt the auurney-in-F[cl orthe Congtiuty t.rth
full pslneF N[rd atilhanp• to execute. Cof acid on behalf of the Company. tuuleF Ute soul of Np C'ompany or otharwise. such Written.Conmlitrams urlhe Uompwy as ma. bt sPOO f.d in such nrnttat
appdiofnrwtit hiell4eciIII catioll miry W. hi• gens vil lvpr- or lass u1 Written Caronumients or br% spueif talion of cine or more piroeiJi r Wniten Commil nxnts. . .
(4) Fach of ilie Ch i4Yimn• the President and Vice Presidents of the Coarpany in hereby atithon zed. for and on behalf orthe Compam. to deleN;Le in wrili ng any ether uf]'icei oi'the Camp any the and rotlty to
acwtae, for and on bebal l'of the C'ompnn% . under the Cornpwiv, 5 seal Of 01herivi W. such Written Commi[merits of the Company as are speer lied in such %%ri non del egmi tui• x NO specificanon snap be by
general type or class. OF W'nitea f:vmi annteats or br,spec i hwtion ol'one or mom peau culw Written C'ommilnums.
(5) The sirntature:iur any ❑[Titer are uthr.i pegs e`ectltlog am Wrilten C'ornnnMrnm or uppurilmeot or dehVati on pursuant to this Ramol inion_ and the seal of thi! Compam, maybe aMiwd be f acsimde on such
N'ri tion C-Voilrncoa pr H is nen vpp ntmem or delagaiiwr
F U RTIIFIt RE${ V Ep- dial the J'w egoi ng Kew. olmon shall nul bc- deemed to be mi. etehrstve slaleinom of the poxrrs and authority 0Foirlceis, ornployeee grid other parsons to act OF nerd on behul l" Or ah
C'esnpany, and such Resol mi on shall not limit or othenu 5G Ali Cil the exetceae cit' am such pomar or authunrr otherwise rulidty granted or rested.
Does herby nominate, constitlaw and appoint JOh.n D Potts, Lisa Elaine Potts, Marvaia Erinkitola, Robert M Potts, all of:thre City of WOQDS.TOCKC Georgia, each
lndividuully.if there b7e,more than onc. named, its true and lawful attorney-in-fact, to make, execute, sea] and deliver on its behalf• and as its act and died any and all
tionds, i eidc;takin s rdcogrliinnccs: cohtrwts and other �,rrilings in the nature thereof in penalties not exceeding Three million do]iars &.-zero cents ($3 000,0(x).00) and
thi cx&uti G.6 of such twitirig,s in ptJrsuatice of these presents shall be as binding upon said Coltipany, as fully and amply as ifthey had ]teen duly execute[] and
acknowlcdged.b} [he regularly elected officers oflhe Company at its principal office,
IR WITNESS WHEREOF; the said Stephen M. Haney,. Vice -President, has hereunto subscribed his name and atTiixed the Cc rporaw. seal 0 f1he said N'FSPC.HESTE R
".Alk[ IMURANCE CON1PANV this 3U day of January 2012.
WESTCHESTER FIRE INSURANCE COAIPANY
�� p' J SEephcn. M Fiststcy r Yftt Frcsidm T
COMMONWEALTH OF PENNSYLVANIA
COUNT`( OF PHILADELPHIA ss.
On this 30.day o1•lanuary, AD. 2012 before me, a Notary Public of the Commonwealth of Pelinsylvan ai'in and.Iiir tlic County of Philadelphia "LlTle Stephen
M 1 Taney ,Viet -President tsfthe l F.ST[:III•:Sl'rI1 FIRE INSURANCE COMPAN %' to me personalty kndwlt to be the.indivtdet ll and officer tvho e -'routed the
preceding instroment, and he ackn.ow1ledg.ed that ire executed the same, and that the seal afllixed to the procedin€ In$trultteht Is the Corporate seal of SoCld 061palty; that
the said corporate sea] And his signature were duly atiixed by the authority and direction ol'the said corporation. and .that:Re501uticstl, adopted by the Board ol' Direclors
of said Company, referre}i to in the }?receding instFUment, Is noty in l•orce.
IN TESTIMONY Wl l FR1•:Ol'• I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first jtbbve wrilteri.
:rte—,.irer
¢J�•� ��'�','COFIiadFlWfrltLTli W•lCJN4iYLYa1WF .
a.ya fAREN EBRIiF* tiudr�
Gnwr�wrl
�}E P'hk
1. the undersipgA Ass iZou Secretary of the W FST IIESTLIt FIRE INSURANCE COMPANY, do heroby certify that:the tlrigirial POWER.OF AT I-ORNEY. of
which the I'pregnilig is a substantially true anti coi-tett cop}. is in lull 1-orce and effect.
In witness tOerctil; I htlyc her6nto: subscribed my name as Assistant Secretary.; and affixed the corporate seal oft he Corporation, this day of
F: ■ ---_•+vtll:rrtl i. 1Sxl:y. iltrlwlnt ncrecurY�
'14115 POW -IX OF ATTORisfEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION [YATE.AFFE:R Janua.Fy *0014% .
E THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURfTY FEATURES N THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0
0
HOME OE `firm BES -1 C�'Jf. " OF LIFE IN GEORGIA'
MILTON*kl
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 26, 2013
FROM: City Manager
AGENDA ITEM: Consideration of RZ13-13 — Manor Bridge Road (South Side) and Hamby
Road (Northeast Side) by Westminister Place, LLC to Rezone from AG -1
(Agricultural) to CUP (Community Unit Plan) to Develop 59 Single Family
One (1) Acre Lots.
MEETING DATE: Monday, August 5, 2013 Regular City Council Meeting.
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: KAPPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES )(NO
CITY ATTORNEY REVIEW REQUIRED: () YES ANO
APPROVAL BYCITYATTORNEY () APPROVED {) NOTAPPROVED
PLA CED ON AGENDA FOR: b 5 3
REMARKS
Tb W. n ria ee a &J .
NE[IIrW :. * �CRkF1CI�
PHONE: 678.242.2500 FAX: 67$.24 .2494 �.ireee
, community �,,�; # IuP,,300
infoi9cltyofmlltonga.us I www.cltyofmiltonga.us .0 :, M��. «. , r
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - CE RTIF�,D BRONZE - �''�
Westminster Place, LLC
July 11, 2013
Robyn MacDonald
City of Milton
13000 Deerfield Parkway
Suite 107C
Milton GA 30004
Re: RZ13-13
Dear Robyn:
Please let this letter serve as written confirmation of Westminster Place, LLC to withdraw the
above -referenced zoning. During this process, a potential purchaser has come and asked us to
withdraw this application while they contemplate their approach to the project and the
neighboring community. As a result of this request, we wish to withdraw the case without
prejudice and without moving to the planning commission and subsequent council. Granting this
request allows the interested purchaser to move forward without the distraction of any of the
issues we have been working through over the last several months.
We are aware that the application fee will not be refunded and any change to the current zoning
of the subject property will require a new filing with the city and starting the process again.
Thank you for your willingness to work with us on this. Please advise if you will need additional
information.
Sincerely,
cv--I�r
Corbitt Woods
on behalf of Westminster Place, LLC
&V
NOME OF 'THE BEST QUALITY OF LIFE 1N GEORGIA'
MItTON,
TO: City Council
ESTA BLI S I i E 1) 2000
CITY COUNCIL AGENDA ITEM
DATE: July 26, 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, August 5, 2013 Regular City Council Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
Cl TY A TTORNEY APPROVAL REQUIRED: (} YES 0 NO
C1 TY A TTORNFY REVIEW REQUIRED: (} YES V) NO
APPROVAL BY CITY ATTORNEY (YAPPRO VED () NOT APPRO VED
PLACED ON AGENDA FOR:
REMARKS
p > 0- 13
"til "� ropioa
PHONE: 578.242.25001 FAX: 678.242.2494 > * c���of
Communitl een *Cmirwd*
y
info@cityofmlltonga.us I www.cityofmiltongmus �► Qa,�„� d. .m,
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- CPRTff'ED anovZz — IF
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
HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA'
1m-itTON*
E 5'1`A B L IS H ED 2006
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: July31, 2013
FROM: City Manager
AGENDA ITEM: Consideration of a Professional Services Agreement between the City of
Milton and Joseph D. Young, P.C. for Assistance with the Design of a
Proposed Opportunity Zone within the City.
MEETING DATE: Monday, August 5, 2013 Regular City Council Meeting,
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED; YES (} NO
CITY ATTORNEY REVIEW REQUIRED: �) YES (} NO
APPROVAL BY CITY ATTORNEY h APPROVED (} NOT APPROVED
PLACED ON AGENDA FOR:
n�4s1�
REMARKS
PHONE: 678.242.2500 FAX: 678.242.2499 E -Green -� *��rtlf,�,* T9p •Q�
MEMO ° Commun.-so,
ty ' �«, 0
info@cityofmiitonga.us I www.cilyofm€itonga.us �, lhh. ,
13000 Deerfield Parkway, Suite 107 1 Minton GA 30004 - GEH71FIEn BRONZE o
Page 1 of 2
To: Honorable Mayor and City Council Members
From: William O’Connor, Economic Development Manager
Date: Submitted on July 16, 2013 for the August 5, 2013 Regular Council Meeting
Agenda Item: Consideration of a Professional Services Agreement between the City of Milton
and Joseph D. Young, P.C. for Assistance with the Design of a Proposed
Opportunity Zone within the City.
____________________________________________________________________________
Department Recommendation:
To approve the Professional Services Agreement.
Executive Summary:
Opportunity Zone Program Description: Local governments which undertake redevelopment
and revitalization efforts in certain older commercial and industrial areas can now qualify those
areas for the State’s maximum job tax credit of $3,500 per job. The incentive, which is available
for new or existing businesses that create two or more jobs, is a Job Tax Credit which can be
taken against the business’s Georgia income tax liability and payroll withholding tax. The credit
is available for areas designated by DCA and Georgia Economic Development as an
“Opportunity Zone”. DCA will consider designations for areas that are within or adjacent to a
census block group with 15% or greater poverty where an enterprise zone or urban re-
development plan exists.
After meeting with Georgia House Speaker Pro Tempore, Jan Jones, it was determined that the
Highway 9/Deerfield corridor qualifies as a Milton Opportunity Zone.
Joseph Young, Esq., has extensive experience in Georgia government legislation. He aided in
the development of the Opportunity Zone legislation and it is for this expertise that the Economic
Development Department is requesting council approve this agreement.
Funding and Fiscal Impact:
$3,500 per month for six months, not to exceed $21,000. (FY2013 - $7,000; FY2014 - $14,000)
Alternatives:
Do not approve.
Page 2 of 2
Legal Review:
Paul Higbee – July 8, 2013
Concurrent Review:
Chris Lagerbloom, City Manager
Attachment(s):
Professional Services Agreement
1
PROFESSIONAL SERVICES AGREEMENT
LEGAL SERVICES - OPPORTUNITY ZONE
This Agreement made and entered into this _____ day of _____________, in the year 2013, by and
between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principal place of
business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Joseph D. Young, P.C. (“Consultant”)
having its principal place of business at 1266 West Paces Ferry Road, #167, Atlanta, GA 30327-2306 .
WHEREAS, the City of Milton will require certain professional public works services beginning on
August 1, 2013; and
WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts
of $30,000.00 or less; and
WHEREAS, the City has determined that this Agreement constitutes such professional services;
NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties
agree as follows:
1.0 Scope of Work; Compensation
1.1 The Consultant agrees to provide all Services specified herein and in Exhibit “A,” attached hereto and
incorporated herein by reference. No payments will be made for unauthorized work. Invoices should be
submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to
the designated address by U. S. Mail only; payment will not be hand-delivered.
1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the
City’s certification that the services were actually performed and costs actually incurred in accordance with this
Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be
paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work,
setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus
charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a
flat fee of $3,500 per month until January 31, 2014 not to exceed $21,000.
Task 1- Preparation of documentation required by the Opportunity Zone statutes and regulations.
Task 2- Design of a proposed Opportunity Zone within the City.
Task 3- Preparation of application for Opportunity Zone.
Task 4- Liaison with public officials interested in the advancement of the Opportunity Zone application.
2
Task 5 – Interaction with representatives of the Department of Community Affairs and Department of
Economic Development in the negotiations and approval process.
1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees
that in the event it cannot perform the Work within the budgetary limitations established without disregarding
sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City.
1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by
altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change
orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any
necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the
terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as
determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the
Consultant shall proceed with the changed work.
1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the
applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant.
1.6 The City Manager has authority to execute without further action of the Milton City Council, any
number of change orders so long as their total effect does not materially alter the terms of this Agreement or
materially increase the total amount to be paid under this Agreement. Any such change orders materially
altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of
$10,000, must be approved by resolution of the Milton City Council.
2.0 Independent Contractor
2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or
representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all
permits, license or approvals that may be necessary for the performance of the services.
2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has
the authority to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not
to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to
do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose
stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the
Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent
of the City.
3.0 Indemnification
The Consultant covenants and agrees to take and assume all responsibility for the services rendered in
connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly
resulting to it on account of the performance or character of t he 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, l iability,
judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result
of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or
operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or
3
sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether
or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this provision. In any and all claims against the C ity or
any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or
indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-
consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or for the
Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or
other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents,
employees and volunteers shall survive termination of this Agreement.
4.0 Insurance
(1) Requirements:
The Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work by the
Consultant, its agents, representatives, employees or sub-consultants. All policies shall be
subject to approval by the City Attorney to form and content. These requirements are
subject to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance:
Consultant shall maintain limits no less than:
(a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for
bodily and personal injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000
combined single limit per occurrence for bodily and personal injury, sickness, disease or
death, injury to or destruction of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of professional services
caused by the Consultant's errors, omissions, or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and employers
Liability limits of $1,000,000 per accident.
(3) Deductibles and 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:
4
(a) General Liability and Automobile Liability Coverage.
(i) The City, its officials, employees, agents and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf of
the Consultant; products and completed operations of the Consultant; premises
owned, leased, or used by the Consultant; automobiles owned, leased, hired, or
borrowed by the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officials, employees, agents or
volunteers.
(ii) The Consultant's insurance coverage shall be primary noncontributing insurance
as respects to any other insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be excess of
the Consultant's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees, agents or volunteers.
(iv) Coverage shall state that the Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable
in addition to policy limits. There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City, its officials,
employees, agents and volunteers for losses arising from work performed by the
Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized representative of
the insurer.
(b) Workers' Compensation Coverage.
The insurer will agree to waive all rights of subrogation against the City, its officials, employees,
agents and volunteers for losses arising from work performed by the Consultant for the City.
(c) All Coverages.
(i) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits except after thirty (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 4 of this Agreement.
5
(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:
Consultant shall furnish the City with certificates of insurance and endorsements to the policies
evidencing coverage required by this clause prior to the start of work. The certificates of
insurance and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be
on a form utilized by Consultant's insurer in its normal course of business and shall be received
and approved by the City prior to execution of this Agreement by the City. The City reserves the
right to require complete, certified copies of all required insurance policies, at any time. The
Consultant shall provide proof that any expiring coverage has been renewed or replaced at least
two (2) weeks prior to the expiration of the coverage.
(7) Sub-consultants:
Consultant shall include all sub-consultants as insured under its policies or shall furnish separate
certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be
subject to all of the requirements stated in this Agreement, including but not limited to naming
the parties as additional insured.
(8) Claims-Made Policies:
Consultant shall extend any claims-made insurance policy for at least six (6) 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.
5.0 Term; Termination
The term of this Agreement shall be from August1, 2013 and shall terminate absolutely and without further
obligation on the part of the City on January 31, 2014, provided that this Agreement, absent written notice of
non-renewal provided by the City to Consultant at least thirty (30) days prior to January 31, 2014. Except as
otherwise provided for in Exhibit “A”, the City may terminate this Agreement upon a breach of any provision
of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15)
days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or
other personal property shall remain in the Consultant until fully paid by the City.
6
6.0 Compliance with All Laws and Licenses
The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The
Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its
performance under this Agreement.
7.0 Assignment
The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of
Milton’s prior written consent.
8.0 Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized
representatives of the parties.
9.0 Expertise of Consultant
Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that
the City’s intention and purpose in entering into this Agreem ent is to engage an entity with the requisite
capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and
competent completion of the Work undertaken by Consultant under this Agreement.
10.0 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Georgia.
11.0 Interpretation of Documents
In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions
most favorable to the City shall govern.
12.0 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter
contained herein; all prior agreements, representations, statements, negotiations, and undertakings are
suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained
herein.
13.0 Waiver of Agreement
The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be
construed as a general waiver of any future breach or default.
14.0 Sovereign Immunity
Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any
individual’s qualified good faith or official immunities.
15.0 Notices
7
All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be
deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the
postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual
delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless
a substitute address shall first be furnished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Joseph D. Young, P.C.
1266 West Paces Ferry Road, #167
Atlanta, GA 30327-2306-
16.0 No Personal Liability
No member, official or employee of the City shall be personally liable to the Consultant or any successor in
interest in the event of any default or breach by the City or for any amount which may become due to the
Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s
performance of services under this Agreement shall not subject Consultant’s individual employees, officers or
directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit
shall be directed and/or asserted only against Consultant or the City, respectively, and not against any
employee, officer, director, or elected or appointed official.
18.0 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 hereto have caused this Agreement to be d uly executed by their duly
authorized officers as of the day and year set forth next to each signature.
[SIGNATURES ON THE FOLLOWING PAGE]
8
Joseph D. Young, P.C.
___________________________________ Signature
_______________________________________________
Print Name
_______________________________________________
Title
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
_____________________________
Witness (Corporate Secretary should attest)
_______________________________________
Print Name
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
__________________
MILTON CITY COUNCIL:
Joe Lockwood, Mayor
___________________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
In the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
__________________
9
EXHIBIT “A”
Joseph D. Young, P.C.
4150 Brookview Drive
Atlanta, Georgia 30339
joseph.young@peachgov.com
404.375.7846
June 26, 2013
Mr. William O’Connor
Economic Development Manager
City of Milton
13000 Deerfield Parkway, Suite 107A
Milton, GA 30009
Re: Legal Services Proposal – Opportunity Zone
Dear Bill:
Thank you for the opportunity to make a proposal for additional legal services to the City
of Milton (the “City”) in preparation and advancement of an application for Opportunity Zone
status for portions of the City.
I propose to provide the following services relating to an Opportunity Zone application,
through my professional corporation, in concert with the City staff and with the assistance of my
related entity, Peachtree Government Affairs, LLC:
Assistance with preparation of documentation required by the Opportunity Zone statutes
and regulations
Assistance with design of a proposed Opportunity Zone within the City
Assistance in preparation of the application for the Opportunity Zone
Liaison with public officials interested in the advancement of the Opportunity Zone
application
Interaction with representatives of the Department of Community Affairs and Department
of Economic Development in the negotiation and approval process.
I propose to provide the above services on the following terms: Commencing on July 1,
2013 and terminating December 31, 2013, unless extended by the City, at a flat fee of $3,500 per
month. The fee provided for will cover all ordinary travel and expenses. No extraordinary
expenses will be incurred or billed unless specifically approved by the City in advance. It is
expressly understood that the contract will be terminable at will by the City, acting by or through
any authorized agent and at its convenience, with the City thereafter responsible only for a pro
rata fee for any part of any month of the term in which month the contract is terminated. Fees
for this project would be billed on the last day of the month in which the fee is incurred.
City of Milton
June 26, 2013
Page Two
Invoices are payable on receipt and prompt payment is appreciated, but it is not my practice to
charge any interest or late fees on delayed payments.
I appreciate the opportunity to make this proposal to work with the City, and look
forward to your response. If the proposed terms are acceptable, please execute this agreement on
the signature line below.
Sincerely yours,
Joseph D. Young, Esq.
I have read the above proposal and agree and accept the terms and conditions set forth
therein on behalf of the City of Milton, Georgia.
Date: ___________________ By: ______________________________________
Its: ______________________________________
HOME OF 'T;FgEST Ql1ALITY OF LIFE IN GEORGIA'
M1 LTON'*
TO: City Council
ESTASL[SHED 2006
CITY COUNCIL AGENDA ITEM
DATE: July 31, 2013
FROM: City Manager
AGENDA ITEM: Construction of the Approval of an Addendum to the Original SafeBuilt
Georgia, Inc. 2010 Contract.
MEETING DATE: Monday, August 51 2013 Regular City Council Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL B Y C1 TY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: 9. YES () NO
CITY ATTORNEY REVIEW REQUIRED: (YYES () NO
APPROVAL BY CITY ATTORNEY V APPRO VED { } NOT APPROVED
PLACED ON AGENDA FOR: 3
REMARKS
11.4 Your_
PHONE: 678.242.2500 1 FAX; 678.242.2499
ree n ; Artie r
infoOcifyofmiltonga.us I wwwxilyofmiRonga.us Communi#y ether, i
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - `"""'E° "R°""
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, City Manager
Date: Submitted on July 26, 2013 for the August 5, 2013 Regular Council Meeting
Agenda Item: Consideration of the Approval of an Addendum to the Original Safe Built
Georgia, Inc. 2010 Contract.
____________________________________________________________________________
Department Recommendation:
Approval of the Safe Built of Georgia, Inc. contract addendum.
Executive Summary:
New Fee Structure: Currently, SAFEbuilt receives 70% of permit revenues regardless of the
amount of total permit fees collected. The new fee structure will allow the city of Milton to
collect an additional 5% of the revenue after invoiced amounts are greater than $750,000.
Personnel: In addition to the new fee structure, SAFEbuilt has agreed to provide the city of
Milton one FTE permit technician position to fulfill front counter duties included in the percent
of fees agreement. Upon request of the community development director, SAFEbuilt will also
provide an administrative support or permit technician to fulfill other duties in addition to
counter duties.
Funding and Fiscal Impact:
The city of Milton has the potential to collect more revenues which will be put into the General
Fund.
Alternatives:
Do not approve
Legal Review:
Ken Jarrard – Jarrard & Davis (July 30, 2013)
SAFEbuilt Staff Memo
Page 2 of 2
Concurrent Review:
Chris Lagerbloom, City ManagerA
Attachment(s):
Addendum
SAFFbu'llt,
ADDENDUM TO
Professional Services Agreement generally described as City of Milton Building Plan Review and Inspection Services
(RFP 10 -CD2) effective the 20`h day of December, 2010 between Safe Built Georgia, Inc., ("Consultant"), and the City
of Milton, Georgia, a Georgia municipal corporation, ("City").
Exhibit B: Fee Structure for Plan Review and Inspection Services is hereby amended as follows:
Rate and Service Structure
The following fee structure will apply:
October 0111 to September 3e of any given year for invoiced amounts less than or equal to $750,000.
Fee Structure for Plan Review
Provide fee as a percentage of City's collected plan review fee of a first time review and one re -review.
This fee should include all costs as necessary.
70 Percentage (%) of City's collected plan review fee
*Fire plan reviews will be billed at 90% of the City's collected fire plan review fees.
Fee Structure for Inspections
Provide fee as a percentage of the City's collected base permit fee.
70 Percentage (%) of City's collected base permit fee
The following fee structure will apply:
October 01St to September 3011' of any given year for invoiced amounts greater than $750,000.
Fee Structure for Plan Review
Provide fee as a percentage of City's collected plan review fee of a first time review and one re -review.
This fee should include all costs as necessary.
65 Percentage (%) of City's collected plan review fee
*Fire plan reviews will be billed at 85% of the City's collected fire plan review fees.
Fee Structure for Inspections
Provide fee as a percentage of the City's collected base permit fee.
65 Percentage (%) of City's collected base permit fee
Fee structure is based on City Fee Schedule
Supplemental Costs
Fee Structure for Personnel in Emergency Response or other Non -Routine Requests
PERSONNEL CLASSIFICATION
All Inclusive -Hourly Rate
Certified Building Inspector
$ 75.00
Certified Building Official
$115.00
Certified Plan Reviewer
$100.00
Alternate/Additional Services
Front Counter Support — SAFEbuilt will provide one FTE Permit Technician position to fulfill front counter
duties included in the percent of fees agreement.
In addition upon request of the community development director, SAFEbuilt will provide an administrative
support or permit technician position to fulfill front counter duties. This position would be available for other
duties as assigned by the community development director when not fulfilling front counter responsibilities.
Based on current activity levels, we estimate the city would need one FTE.
2010/2011 Hourly Rate: $30
Investigative Services/Property Assessment — SAFEbuilt will bill all investigative cases at $75/hour, regardless
of the classification of the employee performing the investigation.
CITY OF MILTON PSA ADDENDUM PAGE 1 OF 2
The original agreement, exhibits and terms shall remain in effect.
The City and the Consultant have executed this Agreement Addendum effective
City of Milton, Georgia Safe Built Georgia, Inc.
Signature Signature
Name: Name: David Thomsen
Title: Title: Vice President SAFEbuilt
Date:
Date: July 24, 2013
CITY of MILTON PSA ADDENDUM PAGE 2 OF 2
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FO R THE EXTRATERRITORIAL PROVISION OF SEWER SERVICE
BY FULTON COUNTY TO CERTAIN PROPERTY
LOCATED WITHIN THE CITY OF MILTON
This AMENDED INTERGOVERNMENTAL AGREEMENT, by and between the CITY
OF MILTON, GEORGIA, a political subdivision of the State of Georgia acting by and through
its City Council (“CITY OF MILTON”), and FULTON COUNTY, GEORGIA, a political
subdivision of the State of Georgia acting by and through its Board of Commissioners
(“FULTON COUNTY”), with FULTON COUNTY and CITY OF MILTON hereinafter referred
to as the “Parties,” granting FULTON COUNTY the authority to provide Sewer Service to
certain parcels within the municipal city limits of the CITY OF MILTON, is effective as of this
_________ day of _________________, 2013 (the “Effective Date”).
WITNESSETH:
WHEREAS, on December 3, 2012, the Parties hereinto entered into an
Intergovernmental Agreement for Extraterritorial Provision of Sewer Service to Certain Property
Located Within the City of Milton; and
WHEREAS, attached to said Intergovernmental Agreement as Exhibit A was a sewer
service map setting forth the boundaries of where sewer service existed or could be expanded;
and
WHEREAS, it is the intent of this amendment to ratify and otherwise reaffirm the
Intergovernmental Agreement in all particulars, except that Exhibit A (the sewer service map)
from the December 3, 2012 shall stand stricken and shall be replaced with the attached Exhibit A
which seeks to add a single parcel to the sewer service map as an additional parcel for which
Fulton County may provide sewer service.
NOW THEREFORE, in consideration of the mutual promises of the Parties and the
mutual benefits flowing from each Party to the other, and other good and valuable consideration
exchanged, the receipt and sufficient of which are hereby acknowledged, the Parties agree as
follows:
(1) The sewer service map attached to the December 3, 2012 Intergovernmental
Agreement as Exhibit A is hereby stricken in its entirety and replaced herewith with
the attached sewer service map attached hereto as Exhibit A;
(2) The December 3, 2012 Intergovernmental Agreement is otherwise hereby fully
ratified and reaffirmed.
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]
ATTESTED
_____________________________
Sudie Gordon, City Clerk
CITY OF MILTON
_____________________________
Joe Lockwood, Mayor
ATTESTED
_____________________________
Clerk to the Commission
APPROVED AS TO FORM
_____________________________
Office of the Fulton County Attorney
FULTON COUNTY, GEORGIA
_____________________________
John H. Eaves, Ph.D., Chairman
Fulton County Board of Commissioners
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