Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet CC - 12/15/2014 - 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 107E Monday, December 15, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Brent Deakins, Reach One Church, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-335) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 10, 2014 City Council Work Session Minutes. (Agenda Item No. 14-336) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 15 , 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 November 17, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-337) (Sudie Gordon, City Clerk) 3. Approval of the December 1, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-338) (Sudie Gordon, City Clerk) 4. Approval of the Financial Statements for the Period Ending October, 2014. (Agenda Item No. 14-339) (Stacey Inglis, Assistant City Manager) 5. Approval of a Contract with OpenGov, Inc. to Provide a Web-based Platform to Share the City’s Financial Data. (Agenda Item No. 14-340) (Stacey Inglis, Assistant City Manager) 6. Approval of a Fourth Amendment to an Intergovernmental Agreement between the City of Milton, Georgia and the City of Johns Creek, Georgia for the Provision of Information Technology Services. (Agenda Item No. 14-341) (Chris Lagerbloom, City Manager) 7. Approval of an Intergovernmental Agreement (IGA) Between Fulton County and the City of Milton for 800 MHz Radio System Access Beginning January 1, 2015. (Agenda Item No. 14-342) (Chris Lagerbloom, City Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 15 , 2014 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA 1. Consideration of RZ14-16 – To Amend Chapter 64, Article XVII, Development Regulations. (Agenda Item No. 14-327) (First Presentation at December 1, 2014 Regular Council Meeting) (Discussed at December 8, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 2. Consideration of RZ14-17 – To Amend Section 64-1 Definitions. (Agenda Item No. 14-328) (First Presentation at December 1, 2014 Regular Council Meeting) (Discussed at December 8, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of Appointments and Confirmation of the Milton Grows Green Committee Officers for 2015. (Chairperson – Jack Lindon; Vice-Chairperson – Teresa Stickels; Director of Natural Resources Subcommittee – Barbara Peck; Director of Land Conservation Building Standards Subcommittee – Kathy Johnson; Director of Education and Outreach Subcommittee – Margaret Lamb and Director of Communications Subcommittee – Jennifer Griffiths. (Agenda Item No. 14-343) (Kathleen Field, Community Development Director) 2. Consideration of a Resolution and Ordinance Amending the Charter for the City of Milton, Georgia. (Agenda Item No. 14-344) (Discussed at December 8, 2014 Council Work Session) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution of the Milton City Council Affirming Its Commitment to Conservation and Green Space Preservation in the City and the Dedication of Certain Funds for Such Uses. (Agenda Item No. 14-345) (Chris Lagerbloom, City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Cooper Carry, Inc. for the Design of the Milton City Hall Facility. (Agenda Item No. 14-346) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 15 , 2014 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-347) The minutes were provided electronically HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending October, 2014, MEETING DATE: Monday, December 15, 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 NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 12 IS; 1+ REMARKS .0 YOU( Green PHONE: 678.242.25001FAX: 578.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us NVILDLIFI COI'nMUnity WMW Frh; 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 10, 2014 for the December 15, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 1 – October 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 18% over what is anticipated for the first period of the fiscal year. The unanticipated increase is attributable to higher than average tickets being processed in court as a result of the two license plate readers that were deployed around mid-year FY14 and the approved additional staffing now employed in the police department. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $1,844,407 and are 4.30% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,148,344, capital expenditures-to-date total $365,236. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending October 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 - - - - - - Motor Vehicle Tax 915,000 - - - - - - Intangible Tax 150,000 - - - - - - Real Estate Transfer Tax 75,000 - - - - - - Franchise Fees 1,850,000 - - - - - - Local Option Sales Tax 8,000,000 - - - - - - Alcohol Beverage Excise Tax 285,000 - - - - - - Business & Occupation Tax 660,000 437 - 437 437 - 437 Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 - - - - - - Penalties & Interest 34,600 2,241 2,875 (634) 2,241 2,875 (634) Alcohol Beverage Licenses 135,000 13,200 13,200 - 13,200 13,200 - Other Non-Business Permits/Licenses 18,100 2,450 1,342 1,109 2,450 1,342 1,109 Zoning & Land Disturbance Permits 219,600 5,098 18,300 (13,202) 5,098 18,300 (13,202) Building Permits 400,000 47,348 33,333 14,015 47,348 33,333 14,015 Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 50,064 34,850 15,214 50,064 34,850 15,214 Municipal Court Fines 551,000 58,177 45,917 12,260 58,177 45,917 12,260 Interest Earnings 17,500 2,525 1,458 1,066 2,525 1,458 1,066 Contributions & Donations - - - - - - - Other Revenue 23,140 407 1,928 (1,522) 407 1,928 (1,522) Other Financing Sources 30,900 - 908 (908) - 908 (908) Total Revenues 24,386,240 181,946 154,111 27,835 181,946 154,111 27,835 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 10,399 11,857 (1,457) 10,399 12,273 (1,874) City Clerk 192,358 16,367 14,809 1,558 16,367 16,979 (612) City Manager 675,067 52,570 61,508 (8,939) 52,570 61,458 (8,889) General Administration 39,414 3,045 3,118 (72) 3,045 4,185 (1,140) Finance 431,244 35,765 36,078 (312) 35,765 36,055 (290) Legal 230,000 - - - - - - Information Technology 772,467 69,679 68,418 1,261 69,679 70,393 (713) Human Resources 323,149 23,788 22,134 1,654 23,788 22,179 1,609 Risk Management 251,855 15,966 15,966 - 15,966 15,966 - General Government Buildings 380,230 31,793 31,686 108 31,793 31,686 108 Public Information & Marketing 358,730 16,964 27,308 (10,344) 16,964 27,599 (10,635) Municipal Court 301,471 26,252 27,408 (1,156) 26,252 27,599 (1,347) Police 3,956,660 335,809 360,479 (24,670) 335,809 363,734 (27,926) Fire 5,566,535 476,232 511,825 (35,593) 476,232 512,595 (36,363) Public Works 1,724,863 97,693 96,272 1,422 97,693 96,272 1,422 Parks & Recreation 950,945 347,931 352,154 (4,223) 347,931 352,041 (4,111) Community Development 978,451 101,746 92,211 9,535 101,746 93,711 8,035 Economic Development 79,941 3,290 3,442 (152) 3,290 3,442 (152) Debt Service - Capital Lease Payment 184,517 179,117 179,117 - 179,117 179,117 - Operating Transfers to Other Funds 6,645,265 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 24,386,240 1,844,407 1,915,789 (71,382)1,844,407 1,927,284 (82,877) Net Income/(Loss)0 (1,662,461)(1,662,461) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 500$ -$ -$ (1,300)$ Interest Revenues - 3 - (40) Crabapple Fest Sponsor 8,500 1,000 1,000 (6,500) Earth Day Sponsor 3,500 - - (4,000) Concert Sponsor 12,000 - - (500) Mayor's Run Sponsor 500 - - (2,000) Artisan Farmer's Market Sponsor 18,300 Craft Beer & Wine Festival Sponsor 35,000 Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - - (1,500) Roundup Food Sales - - - - Total revenues 78,750$ 1,003$ 1,000$ (15,840)$ EXPENDITURES Current: Special Events 123,825$ 18,017$ 18,017$ 47,078$ Total Expenditures 123,825$ 18,017$ 18,017$ 47,078$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ -$ -$ (35,000)$ Total other financing sources and uses 40,000$ -$ -$ (35,000)$ Net change in fund balances (5,075)$ (17,017)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - - - Interest Revenues/State Funds - 2 2 2 Interest Revenues/Federal Funds - 5 5 5 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 7$ 7$ 7$ EXPENDITURES Current: Police 33,000$ 1,548$ 1,548$ 16,452$ Total Expenditures 33,000$ 1,548$ 1,548$ 16,452$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ (1,541)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ -$ -$ (800,000)$ Interest Revenue 175 - - (200) Total revenues 800,175$ -$ -$ (800,200)$ EXPENDITURES Current: Public Safety 821,000$ 1,310$ 1,310$ 1,115,952$ Total Expenditures 821,000$ 1,310$ 1,310$ 1,115,952$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ (1,310)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ -$ -$ (55,000)$ Total revenues 60,000$ -$ -$ (55,000)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 - - (35,000) Total other financing sources and uses 60,000$ -$ -$ (55,000)$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 6 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ 70,000$ -$ -$ (70,000)$ Sidewalk Replacement Account - - - - - Crabapple Paving Fee - - - - - Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 90,000 90,000 - (90,000) HYA Fees - - - - Interest Revenue 1,700 1,700 - - (1,700) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 161,700 161,700 -$ -$ (161,700)$ EXPENDITURES Capital Outlay City Council 300,000$ 300,000$ -$ -$ 300,000$ General Admin 50,000 50,000 - - 50,000 Finance - - - - - IT - - - - - Police 2,003,626 2,003,626 76,830 76,830 1,926,796 Fire 1,853,287 1,853,287 89,725 89,725 1,763,562 Public Works 7,460,790 7,460,790 50,007 50,007 7,410,783 Parks & Recreation 1,284,351 1,284,351 148,674 148,674 1,135,677 Community Development 196,290 196,290 - - 196,290 Total Capital Outlay 13,148,344$ 13,148,344$ 365,236$ 365,236$ 12,783,108$ Excess of revenues over expenditures (12,986,644) (12,986,644) (365,236) (365,236) (12,944,808) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ 400,000$ Unallocated - - - - - Lease Proceeds - - - - - Proceeds of Sale of Assets - - - - Budgeted Fund Balance - - - - - Total other financing sources and uses 4,465,206 4,465,206 - - (4,065,206) Net change in fund balances (8,521,438) (8,521,438) (365,236) City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)188,623 188,623 - - (188,623) LMIG Funds 200,000 200,000 - - (200,000) GDOT HPP Funds 5,514,052 5,514,052 - - (5,514,052) MARTA Grant 177,355 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 17,726 17,726 - - (17,726) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - - Interest Revenues - - - - - Total revenues 6,601,818$ 6,601,818$ -$ -$ (6,601,818)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ -$ Public Safety - - - Public Works 7,310,029$ 7,310,029$ 12,280$ 12,280$ 7,297,749$ Community Development 5,119 5,119 - - 5,119 Total Capital Outlay 7,315,148$ 7,315,148$ 12,280$ 12,280$ 7,302,868$ Excess of revenues over expenditures (713,330) (713,330) (12,280) (12,280) 701,050 OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ 600,180$ -$ -$ 600,180$ Total other financing sources and uses 600,180$ 600,180$ -$ -$ 600,180$ Net change in fund balances (113,150) (113,150) (12,280) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - Contributions & Donations 100,000 100,000 - - (100,000) Total revenues 100,000$ 100,000$ -$ -$ (100,000)$ EXPENDITURES Capital Outlay General Government Buildings 3,133,611$ 3,133,611$ -$ -$ 3,133,611$ Parks & Recreation 9,439,124 9,439,124 - - 9,439,124 Bond Principal 535,000 535,000 Bond Interest 300,000 300,000 - - 300,000 Total Capital Outlay 13,407,735$ 13,407,735$ -$ -$ 13,407,735$ Excess of revenues over expenditures (13,307,735) (13,307,735) - - 13,307,735 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,979,879$ 1,979,879$ -$ -$ (1,979,879)$ Revenue Bond Proceeds 9,600,000 9,600,000 - - 9,600,000 Total other financing sources and uses 11,579,879$ 11,579,879$ -$ -$ 7,620,121$ Net change in fund balances (1,727,856) (1,727,856) - City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2014 9 HOME OF ` FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2014 FROM: City Manager AGENDA ITEM: Approval of a Contract with OpenGov, Inc. to Provide a Web -Based Platform to Share the City's Financial Data MEETING DATE: Monday, December 15, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY A TTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY OAPPROVED PLACED ON AGENDA FOR: REMARKS {) NOT APPROVED () NO () NO {) NOT APPROVED ® V YO PHONE: 678.242.25001 FAX: 678.242.2499 info@61[yofmiltonga.us i www.cityofmiltonga.us ��! Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Cary „i' £thi s To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 10, 2014 for the December 15, 2014 Regular Council Meeting Agenda Item: Approval of a Contract with OpenGov, Inc. to Provide a Web-Based Platform to Share the City’s Financial Data Department Recommendation: Approve the contract as written. Executive Summary: OpenGov is a company that provides software on a web-based platform that helps governments share financial data in a way that promotes transparency. The data comes directly from our current financial software and is presented in a format that is easily understood by the general public. The drill-down feature of the online reports provide further detail that is currently not included in our monthly financial statements, thus allowing our citizens to see exactly how funds flow through our organization. Not only does this software fit well with several initiatives staff is currently working on (i.e., state-of-the- art web site design and engaging the citizens), it also embodies most of our core values: innovation, quality, integrity, fiscal responsibility and transparency. Funding and Fiscal Impact: The annual maintenance fee is $6,500. There are no implementation fees. For fiscal year 2015, the fee is prorated over 8 ½ months, which equates to $4,604. This is currently unfunded; however, a budget amendment will be brought forth at mid -year. We are bringing this to you for approval before the end of December because OpenGov will start charging implementation fees in January – a significant savings. Alternatives: There are no other attractive alternatives to offer. Legal Review: Elizabeth Whitworth – Jarrard & Davis (12/2/14) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Contract 1 OPENGOV, INC. SOFTWARE AGREEMENT C USTOMER I NFORMATION ORGANIZATION CONTACT BILLING CONTACT (If Different) Customer Name: The City Milton, GA Contact Name: Stacey Inglis Address: 13000 Deerfield Pkwy, Suite 107 Milton, GA 30004 Telephone: 678-242-2508 Email: Stacey.Inglis@cityofmiltonga.us Effective Date: 1/15/2015 Software Services: OpenGov Platform: A proprietary web application that visualizes the customer’s general ledger, chart of accounts, current year spending, balance sheet, and transactions, making multiple years of financial data accessible to citizens and staff through an online portal. The customer will receive access to OpenGov’s Annual Budget View, Current Year View and Transactions View. Fees: In consideration of Customer using the Software Services identified above, Customer shall pay OpenGov, Inc. a flat fee of $6,500.00 billed annually in advance for each Term (as defined in the Terms and Conditions), commencing on the first day of each Term. This amount shall be prorated for the initial term, which Term shall be for a period of eight and a half (8.5) months starting January 15, 2015 and ending September 30, 2015. The Customer shall not be responsible for any payment, other than the annual flat fee described herein, unless a written change order is executed by both parties. Welcome to OpenGov! Thanks for using our software. This Software Agreement (“Agreement”) is entered into between OpenGov, Inc., with its principal place of business at 1023 Shoreline Blvd, Suite 100, Mountain View, CA 94043 (“OpenGov”), and the Customer identified above (“Customer”), as of the Effective Date. This Agreement includes and incorporates the OpenGov Terms and Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the terms in the Agreement to the exclusion of all other terms. S IGNATURES Customer Signature: Printed Name: Title: Date: [INSERT CITY SEAL] 2 Attest: ______________________________________ City Clerk OpenGov Inc. Signature: Printed Name: Title: __ (President or Vice President) Date: [INSERT CORPORATE SEAL] Attest: ______________________________________ (Assistant) Corporate Secretary 3 Appendix A OpenGov Terms and Conditions 1. SOFTWARE SERVICES 1.1 Subject to the terms and conditions of these OpenGov Terms and Conditions (the “Agreement”), OpenGov, Inc., a California corporation (“OpenGov”) will use commercially reasonable efforts to perform the software services (the “Software Services”) identified in the applicable Software Agreement entered into by OpenGov and Customer (“Software Agreement”), which Software Agreement is attached hereto and incorporated herein by reference. 1.2 Customer understands that OpenGov’s performance depends on Customer timely providing OpenGov with a copy of the Customer’s chart of accounts in .csv or .xls format. In addition, Customer agrees to provide Open Gov with five or more years of general ledger data, also in .csv or .xls format, including budget data for the current year and actual expense and revenue data for past years. Any dates or time periods relevant to OpenGov’s performance will be extended appropriately and equitably to reflect any delays caused by Customer’s failure to timely deliver any such materials. OpenGov shall not be liable for any delays in performance under this Agreement resulting from Customer’s failure to meet these obligations. 2. RESTRICTIONS AND RESPONSIBILITIES 2.1 This is a contract for access to the Software Services, and Customer agrees not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code , or underlying structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, o r encumber rights to the Software Services; or remove any proprietary notices. 2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but not limited to, any export restrictions). 2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to, access or otherwise use the Software Services, and Customer shall also be responsible for (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment , user accounts, passwords and files, and (c) for all uses of Customer user accounts with or without Customer’s knowledge or consent, excluding uses by OpenGov. 3. OWNERSHIP. OpenGov retains all right, title, and interest in the Software Services and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature ) therein. 4. CONFIDENTIALITY. Each party (the “Receiving Party”) agrees not to disclose (except as permitt ed herein) any Confidential Information of the other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent. “Confidential Information" means all confidential business, technical , and financial information of the Disclosing Party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes , without limitation, the software underlying the Software Services and all documentation relating to the Software Services. “Confidential Information” does not include “Public Data,” which is data that the Customer has previously released or would be required to release according to applicable federal, state, or local public records law s. The Receiving Party agrees: (i) to use and disclose the Confidential Information only as allowed pursuant to this Agreement; and (ii) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include information that: (i) has become publicly known through no breach by the Receiving Party; (ii) was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; (iii) is independently developed by the Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party to the extent allowed by applicable law. OpenGov acknowledges that the Customer’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and OpenGov further acknowledges that if OpenGov submits records containing trade secret information, and if OpenGov wishes to keep such records confidential, OpenGov must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 5. DATA LICENSE. Customer grants OpenGov a non-exclusive, transferable, perpetual, worldwide, and royalty-free license to copy, modify, and make derivative works of any data or information submitted by Customer to OpenGov for the development of new software or the provision of the Software Services ; provided that any modifications to the data or 4 information submitted by Customer shall not affect the accuracy of the information displayed to the Customer or public using the OpenGov system to access Customer information. 6. PAYMENT OF FEES. The fees for the Software Services (“Fees”) are set forth in the applicable Software Agreement. Customer shall pay all Fees within thirty (30) days after receiving OpenGov’s invoice (which OpenGov typically sends within the first 45 days of each Term). Unpaid invoices may be subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. 7. TERM & TERMINATION 7.1 Subject to compliance with all terms and conditions, the initial Term of this Agreement shall be from January 15, 2015 and shall continue until September 30, 2015 (the end of Customer’s fiscal year), at which time the Agreement shall automatically renew for a period of five (5) twelve (12) month Terms, for a total of sixty-eight and a half (68.5) months from January 15, 2015. As required by O.C.G.A. §36-60-13, the parties agree that this Agreement shall terminate absolutely and without further obligation on the part of the Customer on September 30 (the end of the Customer’s fiscal year) each year, and, further, that this Agreement shall automatically renew on October 1 (the start of the Customer’s fiscal year) each year during the duration of this Agreement. The Customer will be billed for the first nine (9) month Term and then on an annual basis for each subsequent twelve (12) month Term. Either party may choose to not renew this Agreement at the end of the applicable Term (Customer fiscal year), without penalty, by providing thirty (30) days prior written notice to the other part y. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this Agreement immediately upon notice. Title to any supplies, materials, equipment, or other personal property shall remain in OpenGov until fully paid for by the Customer. 7.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall immediately terminate; and (b) each party shall return to the other party or, at the other party’s option, destroy all Confidential Information of the other party in its possession. 7.3 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 8. WARRANTY AND DISCLAIMER 8.1 OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance with generally prevailing industry standards. 8.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) it owns all right, title, and interest in and to all data provided to OpenGov for use in and in connecti on with this Agreement, or possesses the necessary authorization thereto; and (iii) OpenGov’s use of such materials in connection with the Software Services will not violate the rights of any third party. 8.3 OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS”, AND OPENGOV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE; provided that if the Software Services are unavailable for an unreasonable period of time or do not provide the servi ces described in this Agreement, the Customer may terminate this Agreement, and OpenGov will refund the prorated amount paid for the then - current Term. 9. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 10. MISCELLANEOUS. 10.1 Capitalized Terms. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth in the applicable Software Agreement. 5 10.2 Force Majeure. Neither party shall be held responsible or liable for their respective non-negligent or non-willful delay or failure in performance or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any part of their respective duties or obligations under this Agreement or for a ny delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God, (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute; (f) delay or failure to act by any governmental or military authority; or (g) due to war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invatsion. 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. 10.3 Customer Logos and Trade Names. OpenGov shall, upon receipt of written approval from the Customer of a proposal detailing the proposed use or display, have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in connection with OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines (as provided to OpenGov). 10.4 Severability. The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way defined, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the offending provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.5 Assignment. This Agreement is not assignable or transferable by either p arty without the other party’s prior written consent, provided however that either party may assign this Agreement to a successor to all or substantially all of i ts business or assets. 10.6 Entire Agreement. This Agreement (including the Software Agreement) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waiver s and modifications must be in a writing signed by both parties. 10.7 Independent Contractor. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. OpenGov hereby covenants and declares that it is engaged in an independent business and agrees to perform its obligations under this Agreement as an independent contractor and not as the agent or employee of the Customer. OpenGov agrees t o be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the work; hiring of consultants, 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. OpenGov agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the Customer the right to direct OpenGov as to the details of the services to be performed by OpenGov or to exercise a measure of control over such services will be deemed to mean that OpenGov shall follow the directions of the Customer with regard to the results of such services only. 10.8 Costs and Attorneys Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. 10.9 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given and 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 party at the addresses provided in the attached Software Agreement, or at a substitute address previously furnished to the other party by written notice in accordance herewith. 10.10 Governing Law. This Agreement shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. OpenGov hereby designates the following individual or company in Georgia to receive service on behalf of OpenGov related to any matters arising under this Agreement: ______________________________ 10.11 Agreement Construction and Interpretation. The parties agree and represent that they have reviewed and become familiar with this Agreement and notified the other party of any discrepancies, conflicts or errors in the Agreement. 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. 10.12 No Third Party Rights. This Agreement shall be exclusively for the benefit of the parties and shall not provide any third party with any remedy, claim, liability, reimbursement, cause of action or other right. 10.13 Waiver of Agreement. No failure by either party to enforce any right or power granted under this Agreement, or to insist upon strict compliance with this Agreement, and no custom or practice of any party at variance with 6 the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect a party’s right to demand exact and strict compliance with the terms and conditions of this Agreement. 10.14 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, OpenGov agrees that, during performance of this Agreement, OpenGov, 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, OpenGov agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services conte mplated under this Agreement. 10.15 Insurance. OpenGov shall have and maintain in full force and effect for the duration of this Agreement commercially reasonable insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement. 10.16 E-Verify. Pursuant to O.C.G.A. § 13-10-91, unauthorized aliens shall not be employed to perform work on Customer contracts involving the performance of services. Therefore, the Customer shall n ot enter into a contract for the performance of services unless OpenGov shall provide evidence on Customer -provided forms, attached hereto as Exhibits “A” and “B” (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 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 Customer contract to ensure that no unauthorized aliens will be employed. OpenGov hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “A”, and submitted such affidavit to Customer. Further, OpenGov 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 OpenGov employs or contracts with any subcontractor(s) in connection with the covered contract, OpenGov 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 “B”, which subcontractor affidavit shall become part of the contractor/subcontracto r agreement If a subcontractor affidavit is obtained, OpenGov agrees to provide a completed copy to the Customer within five (5) business days of receipt from any subcontractor. OpenGov and its subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. OpenGov agrees that the employee-number category designated below is applicable to OpenGov. ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. OpenGov hereby agrees that, in the event OpenGov employs or contracts with any subcontractor(s) in connection with this Agreement, OpenGov 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 b e construed to be in conformity with those laws. 7 EXHIBIT “A” CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, GA 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: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ 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: _________________________________ 8 EXHIBIT “B” 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 Open Gov, Inc on behalf of the City of Milton, GA 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 o f 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 _________________________________ Name of Project _________________________________ 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: ________________________________ HOME OF ' FSTABLISHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2014 FROM: City Manager AGENDA ITEM: Approval of a Fourth Amendment to an Intergovernmental Agreement between the City of Milton, Georgia and the City of Johns Creek, Georgia for the Provision of Information Technology Services. MEETING DATE: Monday, December 15, 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: (YYES () NO CITY ATTORNEY REVIEW REQUIRED: 9 YES O NO APPROVAL BY CITY ATTORNEY �APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS *%o V 10 is CT -Ts 9t'tv i c.AsS . /4fr" v o 77.4s �4► /-2 cJr.+Q, ©*you( _ PHONE: 678.242.2500 FAX: 678.242.2499 ba Green or info@cityofmiltonga.us i www.cityofmiltonga.us WiLniAH Community ELZMER 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1,4ps * l;e fej C¢y of Ethics 1 FOURTH AMENDENT TO INTERGOVERNMENTAL AGREEMENT This Fourth Amendment to Intergovernmental Agreement (the “Amendment”) entered into by and between the CITY OF MILTON, GEORGIA, an instrumentality of government existing under the laws of the State of Georgia (“Milton”) and the CITY OF JOHNS CREEK, GEORGIA, an instrumentality of government existing under the laws of the State of Georgia (“Johns Creek”), pursuant to Ga. Const. Art. 9, § 3, ¶ 1 WITNESSETH: WHEREAS, Milton and Johns Creek entered into that certain Intergovernmental Agreement dated November 1, 2010, which was amended by that certain Amendment to Intergovernmental Agreement executed October 24, 2011, that certain Second Amendment to Intergovernmental Agreement executed December 3, 2012, and that certain Third Amendment to Intergovernmental Agreement executed November 13, 2013 (as amended, the “IGA”); and WHEREAS, Milton and Johns Creek desire to amend the IGA; NOW THEREFORE, the parties do hereby agree as follows: 1. Recitals. The above recitals are not mere recitals, but material terms of this Agreement and are made a part hereof. 2. Amendments. a. Section 3.1.1 of the IGA shall be amended by striking same in its entirety and replacing in lieu thereof the following language: “3.1.1 Johns Creek will provide staff to Milton in accordance with Exhibit A, which is attached hereto and incorporated herein, to perform Tier 1 Support and Tier 2 Support of IT functions for the City of Milton, which include, but are not limited to, the following: approximately twenty (20) servers and network appliances, most of which have dedicated roles and run Server 2008 to include Active Directory, Exchange 2010, SQL Server, Hyper-V, print server, and host third party apps Like ICOP, Firehouse Web, ARC-GIS and Shoretel (VOIP system), Energov, OSSI Mobile Field Reporting, Netmotion Wireless, and Tyler Incode applications.” b. Section 3.1.2 of the IGA shall be amended by striking same in its entirety. c. Section 4.1 of the IGA shall be amended by striking same in its entirety and replacing in lieu thereof the following language: “4.1 For the services to be rendered pursuant to this Agreement, as amended, Milton shall pay to Johns Creek $3,573.82 per month plus, when requested, a daily charge of $551.25 for Tier 2 IT Services and $682.50 for Tier 3 IT Services, which sum shall be remitted to Johns 2 Creek on or before the 15th (fifteenth) day of each month of the term. This amount is due in full each month.” d. The IGA shall be amended by adding Article 19 and Article 20 following Article 18, to read as follows: “ARTICLE 19 EVERIFY It is the policy of the Parties that unauthorized aliens shall not be employed to perform work on behalf of either Party for contracts involving the physical performance of services. Therefore, neither Party will enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Party providing the service shall provide evidence on approved forms, attached hereto as Exhibits “B” and “C” (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 either Party’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 under the contract to ensure that no unauthorized aliens will be employed, or (2) the Party providing the service 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 Party providing service hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “B”, and submitted such affidavit to the other Party or provided the other Party 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, the Party providing service 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 Party providing service employs or contracts with any subcontractor(s) in connection with the covered contract, the Party providing service 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 “C”, 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, the Party providing service agrees to provide a completed copy to the other Party within five (5) business days of receipt from any subcontractor. 3 Where the Party providing service is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the other Party’s manager or his/her designee shall be authorized to conduct an inspection of the Party providing service subcontractors’ verification process at any t ime to determine that the verification was correct and complete. The Party providing service and the Party providing service’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 the Party providing service is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the other Party’s Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no subcontractors employ unauthorized aliens. By entering into a contract with the other Party, the Party providing service and the Party providing service’s subcontractors agree to cooperate with any such investigation by making their reco rds and personnel available upon reasonable notice for inspection and questioning. Where a Party providing service or a Party providing service’s subcontractors are found to have employed an unauthorized alien, the other Party’s Manager or his/her designee may report same to the Department of Homeland Security. The Party providing service’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Party providing service shall be liable for all damages and delays occasioned by the other Party thereby. The Party providing service agrees that the employee-number category designated below is applicable. [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. The Party providing service hereby agrees that, in the event the Party providing service 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 Party providing service 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. ARTICLE 20 COMPLIANCE WITH TITLE VI 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, both Parties agree that, during performance of this Agreement, the Party providing service, 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, the Party providing service agrees to comply with all applicable implementing regulations and shall include the provisions of this 4 Section 20 in every subcontract for services contemplated or that otherwise may arise under this Agreement.” e. Exhibit A of the IGA, which includes Attachments A-1, A-2, and A-3, shall be amended by striking same in its entirety and replacing in lieu thereof a new Exhibit “A” (including Attachments A-1 and A-2), which is attached hereto and incorporated herein. f. The IGA shall be amended by adding thereto Exhibit “B” and Exhibit “C”, which are attached hereto and incorporated herein. 3. Effect of Amendment. This Amendment shall become effective November 1, 2014. Except as expressly amended herein, the IGA is and remains in full force and effect. 4. Counterparts. This Amendment may be executed in several counterparts, each of which shall be an original, and all off which shall constitute but one and the same instrument. IN WITNESS WHEREOF, Johns Creek and Milton have caused this Third Amendment to Intergovernmental Agreement to be executed in their respective official names and have caused their respective official seals to be hereunto affixed and attested by their duly authorized officers, all as of the dates set forth below. This ______ day of ________________________, 2014. CITY OF JOHNS CREEK, GEORGIA ATTEST: __________________________________ _________________________________ Michael E. Bodker, Mayor City Clerk Approved as to form: __________________________________ _________________________________ City Attorney Warren Hutmacher, City Manager [signatures continued on following page] 5 CITY OF MILTON, GEORGIA ATTEST: __________________________________ _________________________________ Joe Lockwood, Mayor Sudie AM Gordon Approved as to form: __________________________________ _________________________________ Ken Jarrard, City Attorney Christopher J. Lagerbloom, City Manager 6 EXHIBIT “A” SCOPE OF SERVICES 1. INFORMATION TECHNOLOGY SERVICES 1.1 Tier 2 Services – IT Onsite Support – Staff shall be provided at the request of the City Manager of Milton to deliver the following services: Desktop, Server, and Telecom/Networking support Attend staff meetings as requested by the City Manager of Milton Manage day-to-day IT operations, as requested Milton acknowledges and agrees that Tier 2 Services are provided by an independent contractor of Johns Creek. Such services shall include the provision of a staff member whose services, duties and functions are further described in Attachment A-1, which is attached hereto and incorporated herein. 1.2 Tier 3 Services - IT Administrative Support – Staff shall be provided at the request of the City Manager of Milton to deliver the following services: Desktop, Server, and Telecom/Networking support Attend staff meetings Assist the city with budget preparation and recommendations Provide senior guidance and recommendations for technology initiatives Milton acknowledges and agrees that Tier 3 Services are provided by employees of Johns Creek. Such services shall generally include those types of services, duties and functions falling within the functions of an IT Director. 2. GIS SERVICES Johns Creek shall provide GIS services to Milton through the allocation of staff equivalent to 0.3 FTE for GIS Manager and/or for GIS Anal yst, as further described: Responsible for all GIS related functions for the city of Milton Data entry, map creation, and data validation Milton acknowledges and agrees that GIS services are provided by an independent contractor of Johns Creek. Such services shall include the provision of a staff member(s) to serve as a GIS Manager and/or GIS Analyst, whose services, duties and functions are further described in Attachments A-1 and A-2, respectively, which are attached hereto and incorporated herein. 7 ATTACHMENT A-1 The job functions performed by the staff member performing the services of GIS Manager shall include, but not be limited to, the following: 1. GIS Development: a. Design, develop and continually maintain hardware/software related to the GIS (i.e., database, web server(s), mobile unit(s)) and make recommendations as to future improvements; b. Perform system administrator role of GIS database and servers utilizing multi-user editing environments, data versioning, data quality control, and map service maintenance while maintaining data integrity and security; c. Perform computer programming, data analysis, and software development for GIS applications, including the maintenance of existing systems and research and development of future enhancements; d. Lead, train and supervise technicians, field staff and/or others in the conduct of GIS analytical procedures and City GIS data standards; e. Proactively develop and provide GIS solutions to Milton departments and divisions; f. Support other third-party systems utilizing GIS; g. Meet with City staff and vendors to discuss topics such as technical specifications and customized solutions that solve operational problems; and h. Assist in the development of a robust GIS website as part of the Milton website. 2. General Mapping and Data Analysis: a. Collect, compile, improve and/or integrate GIS data and metadata in Milton database; b. Produce data layers, maps, tables, or reports using simple spatial analysis procedures and GIS technology, equipment, or systems; c. Create visual representations of geospatial data applying complex procedures such as analytical modeling and/or three-dimensional renderings to effectively communicate data and analysis results; and d. Assist Milton staff in creation and execution of simple and/or advanced mapping and data analysis tasks as well as provide technical expertise to other clients/users. 3. Administrative: a. Serve as main point of contact of GIS for Milton staff, vendors and/or citizens/customers; b. Coordinate the development and/or administration of GIS projects, including the development of technical priorities, or coordination and review of schedules and budgets with superiors in the Information Technology department, Finance, HR, City Manager and City Council; c. Interact with other local, state and federal agencies effectively in promoting the use of Milton GIS data, interoperability of data and collaboration of efforts; and 8 d. Seek continual professional development of staff to develop a competent and confident GIS workforce. This position will report directly to an independent contractor of the City of Johns Creek, while receiving day to day assignments from the Assistant City Manager of the City of Milton. 9 ATTACHMENT A-2 The job functions performed by the staff member performing the services of GIS Analyst shall include, but not be limited to, the following: 1. Support of GIS Environment: a. Assist in the maintenance of hardware/software related to the GIS (i.e., database, web server(s), mobile unit(s)); b. Perform system administrator role of GIS database and servers utilizing multi-user editing environments, data versioning, data quality control, and map service maintenance while maintaining data integrity and security; c. Support City GIS solutions; and d. Support other third-party systems utilizing GIS. 2. General Mapping and Data Analysis tasks: a. Maintain and/or produce data layers, maps, tables, or reports using simple spatial analysis procedures and GIS technology, equipment, or systems; and b. Create simple mapping and data analysis tasks. 10 EXHIBIT “B” STATE OF GEORGIA COUNTY OF FULTON PARTY PROVIDING SERVICE AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned 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 will continue to use the federal work authorization program throughout the contract period and the undersigned 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 hereby attests that its federal work authorization user identifica tion number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Party _________________________________ Name of Project _________________________________ 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: ________________________________ 11 EXHIBIT “C” STATE OF GEORGIA COUNTY OF FULTON 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 City of Johns Creek 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 _________________________________ Name of Project _________________________________ 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: ________________________________ HOME OF ' F)TAlil itiii FD ?O00 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2014 FROM: City Manager AGENDA ITEM: Approval of an Intergovernmental Agreement (IGA) Between Fulton County and the City of Milton for 800 MHz Radio System Access Beginning January 1, 2015. MEETING DATE: Monday, December 15, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY OAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS 12 IS L� 4 ® , ; YOUM _ * * * v PHONE: 67$.242.25001 FAX: 67$.242.2499 eelrt ' '" *Cetry (d ; top'roo �� LLDLIFr Community ? Ethi�'� inFo@cityofmiltonga.us I www.cifyofmiltonga.us gum 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on December 10, 2014 for the December 15, 2014 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement (IGA) Between Fulton County and the City of Milton for 800 MHz Radio System Access Beginning January 1, 2015 ____________________________________________________________________________ Department Recommendation: To approve the IGA between Fulton County and the City of Milton. Executive Summary: In order to provide reliable Public Safety radio coverage for the North Fulton area, the North Fulton Regional Radio System Authority (NFRRSA) was established in 2013. The city of Milton is a member of this Authority. Since its origination, the NFRRSA has been working on the construction of a new radio system to provide optimal radio coverage the North Fulton region. The construction of the new radio system is scheduled to be complete by the end of January 2015 at which time testing of the new system will begin. The goal is to have the NFRRSA system operational by the end of the first quarter in 2015. This IGA will retain the status quo for up to one year while it is anticipated it will only be needed for an additional 90 days. Funding and Fiscal Impact: The quarterly cost to Milton for 123 radio units is $10,147.50. Alternatives: No alternative. All Authority member cities are entering into this IGA to insure Public Safety radio coverage is maintained. Legal Review: Plat Revision Staff Memo Ken Jarrard, December 5, 2014 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Intergovernmental Agreement For the Provision of 800 MHz Radio System Access Between Fulton County, GA and The City of Milton. INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF 800 MHz RADIO SYSTEM ACCESS BETWEEN FULTON COUNTY, GEORGIA and THE CITY of MILTON, GEORGIA This agreement is made and entered into on this _________day of ______________, 2015, by and between Fulton County, Georgia, a political subdivision of the state of Georgia (hereinafter the “County”), and the City of Milton, a duly formed and existing Municipal governmental authority authorized to do business in the State of Georgia, (hereinafter “User”); RECITALS Whereas the County is the sole owner and operator of an APCO P25 Phase 2 Digital 800 MHz radio system (hereinafter “the County System”); and Whereas numerous County departments, including the Police, Sheriff, Marshal, Fire Department, Public Works, General Services Administration, and School Board are presently users on the System; and Whereas it is desirable to have a unified system to include entities on the System who affect and further the goal of protecting the citizens of Fulton County’s health, safety, and welfare; and Whereas User is a governmental authority located within Fulton County and provides public safety services to the citizens of the City of Milton in Fulton County; and Whereas User therefore affects and furthers the goal of protecting the health, safety, and welfare of the citizens of the County; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the County hereby grants to User a revocable license to use 123 radio units on the County’s System for up to one (1) year, beginning January 1, 2015 and ending on or before December 31, 2015. User’s license may be revoked only for good cause and only after User has had an opportunity to present evidence and otherwise show cause why its license should not be revoked before the Board constituted for such purpose as set out in Paragraph Six (6). Such license is not intended to and does not grant to User any property interest in the County System. Additionally, either party is free to withdraw from this Agreement for any reason and at no penalty to each respective party upon sixty (60) days written notice to the other party. This agreement may be renewed by mutual agreement approved by both governing bodies. The parties will meet on or before January 1, 2016 to review service under this Agreement and consider proposed modifications of the term. Any such proposed change is subject to consideration and approval of the Board of Commissioners and City Council. User Agrees To: (1) Limit the number of all subscriber units, including but not limited to mobile, portable, and console, to 123. User may request additional units by making formal application with supporting documentation of need to the Director of the Emergency Communications Department or his/her designee. The application for additional units shall be reviewed and approved or denied by the Director or his/her designee. The Director or his/her designee, in reviewing an application, will take into account system loading, air time usage, number of system busies, and will make a decision based on maintaining the efficiency of the County’s System for all users. All requests for additional units shall be made at least sixty (60) days prior to the beginning of the County’s fiscal year (January 1). In extraordinary cases, additional units may be requested and added after such time and the cost of those additions shall be calculated on a pro rata basis of the original fiscal year contribution. Any application denied may be appealed to the Board constituted for such purposes as set out in Paragraph Six (6) hereinafter. User is absolutely prohibited from selling, assigning or otherwise transferring its license to use the County System, in whole or in part, to any other person or entity. (2) Be solely responsible for purchasing and maintaining all equipment necessary to be a user on the County System. All subscriber units must be approved by type by the County. A conforming product list is available from the Department of Emergency Communications and will be updated from time to time. Products not listed will not be accepted. All maintenance performed on User’s units must be certified by a Motorola certified technician, or otherwise consented to in writing by the Director of Emergency Communications. (3) Comply with Motorola Software security constraints. (4) Have any of its devices, equipment, or subscriber units, which cause any problems on the County System immediately taken out of service and repaired by User. User shall be responsible for all repair costs and for any damages or consequences arising out of such problematic device, equipment, or unit. (5) Ensure that all persons who will be operating subscriber units are adequately trained in the use of such units. (6) Ensure that its employees who are trained and authorized to use the System do so in compliance with federal, state, and county laws, codes, regulations and ordinances, as well as this Agreement. Alleged violations of any applicable law, code, regulation, ordinance, or this agreement will be reviewed by the Director or his/her designee. Upon finding a violation has occurred, the Director or his/her designee, in his/her discretion may require the User to remove a unit(s) from the System, place the User on probation for a certain period of time not to exceed six (6) months, and/or take other reasonable action. Multiple violations or misuse of the County System may result in User being removed entirely from the County System after the User has had an opportunity to present evidence why its license should not be revoked before the Board as set forth below and as additionally references in the "NOW THEREFORE" paragraph on page 1 of this agreement. Any action taken by the Director or his designee may be appealed to the Board constituted for such purposes, said Board to be comprised of the Director of the Emergency Communications Department, the Chief of the Fulton County Police Department, the Chief of the Fulton County Fire Department, the Fulton County Sheriff, and Fulton County Marshal. Any decision of this Board adversely impacting User may be appealed to the Fulton County Board of Commissioners, and their decision shall be final. All direct and indirect expenses arising out of violations or misuse by the User and its employees and agents shall be borne by User. Additionally, User shall be responsible, at the request of the County, for responding to or assisting the County in responding to any correspondence or complaint received by the Coun ty from state or federal regulatory agencies involving User’s units. (7) Restrict its use of the County System to legitimate business-related purposes of the User. The County System shall not be used to conduct personal or unrelated business, except that which is incidental and occasional. (8) Comply with any and all mandate(s) issued by authorized regulatory agencies. If subsequent to this agreement being entered into, technical or other changes are mandated by a regulatory agency, User will have the opportunity to remain on the County System if User is able to timely comply with the mandate(s). The County will not be responsible for bringing User into compliance with the mandate(s) or be responsible for any direct or indirect, tangible or intangible costs, damages, or losses incurred due to the mandates. Notwithstanding the foregoing, User agrees that should the County decide to comply with the mandate(s) in a time period that is shorter than required by the regulatory agency, User agrees to comply within that shorter time period so long as the County provides User with prior written notice. If User is unable to comply with the mandate(s) within the applicable time allowed (either by a regulatory agency or the County), User agrees it shall be removed in whole or in part from the County System. (9) The County will have the sole discretion to update or change the County System. The County will not be responsible for any expenditure, losses, or other claims caused by or attributable to such voluntary upgrades and/or changes to the County System. (10) Remit to the County in a timely fashion its pro rata share of the estimated cost of the actual quarterly maintenance cost of the County System. The amount to be paid by User will be calculated based on the number of units assigned to User. If additional units are added within a fiscal quarter, the cost of the use of those units shall be calculated on a pro rata basis of the original fiscal quarter contribution. The County Emergency Communications Department will invoice the User at least thirty (30) days prior to the due date. The due date shall be quarterly and payments made payable on or before the first day of each quarter; and, the first payment under this contract shall be due and payable within 30 days of agreement execution for the remaining months within the calendar quarter year. A late payment penalty, of ten percent (10%), will apply on all payments not received by the due date. Interest will also accrue at the rate of one percent (1%) per month or part thereof for any payment that is delinquent. The monies received will be placed in a restricted designated fund and managed by the County Finance Department. All monies in the account will be expended exclusively for maintenance, and/or upgrade of the County System. The Board of Commissioners of Fulton County shall have the sole authority to authorize any expenditure from the account. In the event the County System is replaced during the term of this agreement and in the event the cost of such replacement is less than the amount contained in the designated fund, User’s pro rata portion of the amount remaining in the fund will be reimbursed. If there is no replacement of the County System during the term of this agreement, User shall receive no reimbursement or pay any additional assessment. The pro rata share for each quarter is $82.50 multiplied by the number of radio units, 123, thereby equating to a quarterly cost of $10,147.50. (11) Abide by any reasonable rules and regulations promulgated by the County regarding the use of the County System. The User shall have the right to review the rules and regulations prior to their adoption and to make suggested changes if any rules or regulations present a conflict with the reasonable operation of the User System. Changes or exceptions to the rules or regulations will voluntarily be made by the County upon a showing by the User of such a conflict. The County Agrees To: (1) Maintain and support the core of the County System. (2) Use best efforts to answer questions and facilitate use of the County System by User. (3) Comply with federal, state, and county rules. (4) Give adequate notification to User of violations, service interruption, and intent to remove units from operation on the County System. (5) Provide User one (1) year prior notice to any voluntary upgrades or early compliance with mandates to the County System that will affect User. TERMINATION AND DEFAULT REMEDIES: In the event that either party shall default on its obligations under this Agreement, including but not limited to failure to remit payment for license use or failure to provide access to the 800 MHz system, the other party may provide the breaching party with a written notice of default specifying the basis for the default and advising the defaulting party of the time frame to cure the default. All defaults shall be cured within a thirty (30) day time period. The non -defaulting party may grant the defaulting party additional time to cure the default. Subject to the provis ions of this Agreement, the non-defaulting party may elect to terminate the Agreement if the default is not remedied in the agreed upon cure period. The County and User reserve all available remedies afforded by law to enforce any term or condition of this Agreement. Any other allegation related to violations of rules, regulations, laws or codes regarding this license agreement shall be processed in accordance with the hearing protocols set forth is the "NOW THEREFORE" paragraph on page 1 and the provisions of paragraph 6. Either party may terminate this Agreement for its convenience at any time upon sixty (60) days written notice to the other party. If the County terminates, the City of Milton shall be entitled to receive reimbursement for fees received for services beyond the sixty (60) days. If the city terminates, the County shall be entitled to termination fees prorated for sixty (60) days. SEVERABILITY: If any provision of this Agreement is held as a matter of law to be unenforceable or unconscionable, the remainder of this Agreement shall be enforceable without such provision. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the state of Georgia. The obligations of the parties to this Agreement are performable in Fulton County, Georgia and, if legal action is necessary to enforce same, the parties agree exclusive venue shall lie in Fulton County, Georgia. WHEREFORE, the parties having read and understood the terms of this agreement, they do hereby agree to such terms by execution of their signatures on the next page. FULTON COUNTY, GEORGIA ATTEST: _______________________________ ________________________________ John Eaves, Chairman Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Fulton County Board of Commissioners APPROVED AS TO FORM: _________________________________ __________________________________ County Attorney’s Office Joseph Barasoain, Director Fulton County Emergency Communications E-911 Department CITY OF MILTON, GEORGIA ATTEST: ________________________________ Mayor Municipal Clerk (SEAL) City of Milton APPROVED AS TO FORM: ________________________________ City Attorney HOME OF ` t� ivt FSTAIMSHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-16 — To Amend Chapter 64, Article XVII, Development Regulations. MEETING DATE: Monday, December 15, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Y APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: �j YES () NO APPROVAL BY CITY ATTORNEY )APPROVED NOT APPROVED PLACED ON AGENDA FOR: 12 i S- 1,� REMARKS ©10Yam *** PHONE: 678.242,25001 FAX: 678.242.2499G66im—I&im, *Cercified* aptuu info@cityofmiltonga.us i www.cityofmiitonga.us %V1 Community 44 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 �'a�` To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 20, 2014 for the December 15, 2014 Regular Meeting (December 8, 2014 for Council Work Session) Re: Consideration of RZ14-16 –To amend Chapter 64, Article XVII. Development Regulations (Proposed Clear Cutting Permit) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: Earlier this year, when the Planning Commission deliberated on changes to the Rural Milton Overlay, there were extensive discussions regarding clear cutting within the City. Situations had occurred that concerned the Commission: property owners had cut down trees with the intention of creating pastures, but had not used the property as intended. Therefore, Staff was directed to create a clear cutting permit that would assist in controlling future removal of trees in certain situations. The proposed new Clear Cutting Permit is within the Development Standards of the Zoning Ordinance and would apply to certain properties zoned AG-1, R-1, R-2, and R-2A which do not have an approved Land Disturbance Permit. The Planning Commission unanimously recommended approval of the proposed text amendment. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (November, 2014) 2 Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-16 RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 1 of 4 Sec. 64-2371 - Clear Cutting Permit (1) Purpose. The Clear Cutting Permit requirement has been developed to: a. Protect existing trees and shrubs located upon undeveloped sites for use as future buffers to meet development plan requirements. b. Preserve existing trees and vegetative cover to protect the health safety and welfare of the public by preserving the visual and aesthetic qualities of the City; maintain property values; control erosion; and reduce sediment and other pollutant run-off into streams and waterways in an effort to protect water quality; and c. To create a process whereby some properties are subject to certain exemptions required to obtain a Clear Cutting Permit. (2) Applicability The requirements for obtaining a Clear Cutting Permit are applicable to all properties which are zoned AG-1, R-1, R-2 and R-2A within the City. (3) Exemptions The requirements to obtain a Clear Cutting Permit shall not apply to the activities listed below: a. Normal forestry activities taking place on property which is taxed under the present use value standard or conducted pursuant to a forestry management plan prepared or approved by a Georgia Registered Forester and provided such activities are in compliance with Sec. 60-43(d)(tree removal, administrative guidelines). b. Properties with a City approved land disturbance permit (LDP), provided such plan has not expired and that any clearing or vegetation removal is done in strict accordance with the approved LDP. c. The removal of vegetation by public or private agencies within the lines of any public street right-of way, utility easements, or other City property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or intersections, to perform authorized field survey work, or to preserve or enhance the rural viewshed. d. The City initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance, or which by its nature Is injurious to sanitary sewer, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or other pest. (4) Required Buffers and Vegetation Protection Areas RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 2 of 4 Other than what is necessary to gain reasonable access to the property, clearing and /or removal of trees and other vegetation shall be prohibited in the areas listed below. In situations where one or more buffer zones or vegetation protection areas overlap on the same site, then the more restrictive requirement shall apply. a. A perimeter buffer zone having a width of fifty (50) feet as measured from all property boundaries with an approved development plan. b. Any other areas necessary for the protection of existing vegetation as indicated within this Ordinance. (5) Application Requirements a. An application for a Clear Cutting Permit is not required for those activities which can demonstrate an exemption in accordance with the provisions of Sec. 60-23 (tree conservation, exemptions). b. An application for a Clear Cutting Permit may be filed only by all the owners of the property or by such owners’ agent. c. An application for a Clear Cutting Permit shall be filed with the Community Development Department on a form required by the Community Development Department and all associated fees as approved by the City. d. The application shall be accompanied by a Tree Protection Plan which shall include, at a minimum, the following information on a sheet no smaller than 24 by 36 inches at a minimum scale of 1 inch equals 50 feet: 1. Vicinity map showing the location of the tract. 2. A survey of the entire tract with all adjacent off-site easements within 100 feet. 3. General information about the tract and including but not limited to the owner of the tract, the current zoning of the tract. 4. The location and use(s) of all existing building(s) on the tract. 5. The owner, current zoning and present use of all contiguous properties (including property on the opposite site of adjoining streets). 6. The location and width of all future /existing buffers, including riparian buffers, perimeter buffers and perimeter streetscapes. 7. The proposed limits of tree removal, including the location and extent of all tree protection fencing as required by Sec. 60-71 of the City Code. RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 3 of 4 e. The Community Development Director may reduce or waive the requirements for a Tree Protection Plan in situations where it can be demonstrated that all vegetation removal will take place outside of required vegetation protection areas. (6) Procedure Prior to the commencement of any vegetation clearing or removal on any property, the owner or the owner’s agent must demonstrate exemption from the requirements of this Part, or submit the required application for a Clear Cutting Permit. a. Upon receipt of the documentation that a property is exempted from obtaining a Clear Cutting Permit, the City Arborist shall review all materials and make a determination if a property is exempted from this requirement, or if the requirements apply. In situations wherein exemption status is claimed on subsection 3(a) ( forestry use), the documentation shall include proof that the property is taxed under the present-use value standard or a copy of the valid forestry management plan prepared or approved by a Georgia Registered Forester. The decision of the City Arborist may be appealed to the Director pursuant to the provisions of Section 64-2348. b. If a property is required to obtain a Clear Cutting Permit, then such application materials shall include a Tree Protection Plan consistent with the requirements listed in subsection 5. c. The Tree Protection Plan shall be reviewed by the City Arborist based upon the provisions of Chapter 60 of the City Code. The decision of the City Arborist may be appealed to the Director pursuant to the provisions of Section 64-2348. d. An applicant for a Clear Cutting Permit shall be notified upon the decision of the Tree Protection Plan, and shall erect or install any and all barriers necessary to protect existing vegetation within required buffer areas and tree protection areas from damage during tree clearing and/or removal activities. Failure to protect these areas shall result in penalties as outlined in Table 1. e. Once all barriers for the protection of existing vegetation have been installed, a property owner or agent shall request inspection of such barriers for compliance with the requirements of this Ordinance. f. Upon passing inspection of vegetation protection barriers, the Arborist shall issue a Tree Clearing Permit, and authorize vegetation clearing and/or removal may commence. g. An approved Clear Cutting Permit shall be valid for a period of twelve (12) months from the date of issuance. (7) Violation and Penalty RZ14-16 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on December 1, 2014. (First Presentation) Page 4 of 4 Failure to comply with the provisions of this section shall constitute violation of this Ordinance and shall be subject to Chapter 64, Article XV of the City Code. In addition, Table 1 describes the penalties for non- compliance with this Section. Table 1. Type of Violation Payment of fines (based on Chapter 64, Article XV) Review of all subsequent Development Plans for the property Five year hold on approval of a Building Permit or Land Disturbance Permit for the property Requirement to double the landscaping provisions for the property during development plan review Property does not require a Clear Cutting Permit, but all or substantially all*vegetation within required buffers and/or tree protection areas is removed X X X Property owner obtains a Clear Cutting Permit, but removes vegetation within a required buffer and/or tree protection area. X X Property requires a Clear Cutting Permit; but property owner obtains no Clear Cutting Permit and removes vegetation within a required buffer and/or tree protection area. X X X Property requires a Clear Cutting Permit; but property obtains no Permit and removes all or substantially all* of the vegetation within a required buffer and/or tree protection area. X X X X * ”substantially all” shall mean seventy-five (75) percent or more of the existing trees with a caliper of four (4) inches or greater. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-16 AN ORDINANCE TO AMEND TO AMEND CHAPTER 64, ARTICLE XVII. DEVELOPMENT REGULATIONS (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 15, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 64, Article XVII within the Development Regulations to create “Clear Cutting Permit” regulations, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of December, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) 4%J HOME OF ' , I LT'0 N tt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-17 — To Amend Section 64-1 Definitions. MEETING DATE: Monday, December 15, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: (X YES () NO APPROVAL BY CITY ATTORNEY OAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: j 7-1 s14 REMARKS © Yoam PHONE: 678.242.2500 j FAX: 678.242.2499 -Green *c�«,,,� TOP:�oo info@cityofmiltonga.us I www.cityofmiltonga.us l5'l Community i� E`�;; i 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted November 20, 2014 for the December 15, 2014 Regular Meeting (December 8, 2014 for Council Work Session) Re: Consideration of RZ14-17 –To amend Sec. 64-1, Definitions Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: There are two areas that require additions or modifications to the definitions. The first definition is “lot coverage”. At the October 13th Council Work Session, Council directed Staff to delete golf courses and bodies of water when calculating lot coverage. At the Planning Commission meeting on November 19, 2014, the Planning Commission voiced their opposition to removing this portion of the definition based on the City’s overall direction toward preserving the rural character of the City and encouraging the conservation of land. The Planning Commission unanimously voted to remove the proposed deletion of golf courses, water bodies, and streets. The second area is clear cutting definitions. Within the definition of “clear cutting”, Staff deleted the statement that clear cutting is subject to the same requirements as timber harvesting. Also, there is a new definition of a “clear cutting permit”. The Planning Commission was in support of these two changes regarding clear cutting. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: 2 Paul Frickey - Jarrard & Davis (November, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendment and Ordinance for RZ14-17 RZ14-17 - Text Amendment prepared for The City of Milton Mayor and City Council Meeting on December 1, 2014 (First Presentation) Page 1 of 1 Sec. 64-1 Definitions Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the total lot area, calculated by dividing impervious surface area by total lot area. For purposes of calculating lot coverage, impervious surfaces shall include the following: (1) The footprint of the main building regardless of size; (2) The total footprints of any accessory buildings larger than 150 square feet; (3) Swimming pools, hot tubs, and associated decks and; (4) Parking pads and driveways. For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by the area of all of the following that are located within the boundaries of the lot: (1) Golf courses; (2) Bodies of water; and (3) Streets. Clear cutting means the removal of all vegetation from a property, whether by cutting or other means, excluding stream buffer requirements. Clear cutting shall be subject to the same requirements as timber harvesting. Clear cutting permit means a permit for removing trees and vegetation on properties which are not subject to an approved land disturbance permit. Comment [RM1]: Staff notes that the Planning Commission was unanimously opposed to deleting golf courses, bodies of water and streets from the proposed text amendment. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-17 AN ORDINANCE TO AMEND SECTION 64-1, DEFINITIONS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 15, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1, Definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of December, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF 'THE BF;T GIIAL•TY OF LIFE IN GEORGIA' MENEWOMMMMONEENE M1..LT0 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of Appointments and Confirmation of the Milton Grows Green Committee Officers for 2015. (Chairperson — Jack Lindon; Vice - Chairperson — Teresa Stickels; Director of Natural Resources Subcommittee — Barbara Peck; Director of Land Conservation Building Standards Subcommittee — Kathy Johnson; Director of Education and Outreach Subcommittee — Margaret Lamb and Director of Communications Subcommittee — Jennifer Griffiths, MEETING DATE: Monday, December 15, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS O YES () NOT APPROVED ()APPROVED ) NOT APPROVED © Youn PHONE: 678.242.25001 FAX: 678.242.2499 Green a *C:e*ied* TSB, tOu info@cityafmiltonga.us I www.cityofmiltonga.us Nk'11 Community 4 Emu 33000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - - ` . 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO MILTON GROWS GREEN FOR THE CITY OF MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regul ar Meeting on December 15, 2014 at 6:00 p.m. as follows: SECTION 1. That Jack Lindon is hereby appointed as Chairperson for a term commencing January 1, 2015 and ending on December 31, 2015; and SECTION 2. That Teresa Stickels is hereby appointed as Vice-Chairperson for a term commencing January 1, 2015 and ending on December 31, 2015; and SECTION 3. That Barbara Peck is hereby appointed as Director of the Natural Resources Subcommittee for a term commencing January 1, 2015 and ending on December 31, 2016; and SECTION 4. That Kathy Johnson is hereby appointed as Director of the Land Conservation and Building Standards Subcommittee for a term commencing January 1, 2015 and ending on December 31, 2016; and SECTION 5. That Margaret Lamb is hereby appointed as Director of the Education and Outreach Subcommittee for a term commencing January 1, 2015 and ending on December 31, 2016; and SECTION 6. That Jennifer Griffiths is hereby appointed as Director of the Communications Subcommittee for a term commencing January 1, 2015 and ending on December 31, 2016. RESOLVED this 15th day of December, 2014. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________________ (Seal) Sudie AM Gordon, City Clerk KE HOME OF ' M I LTON- It ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 9, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution and Ordinance Amending the Charter for the City of Milton. MEETING DATE: Monday, December 15, 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: XM YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY X APPROVED () NOT APPROVED PLACED ON AGENDA FOR. 2 15 14 REMARKS r. -n r TTN D,ca 5% C i 7-.I /4 77alt.0 t'LJ I a F r! ti © YouM PHONE: 678.242.2500 FAX: 678.242.2499 Green 0' *Gerrified* ioptUO Citv',r �� r �.�rt infaC�cityofmiltonga.us I www.cityofmiltonga.us m� community I Eches�,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '0 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______ A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any of its real, personal, or mixed property, or any interest therein, repeal conflicting laws, and for other purposes; and WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assembly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and 2 Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 1. Section 1.12(b)(21) is amended by striking it in its entirety and replacing it with a new Section 1.12(b)(21) to read as follows: Municipal property ownership. To acquire, dispose of, lease, enter into a contract for valuable consideration for the use, operation, or management of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; Section 2. Section 6.32 is amended by striking it in its entirety and replacing it with a new Section 6.32 to read as follows: Sale and lease of property; contracts for use, operation, or management. (a) The city council may sell and convey, lease, or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. 3 SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on December 15, 2014 and January 5, 2015, as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, this 5th day of January, 2015, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) NOTICE OF CONSIDERATION OF CITY CHARTER AMENDMENTS Re: Proposed Amendment to the Charter of the City of Milton, Georgia Notice is hereby given that the Council of the City of Milton, Georgia will consider amendments to Section 1.12(b)(21) and Section 6.32 of the Charter of the City of Milton, pursuant to the Georgia Constitution, Article IX, Sec. II, Par. II and O.C.G.A. § 36-35-1, et seq., at the Council’s regular meetings on December 15, 2014 and January 5, 2015 at 6:00 p.m. in the City Council Chambers located in Suite 107E of City Hall, 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004. The proposed modification to the Charter of the City of Milton, Georgia is a modification of the authority regarding municipal property ownership and management to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any real, personal, or mixed property. Copies of the proposed amendment are on file and available for the purposes of examination and inspection by the public with the City Clerk in the City of Milton City Hall and in the Office of the Clerk of Superior Court of Fulton County. Council of the City of Milton, Georgia Section 6.32. - Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Section 1.12. - Municipal powers. (a) [General powers.] This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. This city shall have all the powers of self-government not otherwise prohibited by this Charter or by general law. (b) [Specific, particular powers.] The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (10) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, and employees, establishing procedures for handling ethics complaints, and setting forth penalties for violations of such rules and procedures; (11) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (13) General health, safety, and welfare.To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (16) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city as authorized by Act of the General Assembly; (17) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (18) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (19) Municipal agencies and delegation of power, To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (20) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this Charter or the laws of the State of Georgia; (21) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (22) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (25) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (26) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation[s] and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (27) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (28) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (29) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, spirt, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (30) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (34) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the const; uction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (36) Sewer fees. To levy a fee, charge, or sewer tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose on and collect a sewer connection fee or fees from those connected to the system; (37) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (38) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, pain management clinics, the manufacture, sale, or transportation of intoxicating liquors, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment, and massage parlors; (39) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city; provided, however, that for the purposes of compliance with O.C.G.A. § 48-8-91, the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in O.C.G.A. § 48- 5-352; and (C) For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (41) Taxes (other). To levy and collect such other taxes as may be allowed now or in the future by law; (42) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (43) Urban redevelopment. To organize and operate an urban redevelopment program; and (44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully stated in this Charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (Ord. No. 13-09-183, § 1, 9-4-2013) 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______ A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any of its real, personal, or mixed property, or any interest therein, repeal conflicting laws, and for other purposes; and WHEREAS, those Charter modifications that could only lawfully be undertaken by the General Assembly have already been adopted by the General Assembly, and the modifications reflected herein are those that can be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and 2 Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 1. Section 1.12(b)(21) is amended by striking it in its entirety and replacing it with a new Section 1.12(b)(21) to read as follows: Municipal property ownership. To acquire, dispose of, lease, enter into a contract for valuable consideration for the use, operation, or management of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; Section 2. Section 6.32 is amended by striking it in its entirety and replacing it with a new Section 6.32 to read as follows: Sale and lease of property; contracts for use, operation, or management. (a) The city council may sell and convey, lease, or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law, as well as any abandoned or surplus property. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. 3 SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on December 15, 2014 and January 5, 2015, as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, this 5th day of January, 2015, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) NOTICE OF CONSIDERATION OF CITY CHARTER AMENDMENTS Re: Proposed Amendment to the Charter of the City of Milton, Georgia Notice is hereby given that the Council of the City of Milton, Georgia will consider amendments to Section 1.12(b)(21) and Section 6.32 of the Charter of the City of Milton, pursuant to the Georgia Constitution, Article IX, Sec. II, Par. II and O.C.G.A. § 36-35-1, et seq., at the Council’s regular meetings on December 15, 2014 and January 5, 2015 at 6:00 p.m. in the City Council Chambers located in Suite 107E of City Hall, 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004. The proposed modification to the Charter of the City of Milton, Georgia is a modification of the authority regarding municipal property ownership and management to enable the City to lease or enter into a contract for valuable consideration for the use, operation, or management of any real, personal, or mixed property. Copies of the proposed amendment are on file and available for the purposes of examination and inspection by the public with the City Clerk in the City of Milton City Hall and in the Office of the Clerk of Superior Court of Fulton County. Council of the City of Milton, Georgia 0 HOME OF ' Sf erg` i ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 11, 2014 FROM: City Manager AGENDA ITEM: Approval of a Resolution of the Milton City Council Affirming Its Commitment to Conservation and Green Space Preservation in the City and the Dedication of Certain Funds for Such Uses MEETING DATE: Monday, December 15, 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 9NO CITY ATTORNEY REVIEW REQUIRED: ) YES O NO APPROVAL BY CITY ATTORNEY (jAPPROVED () NOT APPROVED PLACED ON AGENDA FOR. 'Z- t S i 4 REMARKS qylc © 0 You(M PHONE: 678.242.25001 FAX: 678.242.2499 Green ; Certify * Top_IOU „Communityc c, ); infoCcifyofmilfonga.us I www.cityofmiltonga.us iW�«� ® i 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION OF THE MILTON CITY COUNCIL AFFIRMING ITS COMMITMENT TO CONSERVATION AND GREEN SPACE PRESERVATION IN THE CITY AND THE DEDICATION OF CERTAIN FUNDS FOR SUCH USES BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December 15, 2014 at 6:00 p.m. as follows: WHEREAS, the Mayor and City Council of the City of Milton believe that the preservation of green space, open space, and passive amenity areas is a legitimate, necessary and desirable public policy objective that greatly benefits the citizens of the City; and WHEREAS, the Mayor and Council further believe that a commitment to the conservation of natural resources within the City, to include a commitment to direct certain funding toward the acquisition of park land for public use and enjoyment, protects and enhances the public health, safety and welfare; and WHEREAS, the City of Milton does have in effect a Transfer of Development Rights ("TDR") program which allows, among other things, for the development rights from certain City land to be severed from the property and sold to third parties in need of TDR credits; and WHEREAS, it is the belief of the Mayor and Council that the conversion of such development rights into monetary form by way of the TDR program has the practical effect of allowing the City to leverage certain existing park land resources into a means of purchasing additional land that can be dedicated for conservation use; and WHEREAS, in addition, from time to time the City has and will enter into long term leases with private parties for the use of public property for remuneration; and WHEREAS, long term leases shall be any lease longer than five (5) years; and WHEREAS, as with the TDR program, the City believes the funds derived from such long term leases shall be leveraged by the City as a means of acquiring additional public lands for conservation/green space purposes. NOW THEREFORE BE IT RESOLVED AND ORDAINED AS FOLLOWS, that the following shall be the expressed public policy of the City of Milton: That funds received by the City of Milton based upon (1) the sale of TDRs severed from eligible City of Milton public land, or (2) payments received by the City from private parties having short or long term leases on City property, shall be placed in a restricted account and used exclusively by the City to acquire additional land for conservation/green space purposes. Page 2 of 2 BE IT FURTHER RESOLVED that this policy shall be binding upon the Mayor and Council unless the policy is duly modified, but with it further acknowledged that one Council may not bind a future Council in areas of legislative discretion, and therefore this policy will be necessarily constrained by such limitation. RESOLVED this 15th day of December, 2014. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________________ (Seal) Sudie AM Gordon, City Clerk HOME OF M1 LTON-11P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 11, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Cooper Carry, Inc. for the Design of the Milton City Hall Facility MEETING DATE: Monday, December 15, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: tl Z 1S- 1 4 REMARKS 91 _* youln PHONE: 678.242,25001 FAX: 678.242.2499 infoftityofmilionga.us I www.cityofmiltonga.us 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 O NOT APPROVED �Green' * wfed* rope WILPLIFF Community C.'rynr Ethics LBW 17 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on December 11, 2014 for the December 15, 2014 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Cooper Carry, Inc. for the Design of the Milton City Hall Facility ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This contract is to provide professional design services for development of the new Milton City Hall facility. The city issued a Request for Qualifications in July 2014 to identify qualified architectural firms to provide programming, construction documents and construction administration services related to the development of the City Hall. A selection committee made up of representatives from multiple city departments was created to select a qualified firm that met the requirements established in the RFQ. The selection committee evaluated 11 submittals and narrowed that down to a short list of firms that were interviewed by the committee. As a result of this process the committee selected Cooper Carry, Inc. as the most qualified consultant to provide these services to the city. In accordance with the City of Milton Purchasing Policy the selection committee is recommending approval of the Professional Services Agreement with Cooper Carry, Inc. in the amount not to exceed $744,135. Funding and Fiscal Impact: Funding for this project is available in the capital improvement budget for the development of city hall. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (11-3-14) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Professional Services Agreement AGREEMENT FOR ARCHITECTURAL SERVICES MILTON CITY HALL FACILITY This Agreement for Architect Services (the "Agreement") is made and entered into this day of , 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the "City"), and Cooper Carry, Inc. (hereinafter referred to as the "Architect"). WITNESSETH: WHEREAS, the City issued a Request for Qualifications (14-PW11) issued July 28, 2014, to solicit qualified firms for the design of the City Hall facility; and WHEREAS, the City has indicated the intent to procure design and construction management services for this project utilizing the CM@Risk with multiple component packages methodology; and WHEREAS, based upon ARCHITECT'S qualifications and subsequent proposal to provide this type of Architectural Services, dated the City selected ARCHITECT to provide such services; and WHEREAS, ARCHITECT has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and ARCHITECT, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: (a) This Agreement; (b) Request for Qualifications, attached hereto as Exhibit "A", (c) Scope of Work, attached hereto as Exhibit "B" MI LTO N "t' ESCABLISI IED 2006 AGREEMENT FOR ARCHITECTURAL SERVICES MILTON CITY HALL FACILITY This Agreement for Architect Services (the "Agreement") is made and entered into this day of , 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the "City"), and Cooper Carry, Inc. (hereinafter referred to as the "Architect"). WITNESSETH: WHEREAS, the City issued a Request for Qualifications (14-PW11) issued July 28, 2014, to solicit qualified firms for the design of the City Hall facility; and WHEREAS, the City has indicated the intent to procure design and construction management services for this project utilizing the CM@Risk with multiple component packages methodology; and WHEREAS, based upon ARCHITECT'S qualifications and subsequent proposal to provide this type of Architectural Services, dated the City selected ARCHITECT to provide such services; and WHEREAS, ARCHITECT has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and ARCHITECT, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: (a) This Agreement; (b) Request for Qualifications, attached hereto as Exhibit "A", (c) Scope of Work, attached hereto as Exhibit "B" (d) Architect's Proposal, attached hereto as Exhibit `B.1 "; (e) Professional Liability and other Insurance Binders as required by this Agreement and Exhibit "C"; (f) Contractor Affidavit and Agreement, attached hereto as Exhibit "D"; (g) Subcontractor Affidavit, attached hereto as Exhibit "E"; (h) The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents; and (i) Milton City Code of Ethics. In the event of any conflict among the terms of the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 1.1. Definitions Unless specifically defined herein, terms used in this Contract and its General Requirements shall have the same meaning as in common usage and defined in a standard dictionary. Other Defined Terms. Terms defined in other documents associated with this Project, including the Program, the Contract Documents and the CM/GC General Requirements, and CM/GC Supplementary General Requirements, and any program management contract for the management of this Project, shall have the same meaning in this Contract unless such meaning is in conflict with the meaning defined herein. Defined Terms. (a) Design Coordination Meetings. A meeting between the ARCHITECT or ARCHITECT's consultant and the City, inclusive of all travel time, professional time, documentation time, travel expenses, meals, lodging, and incidental expenses, during the performance of basic design services, to review the design for validation, for constructability and for value engineering. Meetings shall be accounted in half-day increments (i.e., 0 to 4 hours expended in a single day equal one-half meeting; 4 to 8 hours equal one meeting). (b) Ordinary Negligence. The failure of the ARCHITECT or the ARCHITECT'S consultant to exercise the standard of care as defined herein. (c) Preliminary Design and Construction Schedule. A schedule indicating proposed activity sequences and durations, major milestone dates for receipt and approval of pertinent information and for production of the schematic design development, 2 construction drawings, and proposal documents, as well as estimated time required for construction. It includes the City's occupancy requirements showing portions of the Project (and the Phases thereof if any) having occupancy priority, and proposed date(s) of Material Completion and Final Completion. The Preliminary Design and Construction Schedule shall be in simplified critical path method format as might be appropriate for the Project, and shall be in such detail as City reasonably requires. (d) Program. The written and graphical definition of the Project's space requirements provided by the City to the ARCHITECT. The Program is provided to the ARCHITECT together with other relevant predesign information, including the purposes and requirements of the Project for the purpose of creating the design and issuing the Construction Documents. (e) Site Visit. A visit to the Site for performance of construction contract administration by the ARCHITECT or consultant, inclusive of all travel time, professional time, documentation time, travel expenses, meals, lodging, and incidental expenses. One site visit shall require a minimum of 4 hours. Site Visits may be accounted in half-day increments (i.e., less than 4 hours expended in a single day equal one-half visit;). (f) Standard of Care. That degree of care, learning, skill, and ability which is ordinarily possessed by other members of the respective professions under similar conditions and like circumstances. (g) GMP Cost Limitation. The amount stipulated in the ARCHITECT Contract as the maximum sum to be specified in the CM/GC Construction Agreement for the construction of the Project prior to execution of the GMP Change Order. The GMP Cost Limitation does not include the cost of fixtures, furniture, or equipment unless expressly stated in the Program. Fixtures, furniture, or equipment not included in the Program may be added as a design requirement and included in the GMP Cost Limitation by an amendment to this Contract. GMP Cost Limitation does not include design costs, Owner contingency, or Site acquisition costs. (h) CM/GC Supplementary General Requirements. The portion of the Construction Documents dealing with specific requirements of the construction process that are unique to the Project and shall be drafted by the ARCHITECT based on specimens provided by the City. Section 2. The Work (a) ARCHITECT shall provide architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for the design of the City Hall Facility (hereinafter referred to as the "Project"). The architectural services provided by ARCHITECT pursuant to this Agreement shall include, but are not 3 necessarily limited to, preparation of plans, studies, permit applications, specifications, sketches, cost projections, reports, presentations, assessments, administration of the Construction Contract, etc., as specified and/or required by the City. Such work is further defined in Exhibit "A" and Exhibit "B". (b) The ARCHITECT agrees that all drawings and specifications for professional design services shall be performed by registered professionals in its own organization, or under the supervision of such professionals, or the ARCHITECT agrees to employ without additional cost the City, the services of registered professionals regularly engaged in delivering such professional services. Construction Documents so prepared shall bear the stamp of a responsible, registered professional licensed in the State of Georgia. (c) The ARCHITECT agrees to incorporate all of the material provisions of this Contract into each Consultant Contract, and that failure to accomplish such incorporation by an express provision in each Consultant Contract is a breach of an essential covenant of this Contract. In the event of such breach the ARCHITECT shall, within five (5) calendar days after demand of the City, furnish proof in writing that the deficiency has been remedied to the end that no subcontractor or consultant may maintain that he has not assumed toward the ARCHITECT all the obligations and responsibilities that the ARCHITECT has assumed toward the City. (d) The ARCHITECT shall coordinate all the services of all design consultants for the Project, including coordinating its services as required with consultants retained by the City. The City shall require a reciprocal coordination clause in each of its separate consultant contracts. (e) It is the City's expectation that the ARCHITECT, the City, City -retained consultants, any Separate Contractors and the CM/GC shall work as a project team to effect the commencement of and completion of construction in accordance with the Contract Documents. By its various contracts with the other parties, the City will require that each team member communicate with all other team members to encourage and facilitate overall coordination, cooperation and efficiency, and cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. The CM/GC, in consultation with the other team members, shall schedule regular meetings of the key principals of the project team in an effort to solve problems in a partnering atmosphere to facilitate the ability of each team member to meet its business objectives, so long as consistent with the successful completion of the Project, in real time. The ARCHITECT shall not be required to attend such partnering meetings more than twice per month. It is the City's intent that all consensus decisions of the team, where differing from the Contract Documents, be reduced to writing in an appropriate Change Order or amendment or modification. (f) The ARCHITECT recognizes and agrees that he will design this project such that 4 the initial Guaranteed Maximum Price will not exceed the GMP Cost Limitation. If the GMP Cost Limitation is exceeded by the CM/GC's proposed GMP, the City may: i. Approve an increase in the GMP Cost Limitation; or ii. Require the ARCHITECT, without additional compensation, to revise the Construction Documents to reduce the Cost of the Work to the original GMP Cost Limitation, with the City reducing the CM/GC non - construction services to reduce the GMP to the GMP Cost Limitation; provided, however, said revisions will be performed at no additional cost to the City only to the extent that the original GMP Cost Limitation is exceeded because the ARCHITECT varied from the design intent of the approved Schematic Design Documents. If the CM/GC's proposed GMP is more than 5% but not less than $200,000 below the GMP Cost Limitation, and if the ARCHITECT reduced components of the design of the Project to bring the probable cost of construction within the GMP Cost Limitation, then the City may require the ARCHITECT, without additional compensation, to revise the Construction Documents to restore such components of the design that were omitted, but without exceeding the GMP Cost Limitation. Such components of the design will be implemented by Change Order. After the CM/GC Contract has been awarded, if additional funding is obtained to increase the GMP Cost Limitation and components reduced or eliminated during design are desired to be reinstated, the ARCHITECT will be entitled to the same compensation as is provided for Change Orders not the fault of the ARCHITECT. (g) 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 ARCHITECT 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 ARCHITECT shall proceed with the changed work on an hourly basis with a not to exceed amount. (h) 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 ARCHITECT. 5 (i) The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. (j) Notwithstanding any other provision in this Contract to the contrary, the ARCHITECT shall receive no fee for Change Orders caused by the ARCHITECT'S failure to comply with the Standard of Care. Section 3. Term ARCHITECT and City agree that the term of the Project is through the timely completion of the construction of the Project and applicable warranty periods. The term of this Agreement shall commence upon the issuance of the Notice to Proceed from 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 ARCHITECT at least thirty (30) days prior to December 31, 2014, shall automatically renew on January 1, 2015 and on January 1 of each year thereafter or until the completion of the terms of this agreement. The City may terminate this Agreement upon a breach of any provision of this Agreement by ARCHITECT and ARCHITECT's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain with the ARCHITECT until fully paid by the City. Section 4. Architectural Rate ARCHITECT shall provide services based on the Proposal attached hereto as Exhibit "B". Reimbursables shall be billed at the direct rate; no mark-up or administrative fees will be paid by the City. Mileage shall be billed at a rate no greater than the standard IRS mileage rate. Section 5. Expertise of Professional Services Consultant ARCHITECT 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 a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken by ARCHITECT pursuant to this Agreement. By executing this Agreement, ARCHITECT represents to the City that ARCHITECT is professionally qualified to act as ARCHITECT for the Project and is licensed to practice architecture by all public entities having jurisdiction over ARCHITECT and the Project. ARCHITECT assumes full responsibility to the City for the improper acts and omissions of its consultants or others employed or retained by ARCHITECT 6 in connection with the Project. Section 6. Additional Responsibilities of ARCHITECT (a) The ARCHITECT shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary plans, completion of work drawings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by ARCHITECT constitutes a representation that ARCHITECT has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing facility or structure, ARCHITECT shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. (b) ARCHITECT shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. ARCHITECT agrees to adhere to work plans and schedules as agreed to in writing between ARCHITECT and the City (the "Schedule"), which Schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both ARCHITECT and the City. (i) If the completion of the project is delayed by reason of Ordinary Negligence on the part of the ARCHITECT, the ARCHITECT shall be responsible to the City for all reasonable additional costs, expenses, liabilities, or damages resulting from such delay. In addition, the ARCHITECT shall provide accelerated services at its own expense to make up for time lost because of such delay. (ii) If the ARCHITECT is delayed in performance of its services by any act or omission of the City, or by its consultants or agents, or by change orders by the City, then the ARCHITECT may request an adjustment of the project schedule. (c) ARCHITECT agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. ARCHITECT shall take no calculated risk in the design of the Project. Specifically, ARCHITECT agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event ARCHITECT is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an 7 amount that is in excess of the budgetary limitations established by the City, ARCHITECT will give written notice immediately to the City. ARCHITECT agrees that, in the absence of an amendment to this Agreement in writing, ARCHITECT will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. (d) ARCHITECT acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for ARCHITECT's services performed under this Agreement. ARCHITECT acknowledges and agrees that the acceptance of plans and specifications 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 or engineering. ARCHITECT further agrees that no approval of plans and specifications by any person, body or agency shall relieve ARCHITECT of the responsibility for adequacy, fitness, suitability, and correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. (e) ARCHITECT acknowledges that it may receive confidential information of the City. ARCHITECT agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to ARCHITECT. ARCHITECT shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. (f) ARCHITECT agrees that it shall not engage in any activity or conduct that would be in violation of the Milton City Code of Ethics. (g) ARCHITECT must have timely information and input from the City in order to perform the services required under this Agreement. ARCHITECT is entitled to rely upon information provided by the City, but shall be required to provide immediate written notice to the City if ARCHITECT knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. (h) ARCHITECT specifically acknowledges that TIME IS OF THE ESSENCE for the implementation of the Project and the performance of its obligations hereunder. ARCHITECT specifically agrees to adhere to the priorities established by the City with regard to the Project from time to time. (i) shall be authorized to act on ARCHITECT'S behalf with respect to the Project as ARCHITECT'S designated representative. 8 (j) ARCHITECT agrees that it shall be in compliance with all applicable local, state, and federal regulations during the performance of this Agreement. (k) ARCHITECT agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. (1) ARCHITECT shall administer all construction contracts related to the Project as directed by the City pursuant to Section 6.1 below and consistent with any construction contracts entered into by the City and related to the Project. (m) In the event ARCHITECT acquires knowledge of any asbestos located in the Project, it shall immediately notify the City in writing. Absent a failure to comply with this notice requirement, ARCHITECT shall have no liability or responsibility to the City for asbestos, or the removal or treatment of same, unless otherwise agreed in writing. (n) The ARCHITECT shall coordinate its design and administrative duties with the CM/GC as a team with the following objectives and responsibilities: During Pre -construction: • Design review for validation, • Design review for constructability, • Design review for value engineering. During Design and Construction: • As needed, design review for constructability and value engineering, • Assist the CM/GC's development of a cost tracking methodology to advise all parties during design activities if the expected or projected costs may exceed the GMP Cost Limitation, and that provides realistic suggestions to regain balance between cost and scope, • Assist the CM/GC's development of a cost tracking methodology to compare estimated costs with real time actual costs, • Document all cost related decisions and their rationale and provide the City with this record in a bound volume upon completion of the Project, • Development and coordinate the issuance of construction documents for construction packages to implement Component Change Orders for the components identified in the Contract or directed by the City, • Review and coordinate the issuance of Component Change Orders, • Review and coordinate the issuance of the GMP Change Order, • Review and coordinate the issuance of the Lump Sum Change Order, if requested by the City. Section 6.1. Contract Administration (a) The ARCHITECT shall provide administration of the Construction Contract as set forth below and shall perform those duties and discharge those responsibilities set forth herein and in the contract to be executed by and between the City and a contractor ("the Construction Contract"). (b) The ARCHITECT shall represent the City during construction. Instructions and other appropriate communications from the City to the Contractor shall be communicated through the ARCHITECT unless the City determines otherwise. The ARCHITECT shall act on behalf of the City only to the extent provided herein and in the Construction Contract. (c) The ARCHITECT shall observe the work of the contractor as set forth in Exhibit B.I. If, however, in the opinion of the ARCHITECT, observations more frequently than as set forth in Exhibit B.I are required to protect the City's interest, the ARCHITECT shall so notify the City in writing, and the City may elect to require the ARCHITECT to make more frequent Project observations, and unless such observations are otherwise required by this Agreement, the ARCHITECT shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the observations required by this Paragraph are in addition to any and all other observations which may be required elsewhere in this Agreement. The purpose of the observations required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such observations, the ARCHITECT shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the contractor. Following each such site visit the ARCHITECT shall submit a written report, in a format approved by the City, of such observations, together with any appropriate comments or recommendations, to the City. (d) The ARCHITECT shall at all times have access to the Work wherever it is located. (e) The ARCHITECT shall determine amounts owed to the contractor based upon observations of the Work, evaluations of the contractor's rate of progress and upon evaluations of the contractor's applications for payment, and shall issue certificates for payment to the City in such amounts. (f) The issuance of a certificate for payment shall constitute a representation by the ARCHITECT to the City that the ARCHITECT has made an observation of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the ARCHITECT, the contractor is entitled to payment of the amount certified. (g) The ARCHITECT shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The ARCHITECT shall render written or graphic interpretations 10 necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. (h) The ARCHITECT's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract, unless notified by the CITY, in writing, to the contrary. (i) The ARCHITECT shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the ARCHITECT's opinion, it is necessary or advisable, the ARCHITECT shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. (j} The ARCHITECT shall review and approve, or take other appropriate action upon, the contractor's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the ARCHITECT of the contractor's submittal shall constitute the ARCHITECT's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor or the Proj ect. (k) The ARCHITECT shall review and advise the City concerning proposals and requests for change orders from the Contractor, including the reasonableness and accuracy of the proposed cost of same. The ARCHITECT shall prepare change orders for the City's approval and execution in accordance with the Construction Contract. (1) The ARCHITECT shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the contractor, and shall, when appropriate, issue a final certificate for payment. (m) The ARCHITECT shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the ARCHITECT's work product. (n) The ARCHITECT shall indemnify and hold harmless the City from and against all liability, claims, losses, costs and expenses arising out of, or resulting from, any negligent performance of professional services of the ARCHITECT or from the ARCHITECT's breach of any term or condition of this Agreement. Section 7. Responsibilities of the City (a) The City shall provide information as reasonably requested by ARCHITECT (unless the provision of such information is within the duties required by 11 ARCHITECT under this Agreement), in a prompt manner so as to assist ARCHITECT in achieving compliance with the Schedule. (b) The Public Works Director shall be authorized to act on the City's behalf with respect to the Project as the City's designated representative. The Public Works Director shall render decisions and respond to ARCHITECT in a timely manner so as to assist ARCHITECT in achieving compliance with the Schedule. (c) In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and plans provided by ARCHITECT, the City shall provide timely notice in writing to ARCHITECT advising ARCHITECT of same. Section 8. Method of Compensation; Time of Payment. ARCHITECT'S total compensation to be paid for all services rendered and costs incurred by ARCHITECT in completion of such services pursuant to this Agreement shall not exceed the City's overall budget for the Project for which such services are performed by ARCHITECT. City will compensate the ARCHITECT on an hourly rate, not to exceed, basis in the following phases: Pre Design/Schematic Design/Contractor Procurement $ 73,925 Design Development $ 123,209 Construction Documents/Permitting $ 197,134 Special Consultants (As defined in Exhibit B) $ 206,300 Construction Administration $ 98,567 Reimbursible Expenses $ 45,000 Total Compensation (not to exceed) $ 744,135 During the performance of said services, monthly payments shall be made by the City to ARCHITECT. On or about fifteen (15) days after the close of each calendar month during the performance of services pursuant to this Agreement, ARCHITECT shall submit to the City a statement in a form acceptable to the City and accompanied by appropriate supporting documentation demonstrating the services that were completed during such calendar month for the Project, and the compensation that is due for the same. The City shall review the statement and approve it with such modifications as are consistent with this Agreement. In the event that the City becomes credibly informed that any representations of the ARCHITECT regarding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the ARCHITECT until the inaccuracy, and the cause thereof, is corrected to the City's reasonable satisfaction. The City shall pay each such statement as approved within thirty (30) days after approval of the invoice by City staff, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by ARCHITECT to the point indicated by ARCHITECT on such statement or of receipt of acceptance by the City of the services enumerated in such statement. Within thirty (30) days of receipt of each payment from the City, ARCHITECT shall promptly pay all fees 12 owed to subconsultants and provide the City with written certification of same on a monthly basis. No payments will be made for unauthorized work. Payments will not be hand delivered. Section 9. Work Product Ownership. The City shall be the absolute and unqualified owner of all preliminary arrangements, work product, analysis, agreements, cost estimates, plans, or other documents prepared pursuant to this Agreement with the same force and effect as if the City had prepared same provided that all undisputed amounts due and owing to ARCHITECT have been paid by the City to ARCHITECT. ARCHITECT agrees to deliver to the City, upon request, all such information and work product. ARCHITECT may retain copies of such documents and information for use in the normal course of its business. The City, to the extent if any allowed by law, shall hold harmless the ARCHITECT from any unauthorized use or misuse of these instruments of service. Section 10. Independent Contractor. ARCHITECT will be an independent contractor under this Agreement, and will assume all rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Any provisions of this Agreement that may appear to give the City the right to direct ARCHITECT as to the details of the services to be performed by ARCHITECT herein or to exercise a measure of control over such services will be deemed to mean that ARCHITECT shall follow the directions of the City with regard to the results of such services only. Section 11. Subconsultants; Successors and Assigns. ARCHITECT shall not subcontract with any third party for the performance of any portion of the Services without the prior written approval of the City. ARCHITECT shall be solely responsible for compensating any subconsultant it desires to retain. ARCHITECT shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject to the provisions of the immediately preceding sentence, the City and ARCHITECT, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Section 12. Termination, Suspension of Agreement. (a) The City or ARCHITECT may terminate this Agreement for convenience at any time by giving at least thirty (30) days prior written notice to the other party. If this Agreement is terminated, the ARCHITECT shall be compensated for work actually performed at the agreed -to rates as covered in Section 4 of this Agreement, provided work product actually completed as of termination is delivered to City. Notice of Termination shall be given by the terminating party to the other party as addressed in Section 15(e) of this Agreement. The effective date of termination shall be thirty (30) days after the date of receipt of notice. 13 (b) The City may terminate this Agreement for cause if ARCHITECT breaches any material provision of this Agreement. The City shall give ARCHITECT at least seven (7) days prior written notice of its intent to terminate the Agreement and the reasons therefore, and, if ARCHITECT fails to cure the default within that period, the termination shall take place without further notice. In the event of a termination for cause, ARCHITECT shall not be entitled to further payment until the work required under this Agreement on any Project that is active and ongoing at the time of such termination is completed by others. If the cost of completing the work required under this Agreement, combined with previous payments to ARCHITECT, exceed the overall budget for the particular Project assigned to ARCHITECT in accordance with this Agreement, ARCHITECT shall pay the difference to the City. (c) If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section 12(a). (d) The City may, without cause, order ARCHITECT, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (30) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due ARCHITECT as a result of such suspension or suspensions. Otherwise, ARCHITECT shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from ARCHITECT's wrongful act or omission. Section 13. Venue, Jurisdiction of Disputes. Any dispute between the parties shall be subject to venue and jurisdiction in the Superior Court of Fulton County, Georgia. Section 14. Indemnification and Insurance. ARCHITECT shall indemnify and hold harmless the City, its officers, boards, commissions, elected 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, result from willful, negligent or tortious conduct and/or omission arising out of performance of professional services by the ARCHITECT, any subconsultant, anyone directly or indirectly employed by the ARCHITECT or subconsultant or anyone for whose willful, negligent or tortious acts the ARCHITECT or subconsultant may be legally liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. In the event such claims, suits, actions, liabilities, judgments, damages, losses or expenses are caused by the joint or concurrent negligence of any party or person described in this provision and the ARCHITECT, they shall be borne by each party in proportion to its negligence. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of 14 indemnity which would otherwise exist as to any party or person described in this provision. In any and all such claims against the City or any of its agents or employees, by any employee of the ARCHITECT, any subconsultant, anyone directly or indirectly employed by the ARCHITECT or subconsultant or anyone for whose acts the ARCHITECT or subconsultant 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 ARCHITECT or any subconsultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Throughout the term of this Agreement, ARCHITECT and all of its subconsultants shall maintain insurance as outlined in Exhibit "C," attached hereto and incorporated herein by reference. ARCHITECT and all subconsultants shall provide the City with certificates of insurance and endorsements as required. All required insurance policies shall provide that the City is an additional insured and that the policies shall not be canceled without ten (10) days prior written notice as prescribed in Section 15(e), or at such other address as may be provided by the City in the future. Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to this Section 14 of this Agreement. Section 15. Miscellaneous. (a) Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. (b) Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. (c) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (d) Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. (e) Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given 15 below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City Manager's Office Attn: Chris Lagerbloom 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 With a copy to (copy shall not constitute notice to the CITY): Director of Public Works Attn: Carter Lucas, PE 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 NOTICE TO ARCHITECT shall be sent to: Cooper Carry, Inc. Attention: M. Sean McLendon, AIA 191 Peachtree Street NE Suite 2400 Atlanta, Georgia 30303 (f) Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. (g) Force Majeure. Neither the City nor ARCHITECT shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of ARCHITECT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. (h) Headings. All headings herein are inserted only for convenience and ease of 16 reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (i) No Third -Party Beneficiaries. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third parry. Section 16. E -Verify. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the ARCHITECT 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 ARCHITECT'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 ARCHITECT 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 ARCHITECT 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, ARCHITECT 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 ARCHITECT employs or contracts with any subcontractor(s) in connection with the covered contract, the ARCHITECT 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, ARCHITECT agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where ARCHITECT 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 ARCHITECT's and ARCHITECT's subcontractors' verification process at any time to 17 determine that the verification was correct and complete. The ARCHITECT and ARCHITECT'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 ARCHITECT 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 ARCHITECT or ARCHITECT's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the ARCHITECT and ARCHITECT'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 ARCHITECT or ARCHITECT'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 ARCHITECT's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the ARCHITECT shall be liable for all damages and delays occasioned by the City thereby. ARCHITECT agrees that the employee -number category designated below is applicable to the ARCHITECT. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. X_ 100 or more employees. Fewer than 100 employees. ARCHITECT hereby agrees that, in the event ARCHITECT 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 ARCHITECT 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. Section 17. 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 ARCHITECT agrees that, during performance of this Agreement, ARCHITECT, 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, ARCHITECT agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 17 in every subcontract for services contemplated under this Agreement. 18 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. [SIGNATURES ON THE FOLLOWING PAGE] 19 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. Cooper Carry, Inc. Print Name Its: [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of. Witness Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT "A" REQUEST FOR QUALIFICATIONS HOME OF ' M1 ON ESTABLISHED 2006 CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: RFQ Title: 14-PWIl Architectural Services for the Milton City Hall Due Date and Time: Public Works Department August 21, 2014 Number of Pages: 39 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: July 28, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107F Website: www.citvofmiltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: Consultant Phone Number: RFQ Number: 14-PWIl City of Milton Name of Company or Firm Attn: Rick Pearce, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107F August 8, 2014 Milton, Ga. 30004 Email questions to Rick Pearce at rick.uearce(i�cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFQ RESPONSE ©'*Yaulm-. *** nn G ree n 9 # Cenified ; PHONE: 678.242.25001 FAX: 678.242.2499 ■N■a Commun�t 1 City of 1 infoC�cityofmiltonga.us www.cityofmlltonga.us y ,y Ethics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERT f�Eo BRONZE a��BLLL 2 14 TABLE OF CONTENTS Consultant's RFQ Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFQ Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract 3 1 1 1`0 !:t_I`k,\/, CONSULTANT'S RFQ CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFQ 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 RFQ and is an excellent source of information for any questions you may have. 3. Attend the pre -qualifications 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 RFQ. 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 RFQ. All addenda issued for an RFQ 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 RFQ. 5. Follow the format required in the RFQ 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 RFQ addenda. Before submitting your response, check the DOAS website at http://ssl.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 RFQ. If so, you must submit a signed cover sheet for each addendum issued along with your RFQ response. 9. Review and read the RFQ 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 Consultant's Response. 4 1 RFC? 14 -PW 1 1 HOME OF ' MILTONI ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH QUALIFICATIONS 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 RFQ package when it is submitted. Name of Consultant 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 1 RFQ 14 -PW 1 1 HOME OF ' M I LTON ESTABLISHED 2006 SCHEDULE OF EVENTS Task Date Issue RFQ July 28, 2014 Deadline for Questions August 8, 2014 Answers Posted by the City (Addendum) August 13, 2014 Qualifications Due August 21, 2014 @ 2:00 PM Interview Firms (if necessary) September 8-12, 2014 Award Contract October 20, 2014 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE WAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 6 1 I'I-C) 1--t-pvv I I SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting Statements of Qualifications (SOQ) from qualified consultants to provide architectural design and construction administration services for the new Milton City Hall. All Consultants must comply with all general and special requirements of the RFQ information and instructions enclosed herein. The City intends to select a single consultant team to provide all of the required services through the Qualification Based Selection process. The selected firm will be expected to provide services in accordance with the project schedule established by the City of Milton. 1.1 SINGLE POINT OF CONTACT From the date this Request for Qualifications (RFQ) is issued until a consultant is selected, consultants 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 consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Rick Pearce Address: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2511 E-mail Address: rick.pearce@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFQ. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ 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 RFQ. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFQ must submit their questions in writing via email to the procurement office referenced above on or before 5 PM on August 8, 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 August 13, 2014. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFQ at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign and return any addendum with their RFQ response. 7 1 'rT(,) I-1-PV,/11 D. Standard Contract. By submitting a response to this RFQ, consultant 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 consultant's RFQ response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant's ability to respond to the RFQ or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant 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 RFQ and will apply to all consultants submitting a response to this RFQ. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant's RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING QUALIFICATIONS Consultants must organize their qualifications into sections that follow the following format. For the purposes of the RFQ, the term "company" shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. The term "consultant" shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime "company" and "consultants". A. Submittal Requirements. Qualifications shall include the following: 1. City of Milton request for qualification cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Qualifications shall be: a. Maximum of twenty 30 single sided pages (ten pages if double -sided) b. Minimum of 11 point font c. Stapled or spiral -bound. No binders 4. And shall contain the following minimum information: a. Cover letter - introductory remarks and qualification summary - no longer than two pages. b. Project Staffing i. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. Please also list the number of states in which the company has performed similar design projects. ii. Information about the overall makeup of the project team, including: the identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with similar design projects. Identify any previous projects on which members of the proposed design team have worked together. iii. Should the firm be selected to participate in an interview, the Company's designated project manager must be present to present the firm's qualifications and take the lead in answering questions. iv. Information about any consultants to be included on the team. Identify consultant company name, address, telephone number, contact person, names and job descriptions of key personnel. Identify consultants experience with city hall and municipal design projects. c. Qualifications of the Design Team i. Company's experience as prime designer on a project team. ii. Summary of at least five (5) similar projects for which the Company was responsible within the past five (5) years. Each of the project summaries should include the following: 1) Description of the facility, including: size, functions housed, construction cost and year completed, 2) Pictures of finished facility, 3) Design start and completion dates, 4) Construction start and completion dates, 5) Degree of involvement (principals or consultant), 6) Project references including names, addresses, and telephone numbers. iii. Proposed design approach by company for this project. The City desires to procure an architectural firm with extensive city hall design experience. Please describe how the company's perspective on city hall design will be incorporated into the project approach. This should include how the firm will maintain open communications with necessary city staff to include the City Manager, department heads, Information Technology Director, and others. iv. Past experience with LEED certified projects. Include the Company's or Consultant's role in the project and the level of certification achieved. d. Project Delivery i. Current company workload and ability to perform work for this project. ii. The City will review design start and completion dates and construction start and completion dates provided in the project summaries to fulfill this requirement. e. Miscellaneous i. Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. ii. Provide the billing rates or range for each classification of key staff members, including sub -consultants. iii. Additional information the respondent believes to be relevant to the selection efforts of the City. B. Failure to Comply with Instructions. Consultants 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 qualifications that do not follow this RFQ format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Qualifications. One original and four (4) copies of each submittal (plus a CD) should be provided to the City. Qualifications must be received at the receptionist's desk in Suite 107F prior to 2:00 PM, local time, August 21, 2014. Emailed responses to requests for qualifications are not acceptable. Qualifications will be opened at approximately 2:05 pm and names of consultants will be announced. D. Late Qualifications. Regardless of cause, late Qualifications will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late Qualifications will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 10 1 1.5 CONSULTANT'S CERTIFICATION A. Understanding; of Specifications and Requirements. By submitting a response to this RFQ, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.6 COST OF PREPARING QUALIFICATIONS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the qualification as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their qualifications. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFQ 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 consultant resulting from this RFQ process. SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. 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 QUALIFICATIONS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFQ, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications 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 consultant; and (4) other constitutional protections. B. Procurement Officer Review of Qualifications. Upon opening the submittals received in response to this RFQ, the procurement office will review the qualifications 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 submittal. 2. An affidavit from a consultant's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal 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. Consultants 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 QUALIFICATIONS A. Initial Classification of Qualifications as Responsive or Nonresponsive Qualifications may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; 12 the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFQ; or the qualification is not within the specifications described and required in the RFQ. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant 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 Qualifications. The evaluation committee will evaluate the remaining qualifications and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive qualifications 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 RFQ responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Qualifications. Selection and award will be based on the consultant's qualifications and other items outlined in this RFQ. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discus sion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all qualifications and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFQ response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant's expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. 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 consultant 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. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant 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 consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant 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 RFQ, issuance of the RFQ 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. Modify, cancel or terminate this RFQ, 2. Reject any or all qualifications received in response to this RFQ, 3. Select a design team without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss an RFQ submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. 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 RFQ 14 -PW 1 1 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION Mid ale school ��1Uri°yo C,.b.ppl• 372 C- -9 El—, SCH MCFarlin Ln �a a a � PROJECT - LOCATION Uranyan T1 u x u !' 3 Alpharetta 0 :. cr,naps.l. Rd c` pr 01 aC i �rk1n`H o oc` x North Way o _ Mll}on OUohr°dO `c Y , 4ea Ct n 3 s � MCC... Ln Mia BroadWeh TrCo V 3.1 GENERAL The City of Milton is proposing to develop a new city hall building on a 2.47 acre tract in the Crabapple area of Milton. The city must occupy the facility by January 2017. The selected consultant must be able to demonstrate the ability to meet this project schedule. The facility will consist of a single three-story building that will house the administrative functions, an attached single story building that will serve as the council chambers and a detached single story building that will serve as community building. Infrastructure improvements will include parking, utilities, water quality, a public plaza and landscape improvements. The city currently intends to design the primary underground stormwater detention facilities under a separate contract. The city anticipates the project delivery method to be a CM @ Risk format with an estimated project budget of $8,000,000. The City may consider the use of LEED standards during the design process, and the consultant will be asked to make recommendations and to provide cost differentials for consideration and approval. Energy modeling will be required for the buildings. 15 1 3.2 SCOPE OF SERVICES 1. It shall be the consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed project must comply with all applicable local, state, and federal environmental laws and regulations. 2. The selected consultant shall assist the city the selection of contractor. This may include, but not be limited to, the development of bid or proposal documents. 3. The City intends to provide the programming and conceptual elevations and floor planning to the selected consultant. The consultant will be expected to work with staff to develop the full construction documentation in support of the conceptual plans and program. 4. The Scope of Services may include, but are not limited to, the following: a. Site adequacy confirmation based on previously developed site plan, b. Confirmation of floor plans and operational features, c. Schematic design development, including structural elevations and landscape design, d. Preparation of construction documents and specifications utilizing BIM, including necessary civil, landscape, irrigation and site lighting plans. e. Development of detailed project schedules and cost estimates, f. Assistance during bidding and construction, g. Construction monitoring and support, h. Shop drawing review and approval, i. Coordination and preparation of change orders, j. Project meeting coordination and minutes preparation, k. Minimum of one (1) meeting on site per week during construction phase, 1. Internal and regulatory agency project approval coordination. It is anticipated that Sub -consultants may be needed for: • Electrical Engineering, • Mechanical Engineering, • Structural Engineering, • On and/or Off Site Utility Services, • Fire Protection Engineering, • Physical Facility Security Engineering, • Landscape/Irrigation Design, • Civil Site Design, • IT and Audio Visual Design, • Interior Design, • Consultant shall identify during contract negotiations any other sub- consultants that may be necessary or prudent for the city to consider in the development of the construction documents. SECTION 4: CONSULTANT QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFQ should be able to demonstrate experience in the areas described in Section 3. 181'1 _>1 11 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the qualifications according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. Submittal Evaluation Criteria Project Staffing 30 pts • Education and experience of the assigned staff • Key personnel's level of involvement • Quality and experience of consultant and subconsultants • Proximity and availability of key personnel Qualifications of the Design Team 30 pts • Organization strength and stability • Experience and technical competence on similar projects • Previous experience as a design team • Proximity and availability of key personnel Project Delivery 25 pts • Quality of final work product • Flexibility of the consultant to operate successfully within various work environments • 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. • Previous experience with City of Milton projects SECTION 6: STANDARD CONTRACT INFORMATION 6.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFQ. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant's RFQ 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 consultant at the time of contract negotiation. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFQ and any addenda, the consultant's RFQ 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 consultant. 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. 6.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any subconsultants. All subconsultants, if any, must be listed in the qualifications. The City reserves the right to approve all subconsultants. The Consultant shall be responsible to the City for the acts and omissions of all subconsultants or agents and of persons directly or indirectly employed by such subconsultants, 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 RFQ shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 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. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 6.5 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 subconsulting by the Consultant subjects subconsultants 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. 6.6 CONTRACT TERMINATION See sample contract. 21 1 RFQ 14 -PW 1 1 SAMPLE AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement for Architectural Services (the "Agreement") is made and entered into this day of , 20 , by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the "City"), and (hereinafter referred to as the "Architect"). WITNESSETH: WHEREAS, the City issued a Request for Proposals (RFP ) dated , 201_, to solicit proposals for ; and WHEREAS, based upon ARCHITECT'S proposal to provide Architectural Services, dated , the City selected ARCHITECT to provide such services; and WHEREAS, ARCHITECT has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and ARCHITECT, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: (a) This Agreement; (b) Request for Proposals RFP , attached hereto as Exhibit "A"; (c) Architect's Proposal, attached hereto as Exhibit "B"; (d) 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; and (e) Milton City Code of Ethics. In the event of any conflict among the terms of the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. 22 1 RFQ 14 -PW 1 1 Section 2. The Work ARCHITECT shall provide architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for (hereinafter referred to as the "Project"). The architectural services provided by ARCHITECT pursuant to this Agreement shall include, but are not necessarily limited to, preparation of plans, studies, permit applications, specifications, sketches, cost projections, reports, presentations, assessments, project construction coordination and oversight, etc., as specified and/or required by the City. Section 3. Term ARCHITECT and City agree that the term of the Project is through the timely completion of the construction of the Project and applicable warranty periods. If the Term of this Agreement is longer than one year, 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 at the end of the City's fiscal year each year of the Term, and further, that this Agreement shall automatically renew on the first day of each subsequent City fiscal year of the Term. absent the City's provision of written notice of non -renewal to ARCHITECT at least five (5) days prior to the end of the then current calendar or fiscal year, as applicable. Title to any supplies, materials, equipment, or other personal property shall remain in ARCHITECT until fully paid for by the City. Section 4. Architectural Rate ARCHITECT shall provide services based on the Proposal attached hereto as Exhibit "B" Section 5. Expertise of Professional Services ARCHITECT ARCHITECT 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 a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken by ARCHITECT pursuant to this Agreement. By executing this Agreement, ARCHITECT represents to the City that ARCHITECT is professionally qualified to act as ARCHITECT for the Project and is licensed to practice architecture by all public entities having jurisdiction over ARCHITECT and the Project. ARCHITECT assumes full responsibility to the City for the improper acts and omissions of its consultants or others employed or retained by ARCHITECT in connection with the Project. Section 6. Additional Responsibilities of ARCHITECT (a) The ARCHITECT shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary 23 1 RFQ 14 -PW 1 1 plans, completion of work drawings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by ARCHITECT constitutes a representation that ARCHITECT has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing facility or structure, ARCHITECT shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. (b) ARCHITECT shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. ARCHITECT agrees to adhere to work plans and schedules as agreed to in writing between ARCHITECT and the City (the "Schedule"), which Schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both ARCHITECT and the City. (c) ARCHITECT agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. ARCHITECT shall take no calculated risk in the design of the Project. Specifically, ARCHITECT agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event ARCHITECT is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an amount that is in excess of the budgetary limitations established by the City, ARCHITECT will give written notice immediately to the City. ARCHITECT agrees that, in the absence of an amendment to this Agreement in writing, ARCHITECT will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. (d) ARCHITECT acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for ARCHITECT's services performed under this Agreement. ARCHITECT acknowledges and agrees that the acceptance of plans and specifications 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 or engineering. ARCHITECT further agrees that no approval of plans and specifications by any person, body or agency shall relieve ARCHITECT of the responsibility for adequacy, fitness, suitability, and 24 1 RFQ 14 -PW 1 1 correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. (e) ARCHITECT acknowledges that it may receive confidential information of the City. ARCHITECT agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to ARCHITECT. ARCHITECT shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. (f) ARCHITECT agrees that it shall not engage in any activity or conduct that would be in violation of the Milton City Code of Ethics. (g) ARCHITECT must have timely information and input from the City in order to perform the services required under this Agreement. ARCHITECT is entitled to rely upon information provided by the City, but shall be required to provide immediate written notice to the City if ARCHITECT knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. (h) ARCHITECT specifically acknowledges that TIME IS OF THE ESSENCE for the implementation of the Project and the performance of its obligations hereunder. ARCHITECT specifically agrees to adhere to the priorities established by the City with regard to the Project from time to time. (i) shall be authorized to act on ARCHITECT'S behalf with respect to the Project as ARCHITECT'S designated representative. (j) ARCHITECT agrees that it shall be at all times in compliance with all applicable local, state, and federal regulations. (k) ARCHITECT agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. (1) ARCHITECT shall administer all construction contracts related to the Project as directed by the City pursuant to Section 6.1 below and consistent with any construction contracts entered into by the City and related to the Project. (m) In the event ARCHITECT acquires knowledge of any asbestos located in the Project, it shall immediately notify the City in writing. Absent a failure to comply with this notice requirement, ARCHITECT shall have no liability or responsibility to the City for asbestos, or the removal or treatment of same, unless otherwise agreed in writing. 25 1 RFQ 14 -PW 1 1 Section 6.1. Contract Administration (a) The ARCHITECT shall provide administration of the Construction Contract as set forth below and shall perform those duties and discharge those responsibilities set forth herein and in the contract ("the Construction Contract") to be executed by and between the City and a contractor. (b) The ARCHITECT shall represent the City during construction. Instructions and other appropriate communications from the City to the Contractor shall be communicated through the ARCHITECT unless the City determines otherwise. The ARCHITECT shall act on behalf of the City only to the extent provided herein and in the Construction Contract. (c) The ARCHITECT shall carefully inspect the work of the contractor whenever and wherever appropriate and no less frequently than once each week. If, however, in the opinion of the ARCHITECT, inspections more frequently than once each week are required to protect the City's interest, the ARCHITECT shall so notify the City in writing, and the City may elect to require the ARCHITECT to make more frequent Project inspections, and unless such inspections are otherwise required by this Agreement, the ARCHITECT shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the inspections required by this Paragraph are in addition to any and all other inspections which may be required elsewhere in this Agreement. The purpose of the inspections required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such inspections, the ARCHITECT shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the contractor. Following each such inspection the ARCHITECT shall submit a written report of such inspection, together with any appropriate comments or recommendations, to the City. (d) The ARCHITECT shall at all times have access to the Work wherever it is located. (e) The ARCHITECT shall determine amounts owed to the contractor based upon inspections of the Work, evaluations of the contractor's rate of progress and upon evaluations of the contractor's applications for payment, and shall issue certificates for payment to the City in such amounts. (f) The issuance of a certificate for payment shall constitute a representation by the ARCHITECT to the City that the ARCHITECT has made an inspection of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the ARCHITECT, the contractor is entitled to payment of the amount certified. 26 1 RFQ 14 -PW 1 1 (g) The ARCHITECT shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The ARCHITECT shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. (h) The ARCHITECT's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract. (i) The ARCHITECT shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the ARCHITECT's opinion, it is necessary or advisable, the ARCHITECT shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. (j) The ARCHITECT shall review and approve, or take other appropriate action upon, the contractor's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the ARCHITECT of the contractor's submittal shall constitute the ARCHITECT's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor or the Proj ect. (k) The ARCHITECT shall review, and advise the City concerning proposals and requests for change orders from the Contractor, including the reasonableness and accuracy of the proposed cost of same. The ARCHITECT shall prepare change orders for the City's approval and execution in accordance with the Construction Contract. (1) The ARCHITECT shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the contractor, and shall, when appropriate, issue a final certificate for payment. (m) The ARCHITECT shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the ARCHITECT's work product. (n) The ARCHITECT shall indemnify and hold harmless the City from and against all liability, claims, loss, costs and expense arising out of, or resulting from, any negligence of the ARCHITECT or from the ARCHITECT's breach of any term or condition of this Agreement. In the event the City is alleged to be liable on account of alleged acts or omissions, or both, of the ARCHITECT, the 27 1 RFQ 14 -PW 1 1 ARCHITECT shall defend such allegations through mutually agreeable counsel and the ARCHITECT shall bear all costs, fees and expenses of such defense. Section 7. Responsibilities of the City (a) The City shall provide information as reasonably requested by ARCHITECT (unless the provision of such information is within the duties required by ARCHITECT under this Agreement), in a prompt manner so as to assist ARCHITECT in achieving compliance with the Schedule. (b) The Chairman shall be authorized to act on the City's behalf with respect to the Project as the City's designated representative. The Chairman shall render decisions and respond to ARCHITECT in a timely manner so as to assist ARCHITECT in achieving compliance with the Schedule. (c) In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and plans provided by ARCHITECT, the City shall provide timely notice in writing to ARCHITECT advising ARCHITECT of same. Section 8. Method of Compensation, Time of Payment. ARCHITECT'S total compensation to be paid for all services rendered and costs incurred by ARCHITECT in completion of such services pursuant to this Agreement shall not exceed the City's overall budget for the Project for which such services are performed by ARCHITECT. City will compensate the ARCHITECT in phases as follows: . During the performance of said services, monthly payments shall be made by the City to ARCHITECT. On or about fifteen (15) days after the close of each calendar month during the performance of services pursuant to this Agreement, ARCHITECT shall submit to the City a statement in a form acceptable to the City and accompanied by appropriate supporting documentation demonstrating the services that were completed during such calendar month for the Project, and the compensation that is due for the same. The City shall review the statement and approve it with such modifications as are consistent with this Agreement. In the event that the City becomes credibly informed that any representations of the ARCHITECT regarding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the ARCHITECT until the inaccuracy, and the cause thereof, is corrected to the City's reasonable satisfaction. The City shall pay each such statement as approved within thirty (30) days after approval of the invoice by City staff, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by ARCHITECT to the point indicated by ARCHITECT on such statement or of receipt of acceptance by the City of the services enumerated in such statement. Within five (5) days of receipt of each payment from the City, ARCHITECT shall promptly pay all fees owed to subconsultants and provide the City with written certification of same on a monthly basis. No payments will be made for unauthorized work. Payments will not be hand delivered. 28 1 RFQ 14 -PW 1 1 Section 9. Work Product Ownership. The City shall be the absolute and unqualified owner of all preliminary arrangements, work product, analysis, agreements, cost estimates, plans, or other documents prepared pursuant to this Agreement with the same force and effect as if the City had prepared same. ARCHITECT agrees to deliver to the City, upon request, all such information and work product. ARCHITECT may retain copies of such documents and information for use in the normal course of its business. Section 10. Independent Contractor. ARCHITECT will be an independent contractor under this Agreement, and will assume all rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Any provisions of this Agreement that may appear to give the City the right to direct ARCHITECT as to the details of the services to be performed by ARCHITECT herein or to exercise a measure of control over such services will be deemed to mean that ARCHITECT shall follow the directions of the City with regard to the results of such services only. Section 11. Subconsultants; Successors and Assigns. ARCHITECT shall not subcontract with any third parry for the performance of any portion of the Services without the prior written approval of the City. ARCHITECT shall be solely responsible for compensating any subconsultant it desires to retain. ARCHITECT shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject to the provisions of the immediately preceding sentence, the City and ARCHITECT, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Section 12. Termination, Suspension of Agreement. (a) The City or ARCHITECT may terminate this Agreement for convenience at any time by giving at least thirty (30) days prior written notice to the other party. If this Agreement is terminated, the ARCHITECT shall be compensated for work actually performed at the agreed -to rates as covered in Section 4 of this Agreement, provided work product actually completed as of termination is delivered to City. Notice of Termination shall be given by the terminating party to the other party as addressed in Section 15(e) of this Agreement. The effective date of termination shall be thirty (30) days after the date of receipt of notice. (b) The City may terminate this Agreement for cause if ARCHITECT breaches any material provision of this Agreement. The City shall give ARCHITECT at least seven (7) days prior written notice of its intent to terminate the Agreement and the reasons therefore, and, if ARCHITECT fails to cure the default within that period, the termination shall take place without further notice. In the event of a termination for cause, ARCHITECT shall not be entitled to further payment until the work required under this Agreement on any Project that is active and 29 1 RFQ 14 -PW 1 1 ongoing at the time of such termination is completed by others. If the cost of completing the work required under this Agreement, combined with previous payments to ARCHITECT, exceed the overall budget for the particular Project assigned to ARCHITECT in accordance with this Agreement, ARCHITECT shall pay the difference to the City. (c) If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section 12(a). (d) The City may, without cause, order ARCHITECT, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (30) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due ARCHITECT as a result of such suspension or suspensions. Otherwise, ARCHITECT shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from ARCHITECT's wrongful act or omission. Section 13. Venue, Jurisdiction of Disputes. Any dispute between the parties shall be subject to venue and jurisdiction in the Superior Court of Fulton County, Georgia. Section 14. Indemnification and Insurance. The ARCHITECT covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The ARCHITECT 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. ARCHITECT shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense, (hereinafter "Liabilities") which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the ARCHITECT, any subcontractor, anyone directly or indirectly employed by the ARCHITECT or subcontractor or anyone for whose acts the ARCHITECT or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the ARCHITECT, any subcontractor, anyone directly or indirectly employed by the ARCHITECT or subcontractor or anyone for whose acts the ARCHITECT 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, 30 1 RFQ 14 -PW 1 1 compensation or benefits payable by or for the ARCHITECT 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 City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. (1) Requirements: The ARCHITECT 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 ARCHITECT, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: ARCHITECT shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability 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. (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) Professional Liability of $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by the ARCHITECT'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 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: 31 1 RFQ 14 -PW 1 1 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 as respects: liability arising out of activities performed by or on behalf of the ARCHITECT; products and completed operations of the ARCHITECT; premises owned, leased, or used by the ARCHITECT; automobiles owned, leased, hired, or borrowed by the ARCHITECT. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The ARCHITECT'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 ARCHITECT'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 and City Parties. (iv) Coverage shall state that the ARCHITECT's insurance shall apply separately to each insured against whom claim is made or suit is brought. (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 shall agree to waive all rights of subrogation against the City and City Parties for losses arising from work performed by the ARCHITECT for the City. (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 ARCHITECT 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 32 1 RFQ 14 -PW 1 1 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 with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: ARCHITECT shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Article prior to the start of work. The certificate of insurance and endorsements shall be on a form utilized by ARCHITECT'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 ARCHITECT 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: ARCHITECT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insureds. (8) Claims -Made Policies: ARCHITECT 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 Professional Liability policy or Workers' Compensation policy. Section 15. Miscellaneous. (a) Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. 33 1 RFQ 14 -PW 1 1 (b) Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. (c) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (d) Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. (e) Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 Attn: City Manager NOTICE TO ARCHITECT shall be sent to: (f) Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. (g) Force Ma; eure. Neither the City nor ARCHITECT 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 34 1 RFQ 14 -PW 1 1 their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of ARCHITECT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. (h) Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (i) No Third -Party Beneficiaries. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party. Section 16. E -Verify. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the ARCHITECT 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 ARCHITECT'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 ARCHITECT 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 ARCHITECT 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, ARCHITECT 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. 35 1 RFQ 14 -PW 1 1 In the event the ARCHITECT employs or contracts with any subcontractor(s) in connection with the covered contract, the ARCHITECT 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, ARCHITECT agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where ARCHITECT 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 ARCHITECT's and ARCHITECT's subcontractors' verification process at any time to determine that the verification was correct and complete. The ARCHITECT and ARCHITECT'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 ARCHITECT 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 ARCHITECT or ARCHITECT's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the ARCHITECT and ARCHITECT'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 ARCHITECT or ARCHITECT'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 ARCHITECT's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the ARCHITECT shall be liable for all damages and delays occasioned by the City thereby. ARCHITECT agrees that the employee -number category designated below is applicable to the ARCHITECT. [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. ARCHITECT hereby agrees that, in the event ARCHITECT 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 ARCHITECT 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. 36 1 RFQ 14 -PW 1 1 Section 17. 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 ARCHITECT agrees that, during performance of this Agreement, ARCHITECT, 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, ARCHITECT agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 17 in every subcontract for services contemplated under this Agreement. 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. [SIGNATURES ON THE FOLLOWING PAGE] 37 1 RFQ 14 -PW 1 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. ARCHITECT: By: Its: [CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of. Witness Notary Public [NOTARY SEAL] My Commission Expires: 38 1 RFQ 14 -PW 1 1 EXHIBIT "C" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project 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: 39 1 RFQ 14 -PW 1 1 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 (name of contractor) on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project 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 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFQ 14 -PW 11 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.yearce(a,cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFQ. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date RFQ 14-PW11 Addendum #1 Pagel of 2 This Addendum forms a part of the contract documents and modifies the original RFQ documents as noted below: Questions and Answers 1. I read the RFP and did not see Geotechnical Services as part of the scope of services. How are these services being handled or who will be hiring those services? Answer: The city will handle the geotechnical work separately but reserves the right to identify any consultants that may be necessary or prudent for the city to consider in the development of the construction documents as stated in Section 3.2 of the Scope of Services. 2. Do we have to submit the "CITY OF MILTON DISCLOSURE FORM" if no donations/contributions were made? If we do, does it and the cover page count as part of the 20 -page submittal limit? Answer: 3. "3.2 SCOPE OF SERVICES [paragraph] 2. The selected consultant shall assist the city with [sic] the selection of a [sic] contractor. This may include, but not be limited to, the development of bid or proposal documents." - At what stage will the CM be brought on board, and will we be able to assist and evaluate this process of selection with you? Answer: It is the city's intention to bring the CM on board prior to the completion of schematic design documents. As provided in Section 3.2 of the RFQ it is the intent of the city that the selected consultant provide assistance to the city in the selection of the CM; however, the city may utilize this assistance at its discretion and as it may be deemed in the city's best interest. RFQ 14-PW11 Addendum #1 Page 2 of 2 FW46/Z: SCOPE OF WORK PART 1— DESIGN PHASE 1. General. a. Basic Services shall include all normal and customary professional services of the ARCHITECT and its consultants required in connection with the Schematic Design, Design Development, Construction Documents, Procurement of Construction Services and CM/GC Construction Contract Administration Phases of the Project. b. Landscape Planning and Design. The ARCHITECT shall provide, or secure through a landscape architect, landscape and irrigation planning for the project. c. Color Renderingof f Project. To facilitate visualization and perceptions of the project, two (2) color renderings and massing model must be made of the Project. If applicable, a video may be substituted. d. LEED Certification. LEED certification is not being pursued by the City but the ARCHITECT will be required to identify those sustainable practices that are incorporated into the design and produce a report that outlines the practices used and their impact on the design and long term functionality of the building a LEED score card, life cycle costs and initial costs. 2. Site Evaluation and Planning Services. a. Preliminary Evaluation. Site evaluation and planning functions should proceed concurrently with the accomplishment of Schematic Design, Design Development, and Construction Documents. The ARCHITECT shall conduct a preliminary review of the site based on information furnished by the City. The ARCHITECT will advise the City of potential site -related problems noted from such review. b. Additional Information. The ARCHITECT shall advise the City of the need for any information that the ARCHITECT determines should be provided by testing laboratory or similar third party provider. With prior written approval of the City as to cost and other business terms, the ARCHITECT shall contract for the information or, if the City elects, the City shall contract as advised by the ARCHITECT. The ARCHITECT shall not be liable to City for professional judgment of third party providers. The ARCHITECT shall inform the City if the ARCHITECT discovers any defect in the information so provided. Except as provided above as to tests, the retention of independent contractors or other assistance does not relieve the ARCHITECT of any responsibility under this Contract. 3. Schematic Design Services. a. Concept Design Studies. In accordance with the approved Preliminary Design and Construction Schedule, the ARCHITECT shall prepare and submit to the City Concept Design Studies consisting of a site plan, building plans, sections, elevations, and such other graphic and narrative information as is necessary to describe fully the ARCHITECT's proposed solution to the City for review and approval. These studies shall consider land use, the environment, master plans, traffic, parking, transportation, utilities, and functional relationships within the Project and building systems. With such studies, the ARCHITECT shall prepare and submit to the City an initial Statements of Probable Construction Cost. b. Schematic Design Documents. In accordance with the approved Preliminary Design and Construction Schedule and based upon approval of and comments made by the City regarding the Concept Design Studies, the ARCHITECT shall prepare and submit to the City Schematic Design Documents, including drawings and narratives. These documents shall represent a further development of the approved design concept, providing additional detail and specificity regarding the intended design solution and shall include attendance and presentation of the schematic design to the City of Milton Design Review Board. Comments received from the Design Review Board shall be incorporated into the design documents as directed by the city. Typically, all such documents shall be drawn to scale, indicating materials and assemblies, as appropriate, to convey the design intent and to illustrate the Project's basic elements, scale and relationship to the Site. All major pieces of furniture and equipment to be fixed or supplied by the CM/GC shall be illustrated to scale. (See ASTM Standard Practice E 1804-02, August 2007, Sections 6.3, 8.2 and 8.3 for guidance on information which is generally developed in Schematic Design.) c. Initial Statement of Probable Construction Cost. The ARCHITECT shall prepare and submit an initial Statement of Probable Construction Cost. To the extent the Statement of Probable Construction Cost significantly deviates from the GMP Cost Limitation, the ARCHITECT shall discuss the deviations with the City and prepare and submit a plan to address the differences. As the design progresses, the ARCHITECT shall prepare and submit updated Statements of Probable Cost in like format. The parties understand and agree that the ARCHITECT does not have control over the cost of labor, materials or equipment, over the CM/GC's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the ARCHITECT cannot and do not warrant or represent that bids or negotiated prices will not vary from the City's GMP Cost Limitation or from any estimate of the Cost of the Work prepared by the Cost Consultant or Construction Manager. d. Schematic Design Approval. The ARCHITECT shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design portion of the schedule, and update the projected construction portion of the schedule, The ARCHITECT shall meet with the City for the purpose of presenting and reviewing the Schematic Design including the updated schedule and the initial Statement of Probable Construction Cost. The ARCHITECT shall obtain the written approval from the City of the Schematic Design Phase before proceeding with the next phase. 4. Design Development Services. a. Design Development Documents. In accordance with the approved Preliminary Design and Construction Schedule and based upon approval of and comments made by the City regarding the Schematic Design Documents, the ARCHITECT shall prepare and submit to the City the Design Development Documents. (See ASTM Standard Practice E 1804-02, August 2007, Sections 6.4, 8.2 and 8.3 for guidance on information which is generally developed in Design Development Documents). The Design Development Documents shall consist of a Site Plan, building plans, floor plans, sections, elevations, typical construction details, equipment layouts, and other drawings and outline specifications. These documents will fix and illustrate the size and character of the entire Project in its essentials, including but not limited to kinds of materials, criteria and sizing of major components, equipment sizes and capacities, approximate layouts including required spaces for clearances, type of structure, grade elevations, sidewalks, utilities, roads, parking areas, mechanical and electrical systems. The ARCHITECT shall also prepare Outline Specifications giving basic descriptions of essential components of all systems. The Outline Specifications shall identify major materials and systems and establish in general their quality levels. b. Floor Plans. The ARCHITECT shall prepare floor plans showing spaces by name, number, actual net area of each space, structural module, mechanical spaces, equipment, chases and circulation area. The ARCHITECT shall also prepare site plans (which show utilities), plumbing, electrical, mechanical, and structural plans, and equipment layouts, lists and schedules. Drawings shall show overall building dimensions and major lines of dimension. Initial Code Compliance Review. The ARCHITECT shall submit the completed Design Development Documents to the City Plan Review Division. d. Design Development Documents Approval. The ARCHITECT shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design portion of the schedule, and update the projected construction portion of the schedule, The ARCHITECT shall meet with the City for the purpose of presenting and reviewing the Design Development Documents including the updated schedule and the updated Statement of Probable Construction Cost. The ARCHITECT shall obtain the written approval of the City of the Design Development Documents Phase before proceeding with the next phase. 5. Construction Documents. a. General. Prior to the development of final construction drawings the ARCHITECT shall attend and present the design to the City of Milton Design Review Board. Comments received from the Design Review Board shall be incorporated into the design documents as directed by the city. In accordance with the approved Overall Project Schedule and based upon approved Design Development Documents, the ARCHITECT shall prepare and submit to the City the Construction Documents consisting of working drawings and specifications and setting forth in detail the architectural and engineering work required to result in a complete and fully functional Project. The ARCHITECT must provide all design documents required for regulatory approvals necessary to receive operating permits/authorizations and a Certificate of Occupancy (See ASTM Standard Practice E 1804-02, August 2002, Section 8.4 for guidance). b. Basis of Construction Documents. The Construction Documents must be based upon the Program. The Construction Documents must indicate, in detail, the requirements for the construction of the Project (including all on-site and off-site work). c. Conflicts. If there is any conflict between the Program and the Construction Documents, the Program shall prevail and govern, except in the following circumstances: (i) When the Program causes a code violation; or (ii) When the Program shows or calls for a result that, based on evidence presented to the City, will not function properly, will not be suitable for the purposes intended, or includes requirements for processes or equipment that are subsequently determined to be unsuitable; or (iii) When a change was made during the design and approval process that modified the City's requirements. In such case, the ARCHITECT and the City must have approved this modification in writing. d. Free from Leaks. In accordance with the applicable Standard of Care, ARCHITECT shall design the work in a non -negligent manner such that the building will be free from leaks due to design. e. Specification Format. The Construction Specifications must be in the full Construction Specifications Institute (CSI) Division Three Part Format as established in the CSI Manual of Practice covering required materials, products and equipment, their installation and operation, quality assurances, reference standards and submittal requirements. The Construction Specifications must provide all supplemental information and requirements included but not elsewhere covered by the Contract Documents. f. Working Drawings. Working Drawings shall consist of those drawings necessary to describe the size and character of the Project and its design, construction, materials, finishes, fixtures, civil, structure, mechanical systems and electrical systems and other related work. The Working Drawings must include, where applicable, at least the following: (i) Civil Engineering documents to consist, at a minimum, of site plan, grading, storm drainage plan and profiles, hydrology study, erosion control, paving, fencing, site sanitary system, and site water system, utilities and construction details and specifications. The civil drawings shall coordinate with the plans and construction of the Crabapple Northwest Connector Road as prepared by the city; (ii) Landscape and irrigation plans. Plan shall coordinate with the civil engineering and architectural documents and shall detail the type, size and placement of landscape material, meter, backflow prevention and irrigation lines. Plans shall detail the design and placement of all hardscape material and plaza layout. (iii) Architectural floor plans, exterior elevations, interior elevations, building sections, wall sections, reflected ceiling plans, interior and exterior details, door and finish schedules, and roof plans. All Architectural Floor Plans shall be at not less than 1/8" = l' 0" scale, must be coordinated with all other disciplines and all required equipment, and must show all required partitions, partition types, doors and door numbers, windows, room names and numbers, dimensions and any other required notes and information for complete floor plans; (iv) Detailing and dimensions that comprehensively describe the design of the building and site development in a consistent and coordinated manner; (v) Wall sections and interior elevations at scales appropriate to illustrate with sufficient detail and clarity the intended work and thereby facilitate its construction; (vi) Reflected ceiling plans at the same scale as the respective floor plans. All reflected ceiling plans must be coordinated with all the engineering disciplines and must show all required ceiling lights, diffusers, access panels, returns, fans, smoke detectors and any other required devices on the ceiling. The architectural reflected ceiling plan takes precedence over all the other engineering plans in regards to fixture and device locations. Sprinkler head requirements shall be per NFPA requirements and coordinated with the reflected ceiling plan; (vii) Structural construction drawings and specifications, e.g. structural steel and cast -in-place concrete work, as well as for foundation reinforcing steel and any other structural elements, must include top of foundation elevation and complete structural details at not less than 1/2" = 1' scale; (viii) HVAC, plumbing, and fire protection layouts showing major equipment and mains as well as typical distribution branches, riser diagrams, supply and return grilles, fire dampers, and a schedule of plumbing fixtures valves, and all other "end product elements and features. All HVAC, plumbing and fire protection plans must be fully coordinated with the architectural floor plans and reflected ceiling plans. All such drawings shall be at not less than 1/8"= 1'0 scale; (iv) Electrical systems and separate signal and data/telecom conduit systems layouts, as well as riser diagrams for the building, and all other "end product" elements and fixtures. All electrical power and lighting plans must be coordinated with the architectural floor plans and reflected ceiling plans; and (x) Electrical site plans at not less than 1" = 50' scale. (xi) Any specialty products, materials and supplies specified by the ARCHITECT must be available. g. Trade Names. Where practical, the ARCHITECT should designate the physical properties of materials, products, or equipment and, where possible, use an ASTM number, a Commercial Standard, a Federal Specification number, or any recognized designation. Alternatively, the ARCHITECT may utilize manufacturer's trade names and model numbers to specify the material, product or equipment. When specifying trade names and model numbers, it is the policy of the City to promote competition among manufacturers and suppliers. When specifying trade names or brand names to identify parts and components of the Work, the ARCHITECT shall specify a minimum of three products that fulfill the design requirements and level of quality, such designations then become the only authorized and acceptable products for that element of the work. Under no circumstance should the ARCHITECT include the words "or equal" in any specification or drawing. It is further the policy of the City that during the preconstruction phase and preceding the GMP Change Order, the ARCHITECT shall consider additional products of manufacturers as requested by bidders or Construction Professionals, which products after approval by the City then become part of the specifications. After execution of the GMP Change Order no further substitutions of specified products are allowable. h. Contractor's Responsibilities. The ARCHITECT shall not require the Contractor to provide professional services that constitute the practice of architecture or engineering in the Construction Documents unless such services are proprietary for that portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the ARCHITECT will specify all performance and design criteria that such services must satisfy. i. Construction Documents Approval. The ARCHITECT shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design schedule, and update the projected construction schedule. The ARCHITECT shall meet with the City for the purpose of presenting and reviewing the Construction Documents including the updated schedule and a final Statement of Probable Construction Cost. The ARCHITECT shall obtain the written approval of the City of the Construction Documents before proceeding with the next phase. (See ASTM Standard Practice E 1804-02, August 2002, Section 8.4 for guidance on information which is generally contained in Construction Documents.) Issuance of Documents. Upon receipt of the review comments from the City, the ARCHITECT shall complete the Construction Documents for any Component Change Order or the final Construction Documents to respond to the review comments and furnish final copies to the City prior to release of Construction Documents for a Component Change Order. The Contract Documents for submission of proposals shall be bound into a Project Manual, including the Invitation to Propose, the RFQ, the RFP, Proposal Form(s), Contract Form, General Requirements, Supplementary General Requirements and, to the extent required, the Specifications. k. Building Information Modeling (BIM). ARCHITECT shall prepare a three- dimensional representation in electronic format of the physical and functional characteristics of the Project though the Level of Development 300 ("the Model"). The model shall include all architectural, MEP and structural components Upon the completion of the Construction Document Phase, the Model shall be delivered to the City and shall become the property of the City, provided the City substantially performs its obligations, including prompt payment of all sums when due. The City shall not use or authorize any other person to use the Model on other projects. This conveyance shall not deprive the ARCHITECT of the right to retain electronic data or other reproducible copies of the Model or the right to reuse information contained in them in the normal course of the ARCHITECT'S professional activities. Notwithstanding any provision herein to the contrary, ARCHITECT shall retain its rights to all proprietary and/or standard elements contained within the Model, including Revit families and standard details generated, created or authored by the ARCHITECT for its repeated, regular and ongoing use in instruments of service for its clients. Moreover, the ARCHITECT does not convey any right in the software or databases used to generate the Model. The City agrees and acknowledges that the Model is not a substitute for the signed and sealed Contract Documents in printed, hard copy form issued by the ARCHITECT. The City further agrees that the only copies of Contract Documents that may be relied upon are limited to the printed, hard copies that are signed and sealed by the ARCHITECT. Moreover, information or data obtained or derived from the Model shall not be used to create Shop Drawings or other submissions; provided, however, they may be used as Shop Drawing backgrounds. In all cases the hard paper Construction Documents shall be given precedence in the event any discrepancies between the hard copy documents issued by the ARCHITECT and the Model. The Model and any other digital data furnished by the ARCHITECT are for the convenience of the CITY and for informational purposes only. The Model and any other digital data is being transferred "AS -IS" and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use of the Model will be at the sole risk of the user and without liability, risk, or legal exposure to the ARCHITECT or our consultants. The CITY agrees to release the ARCHITECT, our consultants, and their partners, shareholders, agents and employees from and against any and all claims, demands, losses, expenses, damages, penalties, and liabilities of any kind, including, without limitation, attorneys' fees and disbursements, arising out of or relating in any way to the subsequent use of or modification to the Model by the City, Contractor, Subcontractor or City's consultants. 1. Energy Modeling. The facility is required to be designed and constructed utilizing sustainable design strategies to achieve the most energy efficient structure feasible within the design and budget parameters established by the city. The goal of the city is to exceed the standards set forth in ASHRAE 90.1-2004 by a target range of 20%- 30% where it is determined by the city that such efficiency is cost effective based on a life cycle cost analysis with a payback at no more than ten years. The ARCHITECT shall provide energy modeling of the facilities, as necessary, to demonstrate compliance with this goal. 6. CM/GC Construction Procurement Services. Assist The City. The ARCHITECT shall assist City, as requested, in obtaining proposals from qualified firms to act as CM/GC. The ARCHITECT shall advise and assist the City with respect to the preparation of documents necessary and appropriate for the process of selection of the CM/GC for the Project which may include assistance in the development of the criteria that will be used to evaluate the list of candidates for the CM/GC. 7. Pre -Construction Design and Related Services. The following services are to be provided by the ARCHITECT during the pre - construction period leading to issuance of any Component Change Order and the GMP Change Order. a. CM/GC Design Coordination Meetings. The ARCHITECT shall from time to time meet with the CM/GC and shall, with the City, attend scheduled meetings for the purpose of collaborating and coordinating the final design and Construction Documents. b. Coordination. The ARCHITECT, together with the City, is responsible for coordination and cooperation with the CM/GC for the design of the Project within the budgeted cost and schedule. The objective of the coordination is to assure that the design meets the Program in all respects, including but not limited to the following areas: (i) Cost containment and cost monitoring; (ii) Cost-effective decisions; (iii) Compatibility with City's architectural standards. (iv) Consistency with the City's expectations in the Program; (v) The appropriate provision of all necessary services and utilities; (vi) The necessary level of environmental review and documentation; (vii) That the City is kept fully aware of the progress of the project; (viii) That the project schedule is maintained; (ix) That construction quality assurance complies with the City's Program; (x) That the Construction Documents are reviewed for constructability; and (xi)That all permits and approvals are obtained for occupancy by the City. Overall Project Schedule. The ARCHITECT shall assist the CM/GC with the development of a Construction Progress Schedule and an Overall Project Schedule for approval by the City of a realistic sequence of design, construction, and procurement activities necessary to achieve completion of design and commencement and completion of construction of the Project in accordance with the City's Program. The Overall Project Schedule shall include, but is not limited to, the following: (i) a schedule for completion of Construction Documents for the entire Project; (ii) a schedule for the anticipated commencement and completion of construction and procurement activities under Contract Documents for each Component for which separate Component Construction Documents are to be prepared; (iii) a schedule showing the date by which the CM/GC anticipates CM/GC shall propose a GMP Change Order to the CM/GC Contract; (iv) a schedule showing the date by which the CM/GC anticipates CM/GC shall propose a lump sum price Change Order to the CM/GC Contract; (v) a schedule for approval times for shop drawings and submittals required of the CM/GC, keeping in mind that the CM/GC shall be instructed to take into account large submittal documents that will require longer review times, e.g.,submittals with over fifty sheets of drawings; (vi) a schedule of dates for the submittal of approval documents to the City; d. Changes Prior to GMP Change Order. In the event the City proposes a change to the Program, the ARCHITECT shall review the proposed revision to determine whether the change requires a change in the GMP Cost Limitation. PART 2 - CONSTRUCTION CONTRACT ADMINISTRATION SERVICES 2.1 - General Administration. a. Overall Administration. This function covers the overall Project administrative duties performed by the ARCHITECT during the construction phase and includes the use of the ARCHITECT's delegated authority to require that the Contractor comply with the Contract Documents. It includes all duties that constitute the ARCHITECT's administration of the Construction Contract. The ARCHITECT acknowledges that all definitions and terms of trade usage set forth in the General Requirements of the CM/GC Contract are incorporated into this Contract by reference. The CM/GC, however, shall be solely responsible for safety as well as the means and methods of construction. The Construction Contract Administration services described in this Part are to be distinguished from the continuous services of the CM/GC and the services of a third party construction inspector or quality control specialist. b. Duration. The Construction Contract Administration Services phase begins with the issuance of a Notice to Proceed of a CM/GC Construction Services Contract for the construction services portion of the work (not for preconstruction services) and is concerned with both office and field professional services required to direct the Construction Contract Administration. The Construction Contract Administration services of the ARCHITECT shall commence upon receipt of a letter from the City requesting the ARCHITECT to proceed and shall continue until completion of the proj ect. Cost Control Prior to GMP. At appropriate intervals prior to agreement on the GMP change order, the ARCHITECT shall review the Construction Cost Estimate provided by the CM/GC and with the CM/GC develop the Reconciled Construction Cost Estimate, consisting of a composite of the ARCHITECT's Estimate of Probable Construction Cost and the CM/GC's Construction Cost Estimate, each separately derived and each based upon the Program and design documents prepared by the ARCHITECT. If at any time the ARCHITECT's Estimate of Probable Construction Cost and the Construction Cost Estimate of the CM/GC, are, in the City's judgment, not reconcilable or exceed corresponding Components of the Project Budget, the City, the ARCHITECT and the CM/GC shall confer to resolve such differences; and if such differences cannot be resolved, to recommend to the City such actions as may be necessary or appropriate to resolve such differences. d. Site Visits. During the Construction Administration phase, the ARCHITECT and its professional consultants shall make Site Visits to the project site to discharge their professional obligations. The ARCHITECT shall submit, for review and approval of the City, a schedule of anticipated site visits, for each design discipline, that is compatible with the approved construction schedule. The number of site visits during construction that have been included as part of Basic Services are set forth in Exhibit B.1. Additional Site Visits shall be treated as Additional Services, except that additional Site Visits caused by any negligent error or omission of the ARCHITECT shall be part of Basic Services and shall not be an Additional Service. Additional Site Visits caused or necessitated by unforeseen construction conditions or non-compliant Work of the Contractor shall normally be approved by the City. Accessibility. The ARCHITECT shall designate a readily accessible representative (either on Site or by computer, phone, fax, or otherwise) who shall have authority promptly to convey decisions and to furnish information required of the ARCHITECT. e. Basic Office Services. The basic office services performed during the construction phase include: (i) Administering the construction contract, (ii) Monitoring the status of City's construction funds, (iii) Requiring receipts from all known subcontractors and all known suppliers (1) if ARCHITECT has evidence of delinquency on the part of the CM/GC in making payments or (2) if he is requested to do so by the City, (iv) Recommending withholding payments to the CM/GC, as appropriate, (v) Issuing certificates of payments, (vi) Reviewing and commenting on shop drawings and submittals for conformance with design intent, (vii) Making revisions, corrections or clarifications to the Contract Documents by bulletins or change orders, (viii) Maintaining correspondence and records, (ix) Performing associated clerical services, (x) Reviewing / evaluating and processing of Change Order requests and claims. (xi) Issuing change orders as described in the General Requirements for changes in the work (No changes in the Contract Documents shall be made except with the prior written consent of the City.), (xii) Responding to all RFI's (Requests For Information), (xiii) Executing all other duties required of the ARCHITECT in the General Requirements, (xiv) Reviewing the certificates, manuals and guarantees assembled by the CM/GC as provided in the Contract Documents, (xv) Recommending acceptance of the completed project. f. Basic Field Services. The professional services performed during the construction administration comprise on-site observation, evaluation, and documentation by the ARCHITECT and its consultants to identify nonconformity of the work with the Contract Documents. In addition, the ARCHITECT shall observe and document appropriately any compliance concerns with agreed construction schedules, the superintendence of the work, and the qualifications of skilled workers. g. Observations, Evaluations and Documentation. A principal of the ARCHITECT's firm and/or each consultant's firm, or a qualified employee of each firm approved by the City shall perform observations, evaluations and documentation. The ARCHITECT shall not knowingly certify Work for payment that has been improperly installed .The ARCHITECT shall engage registered professional consultants licensed in the State of Georgia to make periodic observations and evaluations and a final observation and evaluation of the work and to assist in its administration of the construction contract. The ARCHITECT shall not accept, authorize the covering of, or certify for payment Work in a field or trade in which the ARCHITECT is not skilled and competent, except upon the personal advice and written approval of said consultants. The ARCHITECT shall arrange, as a part of its services, for registered professional consultants responsible to the ARCHITECT to make periodic observations and evaluations and to advise the City in writing from time to time and as the work progresses, as to the concurrence on the part of the consultants in (i) the accepting, (ii) the consenting to the covering of, and (iii) the certifying for payment of Work in their fields of practice. The ARCHITECT is fully responsible for any Work designed, approved, certified, or accepted by its consultants the same as if the said Work were designed, approved, certified, or accepted by the ARCHITECT. Once a month a written report shall be submitted to the City apprising it of the progress and condition of the Work h. Construction Progress Meetings. The ARCHITECT shall attend Construction Progress Meetings periodically held by the CM/GC at the job site on a schedule determined by the CM/GC. The ARCHITECT shall review the minutes of the meeting and provide his written comments to the minutes to the City and CM/GC within seven (7) calendar days after the meeting. Contracts with Consultants. Upon demand of the City, the ARCHITECT shall furnish the City a copy of each contract between the ARCHITECT and its consultants, and such contracts must indicate (i) completely, definitely and clearly the Construction Contract Administration services to be performed by the consultants, and (ii) bind the consultant to the terms of this Contract which apply to the services of the consultants. City's Quality Control Inspector. When desired by the City, a quality control inspector may be engaged by the City and paid or reimbursed by the City. The individual or firm shall be one to whom the ARCHITECT has no reasonable objection. k. Component Change Orders. When the use of a Component Change Order and Component Construction Documents are contemplated, the ARCHITECT shall request that the CM/GC submit a Component Change Order under the CM/GC's Agreement for the construction or procurement of the Component under the Component Construction Documents. Upon receipt of the proposed Component Change Order, the ARCHITECT shall review the proposed Component Change Order to determine its compliance with the CM/GC Contract. 1. The ARCHITECT shall issue Component Construction Documents meeting the following minimum criteria: (i) The Component Construction Documents shall reasonably show the intent of the Work to be accomplished; (ii) The Component Construction Documents shall be sufficient for the CM/GC to price the Work; (iii) The Component Construction Documents shall meet all regulatory and Fire Marshal requirements; and (iv) The Component Construction Documents shall be sufficiently detailed to preclude the necessity for rework as the Construction Documents proceed to 100% completion; and (v) The Component Construction Documents (CCO) shall be stamped by the licensed/registered ARCHITECT of record or his licensed/registered engineering consultant. m. With respect to any Component Change Order proposed prior to the execution of a GMP Change Order, ARCHITECT shall recommend to the City approval or disapproval of the Component Change Order. With its recommendation, ARCHITECT shall (i) provide to City any analysis of the Component Change Order price as it relates to Estimates of Probable Construction Cost submitted by the ARCHITECT and to the Stated Cost Limitation, and (ii) shall recommend to City the amount to be established by City as an City's contingency reserve with respect to the work governed by the Component Change Order if the Component Change Order is approved by the City. If the proposed Component Change Order proposes a price for the work governed by the Component Construction Documents to which the proposed Component Change Order relates which materially exceeds the ARCHITECT's Estimate of Probable Construction Cost corresponding to such work, the ARCHITECT shall recommend such corrective action, if any, which the ARCHITECT shall deem necessary or appropriate such that the Project Cost shall not exceed the Stated Cost Limitation. n. The GMP Change Order. The ARCHITECT is responsible for coordinating the development of a framework for negotiating the guaranteed maximum price (GMP) and, if appropriate the subsequent lump sum contract with the CM/GC. These duties include, but are not limited to: (i) Monitoring the GMP and/or lump sum contract on behalf of the City and taking appropriate actions to require that the CM/GC maintains consistency with the terms and conditions of the contract(s). (ii) Monitoring construction activities to require consistency with the Program's project and quality specifications expectations. (iii) Maintaining an on-site presence and accessibility (e.g., telephone, facsimile) through a qualified representative during all construction activities to assist in clarifying design or construction issues where the City's input is required, and in general, assuring the City that the project is well and duly constructed. o. Processing the GMP Change Order. When the Construction Documents for the entire project reach the stage of completion at which the CM/GC is required to propose a GMP Change Order, the City shall request the CM/GC to submit a GMP Change Order under the CM/GC's Agreement for the construction of the entire Project under the Construction Documents. ARCHITECT shall confer with CM/GC in CM/GC's development of a GMP Change Order proposed in connection with those matters that affect the services of the ARCHITECT under this Agreement. Upon receipt of the proposed GMP Change Order, ARCHITECT shall review the proposed GMP Change Order to determine its compliance with the Using Agency's Program and the CM/GC's Agreement and shall recommend to the City approval or disapproval of the GMP Change Order. With its recommendation, ARCHITECT shall: (i) Provide to City any analysis of the GMP Change Order price as it relates to the prior Estimates of Probable Construction Cost submitted by the ARCHITECT and to the GMP Cost Limitation; (ii) Shall recommend to City the amount to be established by City as an City's contingency reserve with respect to the work governed by the GMP Change Order if the City approves the GMP Change Order; (iii) Shall determine whether the proposed GMP Change Order is consistent with the CM/GC's Agreement, including the Project Schedule to the extent any changes to the Project Schedule proposed by the GMP Change Order affects the activities of the ARCHITECT under this Agreement and, if there is a variance, whether ARCHITECT agrees to such variance; and (iv) Shall determine whether the proposed GMP Change Order and the assumptions on which it is based are consistent with the Using Agency's Program or subsequent revisions, prepared by the ARCHITECT and theretofore approved by the City. p. If the GMP Change Order proposes a Guaranteed Maximum Price which, taking into account recommended contingency reserves, exceeds the GMP Cost Limitation for construction of the Project, ARCHITECT shall recommend such corrective action which the ARCHITECT believes is necessary to reduce such price so that it is within the GMP Cost Limitation or which is necessary to alternatively procure such work. If the City agrees to a Guaranteed Maximum Price that exceeds the GMP Cost Limitation, then the GMP Cost Limitation shall be thereafter equal to the Guaranteed Maximum Price but there shall be no increase in the compensation of ARCHITECT under this Agreement as a result of such change to the GMP Cost Limitation. q. If the GMP Change Order is based on a design prepared by the ARCHITECT on behalf of the CM/GC which has not been approved by the City or upon assumptions concerning such design, said assumptions having not been approved by the City, the ARCHITECT shall identify such design or assumptions that require City's approval. r. In accordance with the Standard of Care, the ARCHITECT shall issue GMP Construction Documents meeting the following minimum criteria: (i) The GMP Construction Documents shall reasonably show the intent of the Work to be accomplished; (ii) The GMP Construction Documents shall be reasonably sufficient for the CM/GC to price the Work; (iii) The GMP Construction Documents shall be designed to meet all regulatory and Fire Marshal requirements; (Refer to the City's Instructions to ARCHITECTs for Fire Marshal permit approval requirements). (iv) The GMP Construction Documents shall be sufficiently detailed as is consistent with their percentage of completion to preclude the necessity for unreasonable rework as the Construction Documents proceed to 100% completion; and (v) The GMP Construction Documents shall be stamped by the licensed/registered ARCHITECT of record or his licensed/registered engineering consultant s. Upon approval of the GMP Change Order, the City will issue to the CM/GC a Notice to Proceed. t. Upon approval by the City of the GMP Change Order, any revision of the Project Schedule proposed thereby shall be incorporated into this Agreement and shall govern the schedule of activities of the ARCHITECT. u. Upon approval by the City of the GMP Change Order, the ARCHITECT on behalf of the CM/GC shall complete its design of the Project. This design shall include Construction Documents, developed in accordance with the basis stated in the GMP Change Order. v. Monitoring CM/GC Performance. The responsibility of ARCHITECT for administering the Construction Contract is not affected in any respect by the presence of a contract compliance specialist at the site or by inspections by other employees or contractors of the City. The ARCHITECT agrees that its responsibility for approving, accepting, consenting to the covering of, and certifying Work for payment is not shared with employees or other contractors of the City. If a contract compliance specialist or quality control inspector has been assigned to the Project, the ARCHITECT shall direct same to enter into the Project Diary the date on which the ARCHITECT approves or consents to covering of given Work together with precise identification of the Work. w. Responding to the CM/GC. (i) Requests for Information (RFI). The ARCHITECT will review and respond with reasonable promptness, normally five (5) business days from receipt, to properly prepare any reasonable requests from the CM/GC for additional information about the Contact Documents. The ARCHITECT shall prescribe the format for such requests and shall instruct and assist the CM/GC in adhering to this format. (ii) Supplemental Drawings. The ARCHITECT shall prepare all supplemental drawings to the Contract Documents as required for the successful completion of the Project or as requested by the City. The ARCHITECT agrees he will not issue any verbal or written orders for omission from, additions to, or changes in the CM/GC Contract until approved in writing by the City. Provided, however, that any supplement drawings or additional services necessitated by decisions of the City not rendered in a timely manner, any other failure of performance on the part of the City or the City's consultants or GC/CM (to include faulty, defective and/or nonconforming Work) or substitutions approved by the City during the Construction Phase shall be compensated as an Additional Service. x. Evaluations of the Work. (i) Site Visits. The ARCHITECT shall see that he and its consultants make field observations and evaluations as called for in this Contract and during the critical phases of construction. To the extent practicable for visits not on the schedule, the ARCHITECT shall provide advance notice to the City of its site visits and by its consultants. The services of the ARCHITECT's field representative, if any, shall not be utilized for checking shop drawings unless the field representative is an ARCHITECT of the firm or has a specific approval of the City. The ARCHITECT shall maintain a log of all its visits to the site and by its consultants. The ARCHITECT shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work, and shall not be responsible for a CM/GC's failure to carry out the work in accordance with the Contract Documents. However, when the ARCHITECT observes the CM/GC failing to execute the Work in accordance with the Contract Documents, the ARCHITECT shall promptly notify the CM/GC in writing of all such deficiencies and shall issue such notices of Non -Compliant Work he deems appropriate, including, when necessary to avoid damage to the Work, issuing a stop work order over such part of the Work as is necessary. The ARCHITECT shall promptly inform the City of all such actions, including copies of all notices and back up documentation. (ii) Deviations from the Contract Documents. The ARCHITECT shall report known deviations from the Contract Documents and the construction progress schedule to the City and the CM/GC through site observations and evaluations appropriate to the stage of completion of the work or as otherwise agreed to by the City. The ARCHITECT shall issue Notices of Non -Compliant Work for nonconforming work. The ARCHITECT is responsible for its acts and its consultants, but shall not have control over and shall not be responsible for the acts or omissions of the CM/GC, subcontractors or their agents or employees. y. Certification of Payments to the CM/GC. (i) Issuance of Certification. Based on project site observation, the ARCHITECT shall review the CM/GC's Application for Payment and determine the amount owed to the CM/GC and shall certify the CM/GC's Application and Certificate for Payment. Such issuance shall constitute a representation by the ARCHITECT to the City that to the best of the ARCHITECT's knowledge, information or belief, the Work has progressed to the point indicated, and that the quality of Work is in accordance with the Construction Documents, and that the CM/GC is entitled to payment in the amount requested. If the ARCHITECT declines to certify all or a portion of the amounts requested by the CM/GC, he shall state the reasons therefore, in its certification, and shall provide written notice to the CM/GC of the same. When requested by the City, the ARCHITECT shall require lien waivers prior to approving the CM/GC's Application for Payment. (ii) Record. The ARCHITECT shall maintain a record of the CM/GC's Applications for Payment. (iii) Advice on Construction Progress. To each Application for Payment forwarded to the City, the ARCHITECT shall attach its Advice on Construction Progress, in the format provided in the CM/GC Forms Packet, and provide a copy to the CM/GC. z. Submittals. (i) The Design Professional's Review. Within fourteen calendar days from receipt, the ARCHITECT shall review and give comment or approval regarding the submittal schedule as detailed in the CM/GC's General Requirements. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. The ARCHITECT shall then review, approve, or take other appropriate action with respect to shop drawings, samples, or other submissions of the CM/GC, including, but not limited to, confirmation of conformance with the design concept of the Project and with the Contract Documents. The ARCHITECT shall respond to the CM/GC and return said items to the CM/GC within fourteen calendar days from receipt, provided that the Contractor submits the submittals in accordance with the required submittal schedule. In establishing the Submittal Schedule the CM/GC shall be instructed to take into account large submittal documents that will require longer review times, e.g., submittals with over fifty sheets of drawings. (ii) Record. The ARCHITECT shall maintain a record of submittals and copies of submittals supplied by the CM/GC. (iii) Re -submittals. The ARCHITECT shall be responsible for an initial submittal review and one re -submittal review. Where the re -submittal is not accepted due to noncompliance with the specifications, the CM/GC shall be responsible for payment of the additional time required by the ARCHITECT to complete the submittal review. (iv) The ARCHITECT shall not redesign, add or change scope on submittals without first requesting a change request and approval by the City. aa. Changes in the Work after the GMP Change Order. (i) The ARCHITECT's Review of Change Orders. The ARCHITECT shall review and submit for approval of the City, Change Orders to the CM/GC Contract, as conditions warrant, utilizing the forms provided in the CM/GC General Requirements. If the Change Order is City -directed, the ARCHITECT shall coordinate the preparation of the Change Order with the CM/GC. (ii) Determination of Cost. The ARCHITECT shall review the CM/GC's proposed cost of the work, time to complete, effect upon the construction progress schedule, and effect upon time dependent costs, and provide appropriate comments within 14 calendar days concerning such proposed costs and expenses. (iii) Approval of the City. The ARCHITECT shall order no changes in the Work without the approval of the City. (iv) Advice on Construction Progress. To each Change Order which grants an extension in the Contract Time, the ARCHITECT shall attach its Advice on Construction Progress, in the format provided in the CM/GC Forms Packet, and provide a copy to the CM/GC. bb. Project Completion. (i) Inspection for Material Completion. Material Completion is specifically defined in the General Requirements and all references to substantial completion or the concept of substantial completion are deleted and of no force and effect in the Contract Documents except as substantial completion may be determined by a judge. The ARCHITECT shall cooperate with the CM/GC in preparing for and implementing the Inspection for Material Completion, and shall conduct and document its inspections and evaluations for Material Completion within ten business days from notice of request. Upon successful completion of the Inspection for Material Completion the ARCHITECT shall issue a Certificate of Material Completion. The Certificate of Material Completion shall include the Final Punch List that shall specify each item that constitutes either a Minor Item or Permitted Incomplete Work and shall additionally specify a value for each. It is the responsibility of the ARCHITECT to have its representative and representatives of its major consultants present for the inspection and evaluation for Material Completion. Otherwise, the inspection and evaluation will be canceled and rescheduled at the ARCHITECT's expense. The ARCHITECT who executes the Certificate of Material Completion must be the person who has executed the ARCHITECT's Contract or its successor. (ii) Payment for Material Completion. Upon receipt of the Certificate of Material Completion, the CM/GC may make Application for Payment for Material Completion (which includes retainage). Before certifying such payment, the ARCHITECT shall withhold from the amount certified 200 percent of the value of each Minor Item or Permitted Incomplete Work and shall require the CM/GC to provide the Statutory Affidavit, the Non -Influence Affidavit, and supporting documentation called for in the General Requirements. If the CM/GC has shown any exceptions on the Statutory Affidavit, the ARCHITECT shall also make appropriate deductions to the Certificate of Payment. (iii) Final Inspection and Evaluation. Upon receipt of the request for Inspection for Final Completion, the ARCHITECT shall conduct and document its inspections and evaluations for Final Completion. The ARCHITECT shall confirm that the Final Punch List and all Minor Items and Permitted Incomplete Work are successfully accomplished. Upon successful completion of such inspection, the ARCHITECT shall certify to the best of its knowledge and belief to the City that the Project has been completed in compliance with the Contract Documents. The ARCHITECT then shall issue to the City and to the CM/GC a Certificate of Final Completion. The ARCHITECT who executes the Certificate of Final Completion must be the person who has executed the ARCHITECT's Contract or its successor. (iv) Final Payment. Upon issuance of the Certificate of Final Completion and receipt of an application for Final Payment, the ARCHITECT, shall certify Final Payment for the funds withheld at Material Completion. (v) Effect of Certificates. Neither the issuance of any certificate as to any Application for Payment, achievement of Material Completion or Final Completion, or certification of any payment by the ARCHITECT, nor any other provision in the Contract Documents, shall relieve the CM/GC of the responsibility for faulty materials or faulty workmanship. cc. Record Drawings, Final Documents and Closeout Services. (i) Record Drawings and Final Documents. The ARCHITECT shall, upon final completion of the Project, revise the original drawings and specifications based upon documents incorporated by Change Orders, additional sketches, answered RFI's and marked up documents provided by the CM/GC to show the project as built. The ARCHITECT shall furnish and deliver to the City after the entire work is completed, and not later than sixty (60) calendar days after execution of its Certificate of Final Completion, the Record Drawings. (Record Drawings and Final Documents shall reflect all changes caused by addenda, field changes, change orders or observed changes by the Design Professional, the CM/GC or the subcontractor(s) to the extent such CM/GC or Subcontractor observations are communicated in writing to the ARCHITECT. The ARCHITECT shall furnish the City, at no additional cost, all files in PDF format, or other approved equal, to include a set of specifications, complete with all addenda and authorized Change Orders and the Record Drawings and Final Documents showing the ARCHITECT's understanding of the locations of all utility lines and shall be altered to conform to all changes made in the building during its construction. The ARCHITECT shall furnish additional copies of the aforesaid documents or reproducible documents as requested by City, for which the City shall pay the actual cost of reproduction. (ii) Review of Operating Instructions. The ARCHITECT review and confirm that all equipment and systems operation and maintenance manuals provided by the CM/GC are in compliance with the Specifications and shall forward to the City all equipment and systems operation and maintenance manuals provided by the CM/GC in compliance with the Specifications. (iii) Cooperation with Facility Operation and Training Services. The ARCHITECT shall cooperate with the CM/GC to provided operations instructions and training for the City's facilities personnel to include normal operation of all building systems, emergency operations, and normal maintenance operations. (iv) Facility Observation and Evaluation - Warranty Services. The ARCHITECT shall observe and evaluate the function of building systems during the warranty period to identify actual and potential warranty items, as well as any deficiencies or defects that require correction. Reports shall be rendered in sufficient time for the City to secure corrections under applicable warranties. EXHIBIT `B. I " ARCHITECT'S PROPOSAL Architectural Services for: '..'.]ityHall Q Number: 14 -FW 11 I,UUFhK i.,AKKY THE CENTER FOR CONNECTIVE ARCHITECTURE H 777 IE a-r�•e.=a HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTON% ESTABLISHED 2006 RFQ Number: 7Architectural RFQ Title: RFQ 14-PWIl Services for the Milton City Hall Due Date and Time: Public Works Department August 21, 2014 Number of Pages: 39 Local Time: 2:00pm Milton, Ga. 30004 ISSUING DEPARTMENT INFORMATION Issue Date: July 28, 2014 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 13000 Deerfield Pkwy, Suite 107F Website: www.cityoftniltonga.us Milton, Ga. 30004 Deadline for Written Questions INSTRUCTIONS TO CONSULTANTS Return Proposal to: Mark Face of Envelope/Package: COOPER CARRY, INNC. RFQ Number: 14-PW1 I City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 13000 Deerfield Pkwy Deadline for Written Questions Suite 107F August 8, 2014 Milton, Ga. 30004 Email questions to Honor Motes at 58-0863313 honor.motes(a-)citvofmiltonlza.us IMPORTANT: iSEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorionsultant Signatory: COOPER CARRY, INNC. 191 Peachtree Street NE, Suite 2400 M. Sean cLendon, AIA, Principal Atlanta, GA 30303 (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: 404-237-2000 404-237-0276 Consultant Federal I.D. Number: Consultant E-mail Address: 58-0863313 1 seaninclendon@.coopercarry coin CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFQ RESPONSE YOU gm- Cerlified* PHONE: 678.242.25001 FAX: 678.242.2499 * C. of info@cltyofm1IItonga.us I www.cityofmlltonga.us Commm 11 n t ity E,'Mc: ii -~m R,W�y "' F" 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 cEtirfFIED BRONZE 4 1 RFQ 14 -PW 1 1 HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON*k ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH QUALIFICATIONS 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 RFQ package when it is submitted. Name of Consultant COOPER CARRY, INC. 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.) Not Applicable 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 Not Applicable 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: Not Applicable 2 COOPER CARRY August 21, 2014 Mrs. Honor Motes Purchasing Office City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 RE: Architectural Services for the Milton City Hall RFQ Number 14 -PW 11. Dear Mrs. Motes and Members of the Selection Committee: Fa KI O. COOPER CARRY COOPER CARRY recognizes that the development of Milton City Hall is of immense importance to the citizens of Milton. At its core, it will be a place for the people's business to be done; but, it will also act as a civic anchor to a fast growing city. tiiTe have assembled a team of experts who understand and respect this importance and who are dedicated to the project's success. COOPER CARRY and Owens Environmental Design have come together to provide thoughtful solutions that will integrate this civic presence into the existing and future fabric of Milton. COOPER CARRY will provide master planning, program verification and/or programming, architecture, and interior design services for Milton City hall. Serving as the Principal -in -Charge and Project Manager, I will have a hands-on approach for your project. I will be die single point of contact for your team as well as die design team. With over 25 years of design experience in civic and government facilities, my expertise lies in working with complex user groups and building consensus among those groups to deliver an on-time and on -budget project. As an expert in his field, Don Reszel, AIA will be charged with verifying your programmatic requirements. Don has over 30 years of programming experience, including some of the facilities for the 1996 Summer Olympic Games. Richard Owens of Owens Environmental Design (OED) will perform landscape architecture design. Richard offers a unique position of vision and insight to serve the Milton City hall development. He comes to the team with two distinct positions of strength—an integral member of die skilled team and as a committed stakeholder within the community—having lived in the area for 27 years. Throughout the years he has provided significant community service as a design professional and as a teacher and coach. Richard was privileged to serve COOPER CARRY as a member of the firm before OED was founded, and lie is positioned to seamlessly connect and collaborate with the COOPER CARRY team in the development of this essential and valuable work. Our team is excited about this opportunity. This is the type of project that speaks to the core of what we at COOPER CARRY are all about. Connecting people to place. Designing environments where the public can be proud of their government. Creating great spaces of enduring quality. It is with great pleasure that we submit our enclosed response. We welcome the opportunity to meet with the selection committee and explain how we can help the City achieve its goals. Sincerely, COOPER CARRY, INC. M. Sean McLendon, AIA Principal 191 Peachtrcc Street xL, Suite 2400 TEL 404 237 2000 Atlanta, Creorgia 3oiot-1-70 1� 1k 4" + 2�- c2-6 n ,r.;Tn r r :r �naK ., >�: rc, ora COOPER CARRY Focused on the innovative design of exceptional places, COOPER CARRY is one of the nation's most dynamic, context - driven design firms. Our projects are crafted to enrich the experience of the people who interact with them for a day or a lifetime. An internationally recognized team of design professionals, with vast experience in a variety of project types, collaborate in the pursuit of excellence through the practice of connective design. Since our founding in 1960, we have steadily built a reputation for our attention to detail, thoughtful design and client service. Each project is a composition of imaginative connections amongst buildings and their components. But it doesn't stop there; as we strive to incorporate our projects' 4 COOPER CARRY interaction with surrounding buildings, communities and the environment, all of which are impacted by each other. Architects, interior designers, landscape architects, planners, environmental graphic designers, and sustainability consultants make up the core disciplines at COOPER CARRY. These professionals work within specialized design studios with expertise in: civic, corporate, higher education, hospitality, k-12 education, mixed-use, office, residential, retail, science + technology and transit, Connectivity is the cornerstone of our architectural, planning and urban design approach. Our design process treats landscape as being equal in importance to buildings and we pursue excellence in landscape design just as carefully. Therefore, we combine architecture and landscape design into a rich composition of functional, thoroughly- connected spaces formed to unite the experience of the inhabitant, celebrating experience of not only the interior, but exterior environment as well. The connective design process assesses the sustainability of materials, the suitability of assembly methods, and the options for organizing buildings and landscapes into compositions which tend to maximize the advantages of solar orientation, v,eather, daylikiting, building conditioning, and other variables that affect the building's environmental performance. And we seek ways to optimize the human experience, thereby elevating the quality of lite Organizational Chart COOPER CARRY - Designer of Record Sean McLendon, AIA Principal -in -Charge Project Manager Seung Ji, RA, LEED AP Nicolia C. Robinson, AICP Project Architect Master Planner Consultants Owens Environmental Design M2H Protection Landscape Architect Physical Security Engineer Conway & Owen Network Technologies (NTI) MEP/FP Engineer IT/AV Engineering Uzun + Case WorkingBuildings Structural Engineer LEED Consultant Hayes, James & Associates ADE Construction Consultants Civil Engineer Cost Consultant for all who come to live, work or play within the space. Our commitment to enviromnentally responsible design is evident in our comprehensive, ongoing in-house education program to support LEED accreditation of team members and provide ongoing programs to increase our command of the techniques of sustainable design. Civic and Government Specialty Practice Group COOPER CARRY'S Civic and Government Specialty Practice Group has been privileged to provide design services to local, state, and federal governments. Our portfolio includes office, conference, training, and judicial facilities in addition to master planned communities. We understand the fiscal responsibility and complex requirements for these projects. Over the course of our experience, we have developed the following guiding principle: the facilities that a society builds, like the laws they pass, generally reflect the values of that society This is particularly true of civic facilities, where buildings are viewed as the most visible symbols that characterize the culture of one age and connect them with another. This linkage establishes our traditions, our visual precedents, and our society's place in history. COOPER CARRY takes care to ensure that rite buildings and their surrounding spaces do not lose their appeal to the public and the people who use them. Such is the role of public architecture. Mm U2 COOPER CARRY Name COOPER CARRY, INC. Address (office from which work will be performed) 191 Peachtree Street NE Suite, 2400 Atlanta, GA 30303 Point of Contact M. Sean McLendon, AIA Principal -in -Charge seanrnclendon@coopercarry.com 404-237-2000 Year Established / {ownership Type COOPER CARRY is a privately - owned corporation, incorporated in ig6o in the State of Georgia. States with Similar'; Design Projects Alabama, California, District of Columbia, Florida, Georgia, Indiana, Maryland, Mississippi, Nebraska, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, & Washington Size of Company &,Staff COOPER CARRY 5 Identification of Key Personnel At COOPER CARRY, the team that starts your project finishes your project. Our team is comprised of licensed architects, programmers, master planners, and interior designers working together to provide comprehensive design documentation and construction administration services. Our team has the depth of experience required in designing and delivering public sector projects. The success of our team continues to be the ability to integrate and implement the creative concepts through sophisticated and refined detailing while delivering complete, coordinated, constructible and cost effective architecture. Our key personnel are listed below. Projects highlighted in blue indicate projects of similar scope where our key personnel and consultants have worked together. M. Sean McLendon, AIA COOPER CARRY Principal -in -Charge / Project Manager Principal With over 25 years of professional design experience, Sean leads COOPER CARRY's civic and government specialty practice groups, specializing in highly secure, design - Education build, government, corporate, and office facilities. Sean has extensive knowledge Master of Architecture & Bachelor of incorporating critical security requirements into building designs. Science, with Highest Honor, Georgia Institute of Technology Select Project Experience Bibb County Courthouse (Programming & Schematic Design), Bacon, Georgia Registered Architect Thomas Jackson Juvenile Justice Center, Bacon -Bibb County; GA Georgia / NCARB Douglas County Courthouse, Douglasville, Georgia NAVFAC Southeast P -RA Integrated Simulation/Training Center, Jacksonville, FL US ACE, Deployment Readiness Training Center, Robins Air Force Base, GA Boy Scouts of America Volunteer Service Center, Atlanta, Georgia Printpack Corporate headquarters, Atlanta, Georgia Seung Hyun Ji, LEED AP COOPER CARRY Project Architect Project Architect With more than 10 years of experience, Seung specializes in the design of government and civic projects. As a Project Architect, he is responsible for quality design and Education construction detailed documents, which includes the day-to-day coordination of all Master of Science, Environmental engineering disciplines with the architectural systems and space requirements. Architecture, Chung :Ang University; Korea Select Project Experience Thomas Jackson Juvenile Justice Center, Macon -Bibb County, GA Master of Science, Sustainable Design, Boy Scouts of America, Cub Adventure Cramp, Bert Adams Scout Reservation, University of Texas C ovlllgtonC, A NAVFAC Southeast P -SA Integrated Simulation/Training Center Jacksonville, FL Registered Architect USACE, Deployment Readiness Training Center, Robins Air Force Base, GA Georgia TD Ameritrade Office Building, Atlanta, GA 6 COOPER CARRY Donald E. Reszel, AIA, LEED AP Program Verification Don is a valuable member of COOPER CARRY's corporate, office, civic and government COOPER CARRY specialty practice groups. He brings over 30 years of architectural design experience Senior Associate with projects in the U.S., Asia, and the Middle East. Don specializes in pre -design services, including facilities programming, program verification, and master planning. Education Master of Architecture & Bachelor in Select Project Experience Architecture, University of Illinois Cherokee County Aquatic Center, Master Plan & Program, holly Springs, t:;A Intergraph Headquarters, Master Plan & Program, Huntsville, AL Registered Architect Smyrna City Hall Program, Smyrna, GA * Georgia I NCARB Smyrna City Police Headquarters Program, Smyrna, GA City of Duluth Town Center Program, Duluth, GA "Deaigned with aprevior� firm. Dorothy Colley, AIA, LEED AP COOPER CARRY Interior Architect Associate Director Dots has more than 20 years of experience in architecture and interior design including programming, space planning, schematic design, design development, and construction Education administration. At COOPER CARRY, Dots has successfully completed many complex Master of Architecture & Bachelor of projects of various building types. She is dae most senior technical person within Science, Georgia Institute of Technology COOPER CARRY'S interior design studio. Registered Architect Select Project Experience Georgia Bibb County Courthouse (Programming & Schematic Design), Macon, GA Thomas Jackson Juvenile Justice Center, Macon -Bibb Count}', GA Cherokee County Aquatic Center, Holly Springs, GA FBI Field Office, LEED-NC Silver, Charlotte, NC GSA Spring Street, DIIS & DOJ Office Building, Atlanta, GA Printpack Corporate I ieadquarters, Atlanta, Georgia Nicolia C. Robinson, AICP COOPER CARRY Master Planner Senior Associate As an architecturally trained planner, Nicolia's experience includes city centers, downtown, transit, mixed-use, waterfront, and neighborhood master planning for Education both public and private clients. Nicolia has successfully managed community and Master of Architecture & Master of downtown revitalization projects to reflect tier belief that connective design must Urban Planning, State University of encompass not only a physical perspective, but a social and economic one as well. She New York at Buffalo has organized and participated in numerous public outreach meetings, charettes, public presentations, community work sessions and stakeholder interviews. Bachelor of Design in Architecture, University of Florida Select Project Experience Thomas Jackson Juvenile Justice Center, Macon -.Bibb County, G.A. Fayetteville Master Plan, Fayetteville, GA Greensboro City Center 2022 Vision, Greensboro, NC Jackson Center City Master Plan, Jackson, MS Mayfaire Town Center, Wilmington, NC Raleigh Downtown Master Plan, Raleigh, NC COOPER CARRY 7 Consultant Information Owens Environmental Design Landscape Architect P.O. Box 624 Alpharetta, GA 30009 Richard Owens Principal (770) 475-7254 Conway & Owen MEP/FP Engineer 1455 Bluegrass Lakes Pkwy, Alpharetta, GA 30004 Noman Khan Electrical Engineer (678) 350-9000 Uzun + Case Structural Engineer 1230 Peachtree Street NE, Suite 2500 Atlanta, GA 30309 Martin Cuadra, Principal (678)553-5200 Hayes, lames & Associates Civil Engineer 4145 Shackleford Road Suite 300 Norcross, GA 3oo93 Mark Bond, President (770) 923-1600 M2H Protection Physical Security 511 Glenbrook Drive, Middletown, MD 21769 Mark Hankewycz President I Principal (240) 422-1568 8 COOPER CARRY Richard Erwin Owens, CLARE, Landscape Architect (34 years of experience) Richard contributes a strong ability to understand land use needs and the capability of each site to accommodate client desires and expectations — and to create desirable places for people to gather in which they experience joy and beauty. Wayne D. Owen, PE, Mechanical/Plumbing Engineer (over 20 years experience) Wayne has worked on city hall projects for clients such as the City of Suwanee and Berkeley Lake. His experience spans commissioning, due diligence audits, and life cycle analysis for building systems. Noman A. Khan, PE, LEED AP, Electrical Engineer (over 20 years experience) Noman has provided design and analysis services on related projects for the City of Suwanee and Berkeley Lake. His experience includes life cycle analysis for building systems, due diligence audits, commissioning, and the LEED certification process. Martin Cuadra, PE, SE, Structural Engineer (over 30 years experience) As a founding principal of Uzun & Case, Martin has experience in structural design and contract administration of various building types. As Structural Principal -in -Charge, Martin will be active and involved through all aspects of this project. His focus will be on conceptual design and overall nroiect auidance. Mark Bond, PE, Civil Engineer (24 years experience) Mark's experience includes municipal and general civil engineering design, commercial and institutional site design, park design, pumping station design, hydrology studies, and drainage designs for a variety of project types. Mark will be responsible for plan preparation and permittinq throuqh local municipalities. Mark M. Hankewycz, CPP, Physical Facility Security Engineer, Planner & Designer (Over 25 years experience) Mark has extensive experience in physical, electronic; and operational security; security planning, risk management; and policy and procedure development. Mark will support the project team in understanding the project security requirements physical facility security enaineerina. • Chestatee River Diving Bell, Dahlonega, GA • Freedom Park, Milton, GA • North Point Community Church, Alpharetta, GA • Veterans Memorial Park/Plaza, Alpharetta, GA • Milton High School, campus master plan, Alpharetta, GA • Carter Presidential Center, Atlanta, GA • GSA Spring Street, DHS & DOJ Office Building, Atlanta, GA • Suwanee City Hall, Suwanee, GA • Berkeley Lake City Hall, Berkeley Lake, GA • Crisp County Courthouse, Cordele, GA • GSA Spring Street, DHS & DOJ Office Building, Atlanta, GA • Suwanee City Hall, Suwanee, GA • Berkeley Lake City Hall, Berkeley Lake, GA • GSA U.S. Citizenship & Immigration Services; Atlanta, GA • Douglas County Courthouse, Douglasville, GA • Jackson County Courthouse, Jefferson, GA • Cherokee County Aquatic Center, Holly Springs, GA • FBI Field Office, Charlotte, NC (LEED Silver) • Oak Hill Child, Adolescent & Family Ctr, Fulton County, GA • Buford Human Services Center, Buford GA • Chattahoochee Point Park, Forsyth County, GA • Athens—Clarke County Jail, Athens—Clarke County, GA • Recreation Center Expansion, Central Park, Forsyth County, GA • McDuffie County Courthouse, McDuff ie County, GA • Central Park Recreation Center Expansion, Forsyth County, GA • Herndon Municipal Center, Herndon, VA • Petersburg Courts, Petersburg VA • St. Mary's County Detention Center, St. Mary's County, MD • Virginia State Capital, Richmond, VA • Kentucky State Capitol, Frankfort, KY • Vance Courthouse, Birmingham, AL Network Technologies ITIAV Engineering 320 South Perry Street Lawrenceville, GA 30046 Jeff Cook President / CEO Workingl3uildings LEED Consultant 1230 Peachtree St. NE Soo Promenade Atlanta, GA 30309 John McFarland Principal (678) 990-4316 ADE Construction Consultants Cost Consultant 1298 Rockbridge Road, Suite A, Stone Mountain, GA 3oo87 Dan Ergle, President (770) 921-2701 Jeff Cook, RCDD, AVIIT Consultant (30 years of experience) During his tenure, Jeff has managed the design and system implementation for over Soo projects, each of which came in on-time or earlier, and over 8o% of which were contracted with a client that returned after their initial project. Jeff will lead the team that designs the IT/AV and building management systems. John McFarland, PE, CCP, CEM, LEED AP SD+C (over 15 years of experience) John is committed to promoting sustainability in projects. He has acted as LEED Consultant, Sustainability Programmer, and has actively commissioned projects since 1998. He has worked as the owner's agent from the design phase through construction and start-up and works effectively with both engineers and contractors, having come from a design/build Dan Ergle, CPE, Cost Consultant (Over 40 years of experience) Dan's construction experience includes engineering, surveying, project management, and estimating. Projects have included municipal facilities, churches, schools, gymnasiums, health care facilities, college facilities, commercial structures of all types, and industrial projects. Project costs have ranged from less than one hundred thousand to over one hundred fifty million. Dan will guide all pricing and reporting during the various design and estimate levels. • Thomas Jackson Juvenile Justice Center, Macon -Bibb County, GA • Cherokee County Aquatic Center, Holly Springs, GA • Stockbridge City Hall, Stockbridge, GA • Carroll County Courthouse, Carrollton, GA • Riverdale Civic Center, Riverdale, GA • Troup County Courthouse, LaGrange, GA • FBI Field Office, Charlotte: NC (LEED Silver) • Cisco Building 6 (LEED Gold) • Martin Luther King Jr. Federal Building (LEED Gold) • General Services Administration Social Security Admin Bldg (LEED Silver) • Thomas Jackson Juvenile Justice Center, Macon -Bibb County, GA • Jackson County Courthouse, Jefferson, GA • Martin Luther King, Jr. Federal Building Renovation, Atlanta, GA • Richmond County Municipal Bldg Renovation & Addition, Augusta, GA • Bibb County Courthouse Renovations, Macon, GA COOPER CARRY believes innovative public design can foster community and strengthen the relationship between civic leadership and private citizens. COOPER CARRY'S civic and government specialty practice group is well versed in the design of public sector institutions and the interplay of public services with the private community. On the following pages, we have provided five examples of relevant experience where COOPER CARRY was the prime designer, providing frill architectural design services in addition to the other design services we offer. COOPER CARRY 9 Project Relevancy • New county courthouse • Full master planning, programming and site selection for future county needs and expansion • Courthouse design and coordination with judges • Establishment of governmental presence, iconic building • Responsive to historic design criteria • Urban and architectural integration with context • Successful integration of public openness, accessibility and security Project Description The 124,000 square foot Jackson County Courthouse includes five courtrooms. Two of these rooms seat approximately 120 people: two smaller courtrooms accommodate up to 104 people. Additional elements of the courthouse include: a public atrium space with a cupola, jury assembly room, several jury deliberation rooms judges chambers witness rooms, attorney conference room and holding cells. The Jackson County Courthouse continues the exploration of the messages of justice, honor, and democracy as articulated in the classical language. 10 COOPER CARRY Seizing upon the owner -driven stylistic requirement, COOPER CARRY's design team selected a strong simple composition and site placement to command rhe presence and respect required. The primary design objective included a sense of stability and permanence in this rural yet fast-growing county. Classical proportioning was carefully studied and implemented throughout all aspects of the design. The Doric Order was selected as die primary portioning system due to its agrarian origins matching diose of Jackson County. Needing to communicate permanence and stability, the sturdiness of the Doric Order sent die more appropriate message over its lighter and more delicate counterparts. The courthouse utilizes an interior atrium as its primary volume and organizational tool. This rigidly -ordered rectangular space provides immediate orientation to all those who enter the courthouse. The full height volume soars three floors to reveal the total organization of the builcling. All major public circulation, vertically between floors and diroughout die individual floors, occurs along die edges of this organizing spatial volume. Awards • Craftsmanship Award of Excellence, Masonry Association of Georgia • Design Excellence, Georgia Chapter American Concrete Institute Project Stats Size: 124,000 SF Construction Cost: $22,000,000 Design Start: 10/15/2002 Design Completion: 7/15/2003 Construction Start: 7/1/2003 Construction Completion: 10/1/2004 Degree of Involvement • COOPER CARRY: Master Panning, Programming, Architecture, Interior Design, and Landscape Architecture • Uzun + Case: Structural Engineer • ADE Construction Consultants: Cost Estimator Reference Mr. Tom Gunnels Trial Court Administrator Judicial Branch of Georgia, loth District 735 James Brown Blvd, Suite 2200 Augusta, GA 30901 (7o6) 821-2387 Project Relevancy • New juvenile courthouse • Full master planning,programming and site selection • Establishment of governmental presence, iconic building • Responsive to historic design criteria • Urban and architectural integration with context • Successful integration of public openness, accessibility and security Project Description The Bibb County Juvenile Justice Center was originally a component of the comprehensive Bibb County Courthouse project. The Juvenile Courts were initially planned to occupy a portion of the courthouse slated for future Superior Courts growth space. I lowever, based on Board of Commissioners' input, the Juvenile Justice Center was split from the main courthouse and designed as a stand- alone facility on a separate parcel adjacent to the DFACS building in Macon. The new site allowed for the renovation of an existing building for other third -party intervention support groups. The Juvenile Justice Center consists of 28,000 square feet that includes three Juvenile Courtrooms, CIerk of Court offices, Public Defender and District Attorney offices, DJJ offices and rite Sheriff's Security Office. n S'G@B! \ t 6 - .® 9/eth"Pe Street ® g g 3 g Project Stats Size 28,000 SF Construction Cost: $5,789,075 Design Start: 4/1/12 Design Completion: 2/23/13 Construction Start: 3/6/13 Construction Completion: 7/30/2014 Note: Construction Delays resulted pending SPLOST approval and the consolidation of Macon and Bibb Counties: Degree of Involvement • COOPER CARRY provided: Master Planning, Programming, Architecture, and Interior Design • Network Technologies: AVAT Engineer • ADE Construction Consultants: Cost Estimator Reference Mr. Steve H. Layson, Assistant County Manager (former Bibb County Chief Administrative Officer) Macon -Bibb County loo Poplar Street Macon, Georgia 31201 478-751`7170 COOPER CARRY 11 Project Relevancy • New public facility • Programming phase included interviews with user groups and community representative • Design process included multiple approvals from end users and county commissioners • Establishment of community based civic architecture • Full master planning to integrate site contest Project Description The recently completed, award winning, Cherokee County Aquatic Center has been very well received and has become a popular destination for the community. This project demonstrates our team's ability to listen to the goals and visions of the city leaders and deliver a project that addressed those issues and exceeded the expectations of the community. The Cherokee County Aquatic Center (CCAC) is a 46,298 square foot indoor aquatic facility with an additional 18,000 square foot outdoor leisure pool and deck area. This facility serves Cherokee County families and provides an asset to the immediate surrounding community 12 COOPER CARRY and Cherokee County as a whole. The center adds a new dimension of recreation opportunities; providing a full range of aquatic programming including competitive and recreational swimming opportunities, learn -to -swim programs, aqua therapy, aquatic exercise classes and more. The CCAC includes the following amenities: • Indoor 50 -meter competition pool with spectator seating for 700 • Indoor 25 -yard recreational pool (therapy, exercise and instruction with warmer water) • Indoor pool side classrooms / party rooms • Spacious lobby and seating areas with pool overlook • Outdoor leisure pool with multiple features, large deck and pavilions • Concession stand serving both indoor and outdoor components • Generous locker rooms and family restrooms Awards • Planning, Design and Development Outstanding New Or Renovated Expanded Park Award -Georgia Recreation and Park Association Project Stats Size: 46,298 SF Construction Cost: $16,19o,000 Design Start:11/1/2o10 Design Completion: 9/2/2o11 Construction Start: 2/7/2012 Construction Completion; 5/9/2013 Degree of Involvement • COOPER CARRY: Master Planning, Programming; Architecture, Landscape Architecture, interior Design, and Environmental Graphic Design • Uzun + Case: Structural Engineer • Network Technologies: AVAT Engineer Reference Mr. Bryan Reynolds, Director Parks & Ree, Cherokee County Recreation and Parks Agency 7545 Main Street, Bldg 200 Woodstock, GA 30188 (770)924-7768 Project Relevancy • New county courthouse • Full master planning, programming and site selection • Courthouse design and coordination with judges • Establishment of governmental presence, iconic building • Responsive to historic design criteria • Urban and architectural integration with context • Successful integration of public openness, accessibility- and security • Efficient long term operations Project Description For the first time in Douglas County's history, the court facilities and the county administrative offices are located in a single facility The 225,580 square foot building unifies and separates the judicial and county administrative spaces by a 40 -foot diameter rotunda that forms the center of the building. The siting of the building provides three public entrances on two different levels. All public entrances are defined by projecting arms of die buildings named for the different attributes of democracy: honor, truth and liberty. The building uses are effectively zoned so that secure court functions are removed from public access and administrative functions are readily accessible. The zoning allows easy and direct access to the public departments. Since both the judicial and County Administrative Offices are included in the project, the design approach centered upon balancing of the programmatic needs and metaphorical messages of each separate component. The resulting building organization and articulation is a direct response to the separate requirements. The judiciary required security and control and the administration required openness and convenience. The building is executed in the classical tradition. Drawing upon the County's agrarian past, the Doric Order was used as the proportioning system throughout the project. The primary space is topped with a dome and cupola that contains a high powered metal halide light fixture that is always on, representing the beacon of justice. Awards • Government Building of the fear, BOMA Atlanta, 2010 • Energy Star, USPA, 2009 • ACI, Award of Excellence • APA; Design Excellence Award • National Terrazzo & Mosaic Association, I lonor Award Project Stats Size: 225,58o SF Construction Cost: $41,000,000 Design Start: to/15/1995 Design Completion: 9/3o/1996 Construction Start: to/15/1996 Construction Completion: 4/1/1998 3/25/14: COOPER CARRY reviewed design changes for security modifications requested by the Douglas County Sheriff's Dept. Current status is pending BOC review. Degree of Involvement • COOPER CARRY: Master Planning, Programming, Architecture, Landscape Architecture and Interior Design • Uzun + Case: Structural Engineer Reference Mr. Mark Price, Facilities Manager CB Richard Ellis 8700 Hospital Drive Douglasville, GA 30134 (770)920-7378 COOPER CARRY T- Project Relevancy • New federal facility with state-of-the- art security • Successful integration of public openness, accessibility and security • Conference and training facilities • LEED-NC Silver Certified Project Description This Government project is a highly secure, dedicated campus serving as the FBI Field Office for Charlotte. The project includes a main office building of approximately 176,000 square feet, a service support annex building, a visitor screening facility, and a secured parking garage. The FI3I Field Office is a protected facility designed to meet Interagency Security Committee (ISC) Security Design Criteria Level 4 requirements with 24/7 on site monitored security. The five story steel frame main office structure is designed to accommodate both perimeter blast protection and structural progressive collapse. The entire site has primary perimeter protection provided by .h-12 14 COOPER CARRY fencing barriers and each entry is crash barrier protected. Public access is through a secured visitor screening facility and all site access must pass through screened access controlled ports. The office building has many user required secure functions including sections of the interior constructed to Secure Compartmented Information Facility (SCIF) functional requirements. Approximately 30% of the office facility is supplied with redundant 24/7 HVAC supported by on site generator equipment. Secured access is incorporated using electronic key pad systems. Office, record storage, task teaming rooms, management suites and 24/7 agent work areas are all part on the building's interior layout. Conference, training and meeting rooms, as well as a complete fitness center are also included in the facility. The project is designed for future expansion and is expected to serve the agency for the next several decades. Project Stats Size: 176,730 SF Construction Cost: $ 42,600,000 Design Start: 2/t/2oog Design Completion: 3/31/2010 Construction Start:l/5/2olo Construction Completion: 6/14/2011 Degree of Involvement' COOPER CARRY: Master Planning, Programming, Architecture, Landscape Architecture, Interior Design, and Environmental Graphic Design Uzun + Case: StructuralEngineer Working Buildings: Commissioning Reference Mr. Randy Roberson VP of Development Highwoods Properties 3100 Smoketree Court, Suite 600 Raleigh, NC 27604 (919) 875-6600 Proposed Design Team Approach The new Milton City Hall project presents enormous opportunities for the citizens of Milton. These opportunities range from creating the language of civic architecture that reflects the community and developing a place that represents the best values of government: efficiency, accuracy and fairness. As such, there are many stakeholders who must be consulted including the citizens of Milton and the officials who will call City Ball home. It is important to gather this information and synthesize it into a built form, not only to reflect Milton City today, but for decades to come. Our approach for delivering your project is a simple one. NNre will assess, interview, listen and produce. Our goal is to promote a consensus driven decision making process that engages City of Milton representatives. Our experience has taught us die best solutions come from parties that work collaboratively to arrive at agreed upon solutions. This team approach will apply to all aspects of the design including: research, programming, master planning and building design. We will begin with a series of workshops that will include Milton's key stakeholders. The first of the workshops will be a kick-off session to accomplish the following objectives: • Establish project goals • Discuss expectations • Identify user representatives • Analyze preliminary programmatic objectives • Understand the desired image for the City Hall • Discuss budget/schedule information This workshop will also include data gathering to establish the City of Milton's desired operational functions for the facility. Data gathered will include population projections to year 2050 in order to understand potential expansion needs. We will also review the City's developed program and make recommendations for alternative approaches. The design team will refine the program information to date and develop organizational strategies. Concurrently, we will begin to explore the characteristics of the site, including enviromnental characteristics and view sheds. tiX,'e will study building placement and deliver options with project benefits defined. The second series of workshops will further develop the program needs through individual interviews with key stakeholders as assigned by City of Milton staff. These interviews will last approximately 30 to 40 minutes each. During these interviews, we will observe the general condition and use of the existing space, understand workflow, adjacencies, review characteristics of the City's operations to identify special facility requirements, establish communications, security and audio visual requirements. We expect to involve our consultant team in the workshops to help develop the design criteria for the building systems. These criteria will inform the conceptual development and cost of the project. The final program will document the details and systems required for each functional space and serve as the baseline for room layout diagrams and will be the foundation for Schematic Design. We will then proceed through the normal project delivery phases of Schematic Design, Design Development, Contract Documents, Bidding/Negotiation and Construction Administration. We design buildings for a people. Through our practice, we have encountered a wide variety of clients. We have found architecture for the public realm to be exciting, yet demanding. We will employ the following methodologies to guide our path as we create the design for your new City Hall. 1. Development Cost NVe understand budgets and cost constraints, and endeavor to help you meet these goals. We will provide you with an initial spreadsheet outlining categories of project costs beyond the construction contract. We will work with you to establish a comprehensive budget beginning with the programming phase. Legal costs, soft costs, moving expenses, special equipment such as telephone equipment, waste disposal equipment, etc., and public art all have a place in the development of the project. The best approach, in our opinion, is to budget for these items as early as possible. 2. Construction Costs / Design Creep We propose to use a cost consultant during the design phases of the project. We have used this approach on the Bibb County Courthouse project among others. The cost consultant will develop initial construction estimates from the Program and a couple of site plan options. These cost reports help designers and stakeholders to evaluate options quickly. The cost consultant will prepare cost estimates at each phase of the design. They will assist during the transition between the design estimate and your general contractor's schedule of values. COOPER CARRY 15 3. Project Communication We have worked for municipalities which employ Program Managers and several who simply assign staff (i.e. - Building and Properties Director) as the key interface between the design team/ general contractor and the Owner. Either approach is valid and can be equally successful. Our goal is to maintain a regular reporting methodology to keep the City of Milton stakeholders informed of the project's design progress. We will issue a design report with current cost estimates, near term schedule, project renderings, updated plans or FTP access to plans. We use a Design Issues Log to track outstanding design issues with responsibilities and timeframes provided. Successful design requires collaboration and participation. We are eager to create a method of communication the works best for die City of Milton. 4. Public Input & Presentations NN,Te will work with von and your stakeholders to determine how decisions will be made and die degree of public input, whether in the form of town hall discussions, workshops and/or formal presentations to the City Council. It is key to establish a working/living schedule that factors in time for public comment, advertisement and awareness and the calendar for public hearings/approvals. In the case of the Bibb County Courthouse projecr, we worked closely with the Chief. Administrative Office and the County Attorney to develop a working design schedule. The design schedule was driven by die County's desire for a SPLOST referendum. Our design deliverables were provided well in advance to allow for County approval by the Board of Commissioners to allow appropriate time to draft the referendum. hG COOPER CARRY 5. Master Planning The proposed site plan for the Milton City Hall prepared by your staff architect suggests a broad initiative for expansion of the commercial areas surrounding the site. We are experts in planning commercial space whether office, retail, hospitality or other uses such as passive/active park space. COOPER CARRY employs experts in each of these disciplines and we routinely work together to design/develop sonic of the most exciting and diverse mixed-use projects in the country. We will work closely with you to maximize the options for future development and can offer density studies which can help you select a master plan that best fits your fiiture goals. 6. Architecture COOPER CARRY has designed projects large and small. We design for you without preconceived ideas. W%e are your agent and endeavor to create a beautiftil and lasting signature for the City of Milton that reflects your goals and sense of place and pride. Z Security Public architecture seeks to be an inclusive and representative emblem of its citizens. It also bears die responsibility of protecting its staff and citizens alike, those who work at or visit the facility. We recognize the importance of physical security for public buildings. We have designed numerous federal facilities for NASA, DOD, DHS, FBI as well as local courthouses. All of these project types require extensive security measures. Many of our federal clients have detailed design and procurement requirements for physical security. We have found that local jurisdictions lack the same level of project requirements. As such, we have proposed a physical security design consultant to assist you with security threat assessment and appropriate level of response through passive and electronic security measures. We would anticipate a review of the consultant's reports and recommendations with the City of Milton Police Department and other stakeholders. ti`'v'e will work with die City to understand other security measures employed at the proposed police facility to ensure commonality of systems (i.e.- card access control, hardware, cameras an screening equipment). Security choices can lead to direct and indirect operational expenses due to police personnel costs dedicated to City Mall security detail. 8. Selection of the Contractor Our design approach for your project is also influenced by the proposed methodology of the contractor. In the past, public projects were procured under a Design -Bid -Build methodology focused on the award to the lowest Bidder. We have seen a dramatic shift over the last ten years toward the Construction Manager at Risk approach where the CM is awarded during the design process. The CM provides pre -construction pricing as the design team continues to develop the design documents. This process allows for real time/market driven cost data from actual subcontractors and helps us to avoid redesign (due to budget issues). Each contracting scenario has its benefits and drawbacks; we recommend you establish the contracting approach early. LEER Experience As a matter of practice, COOPER CARRY pursues sustainable design strategies for all projects. We are committed to sustainable design and understand the delicate relationships between buildings and the natural environment; interior space and the people Rrho use it; and the social impact it has on a community. Our knowledge and experience with designing buildings and sites for LEED certification is a primary focus of our services. We find that through smart site planning and thoughtful design, many projects can easily meet the minimum standards for LEED Certification, substantially reducing the projects overall carbon footprint and impact on the environment. Below is a list of COOPER CARRY's projects that have achieved LEED Certification. GSA Echelon, FBI Jackson Field Office, Jackson, MS Civic / Government Certified 1o/27/2o10 GSAC, Office Building, Charlotte, NC, Charlotte, NC Civic / Government Silver 2/12/2012 Atlanta Community Food Bank, Atlanta, GA Civic / Government Silver 5/2/2oo6 NASA Langley Research Center Headquarters, Hampton, VA Civic / Government Platinum 6/14/2011 NAVFAC Southeast P -8A Integrated Training Center, Jacksonville, FL Civic / Government Gold 8/7/2012 USACE, Deployment Readiness Training Center, Robins Air Force Base, GA Civic / Government Silver 2/26/2013 Regions Bank at Zoo Renaissance, Ridgeland, MS Corporate / Office Gold 10/20/2010 Regions Bank Insurance Space at Zoo Renaissance, Ridgeland, MS Corporate / Office Gold 10/22/2010 TD Bank Corporate Campus, Building A, Greenville, SC Corporate / Office Gold 11/3/2010 TD Bank Corporate Campus, Building B Office, Greenville, SC Corporate / Office Gold 9/10/2010 Cisco Corporate Campus Building 6, Lawrenceville, GA Corporate / Office Gold 7/8/2010 Kilpatrick Townsend, Atlanta, GA Corporate / Office Gold 1/8/2013 Zoo Renaissance at Colony Park, Ridgeland, MS Corporate / Office Gold 6/28/2olo Colonial TownPark 400, Lake Mary, FL Corporate / Office Silver 8/19/2oo8 COOPER CARRY Alexandria Office Interiors, Alexandria, VA Corporate / Office Gold 4/18/2oo8 COOPER CARRY Atlanta Office Interiors, Atlanta, GA Corporate / Office Platinum 3/18/2o10 Kimley Horn & Associates Vero Beach Office, Vero Beach, FL Corporate / Office Silver 9/19/2011 The Regent at 95o North Glebe Road, Arlington, VA Corporate / Office Silver 11/7/2oo8 The George Washington University, VSTC Conservation Facility, Ashburn, VA Higher Education Silver 4/24/2014 University of Georgia, Tate Student Center, Athens, GA Higher Education Gold 11/9/2009 Berry College, Audrey B. Morgan and Deerfield Halls, Mount Berry, GA Higher Education Gold 6/14/2010 Arlington Capital View Renaissance and Residence Inn, Arlington, VA Hospitality Gold 3/30/2012 Embassy Suites Springfield, Springfield, VA Hospitality Certified 4/7/2014 Marriott Marquis, Washington, DC Hot Hospitality Silver 5/15/2014 800 N. Glebe Road, Arlington, VA Mixed -Use Gold 8/1/2012 goo North Glebe Road, Arlington, VA Mixed -Use Gold 7/6/2012 Metropolitan at Midtown, Charlotte, NC Mixed -Use Silver 7/23/2Oo8 Metro 125, New York, NY Residential Silver 9/24/2012 Sarah Smith Intermediate Campus - Phase ll, Atlanta, GA Schools K-12 Silver 4/28/2011 Athens Technical College, Health Sciences Center, Athens, GA Science + Tech Silver 12/16/2o10 Emory University, Mathematics & Science Center, Atlanta, GA Science + Tech Certified 3/29/2005 Gwinnett Technical College, Life Sciences Building, Lawrenceville, GA Science + Tech Gold 7/27/2012 KSU, WellStar College of Health and Human Services, Kennesaw, GA Science + Tech Gold 11/13/2012 SPSU, Engineering Technology Center, Marietta, GA Science + Tech Silver 9/21/2012 SPSU, Engineering Technology Center, Marietta, Georgia Science + Tech Silver 10/25/2012 COOPER CARRY 17 Current Workload • - • • B'!BMInter ! rah Head uarters, Huntsville, rate Construction 1/1/2012 3/1/2013 10/25/2012 10/7/2014 Janus Research Head uarters, Evansrae 7corporatte Desi n 4!1/2014 11/15/2014 10/15/2014 11/1!2015 Park Center, Dunwoody, GA Design/Construction 10/1/2013 12/15/2014 8/1/2014 12/1/2o16 Alpharetta Branch Librar)4 Alpharetta, GA Government Construction 12/15/2011 3/7/14 4/1/2014 5/22/2015 eVestment Headquarters, Marietta, GA Corporate Design 7/14/2014 5/1/2015 2/1/2015 12/30/2015 Intergraph, Norcross Office - FF&E, Corporate p Construction /1 /201 4 7 4 /1 /201 5 5 4 6/18/201 4 9!15!2014 Norcross, GA Edward Andrews Homes Digital Design Office Construction 4/18/2014 7/1/2014 7/1/2014 9/15/2014 Center, Atlanta, GA Georgia State University URSA 3rd Floor Office Design g 8/18/201 4 11/1 /201 5 4 1/1/201 5 4/15!2015 Renovation, Atlanta, GA Regions, Atlantic Center Plaza - Capital Office Construction 6/1/2014 7/18/2014 8/25/2014 11/15/2014 Markets Relocation, Atlanta, GA Hill Center Brentwood, Office, Office Design 8/1/2014 4/1/15 1/1/15 6/3oA6 Brentwood, TN Lake Nona Office Building, Orlando, FL Office Construction 5/17/2013 5/15/2014 6/15/2014 7/1/2015 Lake Nona Parking Deck, Orlando, FL Office Permitting 5/17/2013 8/14/2014 9/15/2014 7/1/2015 RiverPlace Phase III, Greenville, SC Office Construction 1 7/29/2013 7/29/2014 7/15/2014 1 8/15/2015 Litigation COOPER CARRY is a nationally recognized design firm with offices located in Atlanta, Georgia, Alexandria, Virginia, and New York, New York. Although COOPER CARRY'S involvement in claims and lawsuits is infrequent due to the risk management and quality control efforts, litigation in which we are a party does occur from time to time. Therefore COOPER CARRY maintains general commercial and professional liability, workers' compensation and automobile insurance. The limits of these policies are sufficient to cover any outstanding claims or lawsuits, and our legal counsel fully anticipates that any such claims will be resolved well within the policy limits. There are no unsatisfied judgments against COOPER CARRY. In the opinion Of COOPER CARRY management and our attorneys, no claim or lawsuit currently 18 COOPER CARRY pending will have any adverse effect on our ability to perform on this project. Litigation over the past 10 years: Pending • Batson -Cook Company vs. Sarasota Renaissance II. • COOPER CARRY vs. The Mercato, LLP (resolved, dismissal is pending). Closed • Sarasota Renaissance II vs. Batson - Cook Co., et al. • Jeannette Currie and Charlie Currie vs. Jacksonville Avenues, et al. • Cincinnati Insurance Co. vs. COOPER CARRY, et al. • Royal Palace Owner vs. COOPER CARRY, et al. • Julie Snyder vs. Waterford Falls Church II, et al. • I IBA International vs. COOPER CARRY • The BOR vs. I [older Construction Group, et al. • Estate of Dr. Jeffrey Perchick vs. Patriot American I Iospitality, et al. • The Lincoln National Life Insurance Co. vs. Batson -Cook Co., et al. • COOPER CARRY vs. The McClatchy Co., et al. • COOPER CARRY vs. Ravallo Resort Development Co. • COOPER CARRY vs. Outside The Big Box, et al. • COOPER CARRY vs. SQ2897, et al. Non -litigation Claims — Pending • Transit Station — Alleged claims for additional project costs. Non -litigation Claims — Closed • College Dormitory—Alleged MEP design and construction errors resulting in water damage from pipe condensation. • Spa Resort—Alleged MEP design and construction issues. • Hotel/Convention Center—Alleged delay and additional cost claims. Claimant failed to pursue its claims. Cooper Carry's Billing Rates 7Principal Architecture 275.00 Project Director 275.00 Project Manager 14700 - 250.00 Design Architect 135.00 - 200.00 Project Architect 102.00 -195.00 Staff Architect 108.00 -147-00 Architectural Staff 1 -III 93.00 -171.00 Intern Architect ` 48.00-1oo.00 Interior Design Principal 275.00 Director 275.00 Project Manager 195.00 - 200.00 Project Interior Designer 105.00 -135.00 Sr. Interior Designer 105.00 -135.00 Staff Interior Designer 99.00 -105.00 Interior Designer 11-111 90.00 -174.00 Interior Designer I' 69.00 - 96.00 Interior Design Student 50.00 - 75.00 Landscape Architecture & Planning Principal 275.00 Director or Landscape Arch/Planning 175.00 Project Manager 126.00 -16o.00 Certified Planner 93.00 -16o.00 Staff Landscape Architect/Staff Planner 96.00 -150.00 Landscape Designer 1-11 96.00 -150.00 Intern Planner' 69.00 - 99.00 Intern Landscape Designer ` 69.00 - 99.00 Graphic Design Principal 275.00 Sr. Graphic Designer 132.00 Graphic Designer II 99.00 -105.00 Graphic Designer 1 ' 75.00 - 99.00 Intern Graphic Designer' 50.00 - 75.00 Technical Services Specifications Manager 150.00 QA/QC 192.00 Specifications Coordinator 129.00 Consultant reserves the right to modify the hourly rates above for any compensation adjustments made while this Agreement is in effect, but no more than once per calendar year. * Denotes levels which receive overtime pay. Any hourly billing; for work performed by these levels on an overtime basis will be invoiced at 1.5 times the applicable billing rate. COOPER CARRY 19 Consultant Billing Rates Owens Environmental Design DiscipfineV Principal Hbi�i� 150.00 Support Staff 50.00 Conway & Owen Managing Principal 200.00 Principal 175.00 Senior Engineer 150.00 Engineer 125.00 Designer 95.00 Clerical 65.00 Uzun + Case Senior Principal 225.00 Principal 200.00 Associate Principal 180.00 Senior Associate 16o.00 Associate 150.00 Project Engineer 135.00 Engineer 125.00 Draftsman/CADD 95.00 Administration 85.00 M2H Protection Sr. Security Specialist 122.93 Sec. Specialist 101.68 Network Technologies Principal 175.00 Associate/Engineer 135.00 Designer 110.00 AutoCAD/Revit 75.00 Working Buildings Senior Principal 235.00 Principal 185.00 CXA 5 170.00 CXA 4 150.00 CXA 3 130.00 CXA 2 120.00 CXA 1 1 85.00 Admin 170.00 Additional Information Engineer/Principal 1 150.00 Hayes, James & Associates Engineer VI 140.00 Engineer V 120.00 Engineer IV 110.00 Engineer III 100.00 Engineer II 90.00 Engineer I 80.00 Land Planner/Principal 140.00 Land Planner V 125.00 Land Planner IV 100.00 Land Planner 111 90.00 Land Planner II 80.00 Land Planner 1 70.00 Designer III 85.00 Designer 11 75.00 Designer 1 6700 Environmental 90.00 We have review=ed the sample Agreement set forth in the RFQ and accept the outlined subject to mutually agreeable modifications that accurately reflect the parties' duties and obligations of the specific project. COOPER CARRY also acknowledges receipt of Addendum #1. As required, we sent in the signed acknowledgement on August 14, 2014 via e-mail addressed to Mrs. Honor Motes. 20 COOPER CARRY CADD Operator 65.00 Drafter 111 55.00 Drafter II/Intern 50.00 Project Coordinator 80.00 ADE Construction Consultants Principal 125.00 Project Manager/ Senior Estimator 95.00 MEP Estimator 90.00 Estimator 85.00 Clerical/Administrative 5a.0O We have review=ed the sample Agreement set forth in the RFQ and accept the outlined subject to mutually agreeable modifications that accurately reflect the parties' duties and obligations of the specific project. COOPER CARRY also acknowledges receipt of Addendum #1. As required, we sent in the signed acknowledgement on August 14, 2014 via e-mail addressed to Mrs. Honor Motes. 20 COOPER CARRY L COOPER CARRY THE CENTER FOR CONNECTIVE ARCHITECTURE A T L A%'. �, QRK '.'. ",; i 1 N _i T J:,' ria !:2 COOPER CARRY PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL MILTON, GEORGIA PROTECT N0.20140238 CITY OF MILTON 13000 DEERFIELD PARKWAY SUITE 107G MILTON, GEORGIA 30004 REVISED NOVEMBER 24, 2014 PAGE 1 OF 10 PROJECT DESCRIPTION A new two-story City Hall comprised of Departmental office & respective administrative spaces (25,300 GSF- estimated) with a one-story Council Chambers Annex of approximately 6,000 GSF. A new one-story Town Meeting Room facility of approximately 2,200 GSF that will serve as a historical repository and meeting space for use by city and/or constituents. The project site purchased by the City of Milton is bounded by Laconia Trace and a new connector road currently under design by a separate contract with the City of Milton. The site acreage is estimated at approximately 2.5 acres. • Zoning - The project parcel falls within the Crabapple Overlay Zoning District & Form Based Code. • Sustainability — The City of Milton is not currently seeking LEED certification for the project. We will retain Energy Modeling design services for the project to develop energy performance and life cycle costs as requested by the City. • The City Hall ,Annex and the Town Meeting Room will share a new public plaza of approximately 7500 SF. • We anticipate approximately sixty (60) surface parking spaces will be provided for the project based on our discussions with the City of Milton. The surface parking area will be located over the proposed storm water detention facility. • The development of the Milton City Hall project is funded by a $ IOM bond. It is our understanding $1 OM is the stated cost limitation for the total project development inclusive of constructions cost, soft costs and professional fees. Cooper Carry has prepared an initial development budget which outlines the budgeted costs associated with these major expenses. We anticipate construction costs as follows: $6,300,000 for facility costs, $ 400,000 for site work and $225,000 for landscape/hardscape improvements, and $950,000 for the underground storm water detention facility. SCOPE OF BASIC SERVICES It is our understanding the proposed Milton City Hall will be developed on a parcel of land obtained by the City of Milton within the Crabapple area. The existing site boundary, at the time of this proposal, remains undetermined as the street frontage for the parcel will be determined by a new connector roadway which is currently under design by Stantec under the direction of the City of Milton Public Works Department. The current parcel is undeveloped with the exception of a regional storm water detention pond. It is our understanding the City intends to develop an underground storm water detention facility for the existing water volume plus any additional volume incurred by the City Hall project. The City has prepared a revised hydrology report for use by the Civil Engineer for the design of the underground detention facility. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 Our scope of Basic Services includes: PAGE 2 OF 10 1. Architectural, interior design, structural, and MEP/FP design for the two-story Administration building and one-story Council Chambers Annex. 2. Architectural, interior design, structural, and MEP/FP design for the one-story Town Meeting Room Building of approximately 2200 GSF. 3. Civil Engineering for the overall site design including general site layout, tree protection NPDES and utilities for the proposed project. Civil Engineering associated with the proposed U/G storm water detention facility will be provided under a Special Consultant scope of outwork within this proposal. QUALIFICATIONS AND CLARIFICATIONS OF SCOPE AND BASIC SERVICES 1. We will coordinate our services with those services provided by you and your consultants and shall be entitled to rely on the accuracy and completeness of services and information you and your consultants furnished to us. 2. We understand that you have not made any provision to employ fast track or other special construction sequencing techniques. However, the City intends to prepare and release the design of the underground detention facility as an early release package. 3. Cost estimating services for the Project will be provided solely by a Cost Consultant (ADE) through the Design Development phase of the project. The consultant will participate in a transitional meeting with the Construction Manager as they develop the Project's Schedule of Values. COOPER CARRY is entitled to rely upon the accuracy and completeness of the cost estimating services, the budget and estimates in the performance of our services. It is further understood and agreed that COOPER CARRY does not have control over the cost of labor, materials or equipment, over the Construction Manager's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, we cannot and do not warrant or represent that bids or negotiated prices will not vary from the Owner's GMP Cost Limitation or from any estimate of the Cost of the Work prepared by the Cost Consultant or Construction Manager. 4. We will assist you in the formulation of any special inspection and testing requirements applicable to the Project and shall reasonably coordinate with any Special Inspectors you have retained and the Building Officials or Authorities; however, any extensive coordination will be performed as an Additional Service. 5. It is our understanding there are no provisions for Food Service design associated with the project. 6. We will provide a massing model and two professional renderings. Additional renderings or models, if requested, will be submitted as an Additional Service. 7. It is understood and acknowledged that the there are unknown conditions and potential permitting and approval issues that remain unresolved at this time in connection with the proposed U/G storm water detention facility and that COOPER CARRY shall not responsible for costs or delays resulting from such beyond its reasonable control or negligence. VALUE ANALYSIS We will provide value analysis services as part of our Basic Services through the completion of the Design Development Phase. Any such services provided after the Design Development Phase will be performed as an Additional Service and we shall be compensated in accordance with the Additional Services provision of this Proposal. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 PAGE 3 OF 10 LEED® Services in connection with LEED® Green Building Rating System certification or other similar environmental certifications ("Green Certification") are not included in our Basic Services or fee. These services can be provided as an Additional Service upon your request. Should you elect to pursue a Green Certified project, we suggest a meeting with all proposed team members, including you and the Contractor, if selected, to start the process towards determining the level of certification and specific items that will be pursued. ZONING The fee for services concerning the interaction with the Zoning office and administrators is not included in this Proposal. It is understood that the project is zoned for its intended use. Cooper Carry will participate in the Design Review Board process as a part of Basic Services. PROJECT TEAM We propose to use the following team of consultants for Basic Services: Architect: COOPER CARRY Structural: Uzun + Case Engineers MEP: Conway & Owen FP: Conway & Owen (Performance Specifications Only) Civil: Hayes James &Associates Water Intrusion: Williamson & Associates SPECIAL CONSULTANTS AND/OR SERVICES TO SUPPORT DESIGN EFFORT We have identified the following Special Consultants to support the design effort based on discussions with City of Milton: Storm Water Engineering: Hayes James & Associates Landscape Architect: Owens Environmental Design in association with COOPER CARRY Acoustical Consultant: Arpeggio Acoustic Consulting, LLC AV/Comm & Security: Network Technologies, Inc Cost Consultant: ADE Construction Consultants, Inc. FF&E Design: COOPER CARRY Graphic Design: Turpin Design Associates Energy Modeling: Conway & Owen Additional special consultants may be required to support the design effort but are not included in our scope or fee. Required services for these consultants have not been determined at this time. These special consultants include but may not be limited to: PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 Environmental Consultant Geotechnical/Soils Consultant Curtain Wall Consultant Exterior Facade Maintenance Consultant Elevator/Conveying System Consultant Water Feature/Pool/Spa Consultant Traffic/Transportation Planning Inspection and Material Testing Consultant Food Services Consultant Laundry Consultant Special Lighting Consultant Code/Life Safety Consultant LEED Administration Consultant LEED Commissioning Consultant Construction Consultant Site Survey Consultant PAGE 4 OF 10 In the event such special consultants are required to support the design effort and are retained, at your direction, by Cooper Carry, the basic services for any special consultant will be billed to you at a multiple of 1.10 times the special consultant's invoice in order to cover additional professional liability insurance, management and administrative costs. PHASES —BASIC SERVICES COOPER CARRY'S Basic Services will be provided in the following phases: SCHEMATIC DESIGN SERVICES Our services in this phase will begin by conducting a preliminary evaluation of your program, schedule, Project site, and delivery method in order to ascertain the requirements of the Project. Based on this evaluation, we will develop two (2) conceptual planning approaches for your review and input. The schematic design drawings will develop the selected conceptual approach to define the scope of the Project in sufficient detail to present to prospective tenants or lending institutions. Schematic design documents will consist of the following: (a) area site plan, (b) site plan, (c) preliminary building plans, (d) floor plans, (e) elevations, and (f) Two 3D images to illustrate the overall concept. Four (4) meetings during this Phase have been included as part of Basic Services. Additionally, COOPER CARRY will provide a preliminary pricing package. The cost consultant will provide a cost estimate based on the schematic package. Estimated duration of this Phase is eight (8) weeks. DESIGN DEVELOPMENT SERVICES This phase will commence upon your approval of the Schematic Design Documents. Based on the approved Schematic Design Documents, we will develop the Schematic Design Documents into a set of documents that can be used by the General Contractor to confirm the concept budget established for the Schematic Documents. Design Development Documents will consist of the following: (a) Site Plan, (b) Floor Plans, (c) Building Elevations and Sections, (d) Wall Sections and (e) Outline Specifications and/or Building Systems and Materials Description. Four (4) meetings during this Phase have been included as part of Basic Services. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 Estimated duration of this Phase is eight (8) weeks. CONSTRUCTION DOCUMENT SERVICES PAGE 5 OF 10 This phase will commence upon your approval of the Design Development Documents. Based on the approved Design Development Documents, we will develop the Design Development Documents into a set of drawings and specifications that will serve as construction documents and the basis of your construction contract with the General Contractor. These documents will include: (a) Working Drawings, (b) Specifications, (c) General Conditions of the Contract, and (d) Supplemental Conditions of the Contract, if any. Four (4) meetings during this Phase have been included as part of Basic Services. Estimated duration of this Phase is twelve (12) weeks. CONSTRUCTION CONTRACT NEGOTIATION/CONSTRUCTION COST ESTIMATES We understand that you will contract for the construction on a negotiated basis with a General Contractor. The General Contractor will provide pre -construction cost estimating services. The General Contractor will work closely with you and our Design Team throughout DD CD phases of the Project in order to maintain quality and cost control. Our services for this phase will be limited to responding to questions raised about the Construction Documents during this Phase. One (1) meeting during this Phase have been included as part of Basic Services. Estimated duration of this Phase is three (3) weeks. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT This phase will commence (a) when you issue a written "notice to proceed" to the Contractor, or (b) if you have not issued a "notice to proceed" to the Contractor, with the first request by you and/or the Contractor to provide the services described in this Section of this Proposal. Our services in this phase will consist of the administration of the construction contract to facilitate progress of the work. Included in this phase is a review of test reports, a maximum of two (2) reviews for each shop drawing submittal for conformance with design intent, periodic site visits, Application for Payment review and certification, and written reports to you concerning our site visits. The purpose of the periodic site visits is for COOPER CARRY to become generally familiar with the progress and quality of the portion of the Work completed and to determine, in general, if the Work being observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, COOPER CARRY shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The following number of site visits during construction has been included as part of Basic Services: Architectural - 22 site visits Structural - 6 site visits MEP/FP - 6 site visits Civil - 6 site visits Estimated duration of this Phase is twelve (12) months. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT NO. 20130238 REVISED NOVEMBER 24, 2014 COMPENSATION BASIC SERVICES PAGE 6 OF 10 We propose to provide the identified Basic Services for a fee of Seven percent (7%) of Construction Cost. We have estimated the Construction Cost of the proposed City Hall as follows: PROGRAM COMPONENT ESTIMATED COST Council Chambers $1,020,000 Administrative $4,933,500 Town Meeting $341,000 Site Work (excluding detention) $400,000 Construction Contingency $346,000 PRELIMINARY CONSTRUCTION COST $7,040,500 ESTIMATED DESIGN FEE ($7,040,500 X 7%) $492,835 Progress payments for each phase shall be based on the following percentages: PHASE PERCENT AMOUNT Schematic Design 15% $73,925 Design Development 25% $123,209 Construction Documents 40% $197,134 Administration of the Construction Contract 20% $98,567 TOTAL PROPOSED FEE 100% $492,835 We propose to provide the identified Special Consultants, in addition to Basic Services, for the following fee schedule: SPECIAL CONSULTANTS AMOUNT As -Built Survey (U/G Detention) $3,600 Renderings & Model $6,500 Energy Modeling $10,500 Stormwater Detention Design $11,500 Landscape & Irrigation $33,600 Hardscape & Plaza $20,000 Cost Consulting $21,500 Environmental Graphics $25,240 FF&E Selection $30,000 AN, Comm & Security $38,760 Acoustical $5,100 TOTAL SPECIAL CONSULTANTS $206,300 PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 PAGE 7 OF 10 Note: Special Consultant fees will be billed monthly on a percent complete basis. ADDITIONAL SERVICES Services provided by COOPER CARRY beyond those proposed herein are Additional Services and will be provided on an hourly basis in accordance with the rate schedule attached as Attachment "A." Additional Services shall include, but are not limited to, services necessitated by a change in the initial Project information, previous instructions or approvals given by the Client, or a material change in the Project, including size, quality, complexity, the Client's schedule or budget, or procurement method. If requested, we will provide estimates for these services for your authorization prior to proceeding with the additional service work effort. 2. Additional Services, beyond those Special Consultants listed above, provided by any consultants will be billed to you at a multiple of 1.10 times consultant's invoice. Additional Services will be billed monthly based on services rendered. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by COOPER CARRY or our consultants in the interest of the Project. Reimbursable expenses include such items as transportation and authorized out-of-town travel and subsistence (including mileage at the current IRS allowable rate); long distance services, dedicated data and communication services, teleconferences, project websites and extranets; fees paid for securing government approvals; printing, reproductions, plots, standard form documents; postage, handling and delivery; costs associated with overtime work including overtime HVAC and meals; renderings, models, mock-ups, professional photography, and presentation materials; preparing digital data for transmission; and any other similar Project -related expenses. Reimbursable Expenses will be billed on a monthly basis. The Reimbursable Expenses for the project will be based on a Not -to -Exceed amount of Forty -Five Thousand Dollars and no/100 ($45,000.00). GENERAL TERMS AND CONDITIONS TERMS AND FORM OF AGREEMENT: The terms of this Proposal shall be binding upon the Client and COOPER CARRY and their respective heirs, executors, administrators, successors and assigns. Subsequent to the acceptance of this Proposal, the Scope of Services, General Terms and Conditions and any additional terms mutually acceptable to Client and COOPER CARRY will be documented in the Ciyt of Milton's Agreement for Architectural Services with mutually agreed upon modifications. If for any reason the Client fails to accept in writing this Proposal, any conduct by the Client that recognizes the existence of a Contract pertaining to the subject matter of this Proposal shall constitute the Client's acceptance of the Proposal. All attachments to this Proposal are expressly incorporated herein by reference. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 PAGE 8 OF 10 DIGITAL DATA: COOPER CARRY shall prepare a three-dimensional representation in electronic format of the physical and functional characteristics of the Project though the LOD 300 Level of Development ("the Model"). Upon the completion of the Construction Document Phase, the Model shall be delivered to the Client and shall become the property of the Client, provided the Client substantially performs its obligations, including prompt payment of all sums when due. The Client shall not use or authorize any other person to use the Model on other projects. This conveyance shall not deprive Cooper Carry of the right to retain electronic data or other reproducible copies of the Model or the right to reuse information contained in them in the normal course of the Cooper Carry's professional activities. Notwithstanding any provision herein to the contrary, Cooper Carry shall retain its rights to all proprietary and/or standard elements contained within the Model, including Revit families and standard details generated, created or authored by Cooper Carry for its repeated, regular and ongoing use in instruments of service for its clients. Moreover, Cooper Carry does not convey any right in the software or databases used to generate the Model. The Client agrees and acknowledges that the Model is not a substitute for the signed and sealed Contract Documents in printed, hard copy form issued by Cooper Carry. The Client further agrees that the only copies of Contract Documents that may be relied upon are limited to the printed, hard copies that are signed and sealed by Cooper Carry. Moreover, information or data obtained or derived from the Model shall not be used to create Shop Drawings or other submissions; provided, however, they may be used as Shop Drawing backgrounds. In all cases the hard paper Construction Documents shall be given precedence in the event any discrepancies between the hard copy documents issued by Cooper Carry and the Model. The Model and any other digital data furnished by Cooper Carry are for the convenience of the Client and for informational purposes only. The Model and any other digital data is being transferred "AS -IS" and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use of the Model will be at the sole risk of the user and without liability, risk, or legal exposure to Cooper Carry or our consultants. The Client agree to release and Cooper Carry, our consultants, and their partners, shareholders, agents and employees from and against any and all claims, demands, losses, expenses, damages, penalties, and liabilities of any kind, including, without limitation, attorneys' fees and disbursements, arising out of or relating in any way to the subsequent use of or modification to the Model by the Client, Contractor, Subcontractor or Client's consultants. WAIVER OF CONSEQUENTIAL DAMAGES: COOPER CARRY and the Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Proposal or Project. GREEN CERTIFICATION: In the event the Client decides to pursue LEEDS Green Building Rating System certification, or other similar environmental certifications (collectively "Green Certifications"), the Client acknowledges that Green Certifications utilize certain design and usability recommendations on a project in order to promote an environmentally friendly and energy efficient facility. In addressing these guidelines, COOPER CARRY shall perform our services with that degree of skill and care ordinarily exercised by similarly situated members within our profession, involved in the design of similar projects in the same locale as the Project. The Client acknowledges and understands, however, that Green Certifications are subject to various and possibly contradictory interpretations. Furthermore, compliance PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT No. 20130238 REVISED NOVEMBER 24, 2014 PAGE 9 OF 10 may involve factors beyond the control of COOPER CARRY, including but not limited to the Client's use and operation of the completed Project. COOPER CARRY will use reasonable care consistent with the foregoing standard in interpreting and designing in accordance with desired, specific Green Certification but does not warrant or represent that the Project will actually achieve such certification. COOPER CARRY shall not be responsible for the Contractor's failure to adhere to the Contract Documents and any applicable laws, codes, and regulations incorporated therein, nor for any changes to the design made by the Client without the direct participation and written approval of COOPER CARRY. Likewise, COOPER CARRY shall not be responsible for any environmental or energy issues arising out of the Client's use and operation of the completed Project. The Client acknowledges that if it chooses to pursue Green Certification, the Project may include new or innovative products, technologies or applications in order to accomplish this objective, which may lack a proven long-term history of successful application and, that due to their innovative nature, it is therefore possible that they may not realize their intended objectives, or carry with them collateral consequences. WAIVER: Waiver by either party of a breach of any provisions of this Proposal shall not operate as or be construed as a waiver of any subsequent breach thereof. SCHEDULE It is our understanding that design for this Project will commence within thirty (30) days, and the Services contemplated by this Proposal will be completed no later than eighteen (18) months from the actual start date. This offer is with the understanding that design will continue without major interruption or delay of more than sixty (60) days between design phases. It is assumed the Construction and closeout will take no more than twelve (12) months, with construction start slated for April 2015. Time beyond this anticipated twelve (12) months Construction and closeout period will be billed hourly as an Additional Service. If design does not proceed within sixty (60) days from the date of this proposal, COOPER CARRY may request an adjustment in fees to cover any increases in our costs. CLOSING Please do not hesitate to call if we may answer any additional questions or clarify any issues you wish to discuss further. To confirm your acceptance of this Proposal, please execute in the space provided below and return one original fully executed Proposal to our office. Our entire Design Team enthusiastically looks forward to the possibility of our association on this Project and welcomes an opportunity to discuss any additional concepts or thoughts you may have. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: MILTON CITY HALL PROJECT N0. 20130238 REVISED NOVEMBER 24, 2014 PAGE 10 OF 10 OFFERED BY: COOPER CARRY 191 Peachtree Street Suite 2400 Atlanta, Georgia 30303 M. Sean McLendon, AIA November 24, 2014 Principal ACCEPTED BY: City of Milton 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 Name: Date: Title: Attachments: Attachment A: COOPER CARRY Hourly Rate Schedule Attachment B: AIA B141, 2007 Edition, as modified Attachment C: Site Plan Copies: File #20140238 /A.1 S. Wilson A. Smith Marketing Dept. M:\2014\20140238\a-1 fee proposals\a-1-1 owner-arch\20140238_milton_proposal.doc ATTACHMENT "A" COOPER CARRY'S HOURLY RATE SCHEDULE ARCHITECTURE Principal Project Director Project Manager Design Architect Project Architect Staff Architect Architectural Staff I -III Intern Architect RATE 275.00 275.00 129.00 - 258.00 (Range) 165.00 - 168.00 (Range) 132.00 - 225.00 (Range) 108.00 - 135.00 (Range) 93.00 - 135.00 (Range) 60.00 - 114.00 (Range) INTERIOR DESIGN RATE Principal 275.00 Director of Interior Design 235.00 Project Manager 210.00 - 213.00 (Range) Project Interior Designer 126.00 - 147.00 (Range) Sr. Interior Designer 110.00 - 140.00 (Range) Staff Interior Designer 96.00 - 135.00 (Range) Interior Designer II-III 114.00 - 129.00 (Range) Interior Designer I 75.00 - 96.00 (Range) Interior Design Student 60.00 - 75.00 (Range) LANDSCAPE ARCHITECTURE & PLANNING RATE Principal 275.00 Director of Landscape Architecture 196.00 Project Manager 120.00 -160.00 (Range) Certified Planner 108.00 -141.00 (Range) Project Landscape Architect 114.00 - 120.00 (Range) Staff Landscape Architect/Planning Staff 114.00 - 120.00 (Range) Landscape Designer I-II 96.00 - 150.00 (Range) Intern Planner 72.00 -104.00 (Range) Intern Landscape Designer 72.00 - 104.00 (Range) GRAPHIC DESIGN RATE Principal 275.00 Sr. Graphic Designer 100.00 -150.00 (Range) Graphic Designer II 99.00 - 105.00 (Range) Graphic Designer I 75.00 - 104.00 (Range) Intern Graphic Designer 75.00 - 104.00 (Range) TECHNICAL SERVICES RATE Specifications Writer 150.00 Specifications Coordinator 126.00 Specifications Administrator 75.00 COOPER CARRY reserves the right to modify the hourly rates above for any compensation adjustments made while this Agreement is in effect, but no more than once per calendar year. EXHIBIT "C" PROFESSIONAL LIABILITYAND OTHER INSURANCE EXHIBIT "D" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Milton City Hall Facility 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" 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 Cooper Carry, Inc. (name of contractor) on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification I hereby declare under penalty of perjury that the Number foregoing is true and correct. Executed on _, 201 in (city), Date of Authorization (state). Name of Subcontractor Signature of Authorized Officer or Agent Milton City Hall Facility Name of Project Printed Name and Title of Authorized Officer or City of Milton Agent Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: