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HomeMy WebLinkAboutAgenda Packet CC - 09/08/2014 - Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107D Monday, September 8, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire 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. 14-236) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the August 4, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-237) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8 , 2014 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the August 11, 2014 Work Session Meeting Minutes. (Agenda Item No. 14-238) (Sudie Gordon, City Clerk) 3. Approval of the August 18, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-239) (Sudie Gordon, City Clerk) 4. Approval of a Design-Build Agreement between the City of Milton and The Cloverleaf Group, LLC for the Design and Construction of the Crabapple Pavilion. (Agenda Item No. 14-240) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and NOVA Engineering and Environmental, LLC for Geotechnical Monitoring and Testing Services at Bell Memorial Park. (Agenda Item No. 14-241) (Carter Lucas, Public Works Director) 6. Approval of a Professional Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the Installation of a Scoreboard at Hopewell Middle School. (Agenda Item No. 14-242) (Jim Cregge, Parks & Recreation Director) 7. Approval of a Professional Services Agreement between the City of Milton and South Cover, Inc. for the Installation of Two Batting Cages at Hopewell Middle School. (Agenda Item No. 14-243) (Jim Cregge, Parks & Recreation Director) 8. Approval of a Professional Services Agreement between the City of Milton and Fun-Fare to Provide Services for the 2014 Crabapple Fest. (Agenda Item No. 14-244) (Angela Thompson, Special Events & Project Manager) 9. Approval of a Professional Services Contract between the City of Milton and Effective Communications, Inc. for the Development of Social Media Policy. (Agenda Item No. 14-245) (Jason Wright, Communications Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation – American Legion Day. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 13, Fund Balance Policy – To Modify How the Minimum Fund Balance and Surplus Fund Balance are Determined and to Redefine How Surplus Fund Balance Can be Used. (Agenda Item No. 14-246) (Stacey Inglis, Assistant City Manager) 2. Consideration of U14-02 – 14505 Batesville Road, by LRF Milton, LLC – To Operate a Rural Event Facility (Sec. 64-1842). (Agenda Item No. 14-247) (Kathleen Field, Community Development Director) 3. Consideration of an Ordinance to Adopt Amendments to the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 14-248) (Stacey Inglis, Assistant City Manager) 4. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 14-249) (Discussed at August 11, 2014 Council Work Session) (Discussed at August 23, 2014 Special Called Work Session) (Chris Lagerbloom, City Manager) 8) PUBLIC HEARING 1. Consideration of a Waiver regarding Dual Representation of Forsyth County and the City of Milton Related to CP130014. (Agenda Item No. 14-250) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 8 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 14-249) (Discussed at August 11, 2014 Council Work Session) (Discussed at August 23, 2014 Special Called Work Session) (First Presentation and First Public Hearing at September 8, 2014 Regular Council Meeting) (Chris Lagerbloom, City Manager) 3. Consideration of the Abandonment of All Public Rights of Way within the Crooked Creek Subdivision. (Agenda Item No. 14-251) (Carter Lucas, Public Works Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Update on FY15 Budget. (Chris Lagerbloom, City Manager) 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-252) The minutes were provided electronically HOME OF'I % ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 2, 2014 FROM: City Manager AGENDA ITEM: Approval of a Design -Build Agreement between the City of Milton and The Cloverleaf Group, LLC for the Design and Construction of the Crabapple Pavilion. MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: A/f YES O NO APPROVAL BY CITY ATTORNEY Y�APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS qQ k In You PHONE: 678.242.25001 FAX: 678.242.2499 Men*ce*;ed* 4l'ILOLIPt Community * cityo� ` infoC'eityofmiltonga.us I www.cityofmiltonga.us ® I Ethi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "'""" ®` To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on September 2, 2014 for the September 8, 2014 Regular Council Meeting Agenda Item: Approval of a Design-Build Agreement between the City of Milton and The Cloverleaf Group, LLC for the Design and Construction of the Crabapple Pavilion ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This contract is to provide design-build services for construction of the Crabapple Pavilion at 12615 Broadwell Road. This heavy timber, open air pavilion is a replacement for the existing structure that currently stands on the property. The proposed facility will feature a 40’ x 52’ open pavilion with a large stone fireplace, restrooms and storage facilities. Page 2 of 2 In accordance with the city’s procurement process a Request for Proposals (RFP) was issued to provide this service. Two proposals were received and the selection committee determined that Cloverleaf Group’s proposal provided the best value for the city based on both qualifications and price. Staff is recommending approval of the Design-Build Agreement in a not to exceed amount of $499,877. Funding and Fiscal Impact: Funding for this option is $499,877.00 and is available in the crabapple pavilion capital improvement fund issued for this project. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (8-15-14) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Design Build Agreement HOME OF "^F BEST GJ AU7 GF, ; GKA<e ;A' MILTON*t ESTABLISHED 2406 DESIGN -BUILD AGREEMENT Crabapple Pavilion This Design -Build Agreement (the "Agreement"), effective as of the day of '2014 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and City Council, and having its principle place of business at 13000 Deerfield Parkway, Suite 107G, Milton, Georgia 30004 (the "CITY"), and The Cloverleaf Group, LLC, a Georgia Limited Liability Company (the "DESIGN/BUILDER") having its principle place of business at P.O. Box 49820, Athens, Georgia 30604, collectively referred to as the "Parties". WITNESSETH: WHEREAS, the City desires to retain an entity to perform services for the design and construction of a Project (defined below); and WHEREAS, the City solicited proposals for design and construction of the Project pursuant to the Request for Proposals attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Design/Builder submitted a complete and timely proposal, attached hereto as "Exhibit B" and incorporated herein by reference, and met all applicable requirements such that the City awarded the Project to the Design/Builder; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Design/Builder has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Design/Builder's proposal/bid, the City has selected Design/Builder as the successful proposer, and WHEREAS, Design/Builder desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Design/Builder has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Design/Builder is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: (i) Request for Proposals attached hereto as "Exhibit A"; (ii) Proposal Documents from Design/Builder, attached hereto as "Exhibit B"; (iii) "Exhibit C" [Reserved]; (iv) "Exhibit D" [Reserved]; (v) Payment Schedule, attached hereto as "Exhibit E"; (vi) Insurance Requirements, attached hereto as "Exhibit F"; (vii) Performance Bond and Payment Bond, attached hereto collectively as "Exhibit G.l and G.2"; (viii) Alien Employment affidavits attached hereto as "Exhibits H and I"; (ix) Asbestos Survey, attached hereto as "Exhibit J"; (x) Key Personnel, attached hereto as "Exhibit K"; (xi) Warranty, attached hereto as "Exhibit L"; (xii) "Exhibit M" [Reserved]; (xiii) "Exhibit N" [Reserved]; (xiv) Design Documents (to be designed by the Design -Builder, approved by the City 2 and incorporated herein as provided in Section 3(D) of this Agreement); (xv) Construction Schedule and Schedule of Submittals (to be approved and incorporated herein as provided in Section 4(B) of this Agreement); (xvi) City of Milton Code of Ethics (codified in the official Code of the City of Milton); (xvii) 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. Section 2. Project Description A general description of the Project is as follows: Provide all design, permitting and construction services to erect and complete the Crabapple Pavilion in accordance with the Scope of Work provided in "Exhibit A". The services shall include all design, permitting, pre - construction, construction, and warranty phase services. The Design/Builder will provide comprehensive administration and management of all aspects of the construction of the Project and will work in concert with the City toward the successful completion of the Project. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A". The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be included in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Design/Builder shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion (defined in Section 13(A) herein) of Work. Work shall commence within five (5) business days of City's issuance of the Notice to Proceed. Unless otherwise approved, the Design/Builder shall perform its obligations under 3 this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Special Provisions. The Special Provisions provided in "Exhibit D", if attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Design Documents and Responsibilities. The Design/Builder shall prepare and submit for City's approval design and construction documents, to include but not be limited to plans, technical drawings, diagrams and specifications, for construction of the Project (the "Design Documents") along with a detailed cost estimate and cost evaluation, value engineering recommendations, design analysis, constructability reviews and technical input on methods of construction, materials, details, and bidding formats and types of separate bidding packages, assistance in studying various system design options, and any information required to evaluate these systems (i.e., testing, environmental site assessments, etc.). The Design Documents shall conform with the requirements of the Contract Documents and shall bear the signature and seal of an architect or engineer (as appropriate) duly licensed and registered in the State of Georgia. All building shall be designed in a manner that, if such buildings are constructed in accordance with this Agreement, such buildings will be free from leaks. Upon the City providing written approval of the Design Documents, these documents are incorporated by reference into the Contract Documents without further action being required. E. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples (defined below) and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Design/Builder proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Design/Builder or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Design/Builder to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or 0 workmanship and establish standards by which the Work will be judged. The Design/Builder shall review for compliance with the Contract Documents and shall approve and submit to the City Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Design/Builder represents that the Design/Builder has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Design/Builder may be returned by the City without action. The Design/Builder shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the City, provided that submittals that are not required by the Contract Documents may be returned by the City without action. The Work shall be completed in accordance with approved submittals, provided that the Design/Builder shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Design/Builder has specifically informed the City in writing of such deviation at the time of submittal and (1) the City has given written approval to the specific deviation as a minor change in the Work, or (2) a written change order has been issued and approved to authorize the deviation. The City's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Design/Builder of responsibility for errors or omissions therein. The Design/Builder shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the City on previous submittals. In the absence of such written notice, the City's approval of a resubmission shall not apply to such revisions. The Design/Builder shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City at all times and shall be delivered to the City upon completion of the Work. I 6 Section 4. Contract Term; A. Contract Periods/Contract Term. Design/Builder warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Design/Builder shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” provided by the City (the “Commencement Date”), and the Parties intend that all Work shall be completed on or before December 8, 2014 (the “Expected Date of Completion”). Every effort will be made by Design/Builder to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Design/Builder at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Design/Builder until fully paid for by the City. B. Construction Schedule and Schedule of Submittals. The Design/Builder, promptly after being awarded the Work, shall prepare and submit for the City’s approval a design/construction schedule. The schedule shall not exceed time limits provided in the Contract Documents, shall be related to the entire Project, and shall provide for expeditious and practical execution of the Work. The Design/Builder shall prepare and keep current, for the City’s approval, a schedule of submittals which is coordinated with the Design/Builder’s design/construction schedule and allows the City reasonable time to review submittals. Upon receiving written approval of the design/construction schedule and schedule of submittals, these schedules are incorporated by reference into the Contract Documents without further action being required. C. [Reserved] D. Expediting Completion. The Design/Builder is accountable for completing the Work within the time period provided in the Contract Documents, or as otherwise amended by a change order. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Design/Builder, when so informed by the City, shall immediately take action to increase the rate of work placement by: (i) An increase in working forces; (ii) An increase in equipment or tools; (iii)An increase in hours of work or number of shifts; (iv)Expediting delivery of materials; and/or (v) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Design/Builder shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Design/Builder shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Design/Builder shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. E. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Design/Builder, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Design/Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Design/Builder to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Design/Builder and City staff shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Design/Builder's Compensation, Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed four hundred ninety nine thousand eight hundred seventy seven dollars ($499,877.00) (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a lump sum price, provided that the City may, at its discretion, elect to complete the Project in phases (with a lump sum assigned to each phase of the Project). The Payment Schedule (if any) is attached hereto as "Exhibit E". Design/Builder represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 7 B. Payment for Work Completed and Costs Incurred. City agrees to pay the Design/Builder for the Work performed and costs incurred by Design/Builder once evidence is provided that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and costs incurred shall be paid to the Design/Builder upon receipt and approval by the City of invoices, setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. If the City approves Design/Builder's proposal or request to complete Work for more than one phase of the Project during a single payment period, which approval must be obtained in writing from the City prior to any services being rendered or costs incurred, and if Work for more than one phase of the Project is actually completed during any one payment period, each invoice for such payment period shall distinguish the amount due for each phase for which services are rendered or costs are incurred. Further, 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 Design/Builder from all subcontractors in accordance with O.C.G.A. § 44- 14-366. The City shall pay the Design/Builder within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in this Section below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand - delivered, though the Design/Builder may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Design/Builder by Federal Express delivery at the Design/Builder's expense. C. Evaluation of Payment Requests. The City will evaluate the Design/Builder's applications for payment and will either issue Design/Builder payment for such amount as the City determines is properly due, or notify the Design/Builder in writing of the reasons for withholding payment in whole or in part. The City may reject Work that does not conform to the Contract Documents and may withhold payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding payment are removed, payment will be made for amounts previously withheld. N. The City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where the compensation type is something other than a flat fee and requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Design/Builder to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. City and Design/Builder shall comply with the provisions of O.C.G.A. § 13-10-80. The Design/Builder through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the County until Final Completion. Once fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Design/Builder, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Design/Builder and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Design/Builder. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Design/Builder and subcontractors as their interests may appear. The Design/Builder shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each 7 subcontractor's retainage in the same manner as the Design/Builder's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Design/Builder in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Design/Builder, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Design/Builder; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Design/Builder submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Design/Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Design/Builder may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Design/Builder shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 10 Acceptance of final payment by the Design/Builder, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. E. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written change orders, as described in Section 6 below. Whenever the City considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the City to the Design/Builder, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. Section 6. Change Orders A. Change Order Defined. "Change order" means a written modification of the Contract Documents signed by representatives of the City and the Design/Builder with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Design/Builder 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 Design/Builder shall proceed with the changed work. C. Change Order Requirement. 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 Design/Builder. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the City of Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in 11 Section 5(A) above. Any such change orders materially altering the terms of this Agreement or increasing the Maximum Contract Price in excess of $50,000 must be approved by resolution of the City of Milton City Council. Section 7. Covenants of DesianBuilder A. Ethics; Conflicts of Interest. Design/Builder agrees that it shall not engage in any activity or conduct that would result in a violation of the City's Code of Ethics or any other similar law or regulation. Design/Builder certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Should Design/Builder become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Design/Builder shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Design/Builder take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Design/Builder when such services were performed while a conflict of interest existed, if Design/Builder had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. B. Time is of the Essence. Design/Builder specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Meetings. The Design/Builder is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of the Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Design/Builder will be given a minimum of three (3) full business days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Design/Builder's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems may result in termination of the contract for cause. D. Expertise of Design/Builder. Design/Builder accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Design/Builder under this Agreement. The Design/Builder agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Design/Builder shall employ only persons duly 12 qualified in the appropriate area of expertise to perform the Work described in this Agreement. E. Proper Execution by Design/Builder. Design/Builder agrees that it will perform its services in accordance with the usual and customary standards of the Design/Builder's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Any additional work or costs incurred as a result of error and/or omission by Design/Builder as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality will be provided at Design/Builder's expense and at no additional cost to the City. This provision shall survive expiration or termination of this Agreement. It is the Design/Builder's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Design/Builder observes that portions of the Contract Documents are at variance therewith, the Design/Builder shall promptly notify the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Design/Builder's duties shall not be diminished by any approval by the City of Work completed or produced; nor shall any approval by the City of Work completed or produced release the Design/Builder from any liability therefor, it being understood that the City is ultimately relying upon the Design/Builder's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Design/Builder in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. F. Familiarity with the Work. (ii) Design.Builder Familiarity with Work. Design/Builder represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Design/Builder shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. These 13 obligations are for the purpose of facilitating construction by the Design/Builder and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Design/Builder shall be reported promptly to the City in writing. Design/Builder represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Design/Builder has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Design/Builder. Further, Design/Builder acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Design/Builder to notify the City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Design/Builder discovered or reasonably should have discovered shall result in a waiver and full release by the Design/Builder of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Design/Builder fails to perform its obligations pursuant to this paragraph, the Design/Builder shall pay such costs and damages to the City as would have been avoided if the Design/Builder had performed such obligations. (iii) Inspection of Prior Work. If part of the Design/Builder's Work depends for proper execution or results upon construction or operations by a separate Design/Builder, the Design/Builder shall, prior to proceeding with that portion of the Work, promptly report to the City apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Design/Builder so to report shall constitute an acknowledgment that the City's or separate Design/Builder's completed or partially completed construction is fit and proper to receive the Design/Builder's Work, except as to defects not then reasonably discoverable, and Design/Builder shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. G. Supervision, Inspection and Construction Procedures. The Design/Builder shall supervise and direct the Work, using the Design/Builder's best skill and attention. The Design/Builder shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Design/Builder shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Design/Builder determines that such means, methods, techniques, sequences or procedures may not be safe or appropriate, the 14 Design/Builder shall give timely written notice to the City and shall not proceed with that portion of the Work without further written instructions from the City. The Design/Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Design/Builder shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to, (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Design/Builder or Design/Builder's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Design/Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Design/Builder shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Design/Builder, the Design/Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City in writing. The City shall not be responsible for the cost of and the removal or clean-up of hazardous waste found in any materials brought to the Project site by any non -City entity after the Project site is turned over to the Design/Builder. H. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Design/Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design/Builder shall give the City timely notice of when and where tests and inspections are to be made so that City staff may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents be secured by the Design/Builder and delivered to the City within ten (10) calendar days of issuance. Tests or 15 inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. I. Budgetary Limitations. Design/Builder agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Design/Builder's profession and industry. Design/Builder shall take no calculated risk in the performance of the Work. Specifically, Design/Builder agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Design/Builder's profession and industry, Design/Builder will give written notice immediately to the City. J. City's Reliance on the Work. The Design/Builder acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Design/Builder and that, therefore, the City bears no responsibility for Design/Builder's Work performed under this Agreement. The Design/Builder 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 Design/Builder's performance. Design/Builder further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Design/Builder of the responsibility for adequacy, fitness, suitability, and correctness of Design/Builder's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the City's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the City, be uncovered for examination by the City and be replaced at the Design/Builder's expense without change in the Agreement Term. If a portion of the Work has been covered which the City has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the City may request to see such Work, and it shall be uncovered by the Design/Builder. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Design/Builder's expense unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs, which costs shall be agreed upon in writing prior to being incurred. ffol If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Design/Builder shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Design/Builder shall remove from and about the Project waste materials, rubbish, the Design/Builder's tools, construction equipment, machinery and surplus materials. If the Design/Builder fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Design/Builder. M. Design/Builder's Representative; Superintendent. Design/Builder's Representative, , shall be authorized to act on Design/Builder's behalf with respect to the Work as Design/Builder's designated representative, and communications given to the Design/Builder's Representative shall be as binding as if given to the Design/Builder. N. Independent Contractor. Design/Builder hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Design/Builder or any of its employees, servants or subcontractors an employee, servant or agent of the City for any purpose. The Design/Builder agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Design/Builder agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Design/Builder. Any provisions of this Agreement that may appear to give the City the right to direct Design/Builder as to the details of the services to be performed by Design/Builder or to exercise a measure of control over such services will be deemed to mean that Design/Builder shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Design/Builder are independent of each other, 17 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 Design/Builder agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Design/Builder 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 Design/Builder shall assume full liability for any contracts or agreements the Design/Builder enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Design/Builder and Indemnification of City. The Design/Builder covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Design/Builder 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. To the fullest extent permitted by law, Design/Builder shall defend, indemnify and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Design/Builder, any subcontractor, anyone directly or indirectly employed by the Design/Builder or subcontractor or anyone for whose acts the Design/Builder 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 an Indemnified Parry. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Design/Builder, its subcontractor, anyone directly or indirectly employed by the Design/Builder or subcontractor or anyone for whose acts the Design/Builder 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 Design/Builder or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. Design/Builder shall have and maintain in full force and effect for the duration of this Agreement, insurance meeting the requirements provided in "Exhibit F". Q. Bonds. The Design/Builder shall provide Performance and Payment bonds on the forms attached hereto as "Exhibit G.l and G.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Design/Builder shall promptly furnish a copy of the bonds or shall permit a copy to be made. The date of the bonds must not be prior to the Effective Date. If the Design/Builder is a partnership, all partners must execute each bond. R. Assignment of Agreement. The Design/Builder covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Design/Builder shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Design/Builder shall provide evidence on City -provided forms, attached hereto as Exhibits "H" and "I" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Design/Builder provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Design/Builder hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit H", and submitted such affidavit to the City (or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above). Further, Design/Builder hereby 19 agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10- 1-.02. In the event the Design/Builder employs or contracts with any subcontractor(s) in connection with the covered contract, the Design/Builder 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 I", which subcontractor affidavit shall become part of the Design/Builder/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, Design/Builder agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Design/Builder 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 Design/Builder's and Design/Builder's subcontractors' verification process at any time to determine that the verification was correct and complete. The Design/Builder and Design/Builder's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Design/Builder 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 Design/Builder and Design/Builder'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 Design/Builder or Design/Builder'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 Design/Builder's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Design/Builder shall be liable for all damages and delays occasioned by the City thereby. Design/Builder agrees that the employee -number category designated below is applicable to the Design/Builder. [Information only required if a Design/Builder affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees 100 or more employees Fewer than 100 employees 20 Design/Builder hereby agrees that, in the event Design/Builder 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 Design/Builder will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Design/Builder in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Design/Builder by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Design/Builder shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Design/Builder shall make 21 available to the City or City's representative(s) for examination all Records with respect to all matters covered by this Agreement. The Design/Builder will permit the City or City's representative(s) 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. Design/Builder shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make such Records available for inspection at the City's office. Further, Design/Builder shall permit the City or City's representative(s) to observe and inspect any or all of Design/Builder's facilities and activities during normal hours of business for the purpose of evaluating Design/Builder's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Design/Builder 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, Design/Builders, and/or staff to likewise protect such confidential information. The Design/Builder agrees that confidential information it receives or such reports, information, opinions, or conclusions that Design/Builder 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. Design/Builder shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Design/Builder acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Design/Builder further acknowledges that, if Design/Builder submits records containing trade secret information and if Design/Builder wishes to keep such records confidential, Design/Builder must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter I of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses Certifications and Permits The Design/Builder covenants and declares that it or its employees have obtained all diplomas, certificates, licenses, permits, or the like required of the Design/Builder by any and all national, state, regional, City or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Design/Builder shall 22 secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. W. Personnel. (i) Employment of City Personnel. Design/Builder shall not employ any person or persons in the employ of, or having any contractual relationship with, the City for any Work required by the terms of this Agreement without the written permission of the City. (ii) Key Personnel. All of the individuals identified in "Exhibit K" are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Design/Builder's Project Manager or members of the project team, as listed in "Exhibit K", without written approval of the City. Design/Builder recognizes that the composition of this team was instrumental in the City's decision to award the Work to Design/Builder and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this Section shall constitute a material breach of Design/Builder's obligations under this Agreement and shall be grounds for termination. (iii) Subcontractors. Design/Builder shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. By appropriate written agreement, the Design/Builder shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to the Design/Builder by terms of the Contract Documents, and to assume toward the Design/Builder all obligations and responsibilities, including the responsibility for safety of the subcontractor's Work, which the Design/Builder, by the Contract Documents, assumes toward the City. Each subcontract agreement for a portion of the Work must contain a provision allowing assignment of the subcontract agreement by the Design/Builder to the City in the event that this Agreement is terminated by the City for cause and City notifies the Design/Builder and subcontractor of its intent to accept such assignment; provided that any assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Agreement. Design/Builder shall be solely responsible for any such subcontractors in terms of performance and compensation. X. Authority to Contract. The Design/Builder covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general 23 partners, limited partners, or similar authorities to simultaneously execute and bind Design/Builder to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Design/Builder ("Materials") shall be the property of the City, and the City shall be entitled to full access to and copies of all such Materials in the form prescribed by the City. Any such Materials remaining in the hands of the Design/Builder or Design/Builder's subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however that the City makes payment for any such Materials in accordance with Section 10 (D) of this Agreement; provided that Design/Builder may retain a copy of any deliverables for its records. The Design/Builder 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 Design/Builder shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Design/Builder agrees to execute any additional documents that may be necessary to evidence such assignment. The Materials prepared by the Design/Builder and the Design/Builder's consultants are for use solely with respect to this Project. They are not to be used by the Design/Builder or any subcontractor, sub -subcontractor or materials or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the City. The Design/Builder, subcontractors, sub -subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Materials appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Materials. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of any copyright or other reserved rights. Z. 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 Design/Builder agrees that, during performance of this Agreement, Design/Builder, 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, Design/Builder agrees to comply with all 24 applicable implementing regulations and shall include the provisions of this Section 7(Z) in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Design/Builder and Design/Builder's equipment as required for Design/Builder to complete the Work; provided that Design/Builder shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. City's Representative, Bob Buscemi, shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Proiect Documents and Warranty Prior to final payment, Design/Builder shall deliver to the City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Design/Builder shall also deliver to the City copies of all as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. A description of the Warranty provided by the Design/Builder pursuant to this Agreement is provided in "Exhibit L". Section 10. Termination A. For Convenience. The City shall have the right to terminate this Agreement for convenience by providing written notice thereof to Design/Builder at least seven (7) calendar days in advance of the termination date. B. For Cause. The Design/Builder shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Design/Builder within thirty (30) calendar days of Design/Builder providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Design/Builder at least seven (7) calendar days written notice of its intent to terminate the Agreement for cause and the reasons therefore, and if Design/Builder, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City may then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Except as otherwise provided herein, the City shall, upon termination, provide payment to the Design/Builder for services rendered and expenses incurred prior to the date of termination. Provided that no damages are due to the City for Design/Builder's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall pay Design/Builder for Work performed to date in accordance with Section 5 herein. The City shall have no further liability to Design/Builder for such termination. Further, at its sole discretion, the City may pay Design/Builder for additional value received as a result of Design/Builder's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no payment to the Design/Builder or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Design/Builder, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Design/Builder (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Design/Builder or its Surety will pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Design/Builder and its subcontractors, vendors, and suppliers. The City will promptly notify the Design/Builder of the contracts the City elects to assume. Upon receipt of such notice, the Design/Builder shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Design/Builder shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Design/Builder in performing this Agreement, 26 whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Design/Builder provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Design/Builder Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Design/Builder fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Design/Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Design/Builder or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Completion of the Work. (ii) City's Right to Carry Out the Work If the Design/Builder defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate change order shall be issued deducting from payments then or thereafter due the Design/Builder the reasonable cost of correcting such deficiencies and made necessary by such default, neglect or failure. If payments then or thereafter due the Design/Builder are not sufficient to cover such amounts, the Design/Builder shall pay the difference to the City. B. Design/Builder Default. For the purposes of this Agreement, Design/Builder shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Design/Builder's obligations under this Agreement; (b) Design/Builder violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable City, State, or Federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Design/Builder becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Design/Builder is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is 27 fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Design/Builder's default under this Agreement, the City shall send written notice to the Design/Builder setting forth the specific instances of the default and providing the Design/Builder with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Design/Builder for the costs of curing the default against any sums due or which become due to the Design/Builder under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Design/Builder Obligations THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF THE DESIGNBUILDER UNDER THIS AGREEMENT SHALL IN NO MANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF ANY OTHER PARTY HIRED BY THE CITY. THE DESIGN/BUILDER IS NOT A THIRD -PARTY BENEFICIARY OF ANY AGREEMENT BY AND BETWEEN THE CITY AND ANY OTHER PARTY. IT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF THE DESIGN/BUILDER TO THE CITY ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY, ANY DUTIES OF ANY OTHER PARTY TO THE CITY. Section 13. Miscellaneous A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. C. Governing Law. This Agreement shall be governed by and construed in 28 accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and Design/Builder submits to the jurisdiction and venue of such court. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. F. Business License. Prior to commencement of the Work to be provided hereunder, Design/Builder shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Design/Builder provides evidence that no such license is required. G. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Bob Buscemi for the City and for the Design/Builder. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses provided below or at a substitute address previously furnished to the other Parties by written notice in accordance 29 herewith. Notice to the CITY shall be sent to: City Manager City of Milton, Georgia 13000 Deerfield Parkway Suite 107F Milton, Georgia 30004 Notice to the DESIGN/BUILDER shall be sent to: Charles A. Hogan The Cloverleaf Group, LLC P.O. Box 49820 Athens, Georgia 30604 H. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Design/Builder with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Design/Builder with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. I. 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. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. No such individual shall be personally liable to the Design/Builder 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 Design/Builder or successor or on any obligation under the terms of this Agreement. Likewise, Design/Builder's performance of services under this Agreement shall not subject Design/Builder'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 Design/Builder or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Design/Builder 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 30 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 Design/Builder; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third 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. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Design/Builder represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Design/Builder's breach of, any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. 31 IN WITNESS WHEREOF, the City and the Design/Builder have executed this Agreement effective as of the Effective Date provided above. [SIGNATURES ON FOLLOWING PAGE] 32 CITY OF MILTON, GEORGIA By: Its: [CITY SEAL] Attest: By: Its: City Clerk The Cloverleaf Group, LLC By: Charles A. Hogan Its: Chief Executive Officer [CORPORATE SEAL] (required if corporation) Attest/Witness: By: Connie B. Hall Its: Secretary "EXHIBIT A" REQUEST FOR PROPOSAL HOME OF"tiEBrS_.flU€;.iOFllrethMILTOGEOFGW' CITY OF Mt..LTON N%� REQUEST FOR PROPOSAL ESTh6L1SIIED 2006 (THIS IS NOT AN ORDER)' RFP Number: RFP Title: 14-PW9 Crabapple Pavilion Design -Build Due Date and Time: Public Works Department July 10, 2014 Number of Pages: 49 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: June 3, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.citvofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO RESPONDENTS Return Proposal to: Mark Face of Envelope/Package: Respondent Phone Number: RFP Number: 14-PW9 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107G June 26, 2014 Milton, Ga. 30004 Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS RESPONDENTS MUST COMPLETE THE FOLLOWING Respondent Name/Address: Authorized Respondent Signatory: (Please print name and sign in ink) Respondent Phone Number: Respondent FAX Number: Respondent Federal I.D. Number: Respondent E-mail Address: RESPONDENTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE TABLE OF CONTENTS Respondent's RFP Checklist Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Respondent Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Appendix A: Information required to be submitted with the Proposal Appendix B: List of Drawings/ Link for Drawings 21Pa(,e 14-13W9 RESPONDENT'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR index.isp and on the City's website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by - point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR index.isp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is arovided for assistance oniv and should not be submitted with Resaondent's Response. 3�Page 14-PW9 NA I I : VO Nei` SCHEDULE OF EVENTS FVFNT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites DATE June 3, 2014 5 PM on June 26, 2014 on or about June 30, 2014 No Later than 2 PM on July 10, 2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR index.isp) FOR ADDENDA AND SCHEDULE UPDATES. 41Page 1 4 - P W 9 N1II iON' SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified firms to provide professional and construction services for the Crabapple Pavilion Design -Build project. All Respondents must comply with all general and special requirements of the RFP information and instructions enclosed herein. Full design build services will include, but are not limited to, general construction, architectural, mechanical, electrical, plumbing engineering, code compliance review, demolition and civil site design. A design build review meeting will be scheduled every two weeks beginning with the design process and continuing through the completion of construction documents. A. Proiect Budget. The total project budget (including all design, permitting, construction administration fees, design build contingencies, general requirements and construction) is estimated to be $500,000. The City expects that 100% of project cost savings, including contingencies, will be turned over to the City at the completion of the project. B. Proiect Schedule. Although a final schedule has not been established, the City has targeted the design phase to begin August 5, 2014 and for construction to begin September 2, 2014 with substantial completion of the project by October 31, 2014. The successful Design - Builder (DB) will be responsible for developing the design and construction schedule and coordinating activities to accomplish completion of the project within a specified period of time as approved by the City. The City has a festival event in this area the weekend of October 5, 2014. No construction activity shall occur after 12pm on Friday, October 3 until Sunday, October 5, 2014. DB shall ensure that the sight is clean and safe and that all building and construction areas are not accessible to the general public. The southern and northern end of the site will need to be available for city use during this period. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until a DB is selected, respondents are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the respondent from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce@cityofmiltonga.us 5 1 P a o e I4-PW9 1.2 REQUIRED REVIEW A. Review RFP. It is the responsibility of each respondent to examine the entire RFP, seek clarification in writing, and review its submittal for accuracy before submitting the document. Once the submission deadline has passed, all submissions will be final. Respondents should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Respondents with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to Rick Pearce by 5 PM June 26, 2014. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. The City reserves the right to ask for additional information from all parties who have submitted qualified proposals. C. City's Answers. The City will provide an official written answer to all questions on or about June 30, 2014. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR index.isp. Respondents must sign and return any Addendum Acknowledgment forms with their RFP response. D. Mandatory Requirements. To be eligible for consideration, a respondent must meet the intent of all mandatory requirements. The City will determine whether a respondent's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. E. Insurance Requirements. Within 10 days of Notice of Award, and at all times that this Contract is in force, the DB 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. 1. Requirements: The DB 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, 61Page 1 4 - P W 9 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. Minimum Limits of Insurance: DB 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. (d) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractors errors, omissions, or negligent acts. 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 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. 71Pa(Yc 14-11W9 KAIi.r()N' , (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 DB 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 DB 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: Design Builder (DB) 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 DB 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: DB 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 81Page 14-11W9 the Parties as additional insureds. 8. Claims -Made Policies: DB shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. 9. City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. F. 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. If a bidder withdraws its bid from the competition after the selection of its bid for a reason not authorized by Georgia law, the city may proceed on the Bid Bond, along with any other available remedies. The Successful respondent 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 DB is a Partnership, all partners shall execute Bond. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Submittal Requirements. Respondents must organize their proposal into sections that follow the format of this section and section 5.0. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: 91Pa,e 14-11W9 N1 11: V0 N' l first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. DB Affidavit and Agreement 5. Qualification Signature and Certification 6. Technical Proposal: Each Technical Proposal Shall be: a. No more than thirty (30) single sided pages (fifteen pages if double sided). Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Company and Design Team 1. Provide basic company information for each firm represented on the design team: Company name, address, name of primary contact, telephone number, fax number, E-mail address, and company website (if available) and the activities each firm will be responsible for performing. 2. Identify the individual who, from project start to finish, will be the leader of your design -build team and the principal point of contact between your firm, the City, and other consultants. 3. Identify the specific individuals to fill the following key roles on your team: i. Project Manager ii. Lead Design Professional iii. Superintendent iv. Cost Estimator v. Other (please describe, if applicable) 4. Provide for each of the above personnel current resumes listing relevant project experience and percentage of the person's time to be committed to this project. 5. Has the firm been involved in any litigation in the past five (5) years? Describe your experience with litigation with City's and any other construction project -related litigation. List any active or pending litigation and explain. 6. Has the firm ever been removed from a contract or failed to complete a contract as assigned? 7. The design team shall have all necessary, valid and current licenses (including a valid and current Georgia General Contractor's License) to do business in the State of Georgia. Provide a valid copy of the team's Georgia General Contractor's license. 1011)aOe 14-1'W9 t�1 I L T Q Nor b. Work Plan 1. Provide an anticipated project schedule, any anticipated challenges, and any innovative approaches. 2. Provide your detailed cost management plan for controlling costs on this project within the estimated project budget during design and construction. Describe your systems and procedures for controlling costs during design and construction. 3. Provide your detailed change management plan for managing cost and schedule exposures within the stated limitations. 4. Provide your procurement and workforce plan including details on your plan to assure local DB opportunity. Describe how your firm intends to arrange the construction into bid packages in order to reach the City's schedule and budget objectives. 5. Provide your detailed schedule management plan, for this project, during design and construction. Describe systems and procedures your firm uses to manage the project schedule. Describe alternatives that may be explored to shorten the schedule. 6. Provide your detailed subDB management plan including, contract document compliance procedures, project accounting procedures, and issue resolution. 7. Provide your quality assurance plan for this project. Describe your firm's approach for validating compliance with the construction documents. Explain your process for ensuring the quality of the construction workmanship. c. Related Proiects and References 1. Provide information on the firm's design -build service experience on projects of similar, size, function, and complexity. Describe no more than five (5) and no less than three (3) projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the proposed project. For each project, the following information should be provided: i. Project name, location and dates during which services were performed. ii. Brief description of project and physical description (square footage, number of stories, site area or other relevant information). iii. Services performed by your firm. iv. Describe the project delivery method (i.e. Design -Build). V. Describe firm performance relative to schedule and budget. V1. List team members involved in the delivery of the projects. 111Paoe 14-13W9 Highlight any projects on which the proposed design team has worked together. Vii. City contact information. d. Statement of Suitability 1. Provide any information that may serve to differentiate the firm from other firms in suitability for the project. Suitability may include, but is not limited to, the firm's fit to the project and/or needs of the City, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any techniques or methodologies offered by the firm that may be particularly suitable for this project type. 2. Provide non-discrimination policies and describe the firm's record and methodologies of addressing public safety, social, environmental, or other related concerns. 3. Provide information on any special services offered by the firm that may be available for this project. e. Pricing: Separately sealed (See Section 5) 7. Applicable Addenda Acknowledgement Forms (if necessary) B. Failure to Comply with Instructions. Respondents failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD) must be sealed and provided to the City at: City of Milton Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, July 10, 2014. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of respondents will be announced. 12111acye 14-1'W9 NAII:(0NI D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the respondent's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the respondent at the expense of the respondent or destroyed if requested. 1.5 RESPONDENT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, respondent agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the respondent for a 120 - day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and respondent so agrees in submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the respondent. The City is not liable for any expense incurred by the respondent in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and respondent resulting from this RFP process. 13111age 14-1'W9 M 11:1 <) N �` SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 RESPONDENT COMPETITION The City encourages free and open competition among respondents. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the respondent; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from a respondent's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Respondents must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS 14 111 a e 14-PW9 A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a respondent has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring respondent or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring respondent. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the respondent's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by respondents outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the respondent being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more respondents should clarification or negotiation be necessary. Respondents may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, respondents should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the respondent's expense. F. Best and Final Offer. 151Pa-e 14-11W9 ,x-11 l : I Q N' , The "Best and Final Offer' is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more respondents if additional information is required to make a final decision. Respondents may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring respondent to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible respondent whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring respondent fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring respondent. J. Contract Award. Contract award, if any, will be made to the highest scoring respondent who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in noway constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 161_Page i 4-PW9 SECTION 3: SCOPE OF PROJECT i s a x a t a I Alpharetta 1� �o w 1 Alpharetta r e, I�Bats#srtd'nlaq: c Muton 7i I � C Figure 1. Project Location Map 3.0 GENERAL REQUIREMENTS A. The Design Builder (DB) shall provide all design, permitting and construction services to erect the Crabapple Pavilion in accordance with the scope of work provided herein. The services shall include all Design, Permitting, Pre -construction, Construction, and Warranty Phase services. The DB will provide comprehensive administration and management of all aspects of the construction of the project and will work in concert with the City towards the successful completion of the project on schedule, at or below budgeted costs, meeting or exceeding standards stipulated by the design criteria, and in adherence with standards required by local authorities and other agencies having jurisdiction. It is expected that the DB will undertake such measures as preconstruction and design development, engineering and geotechnical design, preconstruction, permitting, demolition, abatement, and construction of the system. B. The Respondent shall assemble and manage an appropriate team of qualified professionals capable of implementing all requirements of the Project, as outlined in the RFP. If a Proposal is submitted by a team of individuals or firms, the Proposal shall 1711)age 14-1"W9 N'A I I1 [0 N* clearly define the Lead Firm making the Proposal. Design services shall be provided by a design professional registered to perform engineering or architectural services in the State of Georgia who retains all responsibilities for design and construction administration services of the Project. C. The City may consider minor, reasonable revisions to the requirements stated herein as part of the design builders proposal provided there is evidence of improved operation, use, or benefit to the City. Any and all such deviations must be specifically and individually identified and justified in the design builder's proposal. Deviations not identified in the proposal will not be considered. D. The DB services shall include a preconstruction/design phase, and a construction phase. During the preconstruction/design phase, the DB will provide detailed cost estimates and cost evaluation, value engineering recommendations, design analysis, constructability reviews and technical input on methods of construction, materials, details, and bidding formats and types of separate bidding packages. The DB shall provide assistance in studying various system design options. Any information required to evaluate these systems (i.e., testing, environmental site assessments, etc.) will be the responsibility of the DB. E. When design documents for the project have been developed in sufficient detail, the Design -Builder (DB), under the general supervision of the City, will commit to a final lump sum price that shall not exceed the amount provided in the cost proposal provided with this submittal unless the specifications for construction are modified by the city. All construction shall be backed by a surety bond. The DB shall competitively select all construction subcontracts and other work appropriate for competitive selection but is free to use qualification factors other than price of work to select construction subcontractors that will deliver the best value to the City. Project shall be constructed within this lump sum price. F. During the construction phase, which includes any previously awarded early bid packages, DB will be responsible for means & methods of construction, safety programs, quality control, general conditions, prequalification of potential subcontractors and bidding of all work, certification of all work in place required for monthly payment requests, coordination, scheduling of all work associated with all construction contracts and other miscellaneous contracts required for the completion of the project within the predetermined budget and schedule. DB will assist City in management and administration of the project except that the City shall retain complete contractual control of all prime DB contracts, project funds, and disbursements. The DB shall retain all normal responsibilities for professional design, cost control, schedule and quality assurance including normal construction administration responsibilities. G. The contract documents include the Contract Agreement, respondents proposal (including all documentation accompanying the proposal and any documentation required by the city prior to the Notice of Award), bonds, all special conditions, 181Page 1 4 - P W 9 general conditions, supplementary conditions, specifications, drawings and addenda, together with written amendments, change orders, field orders and the city's (or city's designated representative) written interpretations and clarifications issued in accordance with contract documents on or after the date of the contract agreement. H. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. 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, and must include all costs chargeable to the DB executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The DB shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City's tax-exempt status. K. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. L. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers' number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. M. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. N. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. 19111ag e 14-11W9 O. The selected DB must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. P. The selected DB must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If the selected DB is not the manufacturer, all manufacturers' warranties must be passed through to the City. The contractor, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. Q. The selected DB is solely responsible for the fitting, assembly and installation of any time by the manufacturers authorized or approved servicer or experienced worker utilizing workmanship of the highest caliber. The DB must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. R, The selected DB is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). S. 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. T. Failure to execute the Contract Performance or Payment 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 ranked DB, may be re -advertised, or may be constructed by City forces. U. Within ten (10) business days of the Notice to Proceed the selected DB shall provide to the City a detailed project schedule. The schedule shall outline all project tasks, start and end dates and the critical path items necessary for project completion within the allowable time frame. 3.1 PROCESS The DB shall incorporate the following documents provided by the City into the Design Development phase: Schematic Design Documents 201Page 14-1"W9 Survey Drawing prepared by Brumbelow-Reese and Associates Inc. Dated March 4, 2014 SP -1 Schematic Demolition, Site and Landscape plans A-1 Schematic Floor Plans A-2 Schematic Elevations and Details The following is a listing of services to be provided by the DB: A. Design and Pre -Construction Services 1. Validate City's construction budget in regard to the approved project scope. 2. Develop and maintain a master project schedule, a major task based bar schedule (Gantt chart). 3. Utilize the initial concepts and scope documents developed by the City to lead the design -build team through the design process. 4. Provide analysis of alternate construction methods and materials for potential quality, cost and schedule enhancements. 5. Provide design development drawings to be approved by the city prior to proceeding to the development of construction documents. 6. Develop the design through complete construction documents. 7. Develop a provisional construction CPM schedule indicating methods and sequencing of construction. 8. Provide detailed construction cost estimates to achieve city's budget. 9. Develop construction budget to be maintained throughout construction. 10. Develop and assist in the evaluation of Value -Engineering options. B. Bidding and Construction Phase 1. Pre -qualification of potential subcontractors and vendors. 2. Generate and issue comprehensive bid packages to potential subcontractors and vendors. 3. Develop requirements to assure time, cost, and quality control during construction. 4. Provide a provisional construction schedule (CPM) for issuance with bid packages. 5. Identify and evaluate potential bidders for all scopes of work. 6. Schedule and conduct pre-bid conferences in coordination with the City. 7. Advertise and distribute bidding documents. 8. Monitor bidder/proposer activity to insure adequate DB and vendor participation. 9. Review and analyze bids for presentation to the project team. 211Pagc 1 4 - P W 9 b1II:lC}N101 10. Verify adherence of bids with design requirements and the construction budget. 11. Subcontract with successful proposers/ bidders for construction. 12. Verify that all scope of work required for the completion of the project is included in a subcontract, purchase order, or is self -performed. 13. During construction activities, maintain on-site staff for construction management and supervision. 14. Establish and maintain coordinating procedures. 15. Develop and maintain a detailed schedule (CPM) including delivery, approvals, inspection, testing, construction, and occupancy. 16. Conduct and record regular job -site meetings. Issue meeting minutes to all parties. 17. Coordinate and maintain on-site contract documents in accordance with the General Requirements. 18. Prepare and submit change order documentation for approval of the City in accordance with the contract. 19. Maintain a system for review and approval of shop drawings. 20. Maintain on-site records and submit formal monthly reports to Design Professional and City. 21. Maintain quality control and ensure conformity to plans. Maintain one copy on site of all QC reports for City to review at their convenience. 22. Provide cost control through progress payment review and verifications according to the approved schedule and contract amounts. 23. Develop as -built and record drawings throughout the construction process. 24. Coordinate post -completion activities, including the assembly of guarantees, Operation & Maintenance manuals, warranties, keys, closeout documents, and final acceptance. DB shall arrange for any training sessions including coordination with City's staff. 25. Develop requirements for safety, quality assurance, and schedule adherence. 26. Acquire and track all necessary subcontractors, material suppliers, and vendor's lien release documentation. Required lien documentation should be received by DB prior to issuance of monthly payments. C. Warranty Phase 1. Coordinate and monitor the resolution of remaining "punch -list" items. 2. Coordinate, monitor, and resolve all warranty complaints in a timely manner and to the satisfaction of the City during the general warranty period. 3.2 PERMITS AND LICENSES A. All design and construction work shall be in compliance with all applicable federal, 221Page 1 4 - P W 9 state, and local codes and ordinances. It will be up to the Proposing Team to ensure that all inspection and certification requirements, including construction materials testing, are reviewed and approved by the appropriate officials. B. Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses'), are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. DB further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by DB under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. C. The design team shall include one review by the city's Design Review Board and shall prepare all documentation and submittals necessary for the review. All comments received from the board shall be incorporated into the final documents at the direction of the city. D. Secure all required permits from Fulton County including but not limited to Sanitary Sewer connection, Water Tap and Meter. DB to include the cost of permit fees for county issued permits. 3.3 BUILDING AND SITE REQUIREMENTS The requirements provided herein are minimum requirements. The DB is responsible for ensuring that all code requirements are met and that industry standard materials and equipment are provided as may be approved by the city. A. Site Requirements 1. Fencing a. All site fencing shall be 4'-0" high 4 board fencing with wire mesh. All fencing shall be painted black. Fence posts shall be 4" x 4" set in a concrete base. 2. Sidewalks a. All sidewalks and concrete pads shall be per plan. 3. Storm Drainage 23111age 1 4 - P W 9 t,1I i.1C)N�l a. Storm drainage piping serving roof downspouts shall be minimum 4" corrugated pipe or shall match the size of the downspout, whichever is greater, and shall be installed adjacent to foundation walls as to minimize existing tree root disturbance. b. Each downspout should be fitted with a downspout filter and directed to a drywell. Downspouts may be combined to a single a drywell. Drywell location(s) to be approved by the city to minimize impact to adjacent trees. 4. Landscape a. Tree Protection shall be included for all existing trees to remain. b. Trees to be removed shall cut with stumps grinded below grade c. Mulch ground cover shall be provided per plan. Mulch type shall be natural treated hardwood set 2" thick per plan. For the playground area provide mulch at 8" deep for an area of 25'-0"x25'-0" with a plastic border to contain the mulch and prevent water from washing away mulch. d. GAB commercial grade 4" thick per plan e. Plantings shall be per plan —see attached detail f. Planting prep — see attached detail g. Irrigation—NIC h. Tree pruning —crown cleaning and low limb pruning for existing 49" oak, 40" oak and 36" white oak -per city arborist i. Soil fracturing per city arborist S. Playground Equipment — NIC (this area is shown on the drawing to indicate area for playground mulch. 6. Site Accessories a. (1) Park bench 6' long placed adjacent to the playground equipment. Composite wood surface. b. (3) Pole mounted trash cans, c. (1) Dog waste station, d. (1) Bike Rack — in -ground , loop bike rack, color black, capable of supporting a minimum of 5 bikes. "Ultra Site Model 5805s or equivalent. 7. Parking Area a. Concrete pad shall be provided for HC parking area per ADA requirements. This should include all required stripping, and signage. HC parking area location - per plan. 241Patioe 1 4-F'W 9 M 11:I ON ' S. Grading -Per plan 9. Sanitary Sewer a. Provide a dog house connection or lateral connection as may be approved by Fulton County to the existing line on site. DB responsible for permitting and coordination activities with Fulton County. b. On-site septic system to be abandoned or removed as directed by the city and Fulton County Health Department regulations. 10. Domestic Water a. Coordinate service with Fulton County. Utilize existing water service if possible. DB responsible for permitting and coordination activities with Fulton County. 11. Exterior Site Lighting a. One exterior site light shall be provided adjacent to the exterior sidewalk steps. This fixture should be decorative, low scale and set on a photo cell timer. Timer to be located in storage room. b. Other exterior lighting maybe required by the city as determined in the Design Development phase. 12. Erosion Control a. Include all erosion control measures per code. Erosion control drawings shall be submitted to the city for approval as part of the permitting process. B. Building Requirements 1. Exterior Finishes a. Board and Batten vertical siding — Fiber Cement Board with battens 2'-0" O.C.- paint finish color by owner b. Rustic horizontal siding — 7 % exposure paint finish color by owner c. Soffits and Rakes — fiber cement board — paint finish color by owner d. Bathroom and Storage Room entry soffit areas to be bead board with 3 % inch crown molding — paint finish color by owner e. Pavilion ceiling to be T& G v -grooved with stained finish color by owner 251Page 14-PW9 NA I I11-0N'� f. Water table shall be stacked stone veneer, "Tennessee Crab Orchard" 4" thick g. All roofing finish shall be standing seam metal — prefinished color as selected by owner h. All exposed heavy timber at pavilion shall be clear grade with stained finish, minimum depth of truss bottom cross members to be 18" and all vertical truss members to be minimum 10" (this is to provide a mass for visual appearance) all connection plates to be black steel, with matching hardware i. All gutters to be 6" OG . All downspouts to be round. Gutter/downspout material shall be galv'd metal, location per plan. j. Decorative wall brackets shall be per plan and shall be a non- rot material 2. Interior Finishes a. Pavilion i. Interior pavilion walls shall be rustic horizontal siding -71/4" exposure stained finish (upper half) and owner supplied reclaimed barn board set vertically (lower half) ii. Fireplace shall have a natural tone large scale river rock with standard grey grout. Fireplace hearth shall be 2" thick honed finished bluestone with a hammered edge finish 3 sides. Hearth shall be designed as to allow space for wood storage within. Fireplace shall be built on site — per plan iii. Fireplace mantel shall be natural rustic rough sawn beam 8'-0" long b. Storage Room i. Storage room shall have a 1/2 MR gypsum board finish on walls and ceiling, tape and spackled (level 3) paint finish with a 4" rubber cove base. The ceiling shall have an attic access panel. ii. Storage room floor finish shall be a sealed concrete. (BASF "Kure n Seal") iii. Storage room shelving. Shelving shall be 15'-0" long x 30" deep. Shelves shall be smooth - solid wood and shall be adjustable. A total of 6 shelves should be included. Shelving shall be free standing. Shelving shall support min. 150#/foot. Alternate — shelving can be metal c. Janitor Room Finishes i. Janitor room shall have a 1/2 MR gypsum board finish on walls and ceiling, tape and spackled (level 3) paint finish with a 4" rubber cove base. Floor finish shall be sealed concrete. (BASF "Kure n Seal") d. Utility Room i. Utility room shall have a 5/8 Type X gypsum board finish on walls and ceiling, tape and spackled (level 3) paint finish, with a 4" rubber cove base. Floor finish shall be sealed concrete. (BASF "Kure n Seal") 261Page i 4 - P W 9 IIIL0Nr e. Bath Room i. Bathrooms (Men and Women) shall have a 1/2 MR gypsum board finish on walls and ceiling, tape and spackled (level 4) paint finish. Base shall have 5" square edge pine base trim —All walls , base trim and ceilings shall have an epoxy paint finish ii. Bathroom floor finish shall be smooth concrete with an epoxy finish. Concrete shall be pithed to floor drains per plan. iii. Bathroom accessories: aa. (2) Hand dryer (semi recessed) "Xlerator" bb. (4) soap dispensers cc. (4) toilet paper dispensers dd. (4) mirrors 18x36" ee. ADA grab bars per code ff. (2) Baby changing stations gg. Sanitary napkin disposal (women's only) hh. Solid plastic urinal screen ii. Solid plastic toilet partition (ceiling hung) 24" door 36 for ADA stalls 3. Signage a. Provide signage at utility door, men's and women's bathroom doors, and janitor closet door per code. 4. Doors a. All doors shall be 3'-0" wide x 6'-8" tall hollow metal flush style with metal frames. Paint finish color by owner Door swings per plan . Bathroom doors shall have kick plates, Dead locks, push and pull plates Butt hinges, closer, weather stripping, threshold, Mop plate 4" high, Kick plate 8" high. Exterior storage room doors shall have kick plate 8" Mop plate 4", butt hinges, Dead locks, weatherstipping, threshold, and lockset. Interior doors for Utility room and Janitor room shall have Butt hinges, lockset, and overhead closers. Include a mop plate on bathroom side of janitor closet door. All hardware shall be stainless steel or brushed nickel. S. Building Insulation a. Provide loose batt insulation for all storage and bathroom areas, minimum R- 19 walls (Interior and Exterior walls), minimum R-38 ceilings or greater if 271Pa-c 1 4 - P W 9 �1I1-1 ON* required by code 6. Picnic Tables a. 6 Picnic tables 8' long built with composite wood surfaces. 2 of the 6 tables shall be ADA accessible. Tables should be bolted to the slab and designed as to be removable during events. Tables should be evenly spaced between column lines 1 and 3. 7. Structural a. Building shall be wood framed construction. The pavilion shall have heavy timber members and T&G V grooved plank ceiling. b. Slab thickness per code c. Foundations per code d. Hurricane straps per code e. Colum cross braces — if required- shall be decorative 8. Plumbing a. Hot Water Heater. (1) Hot water heater to be 40 gallon Rheem model ELD 40 b. Water Closets. (4) Water closet Flush valve wall mount, American Standard 2294.011 A wall siphon jet action elongated bowl, vitreous china, 1 %" top spud 1.28 gallons/flush Sloan "optima" 8111-1.28 battery operated flush valve. Open front seat less cover (handicap toilet shall be the same but mounted at accessible height.) include JR Smith carrier support c. Urinals. (2) Urinal, flush valve accessible , American Standard 6550.501 vitreous china water saver,.5 gallons/flush, siphon jet urinal with flushing rim, 3/" inlet spud, outlet connection thread2" inside, Sloan "optima" 8186- 0.5 battery powered flush valve include JR Smith Carrier support. d. Lavatories. (4) Lavatory American Standard 0355.012 Lucerene, vitreous china lav with front overflow and faucet ledge, Zurn Z6195 — XL "Aquasense" battery operated faucet w/ P6900 —MV mixing valve and grid strainer drain. MaGuire 165 3/8"angle supply with stops, McGuire 80881 X"cast brass "P" trap with support. Insulate "P" trap with Handi Lav Guard by Truebro. Mounting height per ADA standards with JR Smith Carrier support. 281Page 1 4-11W9 e. Water Fountain. Water fountain level barrier free to be stainless steel freeze .resistant Acorn Aqua mod elA152400B-FRA4,with Mcquire 8088 1 %" "P" trap and Mcquire angle stop and shut off valve f. Mop Sink. Mop Sink, Flat TSBCR1100 28"x28"x 12"Terazzo wj 830- AAfa ucet. provide with wall guard, hose and bracket and mop hanger. g• Piping i. All domestic piping to be "L' type copper ii. All sanitary piping to be PVC schedule 40 iii. All piping shall be designed to prevent winter freezing 9. Electrical a. Secure all required utility permits. DB to include the cost of any utility connection fees, transformers, meters etc. Note: Meter and main disconnect shall be located in rear of building, not visible from the street. b. Outlets. All electrical outlets shall be on GFI circuits. The quad outlets in the pavilion shall be switched. Switch shall be located in the storage room. c. Electrical Panel. Electrical panel shall by Square D and shall be a minimum service of 200 amp. d. Occupancy Sensors. Bathrooms to have ceiling mounted occupancy sensors to control the general lighting e. Light and Outlet Switches. All interior room general lighting shall have individual room switches located adjacent to doors. All Pavilion lighting switches shall be located in the storage room. All pavilion outlets shall be switched and the switches shall be located in the storage room. High hat lights located in soffit of Bathroom entry and storage room entry areas shall be placed on a timer switch. Locate switch in storage room. f. Smoke Detectors. Provide hard wired smoke detectors all interior rooms. g. Emergency Lighting. Provide emergency lighting and exit lights per code h. Pavilion Lighting. All pavilion columns shall have indirect light fixtures —fixture selection per owner. Provide (3) ceiling mounted light fixtures per plan — fixture selection per owner 2911-1age 14-11W9 �1I I I C?C )II i. General Interior Room Lighting. All ceiling mounted light fixtures to be surface mounted, location and quantity —per plan 10. Mechanical a. Bathroom Exhaust. Provide an attic mounted exhaust fan hard ducted to both bathrooms, sized per code. b. Bathroom Heaters. Provide flush ceiling mounted electric heaters on independent thermostats for both bathrooms, janitor and utility rooms. Thermostats shall have lockable covers 11. Demolition a. The city will handle the demolition of the existing structure and foundation. 3011-1a(,e 14-1'x'9 SECTION 4: RESPONDENT QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the respondent to provide the supplies and/or perform the services specified. 4.1 RESPONDENT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 311-1aoe 14-11W9 NA 1,1.11) N*e, SECTION 5: COST PROPOSAL The Design -Builder (DB) is under contract to supply both design services and construction services, to complete the project and place the City in occupancy of the project in a "turnkey" fashion. Once a Lump Sum Price is agreed upon between the City and the DB, the DB is "at risk" for project price, project schedule, and completion of all construction as set forth in the Contract Documents. The DB holds all trade contracts and trade supplier contracts. The city may, at its discretion, elect to contract with the respondent for these services in phases. The fees for this project shall be provided in the following format. No other fees, exclusions or exceptions will be considered. One (1) original and two (2) copies shall be submitted in a separate sealed envelope and shall not include any project proposal information before the required deadline. The respondents cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. While fee is an important criterion, a fee skewed unusually low or high relative to the other proposals, or a Consultant's failure to demonstrate the fee is adequate for the required work may result in a reduction in score. Important — Proposers must attach detailed itemization of Proposed Project Costs and Fees, and any exceptions to the items requested above to the Design -Builder Fee Proposal Form, in same sealed, opaque envelope. Proposers shall use itemization format (of their choosing), which fully delineates specific costs, expenses and fees for Preconstruction and Construction phases, and is descriptive of all cost detail including, but not limited to, cost of work, in - construction services, overhead, work by others, and insurance and taxes. 321Pa-L 14 -PW 9 N,AII._T0N , A. B. Fee and General Conditions Proposal [MUST BE RETURNED WITH PROPOSAL IN SEPARATE SEALED ENVELOPE] Design and Permitting Services Fee The City shall pay to the RESPONDENT a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. The respondent shall include with the requirements described in Section 3.1 (A), a fixed cost for the Design Services and a fixed cost for the Pre -Construction Services. The Cost Proposals shall be lump sums covering all of the respondent's expected costs to complete the work including the Consultant's personnel fees and "reimbursable expenses" and the fees and expenses of all sub -consultants. The Cost Proposals shall be based on the scope of work described herein and in the sample contract, and shall not be qualified or subject to exceptions. Description Unit Total Design Services Fee Lump Sum Preconstruction Services Fee For the preconstruction services provided by the RESPONDENT, as set for in the General Requirements, the City shall pay to the RESPONDENT a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. Description Preconstruction Fee C. General Conditions Unit Lump Sum Total The City shall pay to the RESPONDENT a fixed, lump sum fee for General Conditions associated with this project. The RESPONDENT shall provide an itemized breakdown of all services and fees included in the General Conditions.. The General Conditions fee shall include all direct, indirect and incidental fees and expenses, project supervision (Executive manager, Project Manager, Assistant Project Manager, Project Engineer, Project Superintendent, etc...) site office and associated costs (trailer rental, telephone, temporary sanitary facilities, ice, water, computers, power, etc...), supplies, delivery services (FedEx, UPS, etc...) cell phones, radios and other items necessary for the completion of this project. 3311-1ae 14-11W9 Description Unit Total General Conditions Lump Sum D. Construction Services Fee The City shall pay to the RESPONDENT a fixed, lump sum fee for construction services. The RESPONDENT shall provide an itemized breakdown of all services and fees included in the General Conditions. Description Unit Total Construction Services Fee Lump Sum E. Construction Fee The City shall pay to the Respondent a fee not to exceed the following amount for the construction of the facility. It shall be understood by both parties that this figure is based on the schematic design provided herein and that prior to construction the City and the Respondent shall agree on a final lump sum fee based on the final design drawings. Any amount less than the Not to Exceed figure provided below shall be returned to the city to be used at the City's discretion. Description Unit Total Cost of Construction Not to Exceed 341 Page 1.4-PW9 The undersigned bidder, having familiarized themselves with the work required by the RFP, the proposal documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Project Price is the sum of A-E above: Description A. Design Services Fee B. Preconstruction Services Fee C. General Conditions D. Construction Services Fee E. Cost of Construction Total Fee (Sum of A-E) Print/Type Company Name Here: Authorized Signatu Print/Type Name Print/Type Title Fee Date 351Page 14-11W9 K11*1 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non- responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the design team 25 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Work Plan • Project approach • Public involvement • Project innovations • Schedule 20 pts. Related Projects and References 20 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Overall Fit of the firm and its key team members to the project 15 pts. • Ability of the firm to instill Committee confidence in the firm's understanding of the project requirements • Firm's communication and problem solving methods and abilities. Price (Section 5) 20 pts. 361Page I4-1-IW9 NA I I; L( N)r SECTION 7: STANDARD CONTRACT INFORMATION 7.0 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the respondent's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. 7.1 SUBCONTRACTORS The highest scoring respondent will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any sub, DB and the City. 7.2 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.3 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 371Pao e I4-PW9 ,11I L;T'C?N� • ' • A Information Required to be Submitted with the Proposal All Sheets in Appendix A are to be signed and returned with the response 3811"age 14-F1W CITY OF MILTON DISCLOSURE FORM [MUST BE RETURNED WITH PROPOSAL] This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Respondent Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 391Pa`;e 14-11W9 NJ 11. F0iJ�4r RFP# 14-PW9 PROPOSAL LETTER [MUST BE RETURNED WITH PROPOSAL] We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) — Crabapple Pavilion Design -Build. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. 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 PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the 401Paoe 14-1'W9 NAI11C�)Nt' proposal and certify that i am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. [SIGNATURE ON THE FOLLOWING PAGE] Authorized Signature Print/Type Name Print/Type Company Name Here Date 4111)ae 14-11W9 [BIDDERS MUST RETURN THESE SHEETS WITH PROPOSAL] 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: Crabapple Pavilion Design Build: BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: 1\1I1:1QN*e' SURETY eal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: 421Paoe 14-11W9 Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt 431Page 14 -PWS} tilI I:1.r `It*l 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. 441 Page 14-PW9 EXHIBIT " " CONTRACTOR AFFIDAVIT AND AGREEMENT [MUST BE RETURNED WITH PROPOSAL] STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned DB 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 DB will continue to use the federal work authorization program throughout the contract period and the undersigned DB will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the DB with the information required by O.C.G.A. § 13-10-91(b). DB hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Crabapple Pavilion Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury 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] 451Pa e 14-PW9 ;1,11 I: I C) Nor My Commission Expires: QUALIFICATIONS SIGNATURE AND CERTIFICATION [MUST BE RETURNED WITH PROPOSAL] 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 He I CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as DB in the foregoing bid; that signed said bid in behalf of the Contractor, was then (title who 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 (Seal) (Signature) 461Page 14-PW9 List of Drawings The following drawings are available for download with this package and are included as part of these contract documents Sheet Number Drawing Title 1 Front Elevation 2 Site Plan 3 Boundary Survey A-1 Floor Plans A-2 Elevations and Details SP -1 Demolition, Site and Landscape Plan Link for Drawings: http://goo.gl/OChJJp 47 ORONT ELEVATI 'ON IV I I I IN 48 7-7 B ROA DVV ELL R 0 A D B R 0 AD WE L L P A R K I I000 Doerf�d llnkmay, 5,, 107 Mf.. 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AND ��ITMII Of' z DEVELOPMENT CONSULTANTS S.F. CRAHAPPLE COMMUNM HOUSE I—PI yl-Iy HIGHWAY PR&P�D MROW LNIT-J = W-*-- nl I AInTTFRS FF LAND LOT(S) 113413685 DJSTRLCVZ SECTIKIJN:2 CITY OF: MILTON GOUNITY OF. FULTON STATE OF GEORGIA. GEORGIA RlS.; 2&2 NIEFARPR or sA30,0, G lP^eT YITLE�E�B�M. Ipp OF P.L THE WARNGS SjDY.A MDN.'A> �FF"NOCD TO �P TIA �jl Flu TIM GROU�C A ,P.F. :d 3. SUaJF.DT'VOt+ENTY -2 A. DIte-11.1 LPS e. UVLAC :�Na.MUillDV7. JT. SURVEYS FERDICES: tJH Pf�.11-­J&TEASEMENT SJR�.(FORFJLTOKI NT CR49W".;.rW.WVTY FURul Y I �S 8q'AJL4B' W 112A7 Lp F OT AS u 8L�• IZY MLS B-NARD n & NAWY HAUDERC BY A.S. 12'RB �AETrl&�3OCKTES,gr,U.TEC�rJSr2-'lT7. M ;ON LINE, kRC-I I.D. 2 41011 13N2n UI 'ER -1. IIECO`I� ­ � . T- R I IfF -AL R TQS,Uyl 8. SURVEY A0F01VZEDBYQTY�Mll.TON DR -1-11M 9. .0. ­­icnJANUARY 22.2J14. GRAPIUC 9CALE(L-1- �,1115 �l J-4 up (LL D I IN 1,i;r) C_L-U-1 7-0- d_. REF:_5w.26215 . 1 ­+ - ]G 50 SURVEY FOR R BRUMBELOW-REESE AND ASSOC-, INC. LAND SUJTVEvORS, LAND PLANNERS. o G7 M' CITY. OF MILTON .2 DEVELOPMENT CONSULTANTS CRAHAPPLE COMMUNM HOUSE LOCATED N: HIGHWAY DATE: JANUARY 21. 2014 LAND LOT(S) 113413685 DJSTRLCVZ SECTIKIJN:2 CITY OF: MILTON GOUNITY OF. FULTON STATE OF GEORGIA. GEORGIA RlS.; 2&2 NIEFARPR or sA30,0, G 9 14 MILTON, GEORGIA 30004-3615 PHONE; 770-475-6Ni I FAx: 77n ­5I59 -4 W� alAIL- BRAMINC@COMCA 50 eAl 51 ol .4j 1 _1 1 A j- .� - ..nv �-- LE'J PT 11 ^� y LL`+55 ,v 1 �^'i) It 1��6N - �� .��✓.-4u ,. f j r=t 1 �d-1 i f ��..., I .� `�• uU '4't`. 11�_ i ----` JL P IW; <,V 4 52 - f —il r fv t i � I I Y i 4 a r _ _ u 2 o e .. t `•Co ., �' t o. a o • rww+ .,�, � z - _ -•'pa.• _. .. i IJ �'i I 3 iE Y' LAN cu tk� ._lAT1U��CAPC °tsh ! I^ j - IDI I lye 4 -i4 l4 iI 53 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 14-PW9 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce(&cityofmiltonLa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM 41 54 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Item #1 Section 3.3.13.1 Exterior Finishes is amended to add item k as follows: k. All exterior columns shall be a heavy timber column with a minimum cross section of 10" x 10" (true dimension). Item #2 Add a bid alternate as follows: Replace all heavy timber 10" x 10" exterior columns with a minimum double heavy timber 8" x 8" (true dimension) columns with two front corner column locations being a minimum of triple 8" x 8" (true dimension). Questions and Answers 1. Our architect/design team has asked the question will the drawings already established be released to the team awarded the project or will all new design documents need to be produced? Answer: The schematic design documents will be released to the selected team. These documents reflect the character, massing and minimum design standards expected for the project but do not represent final design documents. The selected team will be expected to produce final design documents signed and sealed by their respective professionals. These documents should be produced in suitable detail to ensure compliance with the minimum requirements and intent of the schematic design and in sufficient detail to obtain all required permits for the project. 55 "EXHIBIT B" [PROPOSAL DOCUMENTS FROM DESIGN/BUILDER] 56 OPY HOME CF',SES=i••.•...cr. - -'�:,•_.• -MILTON*k, 14TAY Msii-n zxA. CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: RFP Title: 14-PW9 Crabapple Pavilion Design -Build Due Date and Time: Public Works Department July 10, 2014 Number of Pages: 49 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: June 3, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.cityofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO RESPONDENTS Return Proposal to: Mark Face of Envelope/Package: The Cloverleaf Group, LLC RFP Number:l4-PW9 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107G June 26, 2014 Milton, Ga. 30004 Email questions to Rick Pearce at 26-0768529 rick.pearce@citvofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS RESPONDENTS MUST COMPLETE THE FOLLOWING Respondent Name/Address: Author' e Resp ndent Si natory: The Cloverleaf Group, LLC P.O. Bow 49820 Charles A.oga Athens, GA 30604 (Please print d sign in ink) Respondent Phone Number:. Respondent FAX Number: 706-395-5804 706-548-8099 Respondent Federal I.D. Number: Respondent E-mail Address: 26-0768529 cahogan@cloverleafgroup.co RESPONDENTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE You PHONE: 678,242,25001 FAX: 67&242.2499 '' rnwa una - * C'i7rlct rd Cif Into$c1 ofmIIIon o.us I www.cltyolmilton a.us Community r lfall� u( 13000 Deerfield arkway,Suite 107 1 01tonOA30004 ��`a�alptt��� TABLE OF CONTENTS A. Company and Design Team B. Work Plan C. Related Projects and References D. Statement of Suitability CITY OF MILTON DISCLOSURE FORM [MUST BE RETURNED WITH PROPOSAL] This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Respondent The CloverLeaf Group, LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description N/A Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: N/A 411 Page 14-PW9 Ml LTON' , RFP# 14-PW9 PROPOSAL LETTER [MUST BE RETURNED WITH PROPOSAL] We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) — Crabapple Pavilion Design -Build. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. C� Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 1 Datviewe PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. [SIGNATURE ON THE FOLLOWING PAGE] 42 1 Page 14-PW9 Ml [TON'S Authorized Signature Print/Type Name Ch Print/Type Company Name Here Date 7/9/14 The Cloverleaf Group 43 1 Page 14-PW9 [BIDDERS MUST RETURN THESE SHEETS WITH PROPOSAL] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): The Cloverleaf Group, LLC SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company 2100 Fleur Dr., Des Moines, IA 50321 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: 7-10-14 Crabapple Pavilion Design Build: BOND BOND NUMBER: CL0002 DATE (Not later that Bid due date): 7-10-14 PENALSUM: five (5) Percent of Bid (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER The Cloverleaf Group. LLC 9 Att st��o� a Signature and Title: /�- '4C✓Qt. SURETY MER6HANTS SONDINQ COMPANY (Seal) urety's Name and Corporate Seal CHARLES W. SEILER ATTORNEY. IN -FACT By: GA $ 414595 Signat and Title; ( ach wer rney) SEACREST PARTNERS Attes 1001 WHITAKER STREET natur an le: SAVANNAH, GA 31401 912-544-1909 44 ( Page 14-PW9 45 J RFP 14-PW9 Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond, (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to In writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof), 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. S. 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. 46 ( RFP 14-PW9 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 setforth 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. MERCHANT'S BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duty organized under the laws of the State of Iowa (herein collectively called the 'Companies-), and that the Companies do hereby make, constitute and appoint, individually, David E. Paddison, M. Deborah Rich, Charles W. Seiler of Savannah and State of Georgia their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ONE MILLION ($1,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 61h day of July -,.,,,t,.,.. STATE OF IOWA COUNTY OF POLK ss. 10N4(''' 0 w zco� ;C) ' �'�knn uuttNN. ••4���P0 °p• •F _o- . a ' 1933 , 2012 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC, By 7,7x, President On this 6th day of July 1 2012 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument Is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Wnereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, towa, the day and year first above written. MARANDA GREENWALT x F Commission Number 77012 cwr My Commission (Expires 000491!28,2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies. which is stilt in full force and effect and has not been amended or revoked. In Witness Whereof, t have hereunto set m hand and affixed the seal of the Companies on this 10thday of July 2074 POA 0014 (11/11) •�o�4p1Pt19 'dy• . y 1933 Secretary 47 { RFP 14-PW9 EXHIBIT" " CONTRACTOR AFFIDAVIT AND AGREEMENT [MUST BE RETURNED WITH PROPOSAL] STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned DB 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 DB will continue to use the federal work authorization program throughout the contract period and the undersigned DB will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the DB with the information required by O.C.G.A. § 13-10-91(b). DB hereby attests that its federal work authorization user identification number and date of authorization are as follows: CHOG5389 eVerify Number 8-1-09 Date of Authorization The Cloverleaf Group Name of Contractor Crabapple Pavilion Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Julu 9, 2014 in Athd''tr�), Ga (state). Signature of Authorized cer or Agent Charles A. Hogan — Principal Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 9_ DAY OF July 2014. t``'�tttltttlil�H,t! : -Af-a0 NOTARVCJ,I'�pTA,t?,�. •<{ [h1OTAf', 0=; U tion=q- ,�p Q� My CommissK}p�}EWpH 1 - 17 -• 1� 7911- ��� 48 1 RFP 14-PW9 QUALIFICATIONS SIGNATURE AND CERTIFICATION [MUST BE RETURNED WITH PROPOSAL] 1 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 violAtd in anv respect. Authorized Signature�A,,(`J� -, Date July 9, 2014 Print/Type Name Charles A. I an Print/Type Company Name Here The Cloverleaf Group CORPORATE CERTIFICATE I, Charles A. Hogan 'certify that I am the Secretary of the Corporation named as DB in the foregoing bid; that en cs n( who signed said bid in behalf of the Contractor, was then (title) S z FeT`vj f 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 Georgia This 9 day of July 20 14 al) Corporate Profile The CloverLeaf Group, LLC. is a construction firm based in Athens, GA. Here at Cloverleaf we are dedicated to building exceptional projects through creative design & detailed efficiency. The Team combines our experiences to allow the capacity for management of all facets of the development & construction process. The CloverLeaf approach combines creative thinking & historical detail with resourceful proficiency to deliver an exceptional product. The management team is actively involved in all phases of the construction process. We work closely with our clients to build relationships and understand the true delineation of their foresight for a project. Quality customer service is vital to recurrent business and a large part of our work is obtained through our relationships with others. Company Name: The CloverLeaf Group, LLC Telephone Number: 706.395.5804 (fax) 706.549.8099 Primary Contact: Charles A. Hogan — 706.318.7722 Email Address: cahogan@cloverleafgroup.co Corporate Office Address: 325 Tallassee Drive, Athens, GA 30606 Mailing Address: P.O. Box 49820, Athens, GA 30604 Type of Ownership: Limited Liability Company State of Incorporation: Georgia Contract Administrator Connie Hall P.O. Box: 49820 Athens, Ga 30604 P: 706.395.5804 Ext: 708 F: 706.549.8099 Insurance Company: Jp Capital & Insurance Kathy Harper P.O. Box: 767 Jackson, Ga 30233 P: 770.775.4880 F: 770.775.2406 Bonding Company: Account Executive Project Contact C.A. Hogan P.O. Box: 49820 Athens, Ga 30604 P: 706.318.7722 F: 706.549.8099 Seacrest Partners, Inc. Charles Seiler 1001 Whitaker St. Savannah, Ga 31401 P: 912.544.1909 F: 912.544.1901 Banking Company: The National Bank of Georgia Colin Stokes 2234 West Broad St. Athens, Ga 30606 P: 706.316.9087 F: 706.549.8789 A. CloverLeaf Company History The CloverLeaf Group was started in 2007 by C.A. Hogan & Ashley Hill during a very slow period in the construction industry. Together they brought an extensive knowledge of the construction world merged with experience in all facets of the business. From design and permitting to development & build -out. We have largely grown our business from owner satisfaction with word of mouth referrals and have the honor of working with several unique and successful entreprenuers. CloverLeaf brings a creative mindset, an efficient & thorough process and the utmost in quality and dollar value. We have seen year to year growth and expansion in our company and have completed projects in multiple property types. Services Provided: Preconstruction & Construction Services (C.A. Hogan -Point for DB) Experience and Qualifications Success in our industry demands continuous innovation, adaptability, and creativity. An organization that can develop, nurture, and manage new ideas, technologies and resources can accommodate the ever-changing needs of its clients. By providing a wide range of services, utilizing talented professionals and sophisticated technical resources, Cloverleaf can deliver superior value and versatility to any project we take on. ➢ Conceptual Design ➢ Feasibility Analyses ➢ Pro -Forma Modeling ➢ Project Design ➢ Efficiency Planning ➢ Planning & Permitting ➢ Budget Development ➢ Hard Costing ➢ Value Engineering ➢ Bid Management A RFI & Submittal Mgmt. ➢ Open Book Accounting ➢ Vendor Terms ➢ Scheduling ➢ Safety Protocol ➢ Site Work ➢ Construction ➢ Close -Out Documentation We are a Commercially Licensed General Contractor in the State of Georgia. The CloverLeaf Group has not been involved in any litigation with an Owner or Architects during the past Five (5) years. Our firm has never been removed from a contract for cause or failed to complete a contract as awarded. Market Types ➢ Restaruants ➢ Education ➢ Hospitality ➢ Industrial ➢ Retail ➢ Clubhouse A Athletics ➢ Roads/Infrastructure ➢ Office Space ➢ Multifamily ➢ Corporate ➢ Streetscapes ➢ Gyms ➢ Condos A Education ➢ Religious ➢ Medical ➢ Amenities 4 ➢ Townhomes ➢ Municipal E+E Architecture Company History E+E Architecture Inc. focuses on delivering great architecture and interior design projects throughout the Southeast and beyond. We are located in the vibrant town of Athens, Georgia and have been practicing architecture and serving our clients for over a decade. Our firm works on a wide variety of projects both big and small and we are equal parts preservationists and innovators. We think that great clients lead to great projects and our goal for every project is to improve the way our clients inhabit the space. Services we provide include full - spectrum Architectural solutions, Interior Design, Space Planning and Owners Representation. Company Name: E+E Architecture, Inc. Telephone Number: 706.850.1330 (fax) 888.533.3946 Primary Contact: Charles A. Hogan — 706.318.7722 Email Address: katrina@enearchitecture.com Corporate Office Address: 297 Prince Ave. St. 28B Athens, Ga 30601 Type of Ownership: Incorporation State of Incorporation: Georgia Services Provided: Full design services & Submittal Process (Site, Architectural, Structural & MEPs) M Design Build Team Members C.A. Hogan (Andy), CEO/Project Manager —100% time to project (Point Person) Education/Certifications: General Business, University of Georgia Licensed General Contractor: GCQA004203 GA Licensed Real Estate Level IA Erosion Control Certification Certified Earthcraft Builder Technology Skills: MPP, Softplan, CAD, MS Suite, Gimp 2.6, UDA Tech EMerience: Preconstruction, Concepts & Design, Feasibility & Costing, Planning & Permitting, PM Mgmt.,Sitework/Infrastructure/Utilities, New Construction, Interior Fit -up Ashley D. Hill, Superintendent —100% time to project Education/Certifications: General Business, University of Georgia Licensed General Contractor: GCQA004203 Technology Skills: MPP, MS Suite, UDA Tech Project Experience: Preconstruction, Concepts & Design, Feasibility & Costing, Planning & Permitting, PM Mgmt., Sitework/hlfxastructure/Utilities, New Construction, Interior Builds Drew Wren, Senior Principal/Cost Estimator — 50% time to project Education/Certifications: Technology Skills: General Business, Georgia Southern OSHA Safety Certified First Aid & CPR MPP, MS Suite, UDA Tech, Project Ex erience: Preconstruction, Concepts & Design, Feasibility & Costing, Planning & Permitting, PM Mgmt., Sitework/Infrastructure/Utilities, New Construction, Interior Builds Katrina Evans, Senior Principal/Architect & LEED A.P. — 80% Time to Project Katrina Evans will serve the architect of record. Ms. Evans has extensive architecture and construction experience. She formed E+E after working for large architecture firms in Atlanta and New York and most recently working for a large medical institution in Athens. She has diverse experience serving as the architect of record, owner's representative, planning equipment and analyzing building code design and compliance. Her experience working as the Architect within a large medical institution has given her a unique perspective that transcends typical architecture. Specific Project Responsibilities: Katrina Evans will work along side Chris Evans on the project from project from Project Initiation to Closeout. Though Ms. Evans is a Principal at E+E Architecture, she is also a "working" architect, drawing and detailing on the project, as well as serving as the point of communication for the design staff and our team. Ms. Evans will also provide oversight and coordination with respect to Pre -Construction services and Construction, ensuring that the owners project budget, timeline and goals are met. A5 — The CloverLeaf Group has not been involved in any litigation with an Owner or Architects during the past Five (5) years. A6 — Our firm has never been removed from a contract for cause or failed to complete a contract as awarded. A6 — We certify that all of the Design Team has valid & current licenses. A7 - See attached Georgia General Contractor's license. License # GCCO004198 3ove is your license issued by the Georgia State Board of Residential and General Contractors. A pocket -sized license card is below. ease make note of the expiration date on your license. It is your responsibility to renew your license before it expires. License renewals 3,y be completed prior to the expiration date via the Board's website or by obtaining a paper renewal fiom the Board office. :minder: It is your responsibility to keep your insurance current. Please provide the Board with a copy of your Certificate of Insurance ch time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. is the licensee's responsibility to notify the board office immediately of any change of name or address. You may update your address line at the board's website at www.sos.ga.gov/plb/contractors/, to may contact the Board at: ,ORGIA STATE BOARD FOR RESIDENTIAL & GENERAL CONTRACTORS 7 COLISEUM DRIVE, MACON, GEORGIA 31217-3858 8-207-2440 (phone) website: www.sos.ga.gov/plb/contractors/ STATE OF GEORGIA ogve Brian P. Kemp, Secretary of State Board for Residential and General Contractors General Contractor Company License No. GCC0004198 - Active The CIoverleaf Group LLC 325 Tallassee Road. Athens GA 30604 Issued: 12/16/2013 Expires 6/30/2016 Charles A Hogan Real-time license verification is available ats0s.porgia.gov/P1,13 £ �£ ' STATE OF GEORGIA Brian P. Kemp, Secretary of State Board for Residential and General Contractors General Contractor Company . License No. GCCO004198 Status: Active The Cloverleaf Group LLC 325 Tailassee Road. Athens GA 30604 Expires: 6/30/2016 Issued: 12/16/2013 Charles A Hogan III(lli(1111111IfllllllllllllBllllillllllll(Ill(Illllllllll Real-time license verification is available at sos.georgiagov/PLB 3ove is your license issued by the Georgia State Board of Residential and General Contractors. A pocket -sized license card is below. ease make note of the expiration date on your license. It is your responsibility to renew your license before it expires. License renewals 3,y be completed prior to the expiration date via the Board's website or by obtaining a paper renewal fiom the Board office. :minder: It is your responsibility to keep your insurance current. Please provide the Board with a copy of your Certificate of Insurance ch time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. is the licensee's responsibility to notify the board office immediately of any change of name or address. You may update your address line at the board's website at www.sos.ga.gov/plb/contractors/, to may contact the Board at: ,ORGIA STATE BOARD FOR RESIDENTIAL & GENERAL CONTRACTORS 7 COLISEUM DRIVE, MACON, GEORGIA 31217-3858 8-207-2440 (phone) website: www.sos.ga.gov/plb/contractors/ STATE OF GEORGIA ogve Brian P. Kemp, Secretary of State Board for Residential and General Contractors General Contractor Company License No. GCC0004198 - Active The CIoverleaf Group LLC 325 Tallassee Road. Athens GA 30604 Issued: 12/16/2013 Expires 6/30/2016 Charles A Hogan Real-time license verification is available ats0s.porgia.gov/P1,13 10 Project Work Plan: Design/Preconstruction Period — August 5, 2014 — September 5, 2014 Construction Period — September 8, 2014 — November 28, 2014 2. We work closely with our architect during the design process and are continually costing out each division of the project to insure it is within budget. Prior to construction our staff places strict contracts with each of our subcontractors and vendors to ensure prices hold firm. 3. In our vendor/subcontractor contracts a cost plus % for any changes is clearly stated and our scheduling includes a contingency period. 4.. Our corporate office is operated in the community where we were born and we understand the since of service and economic impact in giving local businesses the full opportunity to participate in projects. A defined scope & bid package is created for each division of work and based of the design phase to ensure all aspect are covered. 5. Our technical experience with Mircrosoft Project is advanced utilized on all of our projects. Paralleling divisions of work is often look over to shorten the project delivery. 6. Each vendor/subcontractor is setup in our system to manage info, insurance and contracts. QuickBooks is utilized in house for all accounting methods. Arbitration is used for any legal issue resolution. 7. We design team will issue and manage a submittal package for all divisions to assure compliance with design & contract documents. Quality control is managed through an ongoing and through inspection process. C. Relevant Project Experience Oak Grove Clubhouse & Amenities: Location: 350 Addison Rd. Athens, Ga 30607 Duration: 2007 Cost: $900K SF: 3,200 Stories: 2 Type of Construction: Wood frame on crawl space Exterior w/ Cedar shingles, Wood stud infill in Interior Service Performed: General Contractor/ Construction Manager (Design Build) Owner: Nick Thompson Owner Rep- 404.931.3434 Architect: Caldwell Cline Architects Description: The Oak Grove Clubhouse architecture is based on the same historical theme that made the Oak Grove Community a cutting edge & award winning project. It is traditionally rich in attributes carries an inviting sense of hospitality. ar Woodlands Pavilion & Clubhouse: Location: San Marcos Texas a N Duration: 2013 Cost: $275K Type of Construction: Wood frame on slab & heavy timber system. Service Performed: Design Services (Design Build) Owner: The Dovetail Companies — 706.372.6570 Architect: E+E Architecture Description: E+E Architecture and our design team of engineers created construction and bid documents for a open-air pavilion and clubhouse for a residential community. E+E also served as the owner's liaison to the authority having jurisdiction. Athens Academy: Location: Athens GA Duration: 2013 Cost: $875K Type of Construction: Wood frame on slab & heavy timber system. Service Performed: Design Services (Design Build) Owner: Athens Academy- 706.549.9225 Architect: E+E Architecture Description: This Project gutted an existing classroom and renovated the space better accommodate teaching styles and evolving students technology. In addition to the interior renovation, an exterior Pavilion was created for the students to study and collaborate. Athens Academy Sports Pavilion: Location: Athens GA Duration: 2013 Cost: $375K Type of Construction: Wood frame on slab & heavy timber system. Service Performed: Design Services (Design Build) Owner: Athens Academy — 706.549.9225 Architect: E+E Architecture Description: E+E Architecture designed an open-air pavilion for recreational sports for the Middle School Students. Restrooms and a plaza were designed adjacent to the pavilion. This project is currently in the fundraising process. 10 A Statement of Suitability D-1 We are a firm that truly embodies the essecence of customer service as our philosopy is all about the client. To truly go above and beyond is always our approach from the early stages of preconstruction through the delivery of final product. We work tirelessly in the preconstruction stages to allow the project the chance for ultimate success. Value engineering, detailed specification and scope, proper scheduling and a rigourous pricing phase allows us to AlwaYs be upon the most competitive. CloverLeaf is based out of Athens, Ga and a place where we carry extremely strong relationships. This project is a 15 minute shot from our shop and home office. Our workload carries several projects that are on the latter stage so this project would flow seamlessly into our schedule. D — 2 Our firm works with a very diverse base of design team members, sub -contractors, consultants and clients. While our clients are always first we believe that business should be good for all parties involved. Our corporate office is operated in the community where we were born and we understand the since of service and economic impact in giving local businesses the full opportunity to participate in projects. Safety is also a most important factor in a company and projects success and we take it seriously. A site & project safety specific plan is developed for each project we take on. A plan to deal with any erosion or other environmental concerns is placed specific to each project as well. D -3 We carry BIM capabilities which has become more and more vital to the overall success of Design -Build projects. It allows for many capabilities including spotting potential issues and Crossing I's and Dotting T's. A member of our staff is LEED Certified and will be a part of the design process and allow for basic LEED principals to be employed. 11 Fee and General Conditions Proposal [MUST BE RETURNED WITH PROPOSAL IN SEPARATE SEALED ENVELOPE] A. Design and Permitting Services Fee The City shall pay to the RESPONDENT a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. The respondent shall include with the requirements described in Section 3.1(A), a fixed cost for the Design Services and a fixed cost for the Pre -Construction Services. The Cost Proposals shall be lump sums covering all of the respondent's expected costs to complete the work including the Consultant's personnel fees and "reimbursable expenses" and the fees and expenses of all sub -consultants. The Cost Proposals shall be based on the scope of work described herein and in the sample contract, and shall not be qualified or subject to exceptions. Description Unit Total Design Services Fee Lump Sum 25,835 B. Preconstruction Services Fee For the preconstruction services provided by the RESPONDENT, as set for in the General Requirements, the City shall pay to the RESPONDENT a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. Description Unit Total Preconstruction Fee Lump Sum 3,500 C. General Conditions The City shall pay to the RESPONDENT a fixed, lump sum fee for General Conditions associated with this project. The RESPONDENT shall provide an itemized breakdown of all services and fees included in the General Conditions.. The General Conditions fee shall include all direct, indirect and incidental fees and expenses, project supervision (Executive manager, Project Manager, Assistant Project Manager, Project Engineer, Project Superintendent, etc...) site office and associated costs (trailer rental, telephone, temporary sanitary facilities, 35 1 Page 14-PW9 M1ITONI ice, water, computers, power, etc...), supplies, delivery services (FedEx, UPS, etc...) cell phones, radios and other items necessary for the completion of this project. Description Unit Total General Conditions Lump Sum 46,500 D. Construction Services Fee The City shall pay to the RESPONDENT a fixed, lump sum fee for construction services. The RESPONDENT shall provide an itemized breakdown of all services and fees included in the General Conditions. Description Unit Total Construction Services Fee Lump Sum 43,500 E. Construction Fee The City shall pay to the Respondent a fee not to exceed the following amount for the construction of the facility. It shall be understood by both parties that this figure is based on the schematic design provided herein and that prior to construction the City and the Respondent shall agree on a final lump sum fee based on the final design drawings. Any amount less than the Not to Exceed figure provided below shall be returned to the city to be used at the City's discretion. Description Unit Total Cost of Construction Not to Exceed 380,365 36 1 Page 14-PW9 M The undersigned bidder, having familiarized themselves with the work required by the RFP, the proposal documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Project Price is the sum of A-E above: Description Fee A. Design Services Fee 25,835 B. Preconstruction Services Fee 3,500 C. General Conditions 46,500 D. Construction Services Fee 43,500 E. Cost of Construction 380,542 Total Fee (Sum of A-E) 499,877 Print/Type Company Name Here: The CloverLeaf Group Authorized Signatu Print/Type Name Andy Hogan Print/Type Title CEO 7.9.14 _ 37 Pa;e 14-PW9 711 TO N'�' 2 WORK DIVISION SITE WORT{ C1overLeaf Group, Inc. EStimafe Gene_r-a/ Summary Milton Y July 10, 2014 FLOOR AREA (SF): LABOR i TOTAL $46,360.00 846,360.00 3,500 S/SF $13.25 12.18% 3 CONCRETE $18,130.00 518,130.00 $5.18 4.76% 4 MASONRY 57,152.00 57,152.00 $2.04 1.88% 5 METALS $2,300.00 52,300.00 $0.66 0.60% 6 WOOD & PLASTICS $105,025.00 $105,025.00 $30.01 27.60% 7 THERMAL & MOISTURE $43,809.00 $43,809.00 $12.52 11.51% 8 DOORS & WINDOWS $8,583.00 58,583.00 $2.45 2.26% 9 FINISHES $30,211.00 $30,211.00 $8.63 7.94% 10 SPECIALTIES $38,622.00 538,622.00 $11.03 10.15% 15 MECHANICAL SYSTEMS $19,550.00 519,550.00 $5.59 5.14% 16 ELECTRICAL $29,000.00 $29,000.00 $8.29 7.62% 17 MISC. / OTHER CATEGORY SUBTOTALS: $348,742.00 8348,742.00 $99.64 91.64°/a Building Permits & Fees 20,800.00 $5.94 5.47% Builder's Risk Insurance 2,500.00 $0.71 0.66% TOTAL COST OF WORK: 372,042.00 5106.30 97.77% Performance & Payment Bond 8,500.00 $2.43 2.23% I GRAND TOTAL 380,542.00 $108.73 /SF I 7/10/2014 "EXHIBIT U [RESERVED] 58 "EXHIBIT D" [RESERVED] 59 "EXHIBIT E" [PAYMENT SCHEDULE] CC��F'Y Fee and General Conditions Proposal [MUST BE RETURNED WITH PROPOSAL IN SEPARATE SEALED ENVELOPE] A. Design and Permitting Services Fee The City shall pay to the RESPONDENT a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. The respondent shall include with the requirements described in Section 3.1(A), a fixed cost for the Design Services and a fixed cost for the Pre -Construction Services. The Cost Proposals shall be lump sums covering all of the respondent's expected costs to complete the work including the Consultant's personnel fees and "reimbursable expenses" and the fees and expenses of all sub -consultants. The Cost Proposals shall be based on the scope of work described herein and in the sample contract, and shall not be qualified or subject to exceptions. Description Unit Total Design Services Fee Lump Sum 25,835 B. Preconstruction Services Fee For the preconstruction services provided by the RESPONDENT, as set for in the General Requirements, the City shall pay to the RESPONDENT a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. Description Unit Total Preconstruction Fee Lump Sum 3,500 C. General Conditions The City shall pay to the RESPONDENT a fixed, lump sum fee for General Conditions associated with this project. The RESPONDENT shall provide an itemized breakdown of all services and fees included in the General Conditions.. The General Conditions fee shall include all direct, indirect and incidental fees and expenses, project supervision (Executive manager, Project Manager, Assistant Project Manager, Project Engineer, Project Superintendent, etc...) site office and associated costs (trailer rental, telephone, temporary sanitary facilities, 35 1 Page 14-PW9 ice, water, computers, power, etc...), supplies, delivery services (FedEx, UPS, etc...) cell phones, radios and other items necessary for the completion of this project. Description Unit Total General Conditions Lump Sum 46,500 D. Construction Services Fee The City shall payto the RESPONDENT a fixed, lump sum fee for construction services. The RESPONDENT shall provide an itemized breakdown of all services and fees included in the General Conditions. Description Unit Total Construction Services Fee Lump Sum 43,500 E. Construction Fee The City shall pay to the Respondent a fee not to exceed the following amount for the construction of the facility. It shall be understood by both parties that this figure is based on the schematic design provided herein and that prior to construction the City and the Respondent shall agree on a final lump sum fee based on the final design drawings. Any amount less than the Not to Exceed figure provided below shall be returned to the city to be used at the City's discretion. Description Unit Total Cost of Construction Not to Exceed 380,365 36 1 Page 14-PW9 M I LTO N'' The undersigned bidder, having familiarized themselves with the work required by the RFP, the proposal documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Project Price is the sum of A-E above: Description Fee A. Design Services Fee 25,835 B. Preconstruction Services Fee 3,500 C. General Conditions 46,500 D. Construction Services Fee 43,500 E. Cost of Construction 380,542 Total Fee (Sum of A-E) 499,877 Print/Type Company Name Here: The Cloverleaf Group Authorized Signatu Print/Type Name Andy Hogan Print/Type Title CEO 7.9.14 37 1 Page 14-P4V9 M I I RY �` 2 WORK SITE WORK 00 CloverLeaf Group, Inc. Estimate Gene_r-a/ Summary Milton July 10, 2014 FLOOR AREA (SF): i $46,360.00 $46,360.00 3,500 $13.25 12.18% 3 CONCRETE $18,130.00 $18,130.00 $5.18 4.76% 4 MASONRY $7,152.00 $7,152.00 $2.04 1.88% 5 METALS $2,300.00 $2,300.00 $0.66 0.60% 6 WOOD & PLASTICS $105,025.00 $105,025.00 $30.01 27.60% 7 THERMAL & MOISTURE $43,809.00 $43,809.00 $12.52 11.51% 8 DOORS & WINDOWS $8,583.00 58,583.00 $2.45 2.26% 9 FINISHES $30,211.00 $30,211.00 $8.63 7.94% 10 SPECIALTIES $38,622.00 $38,622.00 $11.03 10.15% 15 MECHANICAL SYSTEMS $19,550.00 $19,550.00 $5.59 5.14% 16 ELECTRICAL $29,000.00 $29,000.00 $8.29 7.62% 17 MISC. / OTHER CATEGORY SUBTOTALS: S348,742.001 S348,742.00i $99.64 91.64% Building Permits & Fees 20,800.00 $5.94 5.47% Builder's Risk Insurance 2,500.00 $0.71 0.66% TOTAL COST OF WORK: 372,042.00 $106.30 97.77% Performance & Payment Bond 8,500.00 $2.43 2.23% I GRAND TOTAL 380,542.00 $108.73 / SF I 7/10/2014 "EXHIBIT F" Required Insurance (1) Requirements: The Design/Builder 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 Design/Builder, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney and/or Risk Manager 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: Design/Builder shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive Commercial Automobile Liability coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by the Design/Builder's errors, omissions, or negligent acts. (d) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Design/Builder is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Design/Builder must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Design/Builder shall provide a am certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: Design/Builder shall provide a Builder's Risk Insurance Policy to be made payable to the City and Design/Builder, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder's Risk "All Risk," or its equivalent. The policy shall provide, or be endorsed to provide, as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by agents or lessees, or other Design/Builders of the City or Using Agency." (f) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Design/Builder; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Design/Builder; products and completed operations of the Design/Builder; premises owned, leased, or used by the Design/Builder; automobiles owned, leased, hired, or borrowed by the Design/Builder. The coverage shall contain no special limitations on the scope of protection 63 afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Design/Builder to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Design/Builder's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Design/Builder's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Design/Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Design/Builder for the City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Design/Builder for the City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non- payment) has been given to the City. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. 64 (5) Acceptability of Insurers: The insurance to be maintained by Design/Builder must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurers with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rating of Class VI or greater. The Design/Builder shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Design/Builder shall furnish the City with certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement along with the declarations page for each insurance policy listed on the certificate of insurance within ten (10) days of the Notice of Award, and such documents must be approved by the City before commencement of the Work. Without limiting the general scope of this requirement, Design/Builder is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The certificates of insurance, endorsements and declarations page shall be furnished on a form utilized by Design/Builder's insurer in its normal course of business. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Design/Builder 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: Design/Builder 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 Insured Parties as additional insureds. (8) Claims -Made Policies: Design/Builder shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the date of the Design/Builder's initial contract date with the City. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies 65 required by this Agreement, except the City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Payments: The making of progress payments to the Design/Builder shall not be construed as relieving the Design/Builder or its subcontractors or insurance carriers from providing the coverage required in this Agreement. "EXHIBIT G.l" PERFORMANCE BOND CITY OF MILTON KNOW ALL MEN BY THESE PRESENTS THAT (as DESIGNBUILDER, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "DESIGN/BUILDER'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit the City, in the sum of four hundred ninety nine thousand eight hundred seventy seven Dollars ($499,877.00), lawful money of the United States of America, for the payment of which the Principal and the Design/Builder'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 , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as the Crabapple Pavilion, (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 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 Design/Builder's Surety shall 67 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 or default of the Contract: a. The Design/Builder's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Design/Builder's Surety; and b. The means, method or procedure by which the Design/Builder's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Design/Builder'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. 68 IN WITNESS WHEREOF, the Principal and Design/Builder's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this Attest: Title: Date: Attest: Title: Date: (signature) (print) (signature) (print) day of , 20 DESIGN/BUILDER ("Principal"): The Cloverleaf Group, LLC Title: DESIGN/BUILDER'S SURETY: IN Title: (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) _ (SEAL) (signature) (print) (SEAL) "EXHIBIT G.2" PAYMENT BOND CITY OF MILTON KNOW ALL MEN BY THESE PRESENTS THAT (as DESIGNBUILDER, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "DESIGNBUILDER'S SURETY"), are held and firmly bound unto City of Milton (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of four hundred ninety nine thousand eight hundred seventy seven Dollars ($499,877.00), lawful money of the United States of America, for the payment of which the Principal and the Design/Builder'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 day of 20_, which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), for the construction of a project known as the Crabapple Pavilion, (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 70 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 Design/Builder'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 Design/Builder'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_ DESIGNBUILDER: The Cloverleaf Group, LLC Title: 71 (signature) (printed) (SEAL) Attest: Title: Date: Attest: Title: Date: (Signatures Continued from Previous Page) (signature) (printed) DESIGN/SUILDER'S SURETY: IM Title: (signature) (printed) (ATTACH SURETY'S POWER OF ATTORNEY) 72 (signature) (printed) (SEAL) "EXHIBIT H" STATE OF GEORGIA COUNTY OF FULTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of 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). The undersigned contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization The Cloverleaf Group, LLC Name of Contractor Crabapple Pavilion Name of Project The City of Milton Name of Public Employer 73 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 20_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Notary Public [NOTARY SEAL] My Commission Expires: STATE OF GEORGIA COUNTY OF FULTON "EXHIBIT I" 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 The Cloverleaf Group, LLC on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Crabapple Pavilion Name of Project The City of Milton Name of Public Employer 74 I hereby declare under penalty of perjury 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: CEIL6 �A �SS "EXHIBIT J" [ASBESTOS SURVEY] Prepared for Universal Engineering Sciences PROJECT: Crabapple Community Center, 1640.140 14131.000 ? CEI LAB CODE: A14-6444 DATE ANALYZED: 05120114 # SAMPLES >1% ASBESTOS: 15 11111111191"W"Em." I �11111 75 CEILS PROJECT: Crabapple Community Center; 1640.1400031.0000 Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY METHOD: EPA 600 / R93 / 116 and EPA 6001 M4-82 1020 CEI LAB CODE: A14-6444 ASBESTOS ClientID Layer Lab ID Color Sample Description % VCT -1 A1722060A Tan,Off-white Floor Tile None Detected A1722060B Black Mastic VCT -2 A1722061A Tan,Off-white Floor Tile None Detected A1722061 B Black Mastic VCT -3 A1722062A Tan,Off-white Floor Tile None Detected ACT -3 A1722062B Black Mastic None Detected VCT -4 A1722063A Tan Floor Tile + A1722063B Black Mastic + VCT -5 A1722064A Tan Floor Tile A1722064B Black Mastic VCT -6 A1722065A Tan Floor Tile A1722065B Black Mastic VCT -7 A1722066A Black Floor Tile A1722066B Black Mastic VCT -8 A1722067A Black Floor Tile + A1722067B Black Mastic VCT -9 A1722068A Black Floor Tile A1722068B Black Mastic ACT -1 A1722069 White,Tan Ceiling Tile None Detected ACT -2 A1722070 White,Tan Ceiling Tile None Detected ACT -3 A1722071 White,Tan Ceiling Tile None Detected R-1 A1722072 Brown,Black Shingle None Detected R-2 A1722073 Brown,Black Shingle None Detected R-3 A1722074 Brown,Black Shingle None Detected Page 1 of 1 ti ASBESTOS BULK ANALYSIS C E I " �-'S7's By: POLARIZING LIGHT MICROSCOPY Client: Universal Engineering Sciences CEI Lab Code: A14-6444 3040 Business Park Drive - Suite F Date Received: 05-19-14 Norcross , GA 30071 Date Analyzed: 05-20-14 Date Reported: 05-20-14 Project: Crabapple Community Center; 1640.1400031.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % VCT -1 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl None Detected A1722060A Tan,Off-white 15% Calc Carb Non-fibrous 10% Binder Bound A1722060B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -2 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl None Detected A1722061A Tan,Off-white 15% Calc Carb Non-fibrous 10% Binder Bound A1722061 B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -3 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl None Detected A1722062A Tan,Off-white 15% Calc Carb Non-fibrous 10% Binder Bound A1722062B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -4 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl 2% Chrysotile A1722063A Tan 15% Calc Carb Non-fibrous 8% Binder Bound Page 1 of 5 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY CEIL=A�S Client: Universal Engineering Sciences CEI Lab Code: A14-6444 3040 Business Park Drive - Suite F Date Received: 05-19-14 Norcross , GA 30071 Date Analyzed: 05-20-14 Date Reported: 05-20-14 Project: Crabapple Community Center; 1640.1400031.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client Ip Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % A1722063B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -5 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl 2% Chrysotile A1722064A Tan 15% Calc Carb Non-fibrous 8% Binder Bound A1722064B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -6 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl 2% Chrysotile A1722065A Tan 15% Calc Carb Non-fibrous 8% Binder Bound A1722065B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -7 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl 5% Chrysotile A1722066A Black 15% Calc Carb Non-fibrous 5% Binder Bound A1722066B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound Page 2 of 5 _ ASBESTOS BULK ANALYSIS , By: POLARIZING LIGHT MICROSCOPY CEIL Client: Universal Engineering Sciences CEI Lab Code: A14-6444 3040 Business Park Drive - Suite F Date Received: 05-19-14 Norcross , GA 30071 Date Analyzed: 05-20-14 Date Reported: 05-20-14 Project: Crabapple Community Center; 1640.1400031.0000 ASBESTOS BULK PLM, EPA 600 METHOD jClient!D Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % VCT -8 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl 5% Chrysotile A1722067A Black 15% Calc Carb Non-fibrous 5% Binder Bound A1722067B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound VCT -9 Floor Tile Heterogeneous <1% Cellulose 75% Vinyl 5% Chrysotile A1722068A Black 15% Calc Carb Non-fibrous 5% Binder Bound A1722068B Mastic Heterogeneous <1% Cellulose 75% Mastic 3% Chrysotile Black 22% Binder Non-fibrous Bound ACT -1 Ceiling Tile Heterogeneous 12% Cellulose 3% Paint None Detected A1722069 White,Tan 45% Fiberglass 15% Perlite Fibrous 25% Binder Bound ACT -2 Ceiling Tile Heterogeneous 12% Cellulose 3% Paint None Detected A1722070 White,Tan 45% Fiberglass 15% Perlite Fibrous 25% Binder Bound ACT -3 Ceiling Tile Heterogeneous 12% Cellulose 3% Paint None Detected A1722071 White,Tan 45% Fiberglass 15% Perlite Fibrous 25% Binder Bound Page 3 of 5 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY L7 77 AS SS Client: Universal Engineering Sciences CEI Lab Code: A14-6444 3040 Business Park Drive - Suite F Date Received: 05-19-14 Norcross , GA 30071 Date Analyzed: 05-20-14 Date Reported: 05-20-14 Project: Crabapple Community Center; 1640.1400031.0000 ASBESTOS BULK PLM, EPA 600 METHOD Ghent ID Lab Lab NON ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous R-1 Shingle Heterogeneous 10% Cellulose 10% Gravel None Detected A1722072 Brown,Black 35% Fiberglass 40% Tar Fibrous 5% Binder Bound R-2 Shingle Heterogeneous 10% Cellulose 10% Gravel None Detected A1722073 Brown,Black 35% Fiberglass 40% Tar Fibrous 5% Binder Bound R-3 Shingle Heterogeneous 10% Cellulose 10% Gravel None Detected A1722074 Brown,Black 35% Fiberglass 40% Tar Fibrous 5% Binder Bound Page 4 of 5 CEIL A'BS LEGEND: Non-Anth = Non-Asbestiform Anthophylite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 The detection limit for the method is <1 % by visual estimation and 0.25% by 400 point counts or 0.1 % by 1,000 point counts. Due to the limitations of the EPA 600 Method, nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarizing light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. CEI Labs, Inc. can perform positive stop analysis if requested by customer. However, it is the responsibility of the customer to determine if the samples grouped together are in fact the same type of material and belong to the same homogeneous area. This report may not be reproduced, except in full, without written approval by CEI LABS. CEI LABS makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U. S. Government. ANALYST:a&U'A'0—j APPROVED BY: l Ritika Seal INV( Ah NVLAP Lab Code 101768.0 Tianbao Bai, Ph.D. Laboratory Director CEI Labs, 107 New Edition Court, Cary, NC 27511, Phone: (866) 481-1412 Page 5 of 5 CEI SAMPLING FORM .COMPANY CONTACT INFORMATION Company: Universal Engineering Sciences ,Job Contact: Jeffery Goodyear Project Name: C i C E I 107 New Edition Court, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY .COMPANY G6NTACT W"FO MATit3N Company: Universal Engineering Sciences, Inc. Client#: Address: 3040 Business Park Drive Job Contact: Jeffery Goodyear Suite F Email:jgoadyear@universalengineering.com Norcross, GA 30071 Tel. (770) 242-6438 Project Name: &rcppje Fax: Project ID #: wgo, ►4t')663 1 d CS 1 P.O. #: PLM BULK EPA 600 U U L1 LJ U U U PLM POINT COUNT (400) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT (1000) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAVIMETRIC EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAV w POINT COUNT EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PCM AIR NIOSH 7400 1—:1i El El El E] EJ❑ TEM AIR AHERA 0 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPA Level Il ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM D6480-05 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM D5755-03 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM QUALITATIVE CEI LABS ❑ ❑ ❑ ❑ ❑ ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEAD PAINT 'METHOD 4 HR* ; 8 HR* 't2 HW 24 HIR 2 DAY" 3 6AY s DAY LEAD PAINT LEAD WIPE EPA SW846 70008 EPA SW846 7000B LEAD SOIL EPA SW846 7000B LEAD AIR NIOSH 7082 OTHER: w- 5151 y q:"o REMARKS: Accept Samples ❑ Reject Samples Relinquished By: Date/Time Received Date/Time w- 5151 y q:"o -Call to confirm RUSH analysis. Samples will be disposed of 30 days after analysis CEI FORM # VERSION "EXHIBIT K" KEY PERSONNEL The following individuals are designated as Key Personnel under this Agreement and as such are necessary for the successful prosecution of the Work: None identified. 76 "EXHIBIT V Warranty The Design/Builder warrants to the City that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse or modifications not executed by the Design/Builder or an employee/subcontractor/sub- subcontractor thereof. Except as may be otherwise specified or agreed, the Design/Builder shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year(s) from the date of Final Completion at no additional cost to the City. Further, Design/Builder shall provide all maintenance services, including parts and labor, for one (1) year(s) from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one (1) -year general warranty period to identify any issues that must be resolved by the Design/Builder. After the expiration of such warranty period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of such warranty period shall not affect the Design/Builder's continued liability under an implied warranty of merchantability and fitness. All other warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond the one (1) -year warrant period. City may purchase additional maintenance services from the Design/Builder upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. 77 "EXHIBIT M" [[RESERVED] 78 "EXHIBIT N" [RESERVED] 79 6 Section 4. Contract Term; A. Contract Periods/Contract Term. Design/Builder warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Design/Builder shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” provided by the City (the “Commencement Date”), and the Parties intend that all Work shall be completed on or before December 8, 2014 (the “Expected Date of Completion”). Every effort will be made by Design/Builder to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Design/Builder at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Design/Builder until fully paid for by the City. B. Construction Schedule and Schedule of Submittals. The Design/Builder, promptly after being awarded the Work, shall prepare and submit for the City’s approval a design/construction schedule. The schedule shall not exceed time limits provided in the Contract Documents, shall be related to the entire Project, and shall provide for expeditious and practical execution of the Work. The Design/Builder shall prepare and keep current, for the City’s approval, a schedule of submittals which is coordinated with the Design/Builder’s design/construction schedule and allows the City reasonable time to review submittals. Upon receiving written approval of the design/construction schedule and schedule of submittals, these schedules are incorporated by reference into the Contract Documents without further action being required. C. [Reserved] D. Expediting Completion. The Design/Builder is accountable for completing the Work within the time period provided in the Contract Documents, or as otherwise amended by a change order. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Design/Builder, when so informed by the City, shall immediately take action to increase the rate of work placement by: (i) An increase in working forces; (ii) An increase in equipment or tools; HOME01" JEBEST ti.�;E.iAI. Tti CF 1.IFc IN ,:,K),C;IA' IM I tT0 N11P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 28, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and NOVA Engineering and Environmental, LLC for Geotechnical Monitoring and Testing Services at Bell Memorial Park MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: kYES () NO APPROVAL BY CITY ATTORNEY 0,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 91-*Yaun PHONE: 678.24225001FAX: 678.242.2499 "Green�0 1nfo@cityofmi1tonga.us I www.cltyofmiltonga.us st® Community 4E�h1C5 1 13000 Deerfield Parkway, Suite 107 1 Miltor GA 30004 ""`" %-11;s To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on August 27, 2014 for the September 8, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and NOVA Engineering and Environmental, LLC for Geotechnical Monitoring and Testing Services at Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This contract is to provide geotechnical monitoring and testing services for the expansion work being performed at Bell Memorial Park. In accordance with the city’s procurement process a Request for Proposals (RFP) was issued to provide these services. Eleven proposals were received and the selection committee determined that NOVA’s proposal provided the best value for the city based on both qualifications and price. Staff is recommending approval of the professional services agreement in a not to exceed amount of $75,000. Funding and Fiscal Impact: Funding for this option is available in the revenue bond fund issued for this project. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (8-11-14) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement HOME OF'-, E BFS' Q At 0 LT_ ^ t EO GIA' MIITON%� ESTABLISHED 207 PROFESSIONAL SERVICES AGREEMENT Geotechnical Services for Bell Memorial Park 14-PW10 This Agreement made and entered into this day of , in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and NOVA Engineering and Environmental, LLC ("Consultant") having its principle place of business at 3640 Kennesaw N. Industrial Parkway, Suite E, Kennesaw, Georgia 30144. WHEREAS, the City issued a Request for Proposal (14-PW10, to solicit firms to provide professional geotechnical services; and WHEREAS, based upon Consultant's proposal to provide these services as required by the RFP documents, the City has selected Consultant as the winning bidder; and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A SCOPE OF WORK/REQUEST FOR QUALIFICATIONS EXHIBIT B FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Suite 107F, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed, goods provided, and/or costs incurred by Consultant, based upon the Schedule of Fees included in Exhibit B," upon the City's certification that the services were actually performed, goods actually provided, and/or costs actually incurred in accordance with this Agreement. Compensation for services performed, goods provided 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, goods provided, and/or costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $75,000 (the "Contract Price"), without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the 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. 2.4 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. 2.5 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or 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 City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (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: (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 Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (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. 6.0 Term; Termination The term of this Agreement shall be from the Notice of Commencement as may issued by the City and shall terminate absolutely and without further obligation on the part of the City on December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (3 0) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to December 31, 2015. 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. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on 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: NOVA Engineering and Environmental, LLC 3640 Kennesaw N. Industrial Parkway Suite E Kennesaw, Georgia 30144 Attn: Randall Bagwell 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -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 "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have 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 "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 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 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS their duly auto LE Bagwell Its: President & CEO parties hereto have caused this Agreement to be duly executed by of the day and year set forth next to each signature. [AFFIX CORPORATE SIGNED, SEALED, AND DELIVERED in the pr enc of: Al .: DELAWARE .COMP ly Commission Expires: 1)(-2-C' aC/ CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] EXHIBIT "A" SCOPE OF WORK/REQUEST FOR QUALIFICATIONS FOMEOF'- FTi OF L!FFIN GEORGsA. CITY OF MILTON MILTONII� REQUEST FOR PROPOSAL ESMULIsHED zaar, (THIS IS NOT AN ORDER) RFP Number: RFP Title: 14-PW10 Bell Memorial Park Geotechnical Services Due Date and Time: Public Works Department July 1, 2014 Number of Pages: 33 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: June 9, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.cityofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO RESPONDENTS Return Proposal to: Mark Face of Envelope/Package: Respondent Phone Number: RFP Number: 14-PW10 City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107G June 20, 2014 Milton, Ga. 30004 Email questions to Rick Pearce at rick.pearce@cityofmiltonea.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS RESPONDENTS MUST COMPLETE THE FOLLOWING Respondent Name/Address: Authorized Respondent Signatory: (Please print name and sign in ink) Respondent Phone Number: Respondent FAX Number: Respondent Federal I.D. Number: Respondent E-mail Address: RESPONDENTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE PAC AWAA& ` * Certified PHONE: 678.242.25001 FAX: 678.242.2499 ynaa�xcity of info@cityofrniltongo.us I www.cityofmiltonga,us c.: n,r -> t. o.. sr Community , Ethics �w 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTIFIED BRONZE -. 'n.�'y4L`' 2 1 RFP 14 -PW 10 TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 RFP 14 -PW 10 OFFEROR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City's website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. S. Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssi.doas.state.ga.us/PRSapp/PR_Index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror's Response. 4 1 RFP 14 -PW 10 HOME OF 'THE BE ST QUALITY OF LIF_ IN GEORGIA' M I L ON% ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 ( RFP 14 -PW 10 HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTONi% ESTABLISHED 2006 RFP# 14-PW10 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) — Bell Memorial Park Geotechnical Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. 1 agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. 1 further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Nam Print/Type Company Name Here 6 ( RFP 14 -PW 10 SCHEDULE OF EVENTS FVFNT RFP Issue Date Deadline for Receipt of Written Questions Posting of Written Answers by City to Websites RFP DUE DATE June 9, 2014 5 PM on June 20, 2014 on or about June 23, 2014 No Later than 2 PM on July 1, 2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is accepting sealed Proposals from qualified firms to provide geotechnical engineering services for materials testing and inspections during the renovation of Bell Memorial Park. The firm must comply with the applicable standards of Section 17 of the International Building Code (IBC) and all referenced standards contained therein. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror is selected, offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107G, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via emailto the procurement office referenced above on or before 5 PM on June 20, 2014. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about June 23, 2014. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us or http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp. 8 ( RFP 14 -PW 10 Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than eight (8) single sided pages (four pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: Design Team (2 pages) — include project staffing, qualifications of the design team, and what sets the team apart b. Work Plan (3 pages) — provide an anticipated project schedule, any anticipated challenges, and any innovative approaches c. Related Projects and References (3 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team 5. Applicable Addenda Acknowledgement Forms (if necessary) "Pricing (See Section 5) separately sealed document Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and two (2) copies of each proposal (plus a CD ) should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:00 PM, local time, July 1, 2014. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 pm and names of offerors will be announced. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in 10 1 RFP 14 -PW 10 submitting the proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost- effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement 11 1 RFP 14 -PW 10 office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Rick Pearce for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined 12 1 RFP 14 -PW 10 in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in 13 ( RFP 14 -PW 10 good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 4. Not award if it is in the best interest of the City not to proceed with contract execution; or 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 14 1 RFP 14 -PW 10 SECTION 3: SCOPE OF PROJECT 3.1 PROJECT SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to perform geotechnical testing and special inspection services for the renovation work being performed at Bell Memorial Park. This renovation work consists of the demolition of the existing facilities in the 32.5 acre park and construction of 6 irrigated and lighted playing fields, a concession building, a maintenance building, accessory structures, a playground and all associated infrastructure. The Materials Testing laboratory staff must include a full time registered engineer to provide testing and review services, and testing equipment must be calibrated at reasonable intervals either by National Institute of Standards and Technology ("NIST') or using an NIST established measurement assurance program, under a laboratory measurement quality assurance program. Geotechnical, Materials Testing and Special Inspections services may include: • NPDES tests and Inspections/Monitoring (Level 1B Certification as issued by Georgia Soil and Water Conservation Commission). • Soil testing and inspections • Concrete testing and inspections • Structural steel testing and inspections • Asphalt Paving Inspection and Testing • Masonry testing and inspections • Special Inspections and tests as determined by the design team RESPONSE TIME — Test and test results: The firm selected must be able to commence testing within six (6) hours of notification by telephone by authorized City personnel only. The City will make every attempt to give as much notice as possible and under normal circumstances; such notification shall be twenty-four (24) hours Task 1: Earthwork As requested by the city the selected firm shall provide engineering and testing requirements as needed. At a minimum the city anticipates the following Tasks: 1. A Technician will be on site as requested by the city to conduct in-place density tests on fill and backfill in order to verify compliance with the compaction requirements. 2. Provide laboratory testing of selected fill material at fixed unit rates in accordance with ASTM D-698 (Standard Proctor) testing specifications. This includes graphing of moisture/density curves and soil classifications. 3. A Staff Engineer aided by a Technician will check open footing excavations utilizing a hand auger and dynamic cone penetrometer in order to verify that competent bearing materials are exposed. 15 1 RFP 14 -PW 1 Q Task 2: Concrete 1. A Technician will mold concrete test cylinders for compressive strength testing. The Technician will note and record batch and placement times, mix and air temperature, truck and batch ticket numbers, slump, and location of placement. 2. Laboratory compressive strength testing of concrete cylinder sample sets at unit rates per cylinder. Task 3: Concrete Masonry Units As required by IBC, we will periodically check proportions of site prepared mortar, construction of mortar joints, and location of reinforcement. Task 4: Paving 1. We will assign a Technician to conduct in-place density tests on Graded Aggregate Base (GAB) in order to verify compliance with the compaction requirements. 2. An engineering technician will conduct in-place density tests on the asphalt in order to verify compliance with the compaction requirements. 3. We will obtain asphalt cores for thickness and density testing as per the project requirements. 4. We will obtain asphalt samples from the batch plant to perform bitumen extraction and aggregate gradation. 16 1 RFP 14 -PW 10 SECTION 4: OFFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 17 1 RFP 14 -PW 10 SECTION 5: COST PROPOSAL NOME OF `TNEB=ST QUALITY OF LIFE IN GEORGIA' M1 LTON% ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned offeror, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by the offeror in accordance with the schedule of values provided herein. While fee is an important criterion, a fee skewed unusually low or high relative to the other proposals, or a Consultant's failure to demonstrate the fee is adequate for the required work may result in a reduction in score. Print/Type Company Name Here: Authorized Signature Date Print/Type Name Print/Type Title 18 1 RFP 14 -PW I O COST PROPOSAL INSTRUCTIONS Proposers are to submit one (1) original and two (2) copies of the sealed Cost Proposal, which shall be furnished in a separate package from the Technical Proposal. The envelope/package must be clearly marked on the outside as "COST PROPOSAL - SCHEDULE OF FEES". The Proposer shall include an introduction which outlines the contents of the Cost Proposal. The detailed Cost Proposal Schedule of Fees shall show the hourly rates or unit prices that will be charged for Work to be assigned by task or group of tasks. Professional Personnel rates shall be listed as payroll rates. The Proposer should anticipate that Work done will include any necessary meeting attendance, site Work, Work related travel, preparing reports, administration, etc. Unit prices are all inclusive, including, but not limited to, manpower, overhead, profit, direct expenses, meetings, equipment, and vehicles. b. Provision of a rate or price for any position or item does not guarantee the Proposer Work utilizing that position or item. C. This Cost Proposal will be the basis of cost for individual or groups of tasks requested by the County, and all Work covered under the Scope of Work. d. When requested, the selected Firm(s) shall provide a cost estimate and receive approval from the City prior to initiating work on that task. e. A Proposer may only fill in hourly rates on the Schedule of Fees for positions it can actually provide and unit prices for items it can actually provide. If a Proposer cannot provide some of the items and positions listed, then pursue teaming opportunities with other vendors. Following opening of the Cost Proposal, the City may require clarifications associated with scope and cost assumptions. Clarifications shall be provided by the Proposer within twenty-four hours of written request. 19 ( RFP 14 -PW 10 Schedule of Fees Professional Personnel Rates Hourly Rate or Price/Unit Principals and Chief Engineer/Consultant /hr Senior Engineer/Geologist/Specialist /hr Project Engineer/Geologist/Specialist /hr Staff Engineer/Geologist/Specialist /hr ICC Special Inspector /hr CADD operator/Drafter /hr Technician /hr Clerical/Administrative /hr Average Hourly Rate (Sum of all hourly rates : 8) /hr (A) Overhead (150% max. audited rate x A) /hr (B) Profit (10% max x A) /hr (C) Average loaded hourly rate (A+B+Cj /hr The Average loaded hourly rate will be used in the proposal evaluation Laboratory Testing -Soil Price Standard Proctor ASTM D-648 each Modified Proctor ASTM D-1557 each In -Situ Density each Soil Plasticity (Atterberg) test each Dry Sample Sieve Analysis each Wash Sieve Analysis each Hydrometer Analysis each Falling Head Permeability Test each Constant Head Permeability Test each Unconfined Compression Test(s) (ASTM -2166) each Direct Shear (Shear box) Test(s) each 20 1 RFP 14 -PW 10 Nuclear Density Gauge Rental /day Laboratory Concrete Compressive Strength testing of Grout Prisms (ASTM C109) each Compressive Strength testing of concrete test cylinders (ASTM C39) each Laboratory Asphalt (price shall include all labor, equipment and materials necessary to obtain the core samples) Density testing of cored specimen (includes price to obtain core) each Specific gravity of cored specimen each Drilling Mobilization of Truck Mounted Drill Rig lump sum Mobilization of ATV Mounted Drill Rig lump sum Standard Test Boring (0'-50') I f Standard Test Boring (50'-100') Additional Split Spoon Samples each Wash Boring W/Std. Pene. (0'-5o') /I f Wash Boring W/Std. Pene. (50'-100') /I.f. Auger Boring (0'-100') /I.f. Rock Coring (0'-50') /I f Rock Coring (50'-100') /I f Rock Core Casing /I.f. Rock Core Set -Up Charge each Ground Penetrating Radar /day 21 E RFP 14 -PW 10 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the offers according to the following criteria: • A selection team for the City will initially evaluate and score all technical proposals received. • Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. • Cost Proposals will be reviewed after the technical review process. Proposal Evaluation Criteria Qualifications of the team 35 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Related Projects and Experience 35 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton • Quality of the final work product • Ability to meet schedules Price (Section 5) 30 pts. 22 1 RFP 14 -PW 10 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offerors should notify the City of any terms within the standard contract that either preclude them from responding to the RFP or add unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed questions or with the offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONTRACTORS The highest scoring offeror will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subcontractors. All subcontractors, if any, must be listed in the proposal. The City reserves the right to approve all subcontractors. The Consultant shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers' Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. 23 1 Y CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Consultant subjects subcontractors to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. 24 1 RFP 14 -PW 10 STANDARD CONTRACT Included for Reference Only City reserves the right to make changes to this contract PROFESSIONAL SERVICES AGREEMENT 14 -PW This Agreement made and entered into this day of , in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the "City'), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and XXXXX ("Consultant') having its principle place of business atXXXYXX. WHEREAS, the City issued a Request for Proposal (14-PWXXXXX), to solicit firms to provide design services; and WHEREAS, based upon Consultant's bid to provide XXXX services as required by the bid documents, the City has selected Consultant as the winning bidder; and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A SCOPE OF WORKIREQ UEST FDR QUALIFICATIONS EXHIBIT B FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT EXHIBIT F SA VE AFFIDA VIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work, Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A. " In addition to the tasks required by Exhibit "A" the Consultant shall provide a XXX XX. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges 25 1 RFP 14 -PW 10 budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of XXXXX (the "Contract Price'), without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.3 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall speck 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. 2.4 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. 2.5 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 $5,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative `of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liabilityfor any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub - consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or 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 City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 26 1 RFP 14 -PW 10 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting 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: (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 ofprotection 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 Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. 27 1 RFP 14 -PW 10 (5) Acceptability oflnsurers: 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 P , ee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from April 10, 2012 and shall terminate absolutely and without further obligation on the part of the City on December 31, 2012, provided that this Agreement, absent written notice of non- renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2012, shall automatically renew on January], 2013 to April], 2013. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 28 1 RFP 14 -PW 10 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on 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: Attn: 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this 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 andlor asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E- Verify 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 "D" and "E" (affidavits regarding compliance with the E -Verb 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 ("EE V" 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 29 1 RFP 14 -PW 10 (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 "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O. C. G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O. C. G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is 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 maybe sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O. C. G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s ) indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 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 30 ( RFP 14 -PW 10 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 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. By: Its: President & CEO SIGNED, SEALED, AND DELIVERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: [AFFIX CORPORATE SEAL] CITY OF MILTON. Its: [CITY SEAL] 31 1 RFP 14-PW10 EXHIBIT "A" SCOPE OF WORKIREQUEST FOR QUALIFICATIONS EXHIBIT `B" FEE SCHEDULE/RESPONSE TO RFQ EXHIBIT "C" INSURANCE CERTIFICATE 32 1 RFP 14 -PW 10 EXHIBIT "D" CONTRACTOR AFFIDA VIT 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: eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury 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: 33 1 RFP 14 -PW 10 EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O. C. G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Contractor Name on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O. C. G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O. C. G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an aff davit from a sub -subcontractor to the contractor within five (S) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an aff davit from any other contracted sub - subcontractor, the undersigned subcontractor must forward, within five (S) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: e verb Number Date of Authorization Name of Subcontractor Name of Project City o Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature ofAuthorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAYOF 1201. NOTARY P UBLIC [NOTARY SEAL] My Commission Expires: ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 14-PW10 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce(a)cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Item #7 The proposal evaluation criteria provided in Section 6 of the RFP is deleted and replaced with the following: Proposal Evaluation Criteria Qualifications of the team 40 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel's level of involvement • Proximity and availability of key personnel Related Projects and Experience 50 pts. • Experience and technical competence on similar projects • Previous experience with City of Milton • Quality of the final work product • Ability to meet schedules Price (Section 5) Questions and Answers 10 pts 1. Will the original geotechnical proposal be made available to us? Answer: All existing information that the city has regarding previous geotechnical work on the property will be made available to the selected firm. 2. For the City of Milton Geotechnical Services, are bids for specialty testing services — in our case the structural steel testing & inspection portion accepted, or must the firm be capable of providing all services? Answer: The firm must be capable of providing all of the services outlined in the RFP. Can resumes of personnel be added as an Appendix to the Proposal? Would information included in an Appendix such as resumes count towards the allowed proposal page count/limit? Answer: All qualifications of the design team shall be included as specified in Section 1.4. Additional information that may be pertinent to the selection process may be included as part of the technical proposal and shall count toward the maximum number of pages. 4. On the schedule of fees, our Professional Personnel Rates are burdened rates. Therefore, we would not calculate lines B and C to get the Average loaded hourly rate. Our Average loaded hourly rate would be the same as line A. Is this acceptable for input on the schedule of fees? Answer: Utilize the revise Schedule of Fees provided in this addendum. 5. On the schedule of fees, do all personnel rates need to be completed or can categories which are not billed be left blank? Answer: All personnel rates need to be completed per Section Se. 6. For clarification, Part D of Section 1.2 of RFP 14-PWIO states that if we request exceptions to the standard contract, then we may include these changes to the standard contract along with our Technical Proposal, provided that we supply an explanation for the changes. Is this correct? If so, would this count toward the proposal page count/limit? Answer: By submitting proposed changes in the offeror's RFP response rather than during the question and answer period it will be assumed that the proposed changes are neither material nor substantive to the extent that they could have or should have been addressed in this addendum. The city will review the offeror's explanation of why the exception is being taken and determine what effect that may have on the offerors ability to perform under the terms of the contract. Schedule of Fees (Modified in Addendum #1) A. Professional Personnel Rates Professional Personnel Rates Hourly Rate Principals and Chief Engineer/Consultant Ar Senior Engineer/Geologist/Specialist Ar Project Engineer/Geologist/Specialist Ar Staff Engineer/Geologist/Specialist Ar CADD operator/Drafter Ar Technician Ar Clerical/Administrative Ar Average Loaded Hourly Rate (Sum of all hourly rates _ 7) Jhr The Average loaded hourly rate will be used in the proposal evaluation B. Unit Prices Unit prices are all inclusive, including, but not limited to, manpower, overhead, profit, direct expenses, meetings, equipment, and vehicles. Laboratory Testing -Soil Price Standard Proctor ASTM D-698 each Modified Proctor ASTM D-1557 each In -Situ Density each Soil Plasticity (Atterberg) test each Dry Sample Sieve Analysis each Wash Sieve Analysis each Hydrometer Analysis each Falling Head Permeability Test each Constant Head Permeability Test each Unconfined Compression Test(s) (ASTM -2166) each Direct Shear (Shear box) Test(s) each Nuclear Density Gauge Rental /day Laboratory Concrete Compressive Strength testing of Grout Prisms (ASTM C109) each Compressive Strength testing of concrete test cylinders (ASTM C39) each Laboratory Asphalt Density testing of cored specimen (includes price to obtain core) each Specific gravity of cored specimen each Drilling Mobilization of Truck Mounted Drill Rig lump sum Mobilization of ATV Mounted Drill Rig lump sum Standard Test Boring (0'-50') I f Standard Test Boring (50'-100') /I f Additional Split Spoon Samples each Wash Boring W/Std. Pene. (0'-50') /If. Wash Boring W/Std. Pene. (50'-100') /I.f. Auger Boring (0'-100') /I.f. Rock Coring (0'-50') /I.f. Rock Coring (50'-100') /) f Rock Core Casing /I.f. Rock Core Set-Up Charge each Ground Penetrating Radar /day EXHIBIT "B" FEE SCHEDULE/RESPONSE TO RFP NOVA ENGINEERING AND ENVIRONMENTAL July 1, 2014 Mr. Rick Pearce CITY OF MILTON 13000 Deerfield Pkwy Suite 107G Milton, Georgia 30004 1859 Beaver Ridge Circle Suite B Norcross, Georgia 30071 770.696.1414 / Fax — 770.864.9963 www.usanova.com SUBJECT: Cost Proposal for Inspection and Materials Testing Services Bt:1.1. NI1-'.NIoR1 1, P.1R1� Milton, Georgia NOVA Proposal Number 07262-T Dear Mr. Pearce - NOVA Engineering and Environmental, LLC (NOVA) appreciates the opportunity to submit this proposal to provide Special Inspection and Materials Testing Services for the above referenced project. As requested in the RFP, we have included the attached Cost Proposal Schedule of Fees. The attached Schedule of Fees will be the basis of costs for all services provided for the Bell Memorial Park Project. We understand that once plans and a construction schedule are made available, we may be requested to prepare a budget estimate for our requested testing and inspection services prior to beginning work. NOVA has qualified and certified staff to provide all services identified on the Schedule of Fees. We can also provide a wide range of additional services not included in the attached Schedule of Fees such as Building Envelope Consulting and Testing and Forensic Engineering. We would be happy to provide a fee schedule for any additional services if needed. Again, thank you for this opportunity. We look forward to working with you on these exciting projects. Sincerely, NOVA ENGINEERING & ENVIRONMENTAL, LLC Marc D. Johnston, PE Project Manager Employee Owned — Client Driven: 31C2W1 - Barry J. Roziewski Principal Environmental Consulting — Geotechnical Engineering — Construction Materials Testing - Inspection Services Facility Engineering - Building Envelope Consulting - Loss Prevention - Code Compliance Municipal Support/Outsourcing — Private Provider ServicesTM Schedule of Fees (Modified in Addendum #1) A. Professional Personnel Rates Professional Personnel Rates Hourly Rate Principals and Chief Engineer/Consultant loo . oo /hr Senior Engineer/Geologist/Specialist 85 . 00 /hr Project Engineer/Geologist/Specialist ti5_oo /hr Staff Engineer/Geologist/Specialist 55.00 /hr CADD operator/Drafter 40.00 /hr Technician 45 . oo /hr Clerical/Administrative 25 00 /hr Average Loaded Hourly Rate (Sum of all hourly rates _ 7) 5 9 .2 2_/hr each The Average loaded hourly rate will be used in the proposal evaluation B. Unit Prices Unit prices are all inclusive, including, but not limited to, manpower, overhead, profit, direct expenses, meetings, equipment, and vehicles. Laboratory Testing -Soil Price Standard Proctor ASTM D-698 8 5 . 0 0 each Modified Proctor ASTM D-1557 95.00 each In -Situ Density 25 . 00 each Soil Plasticity (Atterberg) test 70 . 00 each Dry Sample Sieve Analysis 50.00 each Wash Sieve Analysis 50.00 each Hydrometer Analysis 60.00 each Falling Head Permeability Test 300 00 each Constant Head Permeability Test 220.00 each Unconfined Compression Test(s) (ASTM -2166) 100.00 each Direct Shear (Shear box) Test(s) 500.00 each RFP 14-PW10 Addendum #1 Page 4 of 5 Nuclear Density Gauge Rental o . o 0 /day Laboratory Concrete Compressive Strength testing of Grout Prisms (ASTM C109) 1 2 . 0 0 each Compressive Strength testing of concrete test cylinders (ASTM C39) 8 . 00 each Laboratory Asphalt Density testing of cored specimen (includes price to obtain core) 150 . 00-each Specific gravity of cored specimen 2 5 . 0 0 each Drilling Mobilization of Truck Mounted Drill Rig 450.00 lump sum Mobilization of ATV Mounted Drill Rig 450.00 lump sum Standard Test Boring (0'-50') 8 . 5 o I.f. Standard Test Boring (50'-100') 9 . 5 0 /I.f. Additional Split Spoon Samples 25 .00 each Wash Boring W/Std. Pene. (0'-50') 10 . o o /I.f. Wash Boring W/Std. Pene. (50'-100') 11 . o o /I.f. Auger Boring (0'-100') 7 . 75 /I.f. Rock Coring (0'-50') 35 . 0 0 /I.f. Rock Coring (50'-100') 45 . o o /I.f. Rock Core Casing 8.00 /I.f. Rock Core Set-Up Charge 150 . 0 0 each Ground Penetrating Radar 1, 200 00 /day RFP 14-PW10 Addendum #1 Page 5 of 5 NOVA PROPOSAL TO PROVIDE GEOTECHNICAL TESTING AND SPECIAL INSPECTION SERVICES BELL MEMORIAL PARK PREPARED FOR: HOME OF ' ' MILTON 13000 DEERFIELD PARKWAY SUITE 107G MILTON, GEORGIA 30004 JULY 1, 2014 NOVA ENGINEERING AND ENVIRONMENTAL July 1, 2014 Mr. Rick Pearce CITY OF MILTON 13000 Deerfield Pkwy Suite 107G Milton, Georgia 30004 1859 Beaver Ridge Circle Suite B Norcross, Georgia 30071 770.696.1414 / Fax — 770.864.9963 www.usanova.com SUBJECT: Proposal to Provide Geotechnical Testing and Special Inspection Services BEI,I, MENIORIA1, PARK Milton, Georgia NOVA Proposal Number 07262-T Dear Mr. Pearce - NOVA Engineering and Environmental, LLC (NOVA) appreciates the opportunity to submit this proposal to provide Special Inspection and Materials Testing Services for the above referenced project. We are confident that NOVA is the best choice to provide these services required for this project because: • Experience on Similar Projects. NOVA's Project Team has a tremendous level of experience with other similar park and infrastructure related projects across Georgia, including the new Don Carter State Park in Gainesville and Fowler Park in Forsyth County. We understand the expectations and level of service and commitment required to make this project a success. • Local Office. NOVA's Gwinnett County office is located less than 25 miles from the project site. As such, we can provide unmatched response times and reduced costs for travel. • Qualifications of Our Professional Staff. NOVA offers one of the most qualified and experienced staff in Georgia. Our Engineers are trained and experienced at providing cost-effective recommendations and solutions, and our Inspectors hold multiple certifications which will result in cost savings and improve the quality and consistency of inspections, reporting and communications during construction. • Commitment to Client Service. NOVA is dedicated to meet the needs and timelines of our Clients on every project we undertake. Our company culture ensures that every employee understands the needs of our Clients and makes them our first priority. Again, thank you for this opportunity. We look forward to working with you on these exciting projects. Sincerely, NOVA ENGINEERING & ENVIRONMENTAL, LLC Marc D. Johnston, PE Bar ozi ski Project Manager Principal Employee Owned — Client Driven: Environmental Consulting — Geotechnical Engineering — Construction Materials Testing - Inspection Services Facility Engineering - Building Envelope Consulting - Loss Prevention - Code Compliance Municipal Support/Outsourcing — Private Provider ServicesTM CITY OF MILTON REQUEST FOR PROPOSAL COVER PAGE t1� CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: RFP Title: 14-PW10 Bell Memorial Park Geotechnical Services Due Date and Time: July 1, 2014 Number of Pages: 33 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: June 9, 2014 City of Milton I Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107G Website: www.citvofmiltonga.us Milton, Ga. 30004 (Please print name and sign in ink) INSTRUCTIONS TO RESPONDENTS Return Proposal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: 14-PW10 Name of Company or Firm Special Instructions: Deadline for Written questions June 20, 2014 Email questions to Rick Pearce at rick.pearce@cityofmiltonea.us I IMPORTANT: SEE STANDARD TERMS AND CONDITIONS I RESPONDENTS MUST COMPLETE THE FOLLOWING Respondent Name/Address: Authorized Respondent Signatory: NOVA Eaginooriag and Eavironmantal, LLC ` 1859 Heaver Ridge Circle Suite 8 Marc D. ohne ton, PE / Principal Norcross, Georgia 30071 (Please print name and sign in ink) Respondent Phone Number: Respondent FAX Number: 770.696.1414 770.864.9963 Respondent Federal I.D. Number: Respondent E-mail Address: 26-0347209 mjohnstonGusanova.com RESPONDENTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE PHONE. FAX intoacityofmltongo us www cityofmiltonga.us WNW Community CITY OF MILTON DISCLOSURE FORM 41 i-OMF OF MI 1TON NItit) CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror NOVA Engineering and Environmental, LLC Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) NONE List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value NONE Description Please list any family member that is currently (or has been employed within the last i2 months) by the City of Milton and your relation: NONE CITY OF MILTON PROPOSAL LETTER 51 HOWE OF , M I [-,TO N RFP# 14-PW10 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP) — Bell Memorial Park Geotechnical Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. i Authorized Signature 7 A ____Date 07/01/2014 Print/Type Name Marc D. Johnston, PE Print/Type Company Name Here NOVA Encrineerincr and Environmental, LLC TECHNICAL PROPOSAL DESIGNTEAM.......................................................... WORKPLAN............................................................ 3 RELATED PROJECTS AND REFERENCES ............................ 6 NOVA ENGINEERING AND ENVIRONMENTAL Proposal to Provide Geotechnical Testing and Special Inspection Services I LTO ' Bell Memorial Park DESIGN TEAM NOVA Engineering and Environmental, LLC (NOVA) is an Engineering Consulting Firm providing Environmental Consulting, Geotechnical Engineering and Materials Testing and Special Inspection Services with offices in: • Athens (Bogart), Georgia • Atlanta (Kennesaw), Georgia • Norcross, Georgia • Greenville, South Carolina • Charlotte, North Carolina • Fort Lauderdale, Florida • Ft. Myers, Florida • Miami, Florida • Panama City Beach, Florida • Pensacola, Florida • Tallahassee, Florida • Tampa, Florida NOVA NOVA Engineering & Environmental, LLC Contact: (Branch Office Established in 2004) Marc D. Johnston, PE 1859 Beaver Ridge Circle Email: mjohnston(c)usanova.com Suite B 770.696.1414 (Phone) Norcross, Georgia 30071 770.864.9963 (Fax) www.usanova.com 678.471.0722 (Cell) Established in 1996, NOVA Engineering and Environmental, LLC (NOVA) was founded to provide Environmental Consulting, Geotechnical Engineering and Construction Materials Testing and Special Inspection Services to the Design and Construction Community primarily in the Southeastern United States. NOVA is a Delaware Limited Liability Corporation. NOVA was recently named one of the Top 50 Design Firms in the Southeast by Engineering News Record. Today, NOVA employs over 200 Professionals and Administrative Support Staff including Registered Professional Engineers, Registered Professional Geologists, Environmental Scientists, Soil/Foundation Engineers, Laboratory Specialists, Materials Technicians, ICC -Certified Inspectors, NICET-Certified Technicians and AWS -Certified Welding Inspectors. NOVA is equipped with facilities that include AASHTO-Accredited Laboratories in Soils, Concrete, Aggregate and Hot -Mix Asphalt Testing/Inspection as well as CCRL-Inspected Laboratories for Concrete Sampling, Curing and Testing. NOVA's accreditation includes ASTM E329 and ASTM D1077. NOVA maintains one of the most qualified and experienced technical staffs in the state. The following table identifies our proposed Project Team including qualifications and years of experience. Our field inspectors hold multiple certifications which reduces the need for supplemental staff, helps maintain continuity and consistency with inspections and reduces the overall project budget by utilizing fewer personnel for required inspections. Page 1 N O VA ENGINEERING AND ENVIF 0NMENTAU Proposal to Provide Geotechnical Testing and Special Inspection Services Bell Memorial Park Person nel/Contract Qualifications Years Relevant Assignment Experience PROJECT / FIELD ENGINEERS Marc D. Johnston, PE Registered Professional Engineer — State of Georgia 21 Senior Engineer NPDES Certified — GSWCC Level 1B ACI Concrete Field Testing Technician — Grade I ICC Fireproofing Special Inspector ICC Reinforced Concrete Special Inspector ICC Soils Special Inspector Dennis Southern ICC Structural Masonry Special Inspector Senior Project Manager GDOT Roadway Testing Technician 26 GDOT QCT — Level I NICET Level II Soils / Concrete / Asphalt NPDES Certified — GSWCC Level 1 B PTI Post Tensioning Inspector — Level 2 Radiation Safety and Use of Nuclear Gauges ACI Concrete Field Testing Technician — Grade I Omar Atkinson Engineer -In -Training — State of Georgia Project Engineer GDOT ACI Concrete Technician 18 MAG Structural Masonry Inspector PTI Post Tensioning Inspector — Level 2 SOILS — CONCRETE — MASONRY - ASPHALT ACI Concrete Field Testing Technician — Grade I GDOT Roadway Testing Technician Larry Schicho ICC Reinforced Concrete Special Inspector Special Inspector ICC Soils Special Inspector 20+ ICC Structural Masonry Special Inspector PTI Post Tensioning Inspector — Level II NICET Soils/Concrete/Asphalt — Level II Radiation Safety and Use of Nuclear Gauges STRUCTURAL STEEL AND FIREPROOFING ASNT Ultrasonic Testing Level II Billy Edwards AWS Certified Welding Inspector/Educator CWI/NDT ICC Spray -Applied Fireproofing Special Inspector 25+ ICC Structural Welding Special Inspector) ADDITIONAL LOCAL RESOURCES Experienced Local Staff of Over 60 Engineers and Soils, Concrete, Masonry and Asphalt Technicians. Page 2 N O VA ENDINEERING AND ENVIRONMENTAL Proposal to Provide Geotechnical Testing and Special Inspection Services Bell Memorial Park WORK PLAN The NOVA Team members assigned to this project are some of the most qualified and experienced engineers, technicians, inspectors and professionals in the business. To ensure their success, our past experience on large, complex projects has allowed us to develop a proven system or project approach that results in quality reporting in a timely manner, and continuous communication with all project team members that results in cost-effective outcomes and schedule adherence. The following pages detail our planned approach to this project. Communication and Pre -Construction Meetings: Communication is critical in the success in any project. Our testing and inspection data and reports are important to the each member of the Project Team including the Project Architect, Structural Engineer, and the general contractor and applicable subcontractors. With so many parties involved, timely and consistent communication is vital for this project to succeed and for all parties to have a clear understanding of our services and responsibilities. We take a very honest and open management approach to developing project relationships, communication with the Project Team, and how we report our testing and inspection results. We begin each major category of testing/inspection for the project with the introduction and development of project relationships. Our Project Manager and Lead Inspector will participate in the "Pre -Construction Meeting" with the project team prior to the start of each project phase. In this meeting our primary goal will be to discuss the initial project schedule, and other team expectations/priorities critical to the quality and schedule of the activity. This will assure that all parties are aware of the lines of communication and highlight the overall engineering, Special Inspections, and testing expectations for the subject phase of the project. It is critical that everyone on the project team clearly and fully understand the project schedule, needs, and requirements as they relate to the field testing coordination, scheduling, and reporting of results to ensure that nothing is missed and all testing, inspection and reporting can be performed as efficiently as possible. Daily Communications Process: On a daily basis during construction, the first line of communication between the Project Team and NOVA will be our Project Manager, supported the Lead Inspector. The Lead Inspector will maintain nearly continuous communication with our Project Manager and the contractor's superintendent in order to schedule the required services and communicate inspection and test results. Our Project Manager and Lead Special Inspector will be readily available for QA/QC meetings, owner/construction manager/architect/contractor's meetings, weekly Subcontractor meetings, and all pre-installation/construction meetings. Our Project Manager will ensure that the field personnel have the most up-to-date specifications, sketches, approved submittals and shop drawings, request for information (RFI) responses, and contract change directives (CCD). Our staff will organize and maintain the receipt of sketches, RFIs and CCDs in electronic and hard copy files so that our field staff will have easy access to the approved documents. This is an important task, particularly on larger projects where multiple requests and responses are submitted, sometimes daily. Reporting and Data Management: Our Lead Inspector as well as all other field and support staff are equipped with laptops or wireless tablets and digital cameras. All reports will be computer generated and will include photo documentation. Each report will outline the inspection(s) performed and documentation of conformance to the approved construction documents and will be submitted on the same day the inspection occurs. Once reviewed by our Project Manager, the reports will be electronically distributed to the Project Team. Any deficiencies discovered in the work will immediately be verbally conveyed to the necessary parties on-site and follow-up reports will be distributed via email to all concerned parties by close of business the same day. Typical turn -around time for Project Team distribution of non -discrepancy reports is within 48 hours of submittal to the Project Manager. Page 3 N O VA ENGINEERING ANO ENVIRONMENTAL Proposal to Provide Geotechnical Testing and Special Inspection Services Bell Memorial Park NOVA understands that the Owner or Design and Construction Teams' server space is valuable and therefore maintains a Project -Team accessible, secure server for document archive of each of the Field or Laboratory Reports created throughout the project duration. At project completion, a master copy of all our documentation is made available for the Team Members. A brief summary of our web -based document reporting system is outlined in the following paragraph and examples of our Web -Based Reporting System are available for review upon request. Owner or Design and Construction Team Member Receives E -Mail Notification Indicating New Reports are Available Log -In Instructions Including Username are Provided For Secure Access Reports are Separated by Inspection/Division (i.e. Section 03 3000, Concrete, etc.) for Ease of Use and/or Quick Access to Needed or Specific Inspection Documents. We understand that the proposed project has been designed according to the 2012 International Building Code (IBC). Chapter 17 of the 2012 IBC outlines the requirements of Special Inspections. The Special Inspections Program requires either periodic or continuous inspections for an individual construction activity or task. A single qualified/certified special inspector can observe the work of more than one continuous construction activity. As previously stated, NOVA proposes to utilize one multi -certified special inspector throughout the project duration and supplement the required inspections and tests with additional personnel, if needed, as the individual tasks or inspections dictate. The Lead Inspector will: • Coordinate Required Special Inspections with General Contractor's Representative • Perform Required Site Inspections • Manage Additional Field Staff as a Single Source of Communication to Ensure Required Testing is Scheduled and Performed According to Project Plans and Specifications • Ensure Proper Verbal and Written Communication of Field Personnel • Ensure Daily Field Reporting is Presented Timely and Completely • Notify Proper Design and Construction Team Representatives as Discrepancies are Discovered • Prepare and Track Discrepancies Until Resolved • Report Regularly to Client, General Contractor's Representative and NOVA Project Manager to Ensure Client Satisfaction and Technical Accuracy Currently, we anticipate that our services will include the following: SITE PREPARATION, GRADING AND UNDERGROUND UTILITIES: ➢ Document that the site has been properly stripped of topsoil and vegetation prior to fill placement. ➢ Prior to fill placement, observe proofrolling operations and make recommendations for undercutting and/or stabilization, if required. ➢ Perform laboratory testing of proposed fill soils to determine their suitability and moisture content versus dry density relationship (i.e. Proctor compaction testing, Atterberg limits determination, and/or sieve analysis, as applicable). ➢ Provide qualified personnel for observing structural fill placement and perform field density and moisture content tests at the frequency specified in the project specifications. Page 4 N O VA ENGINEERING ANO ENVIRONMENTAL Proposal to Provide Geotechnical Testing and Special Inspection Services Bell Memorial Park SHALLOW FOUNDATIONS: ➢ Provide qualified personnel to evaluate shallow foundation subgrade materials and confirm design bearing capacity. Subgrade materials will be evaluated by utilizing visual observation, manual probing and portable dynamic cone penetrometer testing techniques. STRUCTURAL CONCRETE AND REINFORCING STEEL INSPECTION, SAMPLING & TESTING: ➢ Verify and document the location, quantity, size, spacing and configuration of reinforcing steel in structural reinforced concrete. ➢ Sample and test plastic concrete, and mold compressive strength cylinders for structural concrete. Testing of the plastic concrete will include measurement of its slump, air content, unit weight and temperature. Frequency of sampling/testing shall be performed in accordance with project specifications. ➢ Provide observation during placement of reinforced structural concrete, ensuring that the concrete placement is in accordance with ACI, the project specifications and generally accepted concrete placement practices. ➢ Secure and transport initial field cured samples to our laboratory where they will be stripped, logged, prepped and final cured in a moist room. We request that an on-site curing box will be provided by the General Contractor for initial curing of the concrete cylinders. ➢ Perform laboratory compressive strength tests on field and laboratory cured concrete cylinders. Strength tests will be performed at the frequency specified in the project specifications. STRUCTURAL MASONRY INSPECTION & TESTING: ➢ Verify and document the location, quantity, size, spacing and configuration of reinforcing steel in structural masonry construction. ➢ Continuously monitor grouting operations, ensuring that the grout placement is in general accordance with ACI, the project specifications, and generally accepted grout placement practices. ➢ Sample and test plastic mortar and grout, and mold compressive strength cubes and prism samples respectively. Frequency of sampling/testing shall be in accordance with project specifications. Compare test results to mix design parameters. ➢ Secure and transport initial field cured samples to our laboratory where they will be stripped, logged, prepped and final cured in a moist room. ➢ Perform laboratory compressive strength tests on cured test samples. ➢ Verify grade and nominal dimensions of wood framing members and inspect nailing, bolting and anchoring connections. STRUCTURAL STEEL AND WOOD FRAMING INSPECTIONS: ➢ Review the field erection subcontractor submitted welder qualifications and welding procedures. ➢ Provide NOVA Employed Certified Welding Inspectors and ASNT Level II UT Technicians to inspect and test steel erection and welded and bolted connections (including anchor bolts, shear studs and expansion or adhesive anchors) at the frequency required by project documents. ➢ NOVA assumes that the fabrication shop is AISC certified. Therefore, we have excluded a fab shop inspection from this proposal. PAVEMENTS: ➢ Observe proofrolling operations and make recommendations for undercutting and/or stabilization, if required. ➢ Perform compaction testing of graded aggregate base material in general accordance with project specifications. ➢ Perform laboratory testing of proposed GAB to determine moisture content versus dry density relationship (i.e. Modified Proctor compaction testing). i Obtain cores of in-place asphaltic concrete for density determination and thickness measurements. Page 5 N O VA ENUINELFZINU ANO ENVIRONMENTAL Proposal to Provide Geotechnical Testing and Special Inspection Services Bell Memorial Park RELATED PROJECTS AND REFERENCES NOVA and our Professional Staff have completed thousands of projects, including Geotechnical and Environmental Engineering, Consulting and Materials Testing Services for parks and recreation facilities, healthcare facilities, municipal facilities, transportation projects, infrastructure projects, educational facilities (universities, technical colleges and K-12 facilities), low to high-rise office complexes, commercial developments, and manufacturing and industrial facilities. We pride ourselves on our ability to deliver a quality product in a timely manner. It is our endeavor to be an asset to the Design and Construction Team on each and every project we undertake. Over the past five years, NOVA has provided or is currently providing Special Inspections, Engineering and Materials Testing Services on numerous parks, recreation and infrastructure related projects including the following: Project Description: 80 -acre state park situated on the north end of the reservoir on Lake Lanier includes Roadways, Walking Trails, RC and Tent Camping Areas, Recreation Areas, Boat Ramps, Multiple Support Buildings and Cabins and all associated underground utilities and site improvements. A total of 28 structures were constructed during initial phase of development. t Extensive site grading and construction of some retaining walls was required to establish finished grades for some of the roadways and other site improvements across the development. Relevant Services: Geotechnical Exploration and Engineering Evaluation, Foundation and Subgrade Evaluations; Concrete Field and Laboratory Sampling, Testing and Inspections; Structural Steel Inspections; Masonry Field and Laboratory Sampling, Testing and Inspections, Paving Observations and Testing and NPDES Stormwater Monitoring, Testing and Inspections (2011- 2013). Contact Information: Brad Jones, ASLA — Jacobs Engineering Group — 770.888.8868. Construction Cost: $12,000,000. Project Description: New 85 -acre public park includes an Administration Building, Maintenance Yard, Walking Trails, Picnic Areas, Pavilions, Basketball Courts, Tennis Courts, Playing Fields for Baseball, Softball, Lacrosse and Football, Dog Park, Trail �. Head for the Big Creek Greenway, Skate Park, six NCAA Regulation -Sized Soccer Fields and Associated Parking and Drive Areas, Large Playground and Five -Acre Passive Area. The structures planned for the first phase of construction are generally hici _` one to two-story lightly loaded wood framed and CMU buildings. Relevant Services: Foundation and Subgrade Evaluations; Concrete Field and Laboratory Sampling, Testing and Inspections; Structural Steel Inspections; Masonry Field and Laboratory Sampling, Testing and Inspections and NPDES Stormwater Monitoring, Testing and Inspections (2010-2011). Contact Information: Donna Kukarola, Director — Forsyth County Purchasing — 770.888.8868. Page 6 N O VA ENO INE:ERINU ANO ENVIRONMENTAL ry^ r.tf OF Proposal to Provide Geotechnical Testing and Special Inspection Services Bell Memorial Park Project Description: Project included the realignment and reconstruction of over 27,000 LF of roadway, construction of over 24,000 SF of retaining wall, 23,000 LF of concrete multi - path and 28,000 LF of water main. Relevant Services: Geotechnical Engineering, Foundation and Subgrade Evaluations; Concrete Field and Laboratory Sampling, Testing and Inspections; Structural Steel Inspections and Masonry Field and Laboratory Sampling, Testing and Inspections and Asphalt Paving Observations and Testing (2007 - Ongoing). Contact Information: Bill Donohue — Lake Lanier Islands Development Authority — 770.932.6608. Project Description: Phase II is a single -story exhibit building with associated exterior ponds and exhibit areas. The building is a steel framed structure with load bearing masonry walls. Building loads are supported by shallow foundations with concrete slab -on -grade. Relevant Services: Foundation and Subgrade Evaluations; Concrete Field and Laboratory Sampling, Testing and Inspections; Structural Steel Inspections and Masonry Field and Laboratory Sampling, Testing and Inspections (2009 - 2010). Contact Information: Randy Starr, LEED, AP — Georgia Department of Natural Resources — 404.656.3500. Project Description: Project includes segmental retaining wall installation, site improvements to existing Ronald Bridges Park, full depth roadway reclamations, roadway reconstruction, asphalt pavement overlays, replacement of existing CMP with RMP and underground utility installation. Relevant Services: Foundation and Subgrade Evaluations; Concrete Field and Laboratory Sampling, Testing and Inspections; Asphalt Paving Observations and Testing (20 10 - Ongoing). Contact Information: Doug Moyer — Civil Works, Inc. — 404.363.8727. Page 7 N O VA ENGINEERING AND ENVIRONMENTAL Proposal to Provide Geotechnical Testing and Special Inspection Services ti 1 LT O N Bell Memorial Park Ci7T5CEAtED:Ock, Project Description: $9.8 M, three (3) single -story concession and restroom buildings with pedestrian terraces over the roof levels. The buildings consist of CMU and concrete walls and are supported by shallow foundations with a concrete slab -on -grade. The project also included multiple cast -in-place retaining walls and extensive concrete paying. Relevant Services: Foundation and subgrade evaluations; concrete field and laboratory sampling, testing and inspections; structural steel inspections; roofing inspections; waterproofing inspections; asphalt and concrete paving monitoring and testing; masonry field and laboratory sampling, testing and inspections; NPDES stormwater monitoring, aggregate base testing and concrete moisture content (March 2010 — December 2010). Contact Information: Lauren Standish, ASLA, Associate — HGOR Planners & Landscape Architects — 404.248.1960 Project Description: Representative projects include Sims Lake Park, White Street Park and Harvest Farm Community Garden, Martin Farm, Suwanee P1ayTown Pavilion, Suwanee Community Garden Barn and City of Suwanee Pedestrian Underpass. Relevant Services: Geotechnical Engineering, Foundation and Subgrade Evaluations; Field Density Testing; Asphalt Sampling and Testing; Structural Concrete and Reinforcing Steel Inspection, Sampling and Testing; Structural Masonry (Grout and Mortar) Testing; Pavements and Stone Trails Inspections; Structural Steel Inspections and NPDES Stormwater Testing and Inspections (2007 — 2011). Contact Information: City of Suwanee c/o HEERY International - Forrest White, Senior Associate / Program Manager — 706.821.2886 — fwhite(e augusta a.gov. 1 ti Page 8 N O VA ENUINEERING ANC.) ENVIRONMENTAL APPLICABLE ADDENDA ACKNOWLEDGEMENT FORM ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 14-PW10 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.nearce(a)citvofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: NOVA Engineering and Environmental, LLC CONTACT PERSON: _Marc D. Johnston. PE / principal ADDRESS: 1859 Beaver Ridge Circle, Suite B CITY: Norcross STATE: Georgia ZIP: 30071 PHONE: 770.696.1414 FAX: 770.864.9963 EMAILSS: mjohnston@usanova.com 7"j M7 Signatur Date ADDENDUM #1 REP 14-PW10 Addendum #1 Pagel of 5 EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" 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: eVerify Number Date of Authorization NOVA Eneineering and Environmental LLC Name of Contractor Bell Memorial Park Geotechnical Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury 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 "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with NOVA Engineering and Environmental, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Bell Memorial Park Geotechnical Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury 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 1201. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: M HOME OF ' . ' IM I LTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 28, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the Installation of a Scoreboard at Hopewell Middle School. MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEWREQUIRED: YES O NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS © V Your PHONE: 678.242.25001 FAX: 678.242.2499C7lreen V *C' f.�a ; ropjoo infofcityofmiltonga.usIwww.cityofmiltongla.us Community ;%Ei«3fI 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 'B`` To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 22, 2014 for the September 8, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the Installation of a Scoreboard at Hopewell Middle School. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Meer Electrical Contractors, Inc. for the installation of a scoreboard at Hopewell Middle School. Executive Summary: We are re-purposing equipment that was previously used at Bell Memorial Park. The equipment will be installed at the baseball/softball field at Hopewell Middle School. This field is being used by the Hopewell Youth Association for one year while Bell Memorial Park is undergoing re-construction. Once Bell Memorial Park is back in service, this field will be available for Co- Ed Softball, Kickball or other programming. Funding and Fiscal Impact: This contract is for $3,014.55 for the physical installation of the scoreboard, in accordance with Fulton County Board of Education specifications. Funding is coming from the Parks and Trail Expansion budget. Alternatives: The only alternative is to not install a scoreboard. Legal Review: Paul Higbee – Jarrard & Davis 8/15/14 Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Meer Electrical Contractors, Inc. HOME OF'T. JA J. A. 4 ► E ESTAAt UIED2006 CONSTRUCTION SERVICES AGREEMENT INSTALLATION OF A SCOREBOARD AT HOPEWELL MIDDLE SCHOOL 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 MEER ELECTRICAL CONTRACTORS, INC. (hereinafter referred to as the "Contractor") having its principal place of business at 405 Tidwell Drive, Alpharetta, GA 30004 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": A. This Agreement (5 Pages) B. Scope of Work, attached hereto as Exhibit "A" C. Insurance Certificate, attached hereto as Exhibit "B" D. Contractor Affidavit and Agreement, attached hereto as Exhibit "C" E. Subcontractor Affidavit, attached hereto as Exhibit "D" F. Engineering Drawing labeled "Sl", attached hereto as Exhibit "E" 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 the construction of two (2) concrete blocks and the physical installation of one (1) scoreboard. 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 fifteen (15) 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 $3,014.55 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor- covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly 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: Mr. Peter Meer shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 2 I. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. 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 hnmunitX. 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. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. A— 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 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 E in every subcontract for services contemplated under this Agreement. M IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. MEER ELECTRICAL CONTRACTORS, INC. Signatur e: a�o�Title: - &-we- [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: P2t2 V E Me-er EXHIBIT "A" Scope of Work Contractor shall perform all tasks required to physically install a scoreboard at Hopewell Middle School. The concrete work must be done in accordance with the specifications identified on Engineering Drawing "S 1" (Exhibit E). Prior to the start of construction, the contractor must meet with a representative of the City to coordinate the exact location of the work to be performed and the rules for working at the school. EXHIBIT "B" Insurance Certificate (Contractor to provide attachment) CERTIFICATE OF LIABILITY INSURANCE 8A2oi2o 4 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PointeNorth Insurance Group, LLC PO Box 724728 Atlanta GA 31139 CONTACT Selena Brodbeck NAME: PHONE (770j B5H-7540 F"OC,(770)858-7545 No E-MAIL ADDRESS: sbrodbeck@PointeNorthIns.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Cincinnati Insurance Company 10677 INSURED Meer Electrical Contractors Inc DBA Meer Electric 405 Tidwell Drive Alpharetta GA 30004 INSURER B:Cincinnati Casualty Company 8665 INSURER C : INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:CL1411026602 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TR TYPE OF INSURANCEINSR 13000 Deerfield Parkway POLICY NUMBER POLICY MM/LDICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR EPP0058858 /1/2014 /1/2015 DAMAGE ( RENTED PREMISESS Ea occurrence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS --COMP/OP AGG $ 2,000,000 X POLICY PRO CT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 500,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BA0058858 /1/2014 /1/2015 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB X IOCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 AEXCESS LIAB CLAIMS -MADE DED X RETENTION $ $ PP0058858 /1/2014 /1/2015 B WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A C8973221 /1/2014 /1/2015 WC STATU- OTH- EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) INS025 immnnm m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho ArOP17) nnma nnrl Innn aro ranicfararl mnrlrc of A(V10171 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 13000 Deerfield Parkway AUTHORIZED REPRESENTATIVE Suite 107A Milton, GA 30004 William Skeeles/SMB L.' r.=- /v ACORD 25 (2010/05) INS025 immnnm m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho ArOP17) nnma nnrl Innn aro ranicfararl mnrlrc of A(V10171 EXHIBIT "C" 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: /07,a/ eVerify Number MaAC A /7, 200 Date 'of Authorization MEER ELECTRICAL CONTRACTORS, INC. Name of Contractor INSTALLATION OF A SCOREBOARD AT HOPEWELL MIDDLE SCHOOL Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is ue and correct.W"(cit Executed o , W, 201 in , state S nature of thorized Officer or Agent ,lycly fa Meec Secrery/l-;- Se trey Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON HIS THE f' Dq OF 201 IQ NOTARY PUBLIC'— E M DARCY NOTARY PUBLIC [NOTARY SEAIRULTON COUNTY, GEORGIA MY COMMISSION EXPIRES FEBRUARY 20, 2016 My Qommission Ex it fs: 1 n E � o� EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Cook Construction Services, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: /a2( "? �4 eVerify Number EC Date o Authorization Name of Subcontractor INSTALLATION OF A SCOREBOARD AT HOPEWELL MIDDLE SCHOOL Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed AL �Q, 201 in *(city), (state). v Oud,"�Q�) Sig re of Aut orized Officer or Agent Juc� eerSem e-hr� VeGs&re_r Printed Name and Title of Authorized O� Agent SUBSCRIBED AN SWORN BEFORE ME N TiIIS TH DAY OF ,201 AA I IANE M DARCY 'NOTARY PUBLI NOTARY PUBLIC FULTON COUNTY, GEORGIA [NOTARY SEAL] MY COMMISSION EXPIRES FEBRUARY 20, 2016 My Commission Expires:U Loa EXHIBIT "E" ENGINEERING DRAWING S1 (See Attachment) ;�9fSR• 3¢£e,goYRgx. € T :9s5o8 =RRx�•F'aa'1..2�yS'�1$44'piS EyGsx3^¢4'"R`9J P;'$c4isi7 yax$3€s$ag3F;2RRra$4xcaagec=°ggs'x$y5oayta6`�" Y -Imp 1 ss 3 ggCi gEfCnEE}:. -i a 1M$$ q9Y4 ¢¢£� HUN R as _ � !F "a p4P.0^9i �� 6' Alpc 84eay$ $gegPC fce+y.3ES S s^s^5 q s g Q^ 4!3 p4 4" '� 17^^ I -PC P� P•"2?a"4a'^}"- E3YPE3�Y9'9 i 1i,_ a 33£,HI i .. 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SITE FURNISHING FOUNDATION e DESIGNs� Z b O HOPEWELL MOOLE SCHOOL C ` a” y, m V rD 13060 COG&1RN ROAD j$ i G' ARLTON, GA 30004 € } Y m e HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 3, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and South Cover, Inc. for the Installation of two Batting Cages at Hopewell Middle School. MEETING DATE: Monday, September 8, 2414 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: RYES CITY ATTORNEY REVIEW REQUIRED: YYES APPROVAL BY CITY ATTORNEY XAPPROVED PLACED ON AGENDA FOR: O Q O 6 ` REMARKS () NOT APPROVED () NO () NO () NOT APPROVED q9� © Your *** Green~ r;,4o PHONE: 678.242.25001 FAX., 678.242.2499 ► ( ii' infoftityofmiltonga.us I www.cityofmiltonga.us «^3 community 1tE�h;� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 22, 2014 for the September 8, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and South Cover, Inc. for the Installation of two Batting Cages at Hopewell Middle School. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and South Cover, Inc. for the Installation of two Batting Cages at Hopewell Middle School. Executive Summary: We are re-purposing equipment that was previously used at Bell Memorial Park. The equipment will be installed at the baseball/softball field at Hopewell Middle School. This field is being used by the Hopewell Youth Association for one year while Bell Memorial Park is undergoing re-construction. Once Bell Memorial Park is back in service, this field will be available for Co- Ed Softball or other programming. Funding and Fiscal Impact: This contract is for $10,177.00 for the construction of two (2) batting cages. Savings were achieved by re-using the batting cage nets which were taken out of service at Bell Memorial Park. Funding is coming from the Parks and Trail Expansion budget. Alternatives: The only alternative is to not install batting cages. Legal Review: Paul Higbee – Jarrard & Davis 8/15/14 Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Meer Electrical Contractors, Inc. 1 CONSTRUCTION SERVICES AGREEMENT INSTALLATION OF BATTING CAGES AT HOPEWELL MIDDLE SCHOOL This Services Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 20 1__, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and SOUTH COVER, INC. (hereinafter referred to as the “Contractor”) having its principal place of business at 21 Oak Ridge, Winder, GA 30680 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”: A. This Agreement (5 Pages) B. Scope of Work, attached hereto as Exhibit “A” C. Insurance Certificate, attached hereto as Exhibit “B” D. Contractor Affidavit and Agreement, attached hereto as Exhibit “C” E. Subcontractor Affidavit, attached hereto as Exhibit “D” F. Photo of Existing Batting Cages 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 the construction of two (2) batting cages. 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 thirty (30) 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 $10,177.00 (the “Contract Price”), except as outlined in Section 4 above. Contractor 2 shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly 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 agre ements 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 durati on 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: Mr. Barry Gunn shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 3 I. Meetings: Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. 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 with in 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. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as 4 Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. 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 E in every subcontract for services contemplated under this Agreement. 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. SOUTH COVER, INC. Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor EXHIBIT “A” Scope of Work Contractor shall perform all tasks required to physically install two (2) batting cages at Hopewell Middle School. The work shall resemble the batting cages that previously existed at Bell Memorial Park. These cages are shown in Exhibit E. This project will re-use the nets shown in Exhibit E. The configuration at Bell Memorial Park had the cages installed side by side. At Hopewell Middle School, the cages must be front to back and as close to the fence as possible. The work to be performed will involve the following tasks and materials: 1) Install railroad crossties that are in good or new condition. 2) Frame the ties together with a metal strap. 3) Each cage to be 12’ x 76’ in dimension. 4) Add 2” of crush and run. 5) Add 1” layer of sand for fill. 6) Add filter fabric. 7) Add green synthetic outdoor carpet with backing and secured by stakes. 8) Level to grade. 9) Install six (6) poles, each pole 4.5” diameter and set at 42” depth. 10) Attach mounting brackets for cable on top perimeter. 11) Cable to be rated for 4100lb test, 3/16” and galvanized. 12) Install Carabineers on 24” centers and hang the net. Prior to the start of construction, the contractor must meet with a representative of the City to coordinate the exact location of the work to be performed and the rules for working at the school. EXHIBIT “B” Insurance Certificate (Contractor to provide attachment) EXHIBIT “C” 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: _________________________________ eVerify Number _________________________________ Date of Authorization SOUTH COVER, INC. Name of Contractor INSTALLATION OF BATTING CAGES AT HOPEWELL MIDDLE SCHOOL Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury 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 “D” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Cook Construction Services, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period , and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Subcontractor INSTALLATION OF BATTING CAGES AT HOPEWELL MIDDLE SCHOOL Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury 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 “E” PHOTO OF EXISTING BATTING CAGES HOME OF' ESTABLISHED 200(, CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 2, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Fun -Fare to Provide Event Services for the 2014 Crabapple Fest. MEETING DATE: Monday, September 8, 2014 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: VYES O NO APPROVAL BY CITY ATTORNEY VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 9 os 1 REMARKS ©10youlm *** PHONE: 678.242.2500 FAX: 678.242.2499r- 'e'' ,� ; uerti3ied ; Top IW infoCscityofmiltonga.us I www.6tyofm1ltonga.usN'IL111-kE, Community 73000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a` To: Honorable Mayor and City Council Members From: Angela Thompson, Special Events and Project Manager Date: Submitted on September 2, 2014 for the September 8, 2014 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Fun-Fare to Provide Event Services for the 2014 Crabapple Fest Department Recommendation: Approval. Executive Summary: The City of Milton and the Crabapple Community Association (CCA) will team up again this year to provide Crabapple Fest Saturday, Oct. 4, 2014 from 10 a.m. to 5 p.m. in downtown Crabapple. The more than 15,000 attendees can expect antiques and art from hundreds of juried vendors; a music and entertainment stage with local and touring acts; games, rides and activities for kids; and beer and wine in the festival grounds. Fun-Fare has again provided a proposal to provide 10 quality interactive inflatable and mechanical rides (including quad bungee, bull ride and rockwall) and generators with staff assigned to each activity. The agreement also includes sponsorship recruitment for a total of $8,000, 50/50 split of sponsorship recruitment and silver sponsorship credit. Fun-Fare provides a unique combination of services, making competitive quoting difficult as their package is sole source in nature. The City of Milton contracted with Fun-Fare for the 2011 and 2012 Milton Roundup, as well as the 2013 Crabapple Fest. Staff was satisfied with their services and welcomes their participation in 2014. Fun-Fare is easy to work with and provides a great experience for event attendees. Numerous metro Atlanta cities and counties utilize their services. Funding and Fiscal Impact: Budgeted FY14. The cost for rental of inflatables is $8,000. To date, Fun-Fare has recruited $13,450 (allowing for discount on the sponsorship packages at the cost of Fun-Fare’s 50%) in sponsorship dollars, making the City of Milton’s 50/50 split $7,250.00. Therefore, the City of Milton’s current liability to Fun-Fare for the interactive inflatables and mechanicals is $750. Page 2 of 2 Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (8/10/2012 Template) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement between the City of Milton and Fun-Fare for the 2014 Crabapple Fest Page 1 of 5 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM AGREEMENTS $10,000.00 OR LESS 2014 Crabapple Fest This Professional Services Agreement (the “Agreement”) is made and entered into this ____ day of ____________, 201__, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Fun-Fare. (hereinafter referred to as the “Consultant”). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the “Work”); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT EXHIBIT E SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as providing 10 quality interactive inflatable and mechanical rides (including quad bungee, bull ride, and rockwall), generators with staff assigned to each activity and sponsorship recruitment for the 2014 Crabapple Fest located in downtown Crabapple, 12650 Crabapple Rd, Milton, GA 30004. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City and shall fully complete the Work on the event date, October 4, 2014 per the “Notice to Proceed”. Page 2 of 5 Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually 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 $8,000.00 (the “Contract Price”), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney’s fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub-consultant, anyone directly employed by Consultant or sub-consultant or anyone for whose negligent acts Consultant or sub-consultant may be liable, regardless of whether or not the negligent act is caused in part b y a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. Page 3 of 5 D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant’s Representative: Bill Watson shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub-consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant’s breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. D. E-Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City-provided forms, attached hereto as Exhibit “C” and “D”, Page 4 of 5 that it and Consultant’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant’s and Consultant’s subcontractors’ verification process to determine that the verification was correct and complete. The Consultant and Consultant’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Consultant’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Consultant agrees that, in the event the Consultant employs or contracts with any subcontractor(s) in connection with this Agreement, the Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. Consultant’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “C.” The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. SAVE Affidavit and Secure Verifiable Document. Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Consultant’s legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16 -10-71), a form of which is attached hereto as Exhibit “E”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transacti ons Act). Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 5 Fun-Fare Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor Exhibit “A” Work Description 2014 Crabapple Fest Saturday, October 4, 2014 Fun-Fare activities:  Fun-Fare will provide up to 10 quality interactive inflatable and mechanical rides: o Quad Euro Bungee o Mechanical Bull o Rockwall o Sports Arena (New – 20 x 40 inflatable basketball court) o Cars 5 in 1 Bounce Slide Combo o Sports Obstacle Course (New) o Titanic Slide o Fire Truck o Pirate Ship Bounce/Slide Combo o 24’ Dual Slide  Regular price for this would be $11,975.00 plus $150.00 delivery and $500.00 generator. Fun- Fare will discount to a package price of $8,000.00.  Fun-Fare will provide employees to staff each item; the items will be free of charge to the general public.  Delivered and set-up by 10:00 AM to 5:00 PM; break down/pick-up.  Fun-Fare will provide power necessary to facilitate interactive activities.  Fun-Fare will recruit and split any revenue generated via sell of sponsorship 50/50 with the City of Milton. Fun-Fare will provide any size tent, table, and chairs needed to activate the sponsorship at no cost to the City. Fun-Fare reserves the right to discount sponsorships up to 20% if offered in a package deal with other Fun-Fare shows. Fun-Fare will assist and facilitate any “in-kind” or trade sponsorships that the City deems valuable (i.e. radio, print etc.) at no charge. Exhibit “B” Insurance Certificate Fun-Fare will provide the City of Milton a certificate of insurance that will show liability coverage in the amount of one million dollars ($1,000,000.00) with City of Milton listed as “additional insured”. EXHIBIT “C” STATE OF GEORGIA CITY OF MILTON CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the City. Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date Fun-Fare _________________________________________ 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: ___________________ EXHIBIT “D” 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 Fun-Fare on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date ________________________________________ Insert Subcontractor Name _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ _________________________________________ Notary Public My Commission Expires: EXHIBIT “E” STATE OF GEORGIA CITY OF MILTON SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _______________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). ____________________________________ Signature of Applicant ____________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: W HOME OF' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 3, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Contract between the City of Milton and Effective communications, Inc. for the Development of Social Media Policy. MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER., APPROVED CITY ATTORNEY APPROVAL REQUIRED: Y. YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY$APPROVED PLACED ON AGENDA FOR: O 1 v b 1 q REMARKS O NOT APPROVED () NO O NO () NOT APPROVED *1 In .* Youlm PHONE: 678.242.25001 FAX: 678.242.2499 Green *Cmdi J + fop IOU info@cityofmiitonga.us I www.cityofmiitonga.ust+e�nLE�E Community i f h;� �� 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 ��''a``� To: Honorable Mayor and City Council Members From: Jason Wright, Communications Manager Date: Submitted on September 3, 2014 for the September 8, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Contract with Effective Communications, Inc. for the Development of Social Media Policy. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In early 2014 City of Milton staff, including myself, Police Chief Deborah Harrell, Accreditation Manager Katherine Fies and Special Events and Projects Manager Angela Thompson attended a one-day training seminar in Duluth taught by Florida-based social media attorney Mark Fiedelholtz. We found tremendous value in it and approached Human Resources Manager Sam Trager about holding similar training for all City of Milton staff. Fiedelholtz offers a complete municipal government social media policy with remote training for staff. I will be trained in the execution of the policy and hold subsequent staff trainings here at the City of Milton. The total cost for the policy and training is $1,900. Funding and Fiscal Impact: Funding for this training will be achieved by existing fund line items. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Ken Jarrard – Jarrard & Davis (8/27/2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Effective Communications, Inc. Summary of Services Contract Effective Communications Inc. Summary Of Services Contract 1 Effective Communications Inc. will develop a social media policy and supply training tools to enforce the policy for the City of Milton, Georgia. 1.2 Upon completion of the social media policy first draft, Attorney Mark Fiedelholtz will hold a teleconference with City staff to discuss the policy. 3 The City of Milton will take Attorney Fiedelholtz's content and reformat the social media policy into the specific drafting style that complies with city policies. (i.e. headings, numbering system.) 1.4 Effective Communications Inc. will deliver its educational materials to the City of Milton for in- house training. The City of Milton holds a limited license to duplicate the DVD program, workbooks, and other training materials to facilitate in-house training to all city employees. No city employee or third party can use any of Effective Communications Inc.'s intellectual property for their own private business. No city employee or other third party can share our intellectual property with any person that is not a City of Milton employee or authorized by the City of Milton to access the materials for city training purposes. Effective Communications Inc. holds all copyright rights to their materials and no City of Milton employee or other third party is allowed to upload or transmit our videos, audio, teleseminars, written material or other materials on the Internet in any fashion, except as is otherwise required under the Georgia Open Records Act (O.C.G.A. 50-18-70, et.seq.). Notwithstanding any other provision of this Agreement, the City of Milton shall have the right to modify the social media policy at any time, and in its sole discretion, and in no event shall the social media policy be considered subject to a copyright. 5 The City of Milton may contact Attorney Mark Fiedelholtz by email or make a phone appointment for questions relating to social media, course materials and course delivery methods. Telephonic access to Attorney Fiedelholtz will be for one year from the date of this contract. It is anticipated by the parties that most phone calls will be for no more than thirty (30) minutes. If more than thirty minutes is required, both parties will agree on a convenient time for a longer call. The City of Milton will notify Attorney Fiedelholtz if a particular issue is "urgent" as a means of ensuring a prompt call back. Otherwise, Attorney Fiedelholtz will return calls within a reasonable time. 1.6 Effective Communications Inc. and President Attorney Mark Fiedelholtz are only acting as a legal educators supporting the City of Milton in their development of a social media policy and employee training to enforce the policy. We are not acting as the City of Milton's lawyer in any capacity and thus will not represent the City of Milton in any legal proceeding. 7 Effective Communications Inc. will receive the consuitant fee of one thousand and nine hundred dollars ($1,900) within thirty days of signing this contract. 8 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, Effective Communications, Inc. agrees that, during performance of this Agreement, Effective Communications, Inc., 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, Effective Communications, Inc. agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 1.8 in every subcontract for services contemplated under this Agreement. Signed, this 'd �-' da / � J Y of J 2014. ,� Ci/(y of Milton �1 A Attorney Mark Fiedelholtz President, Effective Communications Inc. HOME OF ' ESTTAIiLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 3, 2014 FROM: City Manager AGENDA ITEM: Proclamation — American Legion Day. MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: O t o o 1 REMARKS ©o Yau(m PRONE: 678.242.25001 PAX: 678.242.2499 info@cityofmiitonga.us I www.cityofmiltonga.us ii i i tFi. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 O NOT APPROVED XNO XNO () NOT APPROVED Gr" -e'- -e Community Ct [[ lied * Eup IVU � Erhics � American Legion Day WHEREAS, the American Legion was chartered by Congress in 1919 on September 16th as a wartime veterans organization based on the four pillars of Veterans Affairs & Rehabilitation, National Security, Americanism, and Children & Youth; and WHEREAS, over the years, the American Legion has become a preeminent community-service organization which now numbers more than 2.5 million members – men and women – in over 14,000 American Legion posts worldwide working a variety of programs that support the four pillars and benefit our nation’s veterans, its service members, their families, the youth of America and its citizens; and WHEREAS, the members of the American Legion are dedicated to upholding the ideals of freedom and democracy, while working to make a difference in the lives of fellow Americans; and WHEREAS, the 2014 observance of American Legion Day provides an opportunity to recognize Legionnaires in our community for their many contributions. Now, therefore, I, Joe Lockwood as Mayor of the City of Milton, proclaim September 16, 2014 as American Legion Day in the City of Milton and ask our citizens to reaffirm the observance of all the Legionnaires in our community. Given under our hand and seal of the City of Milton, Georgia on this 8th day of September, 2014. ________________________________ Joe Lockwood, Mayor HOME OF ' MILTO Ilk ESTAM-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 13, Fund Balance Policy — To Modify How the Minimum Fund Balance and Surplus Fund Balance are Determined and to Redefine How Surplus Fund Balance Can be Used. MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: )(APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: 9YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: (A 02)%4 REMARKS O NOT APPROVED XNO () NO ©.*Your ** Gf en '� * anified * Top'00 PHONE: 678.242.25001 FAX: 678.242.2499 C,yof info@cityofmiltonga.us I www.cityofmiltonga.us „3�, ii Community Ezhi� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on September 4, 2014 for the September 8, 2014 and September 22, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Chapter 2, Article VI, Division 13. Fund Balance Policy – To Modify How the Minimum Fund Balance and Surplus Fund Balance are Determined and to Redefine How Surplus Fund Balance Can Be Used Department Recommendation: Adopt the ordinance as written. Executive Summary: The current fund balance policy includes outgoing transfers as a factor in the calculation that determines what the minimum fund balance and surplus fund balance should be. Since a majority of the outgoing transfers represent monies that fund capital projects and since surplus fund balance may be used for capital projects, including the outgoing transfers as a factor seems redundant. The fund balance policy also states that surplus funds may be used for “one-time expenditures that are nonrecurring in nature and which will not require additional future expense outlays for maintenance, additional staffing or other recurring expenditures.” Since most capital outlays impact the operational budget one way or another, this language is too restrictive. Funding and Fiscal Impact: The impact this amendment will have is essentially freeing up more funds while still providing for enough of a cushion in the event of a shortfall. Alternatives: Leave the current ordinance in place. Legal Review: None. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Ordinance amendment. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PAGE 1 OF 3 AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 13. FUND BALANCE POLICY – TO MODIFY HOW THE MINIMUM FUND BALANCE AND SURPLUS FUND BALANCE ARE DETERMINED AND TO REDEFINE HOW SURPLUS FUND BALANCE CAN BE USED WHEREAS, Chapter 2, Article VI, Division 13 of the Code of Ordinances of the City of Milton, Georgia contains provisions on how the minimum fund balance and surplus fund balance are calculated; WHEREAS, the subsequent year’s budgeted expenditures and outgoing transfers are the two factors used in the calculation; WHEREAS, a majority of the outgoing transfers represent monies that fund the City’s capital projects; WHEREAS, a minimum fund balance is maintained to protect against cash flow shortfalls; WHEREAS, surplus fund balance may be used for one-time expenditures that are nonrecurring in nature; WHEREAS, including outgoing transfers in the calculation for minimum fund balance and surplus fund balance is redundant; and WHEREAS, most one-time expenditures impact the operational budget in some fashion; BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 22nd day of September, 2014 at 6:00 p.m. as follows: SECTION 1. That the amendment to Section 2-681(4),(5), and (6), as reflected in the highlighted language, is hereby adopted and approved; and is attached hereto as if fully set forth herein; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. PAGE 2 OF 3 ORDAINED this the 22nd day of September 2014. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk PAGE 3 OF 3 Sec. 2-681. Operational guidelines. (4) Minimum unassigned fund balance. The city will maintain a minimum unassigned fund balance in its general fund of 16 percent of the subsequent year's budgeted expenditures and outgoing transfers. This minimum fund balance is to protect against cash flow shortfalls related to timing of projected revenue receipts and to maintain a budget stabilization commitment. (5) Replenishing deficiencies. When fund balance falls below the minimum 16 percent, the city will replenish shortages/deficiencies using the budget strategies and timeframes described below. • The city will reduce recurring expenditures to eliminate any structural deficit; or • The city will increase revenues or pursue other fund sources; or • A combination of the two options above. Minimum fund balance deficiencies shall be replenished within the following time periods: • A deficiency resulting in a minimum fund balance between 16 percent and 11 percent of the subsequent year's budgeted expenditures and outgoing transfers shall be replenished over a period not to exceed one year. • A deficiency resulting in a minimum fund balance between 11 percent and six percent of the subsequent year's budgeted expenditures and outgoing transfers shall be replenished over a period not to exceed three years. (6) Surplus fund balance. Fund balance will be considered a surplus if over 21 percent of the subsequent year's budgeted expenditures and outgoing transfers. Should unassigned fund balance of the general fund ever exceed 21 percent, the city will consider such fund balance surpluses for one-time expenditures that are nonrecurring in nature and which will not require additional future expense outlays for maintenance, additional staffing or other recurring expenditures. _j�4---) HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of U14-02 — 14505 Batesville Road, by LRF Milton, LLC — To Operate a Rural Event Facility (Sec. 64-1842). MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES Y NO CITY ATTORNEY REVIEW REQUIRED: {) YES (j NO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR REMARKS o9os�� ® y0flin PHONE: 678.242.2500' FAX: 678.242.2499 ee ; Ceait,ni* roQ lou infoGcityofmiltonga.us I www.cityofmiltonga.us Community ; Ethic, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 I>'�'ec Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 1 of 19 PETITION NUMBERS U14-02 ADDRESS 14505 Batesville Road DISTRICT, LAND LOT 2/2, 661, 662, 707 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Rural Event Facility (Sec 64-1842) ACRES 47.7 EXISTING USE Single Family Residence, atrium, barns, and accessory structures PROPOSED USE Rural Event Facility OWNER/PETITIONER LRF Milton, LLC ADDRESS 14505 Batesville Road Milton, GA 30004 REPRESENTATIVE Richard Allan Kaye, Esq. ADDRESS 1600 Parkwood Circle Atlanta, GA 30339 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U14-02- APPROVAL CONDITIONAL A request a Use Permit to operate a rural event facility (Sec 64-1802) on 47.7 acres. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 2 of 19 CITY OF MILTON PLANNING COMMISSION RECOMMENDATION – AUGUST 27, 2014 U14-02 – APPROVAL CONDITIONAL – 3-2 After deliberations, the Planning Commission requested that the following conditions be amended as follows: 1) To the owner’s agreement to restrict the use of the subject property as follows: c) The hours of operation shall be the following: i. Friday through Sunday Saturday: 9:00 a.m. to 11:00 p.m. with the ceasing of amplified sound and serving of alcohol at 10:00 p.m. ii. Monday Sunday through Thursday: 9:00 a.m. to 10:00 p.m. with the ceasing of amplified sound and serving of alcohol at 9:00 p.m. iii. Amplified sound of music shall be located within the enclosed portion of the atrium. iv. All deliveries shall enter off of Batesville Road. v. When portable toilets are used, they shall not be viewed from Batesville Road and Taylor Road. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 3 of 19 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 4 of 19 Existing Zoning Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 5 of 19 Future Land Use Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 6 of 19 REVISED SITE PLAN SUBMITTED – August 19, 2014 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 7 of 19 View looking east from Atrium (event space) toward Valmont S/D View looking at gazebo from top of stairs to Atrium (event space) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 8 of 19 View of house (bed & breakfast) on left and atrium (event space) to the right View looking west across from the pond to atrium (event space) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 9 of 19 View from the driveway to the atrium (event space) View looking north toward parking area Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 10 of 19 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 10,500 square foot single family residence and other accessory structures built between 1910 and the present on 47.7 acres. There is also an existing 2,748 atrium (pavilion) recently constructed. Staff notes that the Mayor and City Council approved a Use Permit (U14-01/VC14-02) for a 4 bedroom bed and breakfast on August 18, 2014. The bed and breakfast will be utilized to accommodate guests using the event facility. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on August 19, 2014, Staff offers the following considerations: In the applicant’s letter of intent received by the Community Development Department on August 18, 2014, it indicates that the applicant seeks a Use Permit for a rural event facility primarily utilizing the existing 2,748 square foot atrium (event space). The applicant is proposing to construct an addition to the atrium of 1,512 square feet for a total of 4,296 square feet. Rural Event Facility (Section 64-1842) Required Standard Meets the Standard 1. Lot area shall be a minimum of five acres. Yes, 47.7 acres 2. Permitted curb cut access shall not be allowed from a local street. Yes, Batesville Road is collector road. 3. Parking a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the Department of Public Works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. Yes, Meets all the requirements. 120 parking spaces provided, 100 required. 4. Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII, Division 2 of the City Code. Yes, applicant has agreed to this requirement. 5. Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. Yes, meets these requirements. 6. The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. See discussion below. 7. T 7. Tents used for any event may be set up no more than twenty - Yes, applicant has agreed Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 11 of 19 four (24) hours in advance and must be taken down within twenty-four (24) hours after such event. to this requirement. 8. Location and dimensions of undisturbed buffers, if needed to ameliorate the visual and audio effects of the facility, will be evaluated and determined by Mayor and City Council on a case by case basis for each site. See discussion below. 9) The design of newly constructed structures is to be consistent with the “Building and Other Structure Design (Sec 64 -1142 (6)) of the Rural Milton Overlay Zoning District. Proposed expansion of atrium will be required to meet this requirement. Discussion of Use Permit Standards The applicant’s revised letter of intent received by the Community Development Department on August 18, 2014 stated the following: 1. Maximum capacity of 250 guests 2. Hours of Operation: 9:00 a.m. to Midnight, with music until 11:00 PM. Following the 11:00 music termination, event attendees would have until 12:00 a.m. to acquire their vehicles from valet and vacate the events facility. 3. Days of Operation: Seven Days a Week. Although applicant anticipates that most events will be held Friday through Sunday, it will also make the facility available during the week for select corporate, political and other events. All events will comply with the Allowable Sound Levels provided by Sections 20-680 and 20-681 of the Code of the city of Milton. Applicant would be amenable to earlier closing times Monday – Thursday during the academic year (e.g. Music until 10:00 p.m. and attendees vacating the facility by 11:00 p.m. 4. Last Call: Last call for any alcoholic beverages will be 15 Minutes prior to the termination of music at 11:00 PM. 5. Traffic: Depending upon the number of attendees, all events will have either one or two off-duty City of Milton or Fulton County police officers directing traffic in and out of the facility. Valet service will be mandatory for all events over 75 attendees. Item number six (6) of the Use Permit Standards should be determined by the Mayor and City Council. Above, Staff has provided the applicant’s request for number of attendees and hours of operation that include days of operation. The applicant has proposed a maximum of 250 guests for each event. Staff is in agreement with this request based on the large size of the parcel and the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 12 of 19 location of the event facility located in the center of the property. This number will be reflected in the Recommended Conditions. It is Staff’s opinion that the proposed time of Midnight for ending events, Friday through Sunday is too late and may have a negative impact on the surrounding properties. The Mayor and City Council recently approved a Use Permit for a similar operation pursuant to U13-04 located at 13895 Hopewell Road which required that amplified sound cease at 10:00 p.m. and the Use Permit required the event to cease at 11:00 p.m. Therefore, Staff recommends the same requirements for the subject site and will be included in the Recommended Conditions. In respect to hours of operation Monday through Thursday, Staff recommends that events end at 10 p.m. and amplified sound ceases at 9:00 p.m. throughout the entire year. This condition will be included in the Recommended Conditions. Item number eight (8) allows the Mayor and City Council to determine the location and dimensions of undisturbed buffers for the subject site. The applicant’s revised site plan does not provide for additional undisturbed buffers but mentioned that the applicant has planted additional vegetation between the atrium and the property line to help ameliorate noise. It is Staff’s opinion that based on the size of the property, 47.7 acres , the additional 30 plus acres for the entire site, the Little River to the west, existing heavy vegetation along the north property line abutting Taylor Glen Subdivision, Atlanta National Golf Course to the south and lastly, preserving the rural viewshed along both Batesville and Taylor Roads, undisturbed buffers are not required. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be minimal improvements to the site. Fire Marshal HYDRANT INFORMATION:  According to IFC appendices that guide the safe development of hydrants and amount of water, needed fire flow for a type v structure of 4,296 square feet is 1,750 GPM for 2 hour duration. One hydrant is required. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 13 of 19  This can be a wet hydrant off of the county m ain (if the space is un- sprinkled, it would have to be within 400 feet of the building. If the pavilion is sprinkled, that distance can increase to 600 feet, which is still being determined).  It can also be a dry hydrant off of the pond or via pump or cistern or some combination thereof, but the designer would have to affirmatively demonstrate (via submission with plans to the City of Milton Fire Marshal) that the method is sufficient to provide both the 1,750 GPM for 2 hours and the sprinkler flow if they are pulling from the same source.  With a dry hydrant, they would also have regular testing or will be conducted by the City Fire Department’s annual inspection of the commercial space. ACCESS INFORMATON:  Per the IFC Appendix D referenced the City Code, the minimum road width should be 26 feet, but have allowed 24 feet in subdivisions. The road width can be reduced to 20 feet as long as no parking is posted along the access road. Given that it is an access drive, this is probably the best option, as long as there is an open spot near the buildings for the Fire Department to set up if needed and at least 26 feet in the area of the hydrant.  It also lists the minimum gate width of 20 feet.  Again, per City Code, this also needs to be balanced with Community Development and Transportation regulations. Public Works Department 1. Stopping sight distance profile is provided and traffic memo states intersection sight distance is adequate. 2. Driveway width and radius returns within the right of way do not meet standards. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are wetlands, floodplain, and streams including the Little River. In addition there are specimen trees but will not be impacted by the development. There are no slopes exceeding 25 percent, endangered vegetation or wildlife on the site. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 14 of 19 Public Involvement Community Zoning Information Meeting On July 29, 2014 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were 27 people in attendance at the meeting. The following issues were brought up at the meeting:  Concerned about noise disturbing residents in Valmont subdivision.  Concerned about potential intoxicated drivers coming from events driving in the vicinity.  Concerned with the reduction of property values for adjacent and nearby properties.  Residents stated that they would rather see a subdivision developed than an event facility.  Residents questioned who would enforce the conditions of the use permit. City of Milton Design Review Board Meeting Courtesy Review – August 5, 2014 The following comments were made at the meeting:  This is a good use of the property.  Make sure parking is not visible from neighboring houses. Public Participation Plan and Report The applicant submitted the Public Participation Report on August 20, 2014. The public participation meeting was held on August 13, 2014 at 7:00 p.m. at the proposed site. There were eleven people who signed in, but there were some who chose not to sign the sign-in sheet. Staff has attached the issues and the applicant’s responses at the end of the Staff report. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 15 of 19 The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policies are consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” ”We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place.” 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to the Little River which is the border between the City of Milton and Cherokee County to the west. To the north is Taylor Glen subdivision and to the east is Valmont subdivision with minimum one acre lots. To the south is the Atlanta National Golf Club. It is Staff’s opinion that the proposed rural event facility is compatible with adjacent and nearby properties if approved with the Recommended Conditions. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the frequency and timing occurs during off peak times, during the weekend hours and typically not during the week. In addition, traffic will be entering and exiting on Batesville Road and not on Taylor Road where there are existing single family subdivisions, which should minimize the impact on these subdivisions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 16 of 19 5. The location and number of off-street parking spaces; The required number of parking spaces is one space per 2.5 attendees. The applicant has indicated a total of 120 parking spaces for the facility which is 20 more than the required 100 parking spaces. The applicant has also indicated that valet parking will be required for events w ith more than 75 attendees. The parking is located in the central part of the site and cannot be seen from either Batesville or Taylor Roads or adjacent properties. 6. The amount and location of open space: The proposed site provides for a large area of open space which primarily surrounds house and accessory structures. 7. Protective screening: Based on the site plan submitted and the proposed use, Staff recommends no additional buffers on the site based on the size, existing tree coverage, and the intent to preserve the rural viewshed along the roadways. In addition, there is already a requirement of a 50 undisturbed buffer and 25 foot non improvement setback along the Little River on the west boundary of the site. 8. Hours and manner of operation: The applicant has requested that the facility be from 9:00 a.m. to Midnight, with music until 11:00 p.m. Following the 11:00 music termination, event attendees would have until 12:00 a.m. to acquire their vehicles from valet and vacate the events facility. In addition, the applicant requested that Monday – Thursday during the academic year until 10:00 p.m. and attendees vacating the facility by 11:00 p.m. It is Staff’s opinion that these requested times are too late based on recent Council policy of ceasing amplified sound at 10:00 p.m. and the event end at 11:00 p.m. for Friday through Sunday. For the remainder of the week, the hours of operation should be between 9:00 a.m. and 10:00 p.m. with amplified sound ending at 9:00 p.m. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 17 of 19 The proposed ingress and egress to the event facility is via Batesville Road and thus will have minimal direct impact on the subdivisions along Taylor Road. CONCLUSION If approved with the Recommended Conditions, the proposed rural event facility is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U14-02 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 18 of 19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Rural Event Facility CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 2) To the owner’s agreement to restrict the use of the subject property as follows: a) A rural event facility. b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following: i. Friday through Sunday: 9:00 a.m. to 11:00 p.m. with the ceasing of amplified sound at 10:00 p.m. ii. Monday through Thursday: 9:00 a.m. to 10:00 p.m. with the ceasing of amplified sound at 9:00 p.m. 3) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on August 19, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 4) To the owner’s agreement to the following site development considerations: a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other buildings shall not be expanded in size as depicted on the revised site plan received by the Community Development Department on August 19, 2014. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on September 22, 2014 (First Presentation September 8, 2014) 9/3/2014 U14-02 Page 19 of 19 b) The location and number of parking spaces shall be as depicted on the revised site plan received on August 19, 2014. All events with more than 75 attendees shall be required to have valet service and provide a minimum of one off-duty police officer for such events. 5) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way Responses to Issues and Concerns LRp MILTON, LLC RECEIVED The following Issue and Concerns were raised at and prior to the neighborhoodm CITY OF is+t L i UN AMUNlTY DEVELOPMENT 1, ISSUE: Noise levels emanating from the events venue. RESPONSE: To address the perceived noise concern, and demonstrate that noise would not be a real issue for the residents of the Valmont Subdivision, Applicant created a sound stage which blasted music from the Atrium where the events will be held at a 90* decibels level -far in excess of the levels which emanate from the venue and would be uncomfortable for attendees at the venue (e.g. Rock concert levels). Even at these very high levels, at the actual Property line with Taylor Road, the readings were between 4045 decibels, far below the City Ordinance limit of 55 decibels. Next, as past of the demonstration, Applicant turned the music down to what it anticipates the levels to be, approximate 80 decibels or lower and the sound meter that measures sounds from 40 decibels and above did not register at the Property line following this adjustment, One attendee told us that his wife inside the closest home to the Property could not hear the sound at all. Asan Accommodation to the Valmont residents, the Applicant filed a Revised Letter of intent to construct an extension of the Atrium, which will provide for solid Plexiglas windows and a sold wall with stone fireplace, to further dampen the sound. Even though the sound stage demonstration proved the events would not even approach the hinits of 55 decibels set forth in Sections 20-680 and 20-681 of the Code of the City of Milton, the extension of the Atrium is being made as an accommodation solely in order that the Valmont residents well be further, and additionally sheltered from any event noise. This accommodation was made at considerable cast to the Applicant. As an additional noise Accommodation, Applicant has planted 20 Leyland Cypress Trees between the Atrium and the Property line to further dampen the sound. ISSUE: Parking and egress and ingress to the facility would create additional noise, be visible to Valmont Residents and present safety issues. RESPONSE: To address the perceived concerns about parking (visibility to residents, mise), and ingress and egress visibility safety concerns being on the hili of Batesville Rd, the Revised Letter of Intent removed entirely the Easterly parcel of the Property from the Application, changing the size of the facility from 80 plus acres to approximately 48 acres of farm land. In essence, the Valmont residents were concerned that the parking proposed on the previous .application was closer to their subdivision and Taylor Road entries, so there would be more noise, they might be in the line of site of the parked cars and inconvenience of traffic so close to their subdivision entry. The Valmont residents raised perceived safety concerns about the effcct the originally proposed egress and ingress for the parking would have on their subdivision. Without further debate and as a significant accommodation to the Valmont residents, Applicant has now agreed to remove the Easterly parcel of 32 acres entirely front the proposed events facility Application and relocate the parking to the one affected parcel, completely out of the line of sight and sound of the Valmont subdivision. In addition, the proposed entry to the events facility was moved to the main entry of the affected parcel, providing for additional line -of -sight for egress and ingress, diffusing the Valmont residents' concerns. This accommodation siggiftaritly reduce the use of the events facilit ro�ert f'ormall_y $0 acres}, but is beim proposed to accomtttodate perceived, but unnr�oyen parking, -potential n ' eaqdet issues raised by the residents of Valmont. Further, Applicant will have either one or two ofd' -duty City (004819V.Q00( Georgia Rustic Wedding Locations 12 A B C p E F G 1 VENUE ADDRESS ACRES PHONE _HOURS 0Clperation SOUNDOROINANCE Vacating Premise 620 Station Camp Creek Road, Music Stops at 11:30pm/ Bands 2 Vinewood Plantation 1324 Roscoe Road, Newnan 30263 ...�...... L,IM � 404-520.7465 -.._...__. Friday -Sunday only must he approved. Midnight 7 days a week 85- Appt/ any day of have for the weeke.^.d _ 3 Thlstiewood Farms 12332 Hwy 42 S Byron 31008 52 acres 478-474-4701 week Music stops at It pm Midnight to lam Court Street Livery 30673 4432 Cave Spring Road, Rome 1500 Open April -mid Nov/ Music stops at 12am/ will 4 Belle Terra 01361 acres x.706-235-5872 any day of the week extend No set time 104 Stonewall St, Cartersville None/ surrounded by 5 Stonewail Manor 30120 4371 Marietta St, PowderSprings 2 acres 770-387-0723 7 days a week businesses Midnight Magnolia House of Powder 6 Springs 30127 N/A 770-943-2860 17days a week 11pm llpm 11:30 PM 310 Gil mer Ferry Road, Ball Ground 7 The Corner District 30170 n/a 770-862-3537 7 days a week llpm/gocd neighbor mldn4ht Through Thursday 20 Summaur Studio 409 Bishop St NW Atlanta 30318 N/A L/M 404.962-8708 7 days a week Can add 1+ hou r to 4 12:30 AM 12AM 61 Marble Mansion Lane, Tate 916 Joseph F. Lowery Blvd Atlanta No sou nd ordinanml prefer 1/2 hour wedd Ing 8 Tate (louse 30177 » 29 acres 770.735-3122 7 days a week 11:30 -midnight package Chukkar Farm Ado dub & 1140 Liberty Grove Road 9 Event Facility Alpharetta 30004 173 acres _ i770 -898-129B 7 days a week llpm rsoise ordinance flexible y 80 acres/ facility on 5 1 Midnight ( 2 day 10 The Town of Ynot 538 Benson Road, Dallas 30132 1291 Braswell Rd, Rockmart 30153 jacres 1000 acres 1678 28-8285 [ 770-880-7739 7 days a week 7 days a week music ordinance 10pm 11pm [venue rentais) 4 hr reception pkg SS Hills Creek 12 Beaver Creek Plantation Fritz Farm [3Bq8Hwy80E,TwlnC1ty 30471 193 acres q78.763-2920 13 4015 U.S. Highway 280 E, Cordele 31415 26 acres 404-772.9826 . I 7 days a week_ t-1-1 ordinances / II;ao pm Midnight/ but If yofiexlbie urent thesound ordinance/ use the weekend/ ne time 7 days a week d nelghbor Rule limit RECEIVED AUG 2 7 2014 CITY OF MILTON COMMUNITY DEVELOPMENT 100 acre within a 10001 14 Twin Oaks Farm 386 Pope Road, Pineview 31071 acres : 770-313-3270 ' 7 days a week no sound ordinance Midnight 620 Station Camp Creek Road, 15 The Barn at Tatum Acres Jasper 30143 75 acres 470-774-0931 7 days a week 11pm have for the weeke.^.d 16 West Court St., Washington 16 Court Street Livery 30673 1404-219.9938 17 4 Carlos Museum 5715. Kilgo Circle, Atkanta 30322 NIA Inside space only 4D4-727-4282 7 days a week Slpm Slpm 2.245 Piedmont Avenue NE Atlanta 18 Atlanta Botanical Gardens 30304 UM 1404.676.5859 Midnight 19 Gardens at Great Oaks 766 Mimosa Slyd Roswell 30075 10 acres 1770-6934DID 7 days a week llpm 11:30 PM IW:OD AM Monday Through Thursday 20 Summaur Studio 409 Bishop St NW Atlanta 30318 N/A L/M 404.962-8708 7 days a week 12:30 AM 12AM n 916 Joseph F. Lowery Blvd Atlanta 21 The Foundry 30316 NA/LM 404-815-0707 7 days a week 1:30 AM 1:30 AM RECEIVED AUG 2 7 2014 CITY OF MILTON COMMUNITY DEVELOPMENT IN SUPPORT OF the LRF Milton, LLC's permit request to operate a Rural Event Facility: The below listed property owners reside in the Taylor Glen subdivision and all SUPPORT LRF's request to operate a Rural Event Facility. The Taylor Glen neighborhood abuts much of the property of LRF and is practically "in the backyard" of Little River Farms. Since the Taylor Glen neighborhood consists of the largest number of landowners in closest physical proximity to LRF, we believe we would be the most impacted by the permit request. Thus, we hope the Planning Commission and City Council will give credence to our view that LRF's request would be the best use of the property and that we are all in support of creating a Rural Event Facility on the property. Lisa & Keith Crandall - 14700 Taylor Valley Way Ken & Julie Morton - 14732 Taylor Valley Way Fritz& Mary Jo Holzgrefe -14743 Taylor Valley Way Chad & Carmen Spangler - 14724 Taylor Valley Way Nathan & Susanne Martin -14767 Taylor Valley Way Larry Boese & Liane Russell - 14772 Taylor Valley Way Rob & Katie Spee- 14748 Taylor Valley Way Jane & Tom Hart - 14740 Taylor Valley Way George & Lisa Bumiller - 14708 Taylor Valley Way Trish & Kevin Neal - 14716 Taylor Valley Way Wendi & Mark Worley - 14780 Taylor Valley Way Lori & Jim Konen- 120 Taylor Valley Court Richard & Jennifer Noonan - 105 Taylor Valley Court Kathleen & Brian Johnson - 385 Taylor Glen Drive Daniela & Tyler Simpson - 365 Taylor Glen Drive Jeff & Susan Brown - 389 Taylor Glen Drive Laura & Matt Sayre - 349 Taylor Glen Drive Melodie & Joseph Edwards - 369 Taylor Glen Drive Jennifer Brooks - 336 Taylor Glen Drive Paul & Kimberly Kenney - 393 Taylor Glen Drive Lori & Chris Rowley - 368 Taylor Glen Drive Dana & Joseph Draughon - 321 Taylor Glen Drive Charles & Lisa Fisher - 388 Taylor Glen Drive Gina & Stephen Critchfield - 396 Taylor Glen Drive Connie & Richard Herrin - 384 Taylor Glen Drive Robert & Cody Hicks - 157 Taylor Ridge Way Dick & Kate Barkelew --154 Taylor Ridge Way Darrin & Elizabeth Cohen - 158 Taylor Ridge Way Amy & Michael Matthews -146 Taylor Ridge Way Josh & Kelly Masters -145 Taylor Ridge Way Heather and Andy Braddy - 142 Taylor Ridge Way Jodi & Mike Christensen -148 Jordan Ridge Court Todd & Kelley Unverzagt -145 Jordan Ridge Court RECEIVED CH r OF MIL I ON COMMUNITY DEVELOPMIENT This list includes 33 households. Please note that any property owners in Taylor Glen that are not listed herein does NOT indicate any opposition to the permit, they simply did not reply to a neighborhood email on this issue. Also note that there were NO emails or replies to the neighborhood -wide email in opposition to the LRF permit. All of the above addresses are located in Milton, GA. 30004 Robyn Macdonald From: staceywjacobs@yahoo.com Sent: Wednesday, August 27, 2014 3:32 PM To: Robyn Macdonald Subject: Event facility and surrounding neighborhoods Dear Member of Planning Commission, Thank you for taking the time to read this and thoughtfully considering the interests of those citizens most impacted by the proposal of the Event Facility on Batesville Road. There are many of us in several neighborhoods who are strongly opposed to this passing. We were in support of the family being able to open the Bed & breakfast and wish them success. However, the event facility will have an impact on our quality of life and possibly our daily lives. On August 23, 2014, a private party was held at the Little River Farms property. The sounds of the guests, di, band music and recorded music could be heard in our home. We were unable to listen to our own quiet music on our back deck. The music we were hearing was " Bootylicio us" by Beyonce played from the farm. What a terrible feeling to know that you will not know or have any control over what music will be heard by your children as they play in the yard or sit in their home. The most disturbing part of the evening is that the music could be heard in my 5 year old son's bedroom. My normally sound sleeper was not sleeping well that night. I believe they stayed within the allowable sound levels so it was probably a good indicator of what we could expect for future parties or weddings. I believe this property has been compared to another event facility on Hopewell Road for planning purposes. We feel these properties are very different because the Hopewell Road Facility is enclosed. We are asking this facility be enclosed as well. If it must be passed, then we see this as the only reasonable alternative. We would like for the events to be limited in some manner. Either one day per weekend or only 2 or 3 weekends per month. Weekdays should not even be a consideration with so many working families with school aged children bordering the property. There appeared to be consideration for the academic school year, but 9 pm is too late. Many of the children in our neighborhood are very young and have earlier bedtimes. What a heartbreak to have to wait for the band to finish to put your 5 year old to bed. Especially in such a quiet community like Milton. You have the powerto protect hundreds of people and their children in this matter. We share the same desire to keep Milton rural and agricultural, but in this case we feel the citizens should have a voice. Let's put our families and children first in this decision. Best regards,. Stacey Jacobs 404-432-1358 Sent from my iPad Robyn Macdonald From: Tom Doering <tmdoehng2@comcast.net> Sent: Tuesday, August 26, 2014 11:22 AM To: Robyn Macdonald Subject: Re: U14-02 Rural Event Facility Staff Report Robyn Thank you for a copy of your report. I had attended the on-site visit at Little River Farm along with some of my neighbors. Some of the changes they have agreed to such as moving the entrance / exit and parking away from Taylor Road and Valmont are nice however the biggest concern remains noise and safety. This past Saturday a private wedding was held at Little River Farm. Several of the residences in Valmont could hear the live music, crowd noise and vendor traffic from our homes (both inside and outside). Several of my neighbors called the Milton Police to complain of the noise. The event went on well past midnight. The noise disturbed our peace and quite and for some neighbors their sleep. I understand that this was a private wedding for Mr. Ivey, however, this gives us a strong indication of what is to be expected. More steps need to be taken. Every home in our neighborhood has large beautiful screened -in decks (some with fireplaces) which we all enjoy using. My wife and I enjoy spending time on our deck with our kids to have meals, family conversations or to just relax. The noise coming from LRF will destroy the enjoyment of our home and the beauty of living in this part of Milton. Some of the changes we want to see are to fully enclose the Pavilion, place larger buffers ( not the 3-5 foot trees they planted), limit the time Fridays / Saturdays to10:00 Pm, Sundays and during week to 6:00 pm. I know many of my neighbors will be at the Planning Commission meeting on Wednesday. We look forward to meeting you. Sincerely, Tom Doering Valmont Resident On Aug 25, 2014, at 9:17 AM, Robyn Macdonald Rob n.Macdonald cit ofmilton a.us> wrote- All, rote: AII, Below is the link to Community Development's Staff report/recommendation prepared for the upcoming Planning Commission meeting on Wednesday, August 27, 2014 at 7:00 p.m. in the Council Chambers. This is just a recommendation to be presented to the Planning Commission. They will make a recommendation that will be forwarded to Mayor and City Council's meeting on September 22, 2014 to be held at 6:00 P.M. Both the opposition and the support (including the applicant under the support side) has 10 minutes each to present speak. So for each side, please plan accordingly. Let me know if you have any further questions. Robyn http:llwvvw.cityofmiltona.flr�Ipu12014 08-27-2014 Packet.pdf rirnage001.gif> Robyn MacDonald Principal Planner Community Development Department 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Office — 678-242-2540 Fax - 578-242-2550 www. cityofm i Itonga. u s <1mage002.gif> <image003_gif><image004.gif> Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, question, comment, complaint or compliment? We want to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at info(a-).citvofm iltonga. us. Our Care Values Innovation I Quality I Integrity I Transparency 9 Respect I Fiscal Responsibility I Professional Development Page 1 of 7 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. U14-02 AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1842) FOR A RURAL EVENT FACILITY ON 47.7 ACRES LOCATED AT 14505 BATESVILLE ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 22, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 14505 Batesville Road, consisting of a total of approximately 47.7 acres as described in the attached legal description, a Use Permit for a rural event facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 661, 662, and 707 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for a bed and breakfast listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1802 of the Zoning Ordinance of the City of Milton with the approved concurrent variance; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereb y repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. Page 2 of 7 ORDAINED this 22nd day of September, 2014. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Page 3 of 7 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Rural Event Facility CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) A rural event facility. b) The number of attendees shall not exceed 250 people for any single event. c) The hours of operation shall be the following: i. Friday through Sunday: 9:00 a.m. to 11:00 p.m. with the ceasing of amplified sound at 10:00 p.m. ii. Monday through Thursday: 9:00 a.m. to 10:00 p.m. with the ceasing of amplified sound at 9:00 p.m. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on August 19, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) A 10,536 square foot structure, a 4,296 square foot atrium, and all other buildings shall not be expanded in size as depicted on the revised site Page 4 of 7 plan received by the Community Development Department on August 19, 2014. b) The location and number of parking spaces shall be as depicted on the revised site plan received on August 19, 2014. All events with more than 75 attendees shall be required to have valet service and provide a minimum of one off-duty police officer for such events. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way Page 5 of 7 REVISED SITE PLAN SUBMITTED AUGUST 19, 2014 Page 6 of 7 Page 7 of 7 HOME OF ' M I N 1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Adopt Amendments to the Fiscal 2014 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, September 8, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (),11 APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITYATTORNEYREVIEWREQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 4 10I k` r. -T.11 /::. () NOT APPROVED (�'NO (-�INO () NOT APPROVED 01 Yoain r *** PHONE: 678.242.2500 1 FAX: 678.242.2499 Green *c«<;r;�a r°P,00 c;t}�„r info@cityofmiltonga.us I www.cityofmiltonga.us ��® Commune 11 Em,; �f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""'"' ,�' 7Il City of Milton, Georgia Fiscal Year 2014 Summary of Departmental Budget Amendments The goal of the fiscal year 2014 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance/ operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 1,497,350 Expenditure Appropriation Increase 1,392,541 Net Revenue/(Expenditure) Requests:104,809 Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2014 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. Local option sales tax is anticipated to be $550,000 more than what was projected in March for the mid-year budget amendments. 2. Motor vehicle taxes have increased significantly as a result of House Bill 386. This was passed by the legislators in 2012 with a March 1, 2013 effective date and provided for a new method of taxation called the “title ad valorem tax.” It is predicted that this revenue source will trend higher for the next two or three years and then start to taper off as individuals cycle out of the “birthday tax” previously in place. For FY 14, the trend is showing an increase of $200,000 over what is currently budgeted. 3. Property taxes are anticipated to be $370,000 higher than projections (net $440,000 increase for current taxes and a $70,000 decrease in prior year taxes). 4. Land disturbance fees and building permit revenues were increased by $106,700 and $50,000, respectively, to account for higher-than-anticipated collections. 5. The court administration fee and fines and forfeitures were increased by a total of $140,000 due to the trend of higher-than-anticipated revenues in this fiscal year. 6. Plan review fees are coming in $82,000 higher than projected. 1 of 21 Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) TAXES Current Yr Property Taxes-Real 8,007,886 7,948,755 7,860,000 440,000 8,300,000 - 8,300,000 Current Yr Property Taxes-Utility 59,227 60,042 59,000 - 59,000 57,084 1,916 Prior Yr Property Taxes-Real 307,548 298,587 230,000 (70,000) 160,000 153,916 6,084 Current Yr Prop Taxes-Personal 204,611 200,861 190,000 - 190,000 - 190,000 Motor Vehicle Tax 575,665 751,348 700,000 200,000 900,000 844,979 55,021 Intangible Tax 237,498 269,681 250,000 (75,000) 175,000 148,895 26,105 Prior Yr Prop Taxes-Personal 4,184 11,422 5,000 - 5,000 4,493 507 Real Estate Transfer Tax 53,571 71,341 75,000 - 75,000 61,680 13,320 Franchise Fees 1,842,164 1,867,963 1,800,000 45,000 1,845,000 1,402,104 442,896 Local Option Sales Tax 3,982,249 3,983,981 7,000,000 550,000 7,550,000 5,633,710 1,916,290 Alcohol Beverage Excise Tax 293,425 298,125 285,000 - 285,000 244,503 40,497 Business & Occupation Tax 613,094 663,050 605,000 63,800 668,800 668,839 (39) Insurance Premium Tax 1,627,175 1,684,784 1,600,000 - 1,600,000 - 1,600,000 Financial Institution Tax 32,795 33,918 33,000 - 33,000 35,172 (2,172) Penalties & Interest-Real Prop 32,758 23,285 20,000 - 20,000 23,058 (3,058) Penalties & Interest-Pers Prop 775 2,606 1,000 - 1,000 263 737 Penalties & Interest-Business Lic 15,420 15,673 6,000 - 6,000 15,468 (9,468) Penalties & Interest-Other 3,851 5,639 3,000 - 3,000 127 2,873 Total: Taxes 17,893,895 18,191,063 20,722,000 1,153,800 21,875,800 9,294,291 12,581,509 LICENSES & PERMITS Alcohol Beverage Licenses 135,851 145,600 135,000 - 135,000 138,600 (3,600) Advertising Fee 1,200 1,072 1,000 - 1,000 1,600 (600) Pouring Permit 6,620 5,970 5,000 - 5,000 5,360 (360) Solicitation Permit 195 1,170 300 - 300 195 105 Zoning & Land Use Permits 11,107 21,147 18,575 - 18,575 21,775 (3,200) Land Disturbance 14,143 85,860 131,254 106,700 237,954 237,972 (18) Modification 1,600 100 500 - 500 2,100 (1,600) Variance 6,200 3,425 2,000 - 2,000 4,950 (2,950) Seasonal & Special Events 1,360 880 700 - 700 1,330 (630) Sign Permits 1,625 4,673 2,565 - 2,565 7,253 (4,688) Building Permits 311,864 405,191 400,000 50,000 450,000 413,563 36,437 Retaining Wall - - - - - - - NPDES Fees 774 3,066 5,321 - 5,321 12,181 (6,860) Taxi & Driver Permitting Fees - 200 800 - 800 1,400 (600) Total: Licenses & Permits 492,538 678,353 703,015 156,700 859,715 848,278 11,437 INTERGOVERNMENTAL REVENUES Fulton County/SSD Funds - 48,298 1,711 - 1,711 1,711 (0) Total: Intergovernmental Revenues - 48,298 1,711 - 1,711 1,711 (0) CHARGES FOR SERVICES Precious Metals Work Permit Admin Fee - 70 - - - - - Finance Admin Fee 65,532 68,250 60,000 - 60,000 68,445 (8,445) Court Admin Fee 187,144 159,812 170,000 60,000 230,000 193,028 36,972 Maps & Cert Letters 150 390 150 - 150 240 (90) Plan Review Fees 104,363 155,030 100,000 82,000 182,000 182,723 (723) Open Records Fees 854 598 350 - 350 414 (64) Online Payment Convenience Fee 3,981 4,284 4,000 - 4,000 3,151 849 Development Bond Fee 4,450 200 500 - 500 1,150 (650) Election Qualifying Fee - 2,250 - - - - - Accident Reports 3,632 1,140 - - - 56 (56) Expungement Fees 1,955 2,200 1,700 - 1,700 1,700 - Alarm Registration 5,450 (1,050) - - - - - False Alarms 6,300 6,300 6,500 - 6,500 4,500 2,000 Fire Plan Review 543 913 800 - 800 1,111 (311) Fire Inspection 2,850 170 2,000 - 2,000 3,300 (1,300) Fingerprinting Fee - 1,720 1,000 - 1,000 4,201 (3,201) Fingerprinting/Gold Buyers/Pawn Shops - 60 100 - 100 - 100 Medical Reimbursement - - 10,000 (10,000) - - - CPR Classes 65 444 250 - 250 160 90 FY 2014 Revenues FY 2012 Actuals FY 2013 Actuals Account Name 2 of 21 Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) FY 2014 Revenues FY 2012 Actuals FY 2013 Actuals Account Name Self Defense Class - 1,320 1,000 - 1,000 1,050 (50) Background Check Fees 14,095 14,995 12,000 - 12,000 14,845 (2,845) Activity Fees/Camp Bethwell - - - - - - - Activitiy Fees/Joyful Soles 13,019 15,515 26,950 - 26,950 17,133 9,818 Facility Rental 1,648 2,633 2,000 - 2,000 - 2,000 Activity Commissions 33,899 48,041 30,000 (30,000) - - - Activity Commissions/ATPP - - - - - - - Activity Commissions/Core Physique - - 1,156 - 1,156 1,411 (255) Activity Commissions/Eagle Stix Lacrosse - - - - - - - Activity Commissions/Kim Saunders Yoga - - 1,330 - 1,330 4,383 (3,053) Activity Commissions/North GA Rec - - 6,438 12,500 18,938 19,020 (82) Activity Commissions/Sperber Music - - 281 - 281 539 (258) Activity Commissions/YMCA - - 911 - 911 2,286 (1,375) Bad Check Fees 210 30 245 - 245 365 (120) Total: Charges for Services 450,141 485,314 439,661 114,500 554,161 525,211 28,950 FINES & FORFEITURES Fines & Forfeitures 483,242 382,434 480,000 80,000 560,000 465,072 94,928 Ordinance Fines - - 1,600 - 1,600 1,950 (350) Total: Fines & Forfeitures 483,242 382,434 481,600 80,000 561,600 467,022 94,578 INVESTMENT INCOME Interest Revenue 3,720 2,330 2,500 - 2,500 515 1,985 Realized Gain/Loss on Investmt 12,692 17,018 12,000 - 12,000 17,302 (5,302) Total: Investment Income 16,412 19,347 14,500 - 14,500 17,817 (3,317) CONTRIBUTIONS & DONATIONS Donation Revenue 100 - 100 100 - Donation Revenue-Pub Sfty - 3,358 992 - 992 992 0 Donation Revenue-Public Safety Fd 5,875 3,317 - - - - - Donation Revenue-R.A.D. - 1,000 - - - - - Donation Revenue-Golf Tournament - 23,605 - - - - - Donation Revenue-Community Development - 195 44 - 44 123 (79) Donation Revenue-Parks & Recreation - - 52 - 52 52 0 Total: Contributions & Donations 5,875 31,475 1,188 - 1,188 1,266 (78) MISCELLANEOUS REVENUE Cell Tower Lease 17,940 17,940 17,940 - 17,940 13,455 4,485 Lease-15315 Thompson Rd - 2,374 - - - - - Lease-15260 Bell Park Rd - 110 - - - 30 (30) Facility Rental - - - - - - - Insurance Proceeds 238 2,642 - - - - - Insurance Proceeds-Pub Sfty 19,846 10,400 - - - 476 (476) Insurance Proceeds-PW 10,902 8,816 - 19,350 19,350 19,356 (6) Other Misc Revenue 26,096 4,405 11,600 - 11,600 11,477 123 Over/Short Cash Drawer 1 (10) - - - (83) 83 Evidence Room Unclaimed Cash 386 - - - - - - Total: Miscellaneous Revenue 75,409 47,370 29,540 19,350 48,890 45,797 3,093 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 12,688 20,000 20,000 - 20,000 20,000 - Operating Transfers In-Capital Grant Fund - - 20,000 (20,000) - - - Sale of Surplus Equipment 2,474 42,616 24,000 (7,000) 17,000 16,761 239 Total: Other Financing Sources 15,163 62,616 64,000 (27,000) 37,000 36,761 239 TOTAL 19,432,673 19,946,271 22,457,215 1,497,350 23,954,565 11,238,154 12,716,411 3 of 21 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. Highlights of the amendments are: 1. The legal costs of changing the City defined benefit plan to a defined contribution plan along with higher-than- projected general legal fees require a budgetary increase of $70,000. 2. We are transferring $1,330,651 from the General Fund to the Capital Projects-Revenue Bond Fund to cover the acquisition of the City Hall property ($945,651) and the second artificial turf field at Bell Memorial Park ($385,000). Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Revenues Taxes 17,893,895 18,191,063 20,722,000 1,153,800 21,875,800 9,294,291 12,581,509 Licenses & Permits 492,538 678,353 703,015 156,700 859,715 848,278 11,437 Intergovernmental Revenues - 48,298 1,711 - 1,711 1,711 (0) Charges for Services 450,141 485,314 439,661 114,500 554,161 525,211 28,950 Fines & Forfeitures 483,242 382,434 481,600 80,000 561,600 467,022 94,578 Investment Income 16,412 19,347 14,500 - 14,500 17,817 (3,317) Contributions & Donations 5,875 31,475 1,188 - 1,188 1,266 (78) Miscellaneous Revenue 75,409 47,370 29,540 19,350 48,890 45,797 3,093 Other Financing Sources 15,163 62,616 64,000 (27,000) 37,000 36,761 239 Total Revenues 19,432,673 19,946,271 22,457,215 1,497,350 23,954,565 11,238,154 12,716,411 Expenditures Mayor & Council 173,224 167,312 166,576 - 166,576 126,359 40,217 City Manager 290,917 282,478 556,713 - 556,713 441,415 115,298 City Clerk 207,949 189,733 188,574 - 188,574 150,079 38,495 General Administration 40,157 31,692 37,794 - 37,794 34,922 2,872 Finance 458,680 479,962 367,595 11,890 379,485 315,538 63,947 Legal 231,642 216,208 230,000 70,000 300,000 234,980 65,020 Information Technology 484,523 565,650 614,657 - 614,657 457,008 157,649 Human Resources 236,799 272,206 331,108 - 331,108 215,793 115,315 Risk Management 181,587 182,588 195,015 - 195,015 180,081 14,935 General Govt Buildings 523,200 337,349 436,678 - 436,678 364,670 72,008 Public Info & Marketing 86,813 154,213 254,541 - 254,541 170,809 83,732 Municipal Court 227,666 233,588 246,985 - 246,985 215,479 31,506 Police 2,701,521 2,846,047 3,420,814 - 3,420,814 2,634,897 785,917 Fire 4,115,746 4,458,410 5,408,188 - 5,408,188 4,291,035 1,117,153 EMS Operations 132,250 99,187 - - - - - Public Works 1,490,622 1,511,028 1,833,009 - 1,833,009 1,431,230 401,779 Parks & Recreation 367,880 754,479 990,634 (34,000) 956,634 673,628 283,006 Community Development 802,453 938,323 1,096,848 - 1,096,848 873,501 223,347 Economic Development - 43,914 79,285 - 79,285 72,733 6,552 Debt Service 807,310 90,769 90,770 - 90,770 90,769 1 Other Financing Uses 5,404,000 6,702,559 6,935,793 1,344,651 8,280,444 4,915,793 3,364,651 Contingency - - 95,369 - 95,369 - 95,369 Total Expenditures 18,964,938 20,557,695 23,576,946 1,392,541 24,969,487 17,890,719 7,311,929 Total Revenues Over/(Under) Expenditures 467,735 (611,424) (1,119,731) 104,809 (1,014,922) (6,652,565) 5,404,482 Beginning Fund Balance 9,633,064 10,100,799 9,489,374 9,489,374 9,489,374 9,489,374 9,489,374 Ending Fund Balance 10,100,799 9,489,374 8,369,643 9,594,183 8,474,452 2,836,810 14,893,856 General Fund Summary FY 2014 Actuals FY 2012 Actuals FY 2013 4 of 21 Account Name FY 2012 Actuals Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 296,819 315,074 225,232 - 225,232 192,035 33,197 Total: Salaries & Wages 296,819 315,074 225,232 - 225,232 192,035 33,197 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 28,511 24,457 11,000 - 11,000 10,951 49 EMPLOYEE BENEFITS / 401A (SS MATCH)11,100 11,845 8,400 - 8,400 7,201 1,199 EMPLOYEE BENEFITS / FICA MEDICARE 4,027 4,306 3,300 - 3,300 2,747 553 401A 1% MATCH 2,496 2,838 2,300 - 2,300 1,908 392 PENSION (GMEBS)10,964 18,144 20,200 - 20,200 9,612 10,588 UNEMPLOYMENT INSURANCE 196 323 220 - 220 204 16 WORKER'S COMPENSATION 1,199 827 728 - 728 770 (42) FLEXIBLE SPENDING 1,800 4,200 6,600 - 6,600 6,600 - Total: Employee Benefits 60,293 66,941 52,748 - 52,748 39,994 12,754 Purchased Professional and Technical Services ADMINISTRATIVE FEES BANK FEES 4,129 1,850 - - - 12 (12) CREDIT CARD FEES 33,443 39,592 35,000 10,000 45,000 38,906 6,094 Total: Administrative Fees 37,572 41,442 35,000 10,000 45,000 38,918 6,082 PROFESSIONAL FEES VALUATION ADVISORY GROUP - - - - - - - AUDIT FEES 40,030 31,062 30,500 - 30,500 30,500 - OTHER - - - - - 500 (500) Total: Professional Fees 40,030 31,062 30,500 - 30,500 31,000 (500) Total: Purchased Professional and Technical Services 77,602 72,504 65,500 10,000 75,500 69,918 5,582 Other Purchased Services COMMUNICATIONS 726 772 - - - - - POSTAGE 4,990 7,765 7,500 1,500 9,000 3,070 5,930 ADVERTISING: Public Hearings & Bids 2,331 3,780 3,500 - 3,500 3,427 73 PRINTING CITY CHECKS 887 867 1,000 - 1,000 838 162 PROPERTY TAX BILLS 3,154 3,143 4,000 - 4,000 204 3,796 BUSINESS CARDS - 149 186 - 186 88 98 BUSINESS LICENSES - - 2,344 - 2,344 2,344 0 Total: Printing 4,041 4,159 7,530 - 7,530 3,474 4,056 TRAVEL CVIOG - 1,102 1,000 - 1,000 224 776 GGFOA CONFERENCE 508 253 - - - - - OTHER 14 275 - - - 6 (6) Total: Travel 522 1,631 1,000 - 1,000 230 770 DUES AND FEES GFOA MEMBERSHIP 150 225 - - - - - GGFOA MEMBERSHIP 50 50 50 - 50 38 13 CAFR AWARD FEES 435 405 435 - 435 435 - GOV DEALS - 2,770 2,000 - 2,000 1,205 795 CIVIC ORGANIZATION DUES - 1,064 - - - - - OTHER - 39 - - - 39 (39) Total: Dues & Fees 635 4,552 2,485 - 2,485 1,716 769 EDUCATION & TRAINING CARL VINSON TRAINING 129 1,026 900 - 900 577 323 GGFOA CONFERENCE 295 590 - - - - - GFOA CPFO CERTIFICATION - (145) - - - - - OTHER 45 285 - - - 129 (129) Total: Education & Training 469 1,756 900 - 900 706 194 CONTRACT LABOR 9,700 - - - - - - MAINTENANCE CONTRACTS 374 184 - - - 245 (245) Total: Other Purchased Services 23,788 24,598 22,915 1,500 24,415 12,868 11,547 Supplies GENERAL SUPPLIES 179 829 1,200 - 1,200 319 881 BOOKS & PERIODICALS - - - - - 15 (15) Finance FY 2014 FY 2013 Actuals 5 of 21 Account Name FY 2012 Actuals Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Finance FY 2014 FY 2013 Actuals Total: Supplies 179 829 1,200 - 1,200 334 866 Machinery & Equipment FURNITURE & FIXTURES - - - 390 390 389 1 OTHER EQUIPMENT OTHER EQUIP/CELL PHONES - 15 - - - - - Total: Machinery & Equipment - 15 - 390 390 389 1 Total: Finance 458,680 479,962 367,595 11,890 379,485 315,538 63,947 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Credit Card Fees 10,000 2. Postage 1,500 3. Furniture & Fixtures 390 Total Increase 11,890$ 11,890$ Amendment Reason The merchant fees are higher than initially anticipated due to an increase in users paying with credit cards. Postage fees are higher than anticipated To purchase filing cabinet TOTAL BUDGET AMENDMENTS 6 of 21 Account Name FY 2012 Actuals Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Purchased Professional and Technical Services PROFESSIONAL FEES / LEGAL FEES 231,642 216,208 230,000 70,000 300,000 234,980 65,020 Total: Purchased Professional and Technical Services 231,642 216,208 230,000 70,000 300,000 234,980 65,020 Total: Legal 231,642 216,208 230,000 70,000 300,000 234,980 65,020 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Legal Fees 70,000 Total Increase 70,000$ 70,000$ FY 2013 Actuals FY 2014 Legal Amendment Reason To cover legal costs for changing pension plan and to cover higher-than-anticipated general legal feees TOTAL BUDGET AMENDMENTS 7 of 21 Account Name FY 2012 Actuals Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 145,036 150,911 158,868 - 158,868 139,355 19,513 Total: Salaries & Wages 145,036 150,911 158,868 - 158,868 139,355 19,513 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 19,788 17,496 22,000 - 22,000 22,500 (500) EMPLOYEE BENEFITS / 401A (SS MATCH) 5,427 5,672 5,940 - 5,940 5,226 714 EMPLOYEE BENEFITS / FICA MEDICARE 1,937 2,097 2,304 - 2,304 1,918 386 401A 1% MATCH 324 158 1,314 - 1,314 - 1,314 PENSION (GMEBS) 5,610 7,381 11,828 - 11,828 5,743 6,085 UNEMPLOYMENT INSURANCE 227 263 550 - 550 231 319 WORKER'S COMPENSATION 5,317 3,883 5,000 - 5,000 5,030 (30) Total: Employee Benefits 38,630 36,949 48,936 - 48,936 40,647 8,289 Purchased Professional and Technical Services PROFESSIONAL FEES 217 - 5,000 - 5,000 - 5,000 CONTRACTED PARK MOWING & LITTER PICKUP 99,535 155,032 260,000 - 260,000 119,164 140,836 Total: Professional Fees/Contracted 99,535 155,032 260,000 - 260,000 119,164 140,836 FACILITY REPAIR & MAINT 1,673 9,628 20,000 - 20,000 10,364 9,636 LIGHTING MAINTENANCE 12,107 3,664 7,500 - 7,500 3,808 3,692 Total: Facility Repair & Maintenance 13,780 13,292 27,500 - 27,500 14,172 13,328 GROUNDS REPAIR & MAINT 1,748 962 5,000 - 5,000 1,900 3,100 Total: Purchased Professional and Technical Services 115,279 169,287 297,500 - 297,500 135,236 162,264 Purchased-Property Services RENTAL LAND & BUILDINGS - 2,500 6,000 - 6,000 4,500 1,500 FCBOE LEASE 35,000 17,264 47,000 - 47,000 12 46,988 Total: Rental Land & Buildings 35,000 19,764 53,000 - 53,000 4,512 48,488 RENTAL EQUIPMENT & VEHICLES 600 3,843 5,000 - 5,000 3,452 1,548 Total: Purchased-Property Services 35,600 23,607 58,000 - 58,000 7,964 50,036 Other Purchased Services COMMUNICATIONS 732 652 1,520 - 1,520 1,007 513 POSTAGE 5 499 1,000 - 1,000 67 933 PRINTING 912 445 700 - 700 339 361 TRAVEL: Nat'l GRPA, Meals & Mileage 154 388 750 - 750 899 (149) DUES AND FEES: GRPA Dues 678 1,283 1,960 - 1,960 577 1,383 EDUCATION & TRAINING: Nat'l GRPA - 800 800 - 800 175 625 CONTRACT LABOR: For programs & activities - 4,060 4,500 - 4,500 5,550 (1,050) IGA-ALPHARETTA PARKS & REC - 325,000 350,000 (34,000) 316,000 316,000 - Total: Other Purchased Services 2,479 333,127 361,230 (34,000) 327,230 324,615 2,615 Supplies SUPPLIES / GENERAL SUPPLIES 2,783 9,339 13,000 - 13,000 2,921 10,079 SUPPLIES / WATER / SEWAGE 2,459 8,439 22,000 - 22,000 2,584 19,416 SUPPLIES / NATURAL GAS 1,178 497 1,500 - 1,500 1,063 437 SUPPLIES / ELECTRICITY 24,183 21,611 25,000 - 25,000 16,688 8,313 SUPPLIES / FOOD/MEALS 252 493 400 - 400 244 156 OTHER SUPPLIES/PORTABLE TOILET RENTAL - 221 4,000 - 4,000 2,311 1,689 Total: Supplies 30,855 40,599 65,900 - 65,900 25,810 40,090 Machinery & Equipment FURNITURE & FIXTURES - - 200 - 200 - 200 Total Machinery & Equipment - - 200 - 200 - 200 Total: Parks & Recreation 367,880 754,479 990,634 (34,000) 956,634 673,628 283,006 FY 2013 Actuals FY 2014 Parks and Recreation 8 of 21 BUDGET AMENDMENT NOTES Account Name DECREASE 1. IGA-Alpharetta Parks & Rec (34,000) Total Decrease (34,000)$ (34,000)$ TOTAL BUDGET AMENDMENTS Transfer remaining budget to the capital projects fund to cover improvements on the ball fields at Hopewell Middle School. Amendment Reason 9 of 21 Account Name FY 2012 Actuals Amended Budget (3/17/14) Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Operating Transfers Out TO CAPITAL PROJECTS FUND 4,577,670 6,075,090 4,915,793 34,000 4,949,793 4,915,793 34,000 TO CAPITAL GRANT FUND 727,128 529,291 20,000 (20,000) - - - TO CAPITAL PROJECTS FUND-REVENUE BOND - - 2,000,000 1,330,651 3,330,651 - 3,330,651 TO OPERATING GRANT FUND 99,201 98,178 - - - - - Total: Operating Transfers Out 5,404,000 6,702,559 6,935,793 1,344,651 8,280,444 4,915,793 3,364,651 Total: Other Financing Uses 5,404,000 6,702,559 6,935,793 1,344,651 8,280,444 4,915,793 3,364,651 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Operating Transfer Out to Capital Projects Fund 34,000 1. Operating Transfer Out to Revenue Bond Fund 1,330,651 Total Increase 1,364,651$ DECREASE 1. Operation Transfer Out to Capital Grant Fund (20,000) Total Decrease (20,000)$ 1,344,651$ TOTAL BUDGET AMENDMENTS To cover the cost of the City Hall property and the second artificial turf field at Bell Memorial Park Transfer is not necessary FY 2013 Actuals Other Financing Uses FY 2014 Amendment Reason To transfer the remaining balance in the IGA- Alpharetta Parks & Rec account to the Capital Projects Fund to cover the cost of the field work 10 of 21 SPECIAL EVENTS FUND This fund accounts for expending the hotel/motel excise tax and the outflow and inflow of resources association with the numerous special events the City sponsors. The increase in the revenues reflects the higher-than-anticipated collections of the hotel/motel excise taxes. The increase in the expenditures line item for Professional Fees represents the cost of the film project performed by ICMA. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) MILTON ROUNDUP VENDOR FEE 1,034 570 - - - - - EARTH DAY VENDOR FEE 1,270 1,350 1,300 - 1,300 1,755 (455) INTEREST REVENUE 67 30 40 - 40 17 23 MILTON ROUNDUP SPONSOR 3,000 16,881 7,500 - 7,500 19,000 (11,500) EARTH DAY SPONSOR 1,750 4,500 4,000 - 4,000 3,875 125 CONCERT SPONSOR - - 500 - 500 - 500 MAYOR'S RUN SPONSOR - 2,250 2,000 - 2,000 500 1,500 DONATIONS/BETTER WORLD BOOKS 135 - - - - - - OTHER MISC REVENUE / T-SHIRT SALES 169 - - - - - - OTHER MISC REVENUE / MAYOR'S RUN 2,229 1,590 1,500 - 1,500 447 1,053 MILTON ROUNDUP FOOD SALES - 642 - - - - - HOTEL/MOTEL TAX FUND 42,000 40,997 35,000 10,000 45,000 35,619 9,381 Total Revenues 51,654 68,811 51,840 10,000 61,840 61,212 628 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) SALARIES & WAGES/REGULAR EMPLOYEES 18,001 - - - - - - SALARIES & WAGES/OVERTIME 14 - - - - - - EMPLOYEE BENEFITS / 401A (SS MATCH)675 - - - - - - EMPLOYEE BENEFITS / FICA MEDICARE 380 - - - - - - PROFESSIONAL FEES 20,923 25,266 29,000 23,160 52,160 32,252 19,908 RENTAL EQUIPMENT & VEHICLES 10,069 16,817 16,100 - 16,100 13,354 2,746 ADVERTISING 12,494 14,903 11,795 - 11,795 6,362 5,433 PRINTING 3,129 5,835 4,400 - 4,400 5,156 (756) GENERAL SUPPLIES 7,585 4,000 2,300 - 2,300 4,262 (1,962) FOOD/MEALS 951 2,128 1,500 - 1,500 1,626 (126) OTHER EQUIPMENT 1,520 438 - - - 1,063 (1,063) Special Events Fund Total 75,742 69,388 65,095 23,160 88,255 64,076 24,179 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (24,088) (577) (13,255) (13,160) (26,415) (2,863) (23,552) BEGINNING FUND BALANCE 62,563 38,475 37,898 37,898 37,898 ENDING FUND BALANCE 38,475 37,898 24,643 11,483 35,035 Special Events Fund FY 2014 FY 2014 FY 2013 Actuals FY 2013 Actuals Expenditure Summary Revenues 11 of 21 CONFISCATED ASSETS FUND This fund accounts for the expenditures and revenues of seized drug funds. The amendment to the revenues and reflect actual amounts received. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) CASH CONFISCATIONS/STATE FUNDS - - - - - - - CASH CONFISCATIONS/US MARSHALS 16,819 - - - - - - CASH CONFISCATIONS/HIDTA - 46,773 - 46,865 46,865 46,865 0 INTEREST REVENUE/STATE FUNDS 54 36 - - - 24 (24) INTEREST REVENUE/FEDERAL FUNDS 22 26 - - - 30 (30) REALIZED GAIN ON INV/STATE FUNDS - - - - - - - Total Revenues 16,895 46,835 - 46,865 46,865 46,918 (53) Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) EDUCATION & TRAINING STATE FUNDS 2,906 600 3,375 - 3,375 3,375 - FEDERAL FUNDS 520 - 7,000 - 7,000 7,000 - Total: Education & Training 3,426 600 10,375 - 10,375 10,375 - MAINTENANCE CONTRACTS STATE FUNDS 1,746 - 650 - 650 650 - Total: Maintenance Contracts 1,746 - 650 - 650 650 - GENERAL SUPPLIES STATE FUNDS 2,592 148 - - - - - FEDERAL FUNDS - - - - - - - Total: General Supplies 2,592 148 - - - - - OTHER EQUIPMENT STATE FUNDS 700 9,577 2,975 - 2,975 - 2,975 FEDERAL FUNDS 2,128 - 4,000 - 4,000 - 4,000 Total: Other Equipment 2,828 9,577 6,975 - 6,975 - 6,975 CAMERAS STATE FUNDS 6,493 86 - - - - - Total: Cameras 6,493 86 - - - - - Total Expenditures 17,085 10,411 18,000 - 18,000 11,025 6,975 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (STATE FUNDS)(14,383) (10,375) (7,000) - (7,000) (4,001) (2,999) BEGINNING FUND BALANCE (STATE FUNDS)84,991 70,608 60,233 60,233 60,233 ENDING FUND BALANCE (STATE FUNDS)70,608 60,233 53,233 53,233 56,232 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (FEDERAL FUNDS)14,194 46,799 (11,000) 46,865 35,865 39,895 (4,030) BEGINNING FUND BALANCE (FEDERAL FUNDS)4,278 18,472 65,271 65,271 65,271 ENDING FUND BALANCE (FEDERAL FUNDS)18,472 65,271 54,271 101,136 105,166 FY 2013 Actuals FY 2013 Actuals Expenditures Confiscated Assets Fund Revenues FY 2014 FY 2014 12 of 21 OPERATING GRANT FUND The Operating Grant Fund is used to account for certain budgeted items that receive funding from individual grants and that aren’t classified as “capital”. These funds are appropriated on an annual basis. The amendments reflect the FRESH grant funds received and associated expenditures. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) FED GOV GRANT/SAFER 27,153 - - - - - - FED GOV GRANT/BULLETPROOF VEST 2,629 1,282 - - - - - FED GOV GRANT/BYRNE-JAG 14,618 - - - - - - FED GOV GRANT/GCDD MINI GRANTS 9,617 12,342 - - - - - STATE GOV GRANT/INDIRECT/GEMA 19,961 754 - - - - - FULTON COUNTY GRANT/FRESH GRANT 7,541 - - 20,000 20,000 20,000 0 INTEREST REVENUE 6 5 - - - - - OPERATING TRANSFER IN FROM GENERAL FUND 99,201 98,178 - - - - - Total Revenue 180,726 112,561 - 20,000 20,000 20,000 0 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) General Administration SALARIES & WAGES REGULAR EMPLOYEES 14,196 4,944 - - - - - EMPLOYEE BENEFITS / 401A (SS MATCH)532 187 - - - - - EMPLOYEE BENEFITS / FICA MEDICARE 205 72 - - - - - UNEMPLOYMENT INSURANCE 28 10 - - - - - PROFESSIONAL FEES 285 - - - - - - PRINTING 27 - - - - - - GENERAL SUPPLIES 1,240 841 - - - - - SUPPLIES/FOOD/MEALS 864 - - - - - - Total General Administration 17,377 6,055 - - - - - Police COMMUNICATIONS 1,522 377 - - - - - SUPPLIES/UNIFORMS 2,629 1,282 - - - - - OTHER EQUIPMENT/AFIS 14,618 - - - - - - OTHER EQUIPMENT/RAPID ID 19,005 - - - - - - Total Police 37,774 1,659 - - - - - Fire SALARIES & WAGES/REGULAR EMPLOYEES 111,952 95,209 - - - - - SALARIES & WAGES/HOLIDAY PAY 3,951 4,242 - - - - - EMPLOYEE BENEFITS/401A (SS MATCH)4,414 3,848 - - - - - EMPLOYEE BENEFITS/FICA MEDICARE 1,700 1,458 - - - - - 401A 1% MATCH 78 - - - - - - PENSION (GMEBS)3,586 3,113 - - - - - Total Fire 125,681 107,870 - - - - - Parks & Recreation SALARIES & WAGES/REGULAR EMPLOYEES - - - 20,000 20,000 - 20,000 PROFESSIONAL SERVICES 3,106 - - - - - - RENTAL VEHICLES 3,946 - - - - - - GENERAL SUPPLIES 489 - - - - - - Total Parks & Recreation 7,541 - - 20,000 20,000 - 20,000 Total Expenditures 188,373 115,585 - 20,000 20,000 - 20,000 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (7,647) (3,023) - - - 20,000 (20,000) BEGINNING FUND BALANCE 10,670 3,023 (0) (0) (0) (0) (0) ENDING FUND BALANCE 3,023 (0) (0) (0) (0) 20,000 (20,000) FY 2013 Actuals FY 2014 Expenditures Revenues Operating Grant Fund FY 2013 Actuals FY 2014 13 of 21 HOTEL/MOTEL TAX FUND This fund is used to track the revenues and expenditures related to the hotel/motel excise tax. The City currently collects a 3% excise tax and transfers the funds to the Special Events Fund and the General Fund to be used to generate tourism for the area. The amendments reflect higher-than-anticipated revenues and the associated transfer out to the Special Events Fund. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) HOTEL/MOTEL EXCISE TAX 54,688 60,997 55,000 10,000 65,000 55,619 9,381 Total Revenue 54,688 60,997 55,000 10,000 65,000 55,619 9,381 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) OPERATING TRANSFER OUT TO GENERAL FUND 12,688 20,000 20,000 - 20,000 20,000 - OPERATING TRANSFER OUT TO SPECIAL EVENTS FUND 42,000 40,997 35,000 10,000 45,000 35,619 9,381 Total Expenditures 54,688 60,997 55,000 10,000 65,000 55,619 9,381 TOTAL REVENUES OVER/(UNDER) EXPENDITURES - - - - - - - BEGINNING FUND BALANCE - - - - - - - ENDING FUND BALANCE - - - - - - - FY 2013 Actuals FY 2013 Actuals Expenditures Revenues Hotel/Motel Tax Fund FY 2014 FY 2014 14 of 21 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) 15 of 21 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 66,445 77,180 65,000 20,000 85,000 71,795 13,205 CRABAPPLE PAVING FUND 10,500 4,200 - 5,250 5,250 5,250 - TRAFFIC CALMING - 5,800 - - - - - TREE RECOMPENSE 3,500 20,600 - 75,000 75,000 75,000 - LANDFILL USE FEES 84,573 92,727 80,000 5,000 85,000 84,855 145 HYA FEES 7,363 - - - - 7,808 (7,808) INTEREST REVENUE 7,763 2,867 3,000 (1,100) 1,900 1,838 62 INSURANCE PROCEEDS/PUBLIC SAFETY - 10,154 - - - - - OTHER MISC REV/ATLANTA HIDTA STIPEND 1,500 - - - - - - OPERATING TRANSFER IN FROM GENERAL FUND 4,577,670 6,075,090 4,915,793 34,000 4,949,793 4,915,793 34,000 OPERATING TRANSFER IN FROM CAPITAL GRANT FUND 90,000 - - - - - - PROCEEDS OF SALE OF ASSETS - 13,414 - - - 300 (300) Total Revenue 4,849,314 6,302,032 5,063,793 138,150 5,201,943 5,162,639 39,304 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Mayor & Council LAND ACQUISITION - - - - - - - BUILDINGS/FUTURE CITY FACILITIES 330,584 42,102 36,070 - 36,070 28,129 7,941 Mayor & Council Total 330,584 42,102 36,070 - 36,070 28,129 7,941 General Admin VEHICLES / REPLACEMENT RESERVE - - 50,000 - 50,000 - 50,000 General Admin Total - - 50,000 - 50,000 - 50,000 Information Technology PROFESSIONAL FEES - - COMPUTER REFRESH 49,266 - - - - - - Information Technology Total 49,266 - - - - - - Police PUBLIC SAFETY COMMUNICATIONS 1,830 35,908 2,162,262 - 2,162,262 17,900 2,144,362 VEHICLES / NEW VEHICLES - - - - - - - VEHICLES / REPLACEMENT RESERVE 276,468 232,517 402,626 - 402,626 344,531 58,095 AUTOMATED LICENSE PLATE READERS - - 39,917 - 39,917 39,917 - Police Total 278,298 268,425 2,604,805 - 2,604,805 402,348 2,202,457 Fire FIRE STATION IMPROVEMENTS 24,094 25,938 50,974 - 50,974 330 50,644 VEHICLE REPLACEMENT RESERVE 35,586 54,501 1,128,566 - 1,128,566 8,128 1,120,438 ADVANCED LIFE SUPPORT EQUIP 2,032 - - - - - - AED UNITS 32,914 2,648 16,430 - 16,430 - 16,430 MASS NOTIFICATION SIRENS - - 300,000 - 300,000 192,350 107,650 SCBA CASCADE TRAILER - - - - - - - FIRE SAFETY HOUSE - - 16,000 - 16,000 15,181 819 Fire Total 94,626 83,087 1,511,970 - 1,511,970 215,989 1,295,981 Public Works CONSTRUCTION INSPECTORS - - 99,912 - 99,912 21,224 78,688 GRAVEL ROADS MAINTENANCE 89,383 61,766 249,074 - 249,074 86,731 162,343 STORMWATER MAINTENANCE 157,459 27,197 455,899 - 455,899 72,127 383,773 NPDES PERMIT COMPLIANCE 67,599 51,020 414,480 - 414,480 5,630 408,850 PAVEMENT MANAGEMENT 705,469 1,938,805 3,331,148 26,250 3,357,398 1,712,225 1,645,173 PAVEMENT MGMT/CRABAPPLE PAVING FUND - - 21,000 (21,000) - - - SITE IMPROVEMENTS/PW YARD RELOCATION 9,988 19,000 56,177 - 56,177 700 55,477 INFRASTRUCTURE / TRAFFIC CALMING 7,410 10,156 38,234 - 38,234 - 38,234 INFRASTRUCTURE / RESTRIPING 61,722 82,595 137,219 - 137,219 5,267 131,952 CAMBRIDGE SCHOOL ZONE EQUIP - 27,500 - - - - - REPLACE SCHOOL ZONE FLASHERS - 526 102,474 - 102,474 - 102,474 Revenues Capital Projects Fund FY 2014 FY 2014 FY 2013 Actuals FY 2013 Actuals Expenditures 16 of 21 Capital Projects Fund Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) INFRASTRUCTURE / EDGE OF PAVEMENT - - 50,000 - 50,000 - 50,000 INFRASTRUCTURE / BRIDGE REPLACEMENT 569,142 283,317 261,172 - 261,172 - 261,172 INFRASTRUCTURE / SIDEWALKS 14,353 25,102 557,770 - 557,770 10,755 547,015 BETHANY@COGBURN RD INTERSECTION IMPROVMTS 419,628 9,327 102,664 - 102,664 56 102,608 HOPEWELL/FRANCIS/COGBURN INTERSECTION 20,259 54,646 835,874 - 835,874 626,302 209,572 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 34,913 54,705 720,383 - 720,383 66,506 653,877 HOPEWELL @ BETHANY BND/BETHANY WAY - 42,917 132,083 - 132,083 - 132,083 FREEMANVILLE @ PROVIDENCE & B'HAM INTERSECTION IMPROVMTS - - 75,000 - 75,000 31,655 43,345 VEHICLES / NEW VEHICLES - - 40,678 - 40,678 - 40,678 Public Works Total 2,157,325 2,688,579 7,681,241 5,250 7,686,491 2,639,177 5,047,314 Parks & Recreation PROF FEEES/PARKS & REC 15 YEAR COMP PLAN 430 - 24,570 - 24,570 - 24,570 PROF FEES/SIGN PROGRAM - 1,795 13,205 - 13,205 7,600 5,605 PROF FEES/B'HAM PARK MASTER PLAN 24,963 - - - - - - FACILITY R&M/BETHWELL HOUSE RENOVATIONS 4,200 - - - - - - RENTAL LAND & BUILDINGS/FCBOE LEASE 214,580 - - - - - - SITES / PARK LAND ACQUISTION 379,473 950,350 - - - - - SITE IMPROVEMENT/CRABAPPLE CROSSING PARTNERSHIP 153,373 26,979 - - - - - HOPEWELL HOUSE RENOVATIONS - 31,850 627,150 - 627,150 71,704 555,446 PARK & TRAIL EXPANSION 3,360 87,353 1,081,365 34,000 1,115,365 380,323 735,042 TRAIL PLAN UPDATE 15,000 - - - - - - INFRASTRUCTURE / BELL PARK 10,769 - - - - - - Parks & Recreation Total 806,149 1,098,328 1,746,290 34,000 1,780,290 459,627 1,320,663 Community Development PROF FEES/HWY 9 MASTER PLAN - - - - - - PROF FEES/TDR FEASIBILITY STUDY 29,389 11,180 9,083 (9,083) - - - ARCHITECTURAL CODE 33,466 1,081 - - - - - FORM BASED CODE/TDR ORDINANCE 580 25,370 2,850 24,150 27,000 - 27,000 GATEWAY SIGNAGE & HISTORIC MARKERS - - 67,810 - 67,810 3,980 63,830 SITE IMPROVEMENT/TREE RECOMPENSE - 2,075 34,205 75,000 109,205 - 109,205 Community Development Total 63,436 39,705 113,948 90,067 204,015 3,980 200,035 Unallocated CONTINGENCY - - 125,216 - 125,216 - 125,216 Unallocated Total - - 125,216 - 125,216 - 125,216 Total Expenditures 3,779,684 4,220,227 13,819,540 129,317 13,948,857 3,749,251 10,199,606 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 1,069,630 2,081,805 (8,755,747) 8,833 (8,746,914) 1,413,388 (10,160,302) BEGINNING FUND BALANCE 5,809,267 6,878,897 8,960,703 8,960,703 8,960,703 ENDING FUND BALANCE 6,878,897 8,960,703 204,956 213,789 10,374,091 FY 2014 FY 2013 Actuals Expenditures 17 of 21 Capital Projects Fund BUDGET AMENDMENT NOTES Account Name REVENUES 1. Infrastructure Maintenance Fees 20,000 2. Crabapple Paving Fund 5,250 3. Tree Recompense 75,000 4. Landfill Use Fees 5,000 5. Interest Revenue (1,100) 6. Operating Transfer in from General Fund 34,000 Total Revenues 138,150$ EXPENDITURES 1. Public Works/Pavement Management 26,250 2. Public Works/Crabapple Paving Fund (21,000) 3. Parks & Rec/Park and Trail Expansion 34,000 4. Community Development/TDR Feasibility Study (9,083) 5. Community Development/Form Based Code/TDR Ordinance 24,150 6. Community Development/Tree Recompense 75,000 Total Expenditures 129,317$ 8,833$ The Crabapple Crossing subdivision was on the list of the paving projects this year; therefore, any monies we've received in the Crabapple Paving Fund has been transferred to this account to offset the costs. TOTAL BUDGET AMENDMENTS Increased due to higher-than-anticipated collections Transfer funds to the Pavement Management account To reflect the transfer from the General Fund of the remaining balance from the IGA-Alpharetta Parks & Rec account. This will cover the improvements to the fields at Hopewell Middle School. The TDR feasibility study is complete and the remaining funds are being transferred to the Form Based Code account to cover the cost of the consultant hired to develop the form based code ordinance for the Deerfield/Hwy 9 area Increased to cover the cost of a consultant hired to develop the form based code ordinance for the Deerfield/Hwy 9 area Increased to reflect revenues collected Increased to reflect collections to date Increased to reflect collections to date Increased due to higher-than-anticipated collections Decreased to reflect lower-than-anticipated revenues To transfer remaining balance from IGA- Alpharetta Parks & Rec account to cover field Amendment Reason 18 of 21 CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) FED GOV GRANT/CAPITAL/IND/GDOT CRABAPPLE STREETSCAPE - - 500,000 - 500,000 - 500,000 FED GOV GRANT/CAPITAL/IND/GDOT TAP (BIG CREEK)- - 200,000 - 200,000 11,377 188,623 STATE GOV GRANT/LMIG FUNDS - 455,372 275,873 - 275,873 275,873 (0) STATE GOV GRANT/GDOT HPP FUNDS 135,418 296,269 7,262,878 - 7,262,878 60,362 7,202,516 STATE GOV GRANT/LCI FUNDS 100,000 - - - - - - STATE GOV GRANT/GA URBAN FORESTRY GRANT - 20,000 - - - - - STATE GOV GRANT/MARTA GRANT 143,971 - 177,355 - 177,355 - 177,355 STATE GOV GRANT/SR 9 @ BETHANY BND - - 60,000 - 60,000 42,274 17,726 STATE GOV GRANT/GDOT LANDSCAPE - - 4,062 - 4,062 - 4,062 LOCL GOV GRANT/ALPHARETTA & NORTH FULTON CID - - 30,000 - 30,000 30,000 - INTEREST REVENUE 1,840 989 800 - 800 277 523 OPERATING TRANSFER IN FROM GENERAL FUND 727,128 529,291 20,000 (20,000) - - - Total Revenue 1,112,366 1,301,921 8,530,968 (20,000) 8,510,968 420,164 8,090,804 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) Public Works STORMWATER MAINTENANCE 4,008 - - - - - - PAVEMENT MANAGEMENT - 206,561 275,873 - 275,873 - 275,873 INFRASTRUCTURE / BHAM @ PROVIDENCE 56,391 1,201,768 3,133,300 - 3,133,300 112,069 3,021,231 INFRASTRUCTURE/ARNOLDMILL@NEW PROVIDENCE 63,440 377,703 1,937,791 - 1,937,791 - 1,937,791 INFRASTRUCTURE/MAYFIELD@MID BROADWELL 155,915 136,465 2,576,664 - 2,576,664 162,417 2,414,247 INFRASTRUCTURE/MARTA 132,197 9,650 167,705 - 167,705 84,626 83,079 INFRASTRUCTURE/CRABAPPLE STREETSCAPE - - 625,000 - 625,000 67,300 557,700 INFRASTRUCTURE/DEERFIELD@MORRIS - 183,098 166,902 - 166,902 150,919 15,983 INFRASTRUCTURE/SR 9@BETHANY BEND - - 75,000 - 75,000 73,134 1,867 INFRASTRUCTURE/TRAIL CONN TO BIG CREEK GREENWAY - - 250,000 - 250,000 43,451 206,549 Public Works Total 411,952 2,115,245 9,208,235 - 9,208,235 693,915 8,514,320 Community Development PROFESSIONAL FEES/LIVEABLE CENTERS INITIATIVE 114,000 - - - - - - PROFESSIONAL FEES/GA URBAN FORESTRY GRANT 25,000 - - - - - - BRANDING & SIGNAGE - - 7,190 - 7,190 - 7,190 Community Development Total 139,000 - 7,190 - 7,190 - 7,190 Other Financing Uses OPERATING TRANSFER OUT TO GENERAL FUND - - 20,000 (20,000) - - - Other Financing Uses Total - - 20,000 (20,000) - - - Expenditures Total 550,952 2,115,245 9,235,425 (20,000) 9,215,425 693,915 8,521,510 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 561,414 (813,323) (704,457) - (704,457) (273,751) (430,706) BEGINNING FUND BALANCE 956,996 1,518,410 705,086 705,086 705,086 ENDING FUND BALANCE 1,518,410 705,086 629 629 431,335 FY 2013 Actuals FY 2013 Actuals Expenditures Revenues Capital Grant Fund FY 2014 FY 2014 19 of 21 Capital Grant Fund BUDGET AMENDMENT NOTES Account Name REVENUES 1. Operating Transfers in from General Fund (20,000) Total Revenues (20,000)$ EXPENDITURES 1. Operating Transfer Out to General Fund (20,000) Total Expenditures (20,000)$ -$ Amendment Reason Decreased to correct budgeting error Decreased to correct budgeting error TOTAL BUDGET AMENDMENTS 20 of 21 CAPITAL PROJECTS FUND – REVENUE BOND This is a newly created fund that accounts for capital projects funded by a revenue bond. Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) OPERATING TRANSFER IN FROM GENERAL FUND - - 2,000,000 1,330,651 3,330,651 - 3,330,651 REVENUE BOND PROCEEDS - - 10,000,000 - 10,000,000 - 10,000,000 Total Revenue - - 12,000,000 1,330,651 13,330,651 - 13,330,651 Account Name FY 2012 Actuals Approved Budget Requested Budget Amendment Amended Budget Actuals as of 9/4/14 Budget Remaining (after adj) General Government Buildings CITY HALL - - 3,322,000 (87,618) 3,234,382 945,650 2,288,732 PUBLIC SAFETY COMPLEX - - - - - - - General Government Buildings Total - - 3,322,000 (87,618) 3,234,382 945,650 2,288,732 Parks & Recreation BELL MEMORIAL PARK - - 8,678,000 1,418,269 10,096,269 156,900 9,939,369 Parks & Recreation Total - - 8,678,000 1,418,269 10,096,269 156,900 9,939,369 Expenditures Total - - 12,000,000 1,330,651 13,330,651 1,102,550 12,228,101 TOTAL REVENUES OVER/(UNDER) EXPENDITURES - - - - - (1,102,550) 1,102,550 BEGINNING FUND BALANCE - - - - - ENDING FUND BALANCE - - - - (1,102,550) BUDGET AMENDMENT NOTES Account Name REVENUES 1. Operating Transfer in from General Fund 1,330,651 Total Revenues 1,330,651$ EXPENDITURES 1. General Government Buildings/City Hall (87,618) 2. Parks & Recreation/Bell Memorial Park 1,418,269 Total Expenditures 1,330,651$ -$ TOTAL BUDGET AMENDMENTS Amendment Reason Increased to cover the acquisition of the City Hall property and the addition of the second artificial turf field for Bell Memorial Park The decrease presented here is a net of an increase of $945,651 to cover the acquisition of the City Hall property and a transfer of $1,033,269 to the Bell Memorial Park project. It was initially decided that the total project costs for Bell Memorial Park construction and the acquisiton of the properties would be $10 million. As the bids came in for the construction, it became apparent that the acquistion of the properties should not be included in the total project costs. The increase in this line represents to cost of second artificial turf field of $385,000 and a transfer from the City Hall project of $1,033,269. FY 2013 Actuals FY 2014 Capital Project Fund - Revenue Bond Revenues FY 2013 Actuals FY 2014 Expenditures 21 of 21 Page 1 of 2 STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2014 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on September 22, 2014 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2014 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2014 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2014 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 22nd day of September, 2014. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood __________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Bill Lusk Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: September 8, 2014 Public Hearing: September 22, 2014 Ratification: September 22, 2014 (SEAL) HOME OF ` IVI i i I IN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, September 8, 2014 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 (4 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ��� �✓ REMARKS You PHONE: 678.242.2500 1 FAX: 678.242.2499 ta y,. 'Green c *cfted* info@cityofmiltonga.us I www.cityofmiltonga.us WILDLIFE Community $�j,ErhicL 'a` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ""T11D'"`' Page 1 of 2 STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2015 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented a proposed fiscal year 2015 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the fiscal year 2015 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s fiscal year 2015 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 22nd day of September, 2014. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor _____________________________ ___________________________ Council Member Karen C. Thurman Council Member Burt Hewitt _____________________________ ____________________________ Council Member Matt Kunz Council Member Joseph Longoria _____________________________ ____________________________ Council Member Bill Lusk Council Member Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: September 8, 2014 First Public Hearing: September 8, 2014 Second Public Hearing: September 22, 2014 Ratification: September 22, 2014 (SEAL) RAN HOME OF `7HE ' C ,. A;1!TY :_`,L' 1 -1_ IN Gr�34G1,%' M 1. LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 28, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Waiver regarding Dual Representation of Forsyth County and the City of Milton Related to CP130014, MEETING DATE: Monday, September 8, 2014 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: X) YES O NO APPROVAL BY CITY ATTORNEY _0,APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS © 10 youlm0 ,rr PHONE: b78.242.25001 FAX: 678.242.2499 Conemuni y eiry info@cifyofmilfonga.us I www.cifyofmiltonga.us "' t"L 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a WAIVER REGARDING DUAL REPRESENTATION OF FORSYTH COUNTY AND THE CITY OF MILTON RELATED TO CP130014 WHEREAS, there is pending in Forsyth County CUP application number CP130014 which is a request by Advanced Disposal Recycling Services Atlanta, LLC to locate and/or expand a materials recovery recycling facility on property located at 5670 & 5680 Shirlee Industrial Way, Alpharetta, GA 30004; WHEREAS, the property upon which this facility is to be located is within Forsyth County, directly adjacent to its border with the City of Milton; WHEREAS, due to the site’s location within Forsyth County, but directly adjacent to the City of Milton, the interests of both Forsyth County and the City of Milton are implicated; WHEREAS, the law firm of Jarrard & Davis, LLP serves as the County Attorney for Forsyth County, Georgia and the City Attorney for the City of Milton; WHEREAS, the interests of these local governments are not adverse with respect to this matter; however, both governments have certain responsibilities to their citizens that may require the involvement of legal counsel; and WHEREAS, it is the intention of the City of Milton to waive any apparent or potential conflict of interest involving Jarrard & Davis, LLP’s dual representation of both Forsyth County and the City of Milton with respect to CP130014. NOW THEREFORE, the City of Milton does hereby waive any apparent or potential conflict of interest arising from or attributable to the dual representation of Forsyth County and the City of Milton by the law firm of Jarrard & Davis, LLP related to - 2 - CP130014, and Jarrard & Davis, LLP, shall continue to represent both Forsyth County and the City of Milton with respect to this matter. This waiver having been approved by the Council of the City of Milton, Georgia. This 8th day of September, 2014. APPROVED: ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ` IVI i i I IN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, September 8, 2014 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 (4 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ��� �✓ REMARKS You PHONE: 678.242.2500 1 FAX: 678.242.2499 ta y,. 'Green c *cfted* info@cityofmiltonga.us I www.cityofmiltonga.us WILDLIFE Community $�j,ErhicL 'a` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ""T11D'"`' Page 1 of 2 STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2015 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented a proposed fiscal year 2015 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the fiscal year 2015 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s fiscal year 2015 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 22nd day of September, 2014. CITY OF MILTON, GEORGIA By: ________________________ Joe Lockwood, Mayor _____________________________ ___________________________ Council Member Karen C. Thurman Council Member Burt Hewitt _____________________________ ____________________________ Council Member Matt Kunz Council Member Joseph Longoria _____________________________ ____________________________ Council Member Bill Lusk Council Member Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: September 8, 2014 First Public Hearing: September 8, 2014 Second Public Hearing: September 22, 2014 Ratification: September 22, 2014 (SEAL)