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HomeMy WebLinkAboutAgenda Packet CC - 05/04/2015 - City Council 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, May 4, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jerry Dockery, Crabapple First Baptist 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. 15-114) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 4, 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the April 20, 2015 City Council Work Session Minutes. (Agenda Item No. 15-115) (Sudie Gordon, City Clerk) 2. Approval of a Memorandum of Understanding between Georgia Transmission Corporation and the City of Milton for an Access Easement and Placement of a Siren on the Hwy 140 Substation Curtilage. (Agenda Item No. 15-116) (Matt Marietta, Fire Marshal) 3. Approval of a Construction Services Agreement between the City of Milton and New South Construction Company, Inc. to Provide Preconstruction Services for the Design of the New City Hall Facility. (Agenda Item No. 15-117) (Carter Lucas, Assistant City Manager) 4. Approval of the Acquisition of 102.95 SF of Right of Way, 6,749.31 SF of Construction and Maintenance Easement and 7,316.89 SF of Construction Easement at Northwest Corner of the Intersection of Branyan Trail and Lecoma Trace from the City of Milton for $69,600. (Agenda Item No. 15-118) (Carter Lucas, Assistant City Manager) 5. Approval of the Acquisition of 19.975 SF of Right of Way and 2,831.492 SF of Construction and Maintenance Easement at 12690 Crabapple Road from Perimeter Oil Company for a Combined Purchase Price of $40,000. (Agenda Item No. 15-119) (Carter Lucas, Assistant City Manager) 6. Approval of the Acquisition of 0.267 AC of Right of Way and 0.061 AC of Construction and Maintenance Easement at 12655 Birmingham Highway from Danuta Watkins for a Combined Purchase price of $199,380. (Agenda Item No. 15-120) (Carter Lucas, Assistant City Manager) 7. Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the Construction of a Roundabout at the Birmingham Road and Hopewell Road Intersection. (Agenda Item No. 15-121) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation MDA City of Milton Firefighter Appreciation. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 4, 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 15-122) (Stacey Inglis, Assistant City Manager) 2. Consideration of RZ15-10– To Amend Article VII, Division 6, Section 64-1141 – Single Family Uses as it Relates to Lot Coverage. (Agenda Item No. 15-123) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING 1. Consideration to Study/Adopt an Impact Fee Program for the City of Milton. (Agenda Item No. 15-124) (Kathleen Field, Community Development Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board for District 3/Post 2. (Agenda Item No. 15-125) (Mayor Joe Lockwood) 2. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 12) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 15-126) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 4, 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 22) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 15-127) (Carter Lucas, Assistant City Manager) 4. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 22A) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 15-128) (Carter Lucas, Assistant City Manager) 5. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 24) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 15-129) (Carter Lucas, Assistant City Manager) 6. Consideration to Accept an Application for the Abandonment of a Portion of Public Right of Way on Hickory Pass Within the Hickory Crest Subdivision. (Agenda Item No. 15-130) (Carter Lucas, Assistant City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-131) The minutes were provided electronically HOME Of ' ' % F S TA [31. [ S l-[ E D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 27, 2015 FROM: City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between Georgia Transmission Corporation and the City of Milton for an Access Easement and Placement of a Siren on the Hwy 140 Substation Curtilage. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES ONO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ®youl PHONE: 678.242.25001 FAX: 678.242.2499 G een ticu.�a.irE Communit + Uh info@cityofmiltonga.us I www.cityofmiltonga.us �a Y Ern 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ,,8<` To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on April 14, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Approval of a Memorandum of Understanding between Georgia Transmission Corporation and the City of Milton for an Access Easement and Placement of a Siren on the Hwy 140 Substation Curtilage ____________________________________________________________________________ Department Recommendation: Approve the Agreement with Georgia Transmission Corporation for an easement and placement of the tornado siren at the 13330 Arnold Mill Rd. (Ga. 140) site. Executive Summary: Part of the deployment plan for the Milton siren system included a site on Ga. 140 to provide warning for that area. The site was selected for its location and sound propagation as well as for the fact that it was already being used for utility purposes. The site has preliminary approval through the property holder—Georgia Transmission Corporation (GTC)—who is a subcontractor in the Cobb EMC system. The Agreement on the agenda is intended to allow placement of the siren and maintenance access to our siren within the GTC property curtilage but outside of the substation fence line. Funding and Fiscal Impact: This project is already financed through the Capital Projects Fund. Alternatives: This site has been outlined for the placement of a tornado siren and is on a site already in use as a public utility. However, other sites along Ga. 140 could be considered if this site is not accepted. Legal Review: Ken Jarrard – Jarrard & Davis (April 14, 2015) Concurrent Review: Robert Edgar, Fire Chief Attachment(s): Application, Easement Agreement 1 STATE OF GEORGIA COUNTY OF FULTON EASEMENT FOR ONE DOLLAR ($1.00) cash in hand paid, and for other good and valuable consideration, the receipt of which is hereby acknowledged, GEORGIA TRANSMISSION CORPORATION (“Grantor”) hereby grants unto CITY OF MILTON, GEORGIA ( “Grantee”) an easement (“Easement”) subject to the terms hereof over, across and through that certain strip of land in Land Lots 999 and 1000 of the 2nd District, 2nd Section of Fulton County, Georgia, which is illustrated on Exhibit A attached hereto and incorporated by this reference (“Property”). This Easement may be used for the installation, operation and maintenance (which may include replacement) of an outdoor warning siren system. Grantee’s rights shall be non-exclusive, that is, shared with Grantor and any third parties to whom Grantor grants like or similar rights. Grantee hereby agrees to the following terms and conditions to this Easement: 1. The use of the Easement by Grantee shall be at the sole risk and expense of Grantee, and Grantor is specifically relieved of any responsibility for damage to the facilities and property of Grantee resulting or occurring from the use of the Easement by Grantor as it now is or hereafter may be used. 2. Grantee agrees to use the Easement in such a manner as will not interfere with Grantor’s activities and facilities as now or hereafter exist thereon. If it is determined, in Grantor’s reasonable judgment, that Grantee’s use of the Easement does in fact so interfere, Grantee shall take reasonable action necessary to remove such interference. If Grantee refuses or fails to take such action promptly, Grantor may, at its option, remove such interference, and Grantee shall be liable for the reasonable costs of such removal. 3. Grantee agrees that all portions of Grantor’s Property disturbed by Grantee’s use of said Easement shall be stabilized at all times against erosion and/or sediment using Best Management Practices (BMP’s) found in the Field Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission. 4. Grantee acknowledges Grantor’s right and title to the Property, including the Easement area, and the superiority of Grantor’s right to use this Easement, which right shall not be restricted or modified by this permit or Grantee’s use of the Easement. 5. Grantee hereby agrees and covenants not to use and will prohibit agents, employees and contractors of the Grantee from using any tools, equipment or machinery within ten (10) feet of Grantor’s overhead conductors. Grantee agrees to comply with Official Code of Georgia §46-3-30 et seq. (High-Voltage Safety Act), and any and all Rules and Regulations of the State of Georgia 2 promulgated in connection therewith, all as now enacted or hereinafter amended; and further agrees to notify any contractor that may be employed by Grantee to perform any of the work referred to in this Ingress/Egress Easement of the existence of said code sections and regulations and to require said work to be performed in compliance with said code sections and regulations. Grantee further agrees and covenants to warn all persons whom Grantee knows or should reasonably anticipate for any reason may conduct any activity whatsoever in the vicinity of the conductors of the fact that such conductors are ENERGIZED, UNINSULATED, and DANGEROUS. 6. Grantee agrees, to the extent, if any, that it may lawfully do so, to indemnify and save harmless and defend Grantor from the payment of any sum or sums of money to any persons whomsoever (including third persons, subcontractors, Grantee, Grantor, and agents and employees of them) on account of claims or suits growing out of injuries to persons (including death) or damage to property (including property of Grantor) in any way attributable to or arising out of the use of the fee simple property, by Grantee as herein provided, including (but without limiting the generality of the foregoing) all liens, garnishments, attachments, claims, suits, judgments, costs, attorney’s fees, cost of investigation and of defense, and excepting only those situations where the personal injury or property damage claimed have been caused by reason of the sole negligence on the part of Grantor, its agents or employees. 7. Grantee hereby agrees to incorporate in any and all of its contracts and/or agreements, for any work or construction done on or to said described fee simple property, with any and all third persons, contractors, or subcontractors, a provision requiring said third parties, contractors, or subcontractors to indemnify and defend Grantor, its agents and employees as provided for above from payment of any sum or sums of money by reason of claims or suits resulting from injuries (including death) to any person or damage to any property which is in any manner attributable to or resulting from the construction, use or maintenance of Grantee’s facilities, projects or programs conducted on Grantor’s fee simple property herein described, and excepting only those situations where the personal injury or property damage claimed have been caused by reason of the sole negligence on the part of Grantor, its agents or employees. 8. Grantee further agrees to carry insurance coverages, at a minimum, as described in that Certificate of Insurance attached hereto and incorporated herein by reference. 3 In Witness Whereof, Grantor has this _____ day of ________________ , 20____, hereunto set its signs and seals with the intent to bind itself and its organizational successors and successors in title. Signed, sealed and delivered in the presence of: __________________________ Unofficial Witness __________________________ Notary Public [NOTARY] [ SEAL ] GEORGIA TRANSMISSION CORPORATION (AN ELECTRIC MEMBERSHIP CORPORATION) BY: ____________________________ Vice President ATTEST: ________________________ Asst. Secretary [CORP] [SEAL] Signed, sealed and delivered in the presence of: __________________________ Unofficial Witness __________________________ Notary Public [NOTARY] [ SEAL ] CITY OF MILTON, GEORGIA BY: ________________________________ Title: _______________________________ Attest: ______________________________ Title: _______________________________ [CORP] [SEAL] ,> aA 35 a i x'e w .;. pomp®® 0 3 M9 � 1j O p % l'i 1 i I+1 —' N m VQ a a� aP It a i rr m 1 NAM I a_a a e10°1 Me a/ &�ggzglp y 00 a L.o- a R# <"5-_ =$mss= 3az z S& e3aa "3s "q,={Rlz i� " gZ V' K •'n '� a-'� 43 a?3 £ 4'� ¢'�neM s3:FS C u^ n o 1� ;� y - - s�oY�, a ''� 3d� m:. 3S 31" k $ ' a e 8 o ate" Partial 7apographlc Survey a s Civil Engineering, Land Surveying, �fi it veering Ma with Proposed Easement Location for: E stream and wetland Restoration '° ' 13300 Arnold Mill Road 116 N°rth Win sSree! Sw1e A. cumnrvy. FiG. .�0 ' � �'� Stream an°•e� no�ax�owo +..�"a'+�"asos,am ��vy �^ _�^�*°�• Restoration iJ1 HOME OF' IMI L ON*' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 30, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and New South Construction Company, Inc. to Provide Preconstruction Services for Milton City Hall MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: O S 04 /'C - REMARKS �REMARKS () NOT APPROVED (} NO O NO (} NOT APPROVED :k1j1M11,qW © # Your _ PHONE: 678.242.2500 1 FAX: 678.242.2499 Green ,E•,�ti �z- , Community info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on April 29, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and New South Construction Company, Inc. to Provide Preconstruction Services for Milton City Hall ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This project is to provide preconstruction services as they relate to the development of the City Hall plans. This service is a precursor to the overall CM@Risk contract. Breaking out the preconstruction services allows us to begin work on the cost estimation and completion of schematic/Design Development plans while negotiation on the contract for the remainder of the CM@Risk services is completed. During the preconstruction phase the construction manager will provide a number of services leading up to the establishment of the Guaranteed Maximum Price for the development of the facility. At a minimum those services will include: a. Regularly attend project planning and coordination meetings with the City and Contractor, as required. b. Develop a provisional critical-path method (CPM) schedule. c. Develop requirements for safety, quality assurance, and schedule adherence. d. Perform constructability and maintainability reviews at each major design phase submission of the documents. e. Provide detailed construction cost estimates to achieve City’s budget. f. Develop a construction budget to be maintained throughout construction. g. Identify possible value engineering and architecting (life cycle costs) options. h. Provide alternate systems evaluation and constructability studies. i. Maintain and update the Project Schedule. j. Evaluate options for cost implications. k. Assist in permitting processes. l. Develop a Guaranteed Maximum Price (GMP) for construction of the Facility. m. Actively participate in the sustainability evaluation process. Page 2 of 2 In accordance with the city’s procurement process a Request for Proposals (RFP) was issued to provide these services. Seven proposals were received and the selection committee determined that New South Construction Company’s proposal provided the best value for the city based on both qualifications and price. Staff is recommending approval of the construction services agreement not to exceed the amount of $30,000. Funding and Fiscal Impact: Funding for this option is available in a revenue bond fund issued for this project. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (4-3-15) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Construction Services Agreement MILTONS31If D 1001+ PRECONSTRUCTION SERVICES AGREEMENT CITY OF MILTON CITY HALL FACILITY This Agreement made and entered into this day of , in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and New South Construction Company, Inc. (sometimes referred to herein as "CM/GC") having its principle place of business at 1132 West Peachtree Street, Atlanta, Georgia 30309. WHEREAS, the City issued a Request for Proposals (15-PW02) to provide construction management services for the construction of the city hall facility; and WHEREAS, based upon CM/GC's proposal to provide these services as required by the bid documents, the City has selected CM/GC as the most qualified proposer, and WHEREAS, CM/GC has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, CM/GC has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and CM/GC is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and CM/GC, inconsideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A SCOPE OF WORK EXHIBIT B.1 REQUEST FOR PROPOSALS EXHIBIT B.2 RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT 2.0 Scope of Work; Compensation 2.1 The CM/GC agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Suite 107F Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay CM/GC for the services performed and costs incurred by CM/GC upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to CM/GC upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $30,000, except where additional work may be authorized by the City as outlined in this section. 2.3 CM/GC shall take no calculated risk in the performance of the Work. Specifically, CM/GC agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of CM/GC's industry, CM/GC will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the CM/GC and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the CM/GC shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for 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 CM/GC. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 2.7 Bob Buscemi shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative. rJ 3.0 Independent Contractor 3.1. 'Chg4 . shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. 3.2 The CM/GC is an independent Contractor. The CM/GC is not an employee, agent or representative of the City of Milton. The CM/GC shall obtain and maintain, at the CM/GC's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.3 Inasmuch as the City of Milton and the CM/GC are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The CM/GC agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the CM/GC to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The CM/GC shall assume full liability for any contracts or agreements the CM/GC enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The CM/GC covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The CM/GC shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. CM/GC shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the CM/GC, any sub -consultant, anyone directly or indirectly employed by the CM/GC or sub - consultant or anyone for whose acts the CM/GC or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the CM/GC, any sub -consultant, anyone directly or indirectly employed by the CM/GC or sub -consultant or anyone for whose acts the CM/GC or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CM/GC or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The CM/GC 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 CM/GC, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: CM/GC shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the CM/GC's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Covera e. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the CM/GC; products and completed operations of the CM/GC; premises owned, leased, or used by the CM/GC; automobiles owned, leased, hired, or borrowed by the CM/GC. The coverage shall contain no special limitations (not including industry standard limitations and exclusions) on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The CM/GC's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the CM/GC's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the CM/GC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits to the extent that such defense costs are covered by the policy. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the CM/GC for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the CM/GC for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating industry standard Indemnification obligations. (5) Acceptability o C 1 Eisurcrs: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: CM/GC shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by CM/GC'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 CM/GC shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: CM/GC shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Madc Policies: CM/GC 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 on all policies required by this Agreement, except for Professional liability. 6.0 Term; Termination The term of this Agreement shall be from the issuance of the Notice to Proceed by the City and shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non -renewal provided by the City to CM/GC at least thirty (30) days prior to December 31 of the initial term or any renewal term shall automatically renew on January lof each year thereafter until the completion of the project or the termination of this agreement under the terms specified herein, but in no event shall the term of this Agreement extend beyond December 31, 2017. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by CM/GC and CM/GC's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the CM/GC until fully paid by the City. 7.0 Compliance with All Laws and Licenses The CM/GC must obtain all necessary licenses and comply with local, state and federal requirements. The CM/GC shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The CM/GC shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of CM/GC CM/GC accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by CM/GC under this Agreement. To accomplish City's objectives, the City intends to employ a team concept in connection with the development of Construction Documents and construction of the Project. The basic roles and general responsibilities of team members are set forth in general in the Scope of Services but are more fully set forth in the Design Professional Contract (a copy of which has been provided to CM/GC) with respect to the Design Professional (Cooper Cary, Inc.) and in this Agreement with respect to the CM/GC. The City and the CM/GC agree to proceed with the Project on the basis of trust, good faith, and fair dealing, to cooperate fully with each other and shall do all things reasonably necessary to perform this Agreement in an economical and timely manner, including without limitation, consideration of design modifications and alternative materials or equipment, if considered necessary or convenient by the City. The City shall endeavor to promote harmony and cooperation among the City, Design Professional, the CM/GC and other persons or entities employed by the City for the Project. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents See Scope of Work Section 6.5. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CM/GC shall be sent to: New South Construction 1132 West Peachtree Street Atlanta, Georgia 30309 Attn: Huntly Gordon 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the CM/GC or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the CM/GC or successor or on any obligation under the terms of this Agreement. Likewise, CM/GC's performance of services under this Agreement shall not subject CM/GC's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against CM/GC or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the CM/GC 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 CM/GC'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 CM/GC 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 CM/GC 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, CM/GC 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 CM/GC employs or contracts with any subcontractor(s) in connection with the covered contract, the CM/GC 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 CM/GC/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, CM/GC agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where CM/GC 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 CM/GC's and CM/GC's subcontractors' verification process at any time to determine that the verification was correct and complete. The CM/GC and CM/GC'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 CM/GC is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the CM/GC and CM/GC'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 CM/GC or CM/GC'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 CM/GC's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. CM/GC agrees that the employee -number category designated below is applicable to the CM/GC. [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. 10 CM/GC hereby agrees that, in the event CM/GC 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 CM/GC will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the CM/GC agrees that, during performance of this Agreement, CM/GC, 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, CM/GC agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. New South Construction Company, Inc. Signature Print Name Title [AFFIX CORPORATE SEAL] [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 11 SIGNED SEALED AND DELIVERED ?-14�e of: Witness (Corporate Secretary should attest) �N svt: Csle nne _ - �-I� Nota > tai s:. o" N 3A tom srp� o 041NTYG., ���' I?IIIII;II1 ��0 MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED SEALED AND DELIVERED In the presence of- Witness f Witness Notary Public [NOTARY SEAL] My Commission Expires: 12 EXHIBIT "A" SCOPE OF WORK SCOPE OF WORK PRECONSTRUCTION PHASE Section 1. General 1.1 The Basic Services to be provided during the Preconstruction Phase constitute the Preconstruction Phase services. Upon issuance of a Component Change Order, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. In any event, however, the Preconstruction Phase cannot extend beyond the execution of the GMP Change Order. By definition, all services provided after the execution of the GMP Change Order are Construction Phase Services and are included in the GMP. 1.2 In accordance with this Contract, the CM/GC shall participate in the review and development of the design of the Project set forth in the Program and, in coordination with the Design Professional, shall participate in the scheduling of such design work and of construction of the Project, including Components thereof, construction of the Components of the Project under Component Change Orders, and of the entire Project under a GMP Change Order. Nothing herein shall be deemed to impose upon the CM/GC any responsibilities to provide any services constituting the practice of architecture, engineering, or any related design profession except as may be required to complete the design intent as expressed by performance specifications requiring the seal of a specialty consultant. CM/GC shall exercise the professional skill and judgment of a CM/GC in similar circumstances in Georgia in the performance of its construction management services. 1.3 The Services to be provided during the Preconstruction Phase include the preparation of cost estimates (as further described below) for preconstruction services, general conditions, and construction services, and cost evaluation, value engineering recommendations, design analysis, constructability and maintainability reviews, and technical input on methods of construction, materials, details, and bidding formats and types of separate bidding packages for the construction of the Facility, which may include the following items: a. Regularly attend project planning and coordination meetings with the City and CM/GC, as required. b. Develop a provisional critical -path method (CPM) schedule. c. Develop requirements for safety, quality assurance, and schedule adherence. d. Perform constructability and maintainability reviews at each major design phase submission of the documents. e. Provide detailed construction cost estimates to achieve City's budget. f. Develop a construction budget to be maintained throughout construction. g. Identify possible value engineering and architecting (life cycle costs) options. h. Provide alternate systems evaluation and constructability studies. i. Maintain and update the Project Schedule. j. Evaluate options for cost implications. k. Assist in permitting processes. 1. Develop a Guaranteed Maximum Price (GMP) for construction of the Facility. m. Actively participate in the sustainability evaluation process. Section 2. CM/GC Desi -an Coordination Activities 2.1 Local Conditions. The CM/GC shall visit the Facility site(s), become familiar with the local conditions, and correlate observable conditions with the requirements of the Contract Documents. 2.2 Design Coordination Meetings and Review. Utilizing its own review and matters discussed at Design Coordination Meetings, CM/GC shall continuously review the construction documents in accordance with the schedule as they are being prepared and are made available by the Design Professional until the GMP proposal is approved. The principle objectives of the construction document review process are the recommending of alternative solutions whenever such matters affect cost, construction feasibility or schedule without the CM/GC assuming any of the Design Professional's responsibilities for design. The CM/GC should consider life -cycle costs, value engineering analyses and other studies to recommend changes or modifications thereof that will reduce the cost of the Project without reducing quality, or will expedite its completion, or that, in the judgment of the CM/GC, may otherwise be in the best interest of the City. As the Construction Documents progress to completion, the CM/GC is the principle Project Team member positioned to identify conflicts, omissions, or constructability issues in the documents. 2.3 Review and Recommendations. The CM/GC shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical, and structural plans and specifications and shall follow the development of design from Preliminaries through Working Drawings. He shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Design Professional, and City in evaluating alternative comparisons versus long term cost effects. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. He shall furnish pertinent information as to the availability of materials and labor that will be required. He shall submit to the City and Design Professional such comments as may be appropriate concerning construction feasibility and practicality. He shall call to the City's and the Design Professional's attention to any apparent defects in the design, drawings and specifications or other documents. 2.4 Recommendations on Phasing of Components. The CM/GC shall make recommendations to the City and to the Design Professional regarding the division of the Work in the design documents and revisions to facilitate the development of Components of the Work related to the Project, the selection and awarding of Trade Contracts, taking into consideration such factors as the estimated Cost of the Work, time of performance, the availability of labor, long lead-time items, overlapping trade jurisdictions, provisions for temporary facilities, and the reduction of areas of conflict and overlapping in the Work to be performed by CM/GC or by Trade Contractors. 2.5 Sustainable Construction Practices. The CM/GC shall review the contract documents and make recommendations to the City and the Design Professional regarding systems and design materials that are consistent with industry standard sustainable building practices. Those recommendations will include, but may not be limited to, a benefit cost analysis to assist the City and Design Professional in the selection of systems and design materials that may add value to the project. Section 3. Cost Estimates 3.1 Cost Estimates and Constructability Reviews. When the City has sufficiently identified the Project requirements and criteria, and the Design Professional has prepared other basic design criteria, CM/GC shall prepare for the review by the Design Professional and approval of City preliminary construction cost estimates utilizing the unit quantity survey method. During the preparation of the design, the CM/GC shall update and refine this estimate at appropriate intervals as defined herein. 3.2 Construction Cost Estimates. Prepare Construction Cost Estimates setting forth in detail CM/GC's estimate of construction costs, including all Actual Costs and CM/GC Contingency and Fees, at each stage of the design and for the construction of the Project and each Component thereof. Such estimates shall include the cost of safety factors. Such Construction Cost Estimates shall be prepared and updated continually as construction documents are developed and shall be formally submitted to City and to Design Professional when each Component Change Order is issued or at such more frequent intervals as City may reasonably request. 3.3 Reconciled Construction Cost Estimates. Provide to the City reconciled Construction Cost Estimates, consisting of a composite of the separately derived Design Professional's current Statement of Probable Construction Cost and the CM/GC's Construction Cost Estimate, each based upon the Program and design documents prepared by the Design Professional. Reconciled Construction Cost Estimates shall be prepared at the conclusion of the Schematic Design Phase, at the conclusion of the Design Development Phase, when Construction Documents are approximately 50% complete and prior to the submission of the Guaranteed Maximum Price Proposal. If at any time the Design Professional's current Statement of Probable Construction Cost and the Construction Cost Estimate of the CM/GC are, in the CM/GC's judgment, not reconcilable or exceed corresponding components of the Project Budget, the City, the Design Professional and the CM/GC shall confer to resolve such differences and, if such differences cannot be resolved, the CM/GC shall make such recommendations to the City as CM/GC may deem necessary or appropriate to resolve such differences. a. Schematic Design. Within twenty-five (25) calendar days after the Schematic Design documents have been prepared by the Design Professional and approved by City, CM/GC shall prepare for the review by the Design Professional and approval by the City of a more detailed construction cost estimate with supporting data. During the preparation of the Design Development documents, CM/GC shall update and refine this estimate at appropriate intervals agreed to by City, Design Professional, and CM/GC. b. Design Development. Within twenty-five (25) calendar days after the Design Development documents have been prepared by the Design Professional and approved by City, CM/GC shall prepare a more detailed construction cost estimate with supporting data for review by the Design Professional and approval by City. c. Construction Documents. During the preparation of the Construction Documents, CM/GC shall update and refine this estimate at appropriate intervals agreed to by City, Design Professional, and CM/GC. d. Cost Exceeds Previous Estimate. If any estimate submitted to City exceeds previously approved estimates or the Construction Cost Estimate in the Development Budget, CM/GC shall make appropriate recommendations to the City and Design Professional to maintain the development budget. Section 4. Oualitv Control Program 4.1 Responsibility for Quality of Materials and Installation. CM/GC acknowledges that it has full, total, and complete responsibility for providing materials, labor, and all other items necessary for providing the level of quality specified in the Contract Documents. CM/GC agrees that this responsibility is indivisible, non -delegable, non -transferable, and not diminished by any inspections provided by the Design Professional or his consulting engineers, nor by any inspections provided by the City. In recognition of this, CM/GC will prepare for submission and review by the Design Professional, a written program describing the efforts that will be taken to insure the proper quality level is achieved. The program shall be submitted prior to the issuance of a Proceed Order. Section 5, Construction Preparation Period 5.1 Requirement for Project Planning. No physical work will begin on the Facility until the City has received and accepted a GMP proposal from the CM/GC, a CONSTRUCTION MANAGEMENT AGREEMENT has been executed, and the City has issued a Notice to Proceed to the CM/GC. 5.2 Unit Prices 5.2.1 During Preconstruction. Prior to the completion of the Preconstruction phase, the CM/GC shall establish with the City Unit Prices not already set. Examples include additional installation of stormwater management BMPs, any other anticipated Change Order Work that can utilize Unit Prices, or for any items of Work considered necessary by the Design Professional and not established in the Contract Documents. 5.2.2 Calculation of Unit Prices. Unit Prices include all sums for payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss, expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, or injury. Unit prices to cover the addition or reinstallation of stormwater management BMPs shall be calculated by type and linear foot. Unit Prices shall not include any delay costs, as such costs may be added as appropriate pursuant to the Construction Management Agreement. The CM/GC shall certify that the Unit Prices submitted do not exceed current costs in the industry or trade for like services or materials. 5.3 Limitation of Scope. The CM/GC acknowledges and agrees that the Contract Documents are addressed to skilled tradesmen in the construction profession who shall be required to use their special skills and experience, through submittals and shop drawings, to translate the Design Professional's design intent as expressed in the Contract Documents into a completed structure. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. Nothing herein shall be deemed to permit the CM/GC to require of the Design Professional any services that the City is not authorized to require under the terms of the Design Professional Contract. Nothing herein shall be deemed to impose upon the CM/GC any responsibilities to provide any services constituting the practice of architecture, engineering, or any licensed design profession except as may be required to complete the design intent as expressed by performance specifications requiring the seal of a specialty consultant. CM/GC shall exercise skill and judgment in the performance of its construction management services, but does not warrant or guarantee the advice or recommendations furnished with respect to design and does not control, warrant or guarantee any design services performed or furnished by the Design Professional. 5.4 Extent of Responsibility. The CM/GC does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and advice of the CM/GC concerning design alternatives shall be subject to the review and approval of the City, the Design Professional and the Design Professional's consultants. 5.5 Scheduling Objectives Relative to Design. With the Design Professional, coordinate and integrate the Design Professional's design efforts with CM/GC's anticipated preconstruction services. The coordination shall include identification of (i) the Components of the Project (a) for which existing portions will be separated for incorporation into a Component Change Order or (b) for the description of specific components of the Work by a Component Change Order so as to permit the immediate commencement of construction services or to facilitate the sequence of construction to further and without affecting the City's basic objectives, (ii) the sequence in which such Component Construction Documents will be prepared or separated, and (iii) a schedule for completion of such Component Construction Documents that includes the necessary timing for the release of drawings and specifications as needed to support anticipated construction. 5.6 Construction Progress Schedule; Overall Project Schedule. The CM/GC shall submit for review by the Design Professional and approval by the City a Construction Progress Schedule based upon the Design Professional's Preliminary Design and Construction Schedule within sixty days after the Effective Date of the Contract. The Construction Progress Schedule shall be prepared using a CPM (Critical Path Method) process, utilizing a full -featured software package in a form satisfactory to the Design Professional and City, showing milestone dates for receipt and approval of Component Construction Documents and Contract Documents, design coordination meetings, submittal of Component Change Orders, submittal of the GMP Change Order, preparation and processing of shop drawings and samples, and delivery of materials or equipment requiring long lead-time procurement, City's occupancy requirements showing portions of the Project having occupancy priority, Material Completion and Final Completion. It should also include the dates for commencement and completion of the Work required by the Contract Documents, including coordination of mechanical, plumbing, and electrical disciplines, as well as coordination of the various subdivisions of the Work within the Contract. Milestones must be clearly indicated and sequentially organized to identify the critical path of the Project. The Construction Schedule will be developed to represent the CSI specification divisions. It shall have the minimum number of activities required to adequately represent to the City the complete scope of Work and define the Project's (and each Component's) critical path and associated activities. The format of the Construction Progress Schedule will have dependencies indicated on a monthly grid identifying milestone dates such as construction start, phase construction, structural top out, dry -in, rough -in completion, metal stud and drywall completion, equipment installation, systems operational, inspections for Material Completion, the Material Completion Date and Final Completion Date. The CM/GC shall submit, along with the Construction Progress Schedule, the Submittal Schedule for approval by the Design Professional, correlating the associated approval dates for the documents with the Construction Progress Schedule. Upon recommendation by the Design Professional and approval by the City, the Construction Progress Schedule shall become the Overall Project Schedule, which shall be utilized by the Design Professional, City and CM/GC. The CM/GC must provide the Design Professional and the City with monthly updates of the Overall Project Schedule indicating completed activities and any changes in sequencing or activity durations, including approved change orders. However, no changes in milestone dates are to be made without consent of the City and Design Professional which includes approved change orders. 5.7 Long Lead -Time Items. The CM/GC shall recommend to the City and Design Professional a schedule for procurement of long lead-time items that will constitute part of the Work as required to meet the Project schedule. Such items may be proposed as a Component Change Order or procured directly by City. If such long lead-time items are procured by the City, they shall be procured on terms and conditions acceptable to the CM/GC. Upon the City's acceptance of the CM/GC's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the City to the CM/GC, who shall accept responsibility for such items as if procured by the CM/GC. The CM/GC shall expedite the delivery of long lead-time items. Section 6. General Provisions Regarding Construction Documents 6.1 Familiarity with Contract Documents. CM/GC represents that it has reviewed or will review and become familiar with the existing Contract Documents, not later than the commencement of the preconstruction phase. 6.2 Identification of Construction Documents. The Design Professional shall identify the Construction Documents, which shall include, but are not limited to, the Specifications, the Drawings, and all Addenda. The Construction Documents are included within the Contract Documents. 6.3 Correlation and Intent. It is the intention of the City, Design Professional, and CM/GC that the Construction Documents include all items necessary for proper execution and full and final completion of the Work. The Contract and Construction Documents (the Contract Documents) are complementary, and what is required by one is as binding as if required by all. Performance by the CM/GC is required to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the design intent as expressed in the Contract Documents. The intention of the City and the Design Professional is that the Contract and Construction Documents include all labor and materials, equipment, and transportation necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class, or trade of the specifications shall be supplied unless noted on the drawings. 6.4 Arrangement of Specifications. The Specifications are separated into numbered and titled divisions for convenience of reference. Neither the City nor the Design Professional shall assume any responsibility for defining the limits of any subcontracts on account of the arrangement of the Specifications. Notwithstanding the appearance of such language in the various divisions of the Specifications as, "The Plumbing Contractor," "The Electrical Contractor," "The Roofing Contractor," etc., the CM/GC is responsible to the City for the entire Contract and the execution of all of the Work referred to in the Contract Documents. No partial sets of Component Construction Documents or Construction Documents shall be issued by the Design Professional. Any partial documents issued by the CM/GC shall be the responsibility of the CM/GC. 6.5 Conflicts. The following general principles shall govern the settlement of disputes that may arise over conflicts in the Contract Documents: (a) as between figures given on drawings and the scaled measurements, the figures shall govern; (b) as between large-scale drawings and small-scale drawings, the larger scale shall govern; (c) as between the Contract and the Specifications, the requirements of the Contract, as executed, shall govern; (d) as between the Specifications and the drawings, the Specifications shall govern. Conflicts noted shall be reported to the Design Professional. Schedules, lists, indexes, tables, inventories, written instructions, written descriptions, summaries, statements, classifications, Specifications, written selections, or written designations, although appearing on the drawings, are deemed to be and are Specifications. 6.6 Requests for Information (RFI). In the event the Construction Documents are not complete, definite, and clear to skilled tradesmen in the construction professions, or appear to have conflicting information, the CM/GC shall request the Design Professional in writing for additional instructions and shall furnish the City (and the Program Manager, if engaged) a copy of the RFI. With reasonable promptness, the Design Professional shall furnish complete, definite, and clear instructions in writing, or by means of drawings, or both. In the event such additional instructions are given orally for expediency, they shall be confirmed in writing or by drawings or both within five days following the oral instructions. Any such additional instructions shall be consistent with the Contract Documents and reasonably inferable therefrom. The Work shall be executed in conformity with the aforesaid instructions. The Design Professional shall furnish the City copies of all additional instructions issued to the CM/GC. If, because of events beyond its reasonable control, the Design Professional is not able to meet the specified time period, then it is entitled to ask for additional time from the City. 6.7 Effect of Instructions, Bulletins, and Change Orders. No special implication, interpretation, construction, connotation, denotation, import, or meaning shall be assigned to any provision of the Contract Documents because of changes created by the issuance of any (1) Instructions, (2) Bulletin, or (3) Change Order other than the precise meaning that the Contract Documents would have had if the provision thus created had read originally as it reads subsequent to the (1) Instructions, (2) Bulletin, or (3) Change Order by which it was created. Section 7. Com fletiou of Construction 1)(Peu ncnts 7.1 Construction Documents. The City shall cause the Design Professional to prepare and the City shall approve Construction Documents (Working drawings and Specifications) in accordance with the Overall Project Schedule. CM/GC shall provide advice to the Design Professional and the City during the development of Construction Documents so they are prepared in accordance with the Overall Project Schedule, and if the GMP Change Order has been executed, reflect the assumptions set forth therein. The CM/GC shall recommend alternative solutions benefiting the City by reducing construction time, saving construction costs without reducing quality, or enhancing the quality of the Project. 7.2 Construction Document Change Order. Upon completion of Construction Documents consistent with the City's Program and compliant with the assumptions stated in the GMP Change Order and approval thereof by the City, the Design Professional shall submit them to the CM/GC along with a proposed Construction Document Change Order for acceptance first by CM/GC and then by City for the purpose of adding such approved Construction Documents to this Contract. CM/GC shall promptly accept or reject any such proposed Construction Document Change Order, but in any event within thirty (30) days of its receipt. If CM/GC accepts the proposed Construction Document Change Order, then the City shall likewise accept same promptly and in any event within seven (7) business days of CM/GC's acceptance. 7.3 CM/GC's Final Construction Documents Coordination Review. Prior to its acceptance of the Construction Document Change Order, CM/GC shall promptly conduct a final review of the Construction Documents referenced therein for the purposes of recommending to the City and the Design Professional any changes or modifications thereof that will reduce the cost of the Project without reducing quality, or will expedite its completion, or that, in the judgment of the CM/GC, may otherwise be in the best interest of the City. However, the City shall not be required to accept any such recommendations. The CM/GC shall also give notice to the City and to the Design Professional of any errors, inconsistencies, or omissions (including non-conformance with applicable laws, statutes, building codes, rules and regulations) it may discover in the Construction Documents prior to acceptance of the proposed Construction Document Change Order. This review function being a part of the Basic Services, the CM/GC will receive no additional payments or compensation for its review and recommendations. After acceptance of the Construction Document Change Order, CM/GC shall be entitled to additional compensation pursuant to Construction Management Agreement for changes in the work that result from coordination, errors or omissions in the documents, changes due to unforeseen conditions at the site, or changes required by governmental regulatory agencies. CM/GC shall not, however, be liable for any damages resulting from the failure of the Construction Documents to comply with said laws, statutes, building codes, rules, and regulations unless it recognizes same and performs a construction activity knowing it is contrary to same without providing advance written notice of same to the City. CM/GC shall also give notice of any inconsistencies, conflicts, or omissions between said Construction Documents and either (i) the Program and revisions thereto by prior Construction Document Change Orders or (ii) the assumptions set forth in the GMP Change Order that were relied upon by CM/GC in the preparation of the GMP Change Order, including observed inconsistencies, conflicts or omissions between the Construction Documents and any proposed design development of such assumptions. 7.4 Rejection of the Construction Document Change Order. If the Construction Documents referenced in a proposed Construction Document Change Order are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, as specified therein (other than variances due solely to differences in Actual Costs versus estimated costs) and as a result of such variance the performance of the Work described therein will increase the Estimated Cost amount as stated in the GMP Change Order, or will require an extension of the time for Material Completion as stated in the GMP Change Order, the CM/GC may reject the proposed Change Order and give notice of same to the City and the Design Professional setting forth the basis for its rejection of same or stating a proposed increase in the GMP Change Order and its various Components, including, if applicable, the Date for Material Completion, under which the CM/GC would accept said Change Order. Following consultations with the Design Professional and CM/GC, the City shall (i) require the Design Professional, without charge against the GMP Change Order, or its various Components, to revise the Construction Documents so as to make them true developments of the drawings, specifications and other documents relied upon by CM/GC in the preparation of the GMP Change Order, with said revisions to be completed within ten (10) days; (ii) accept the CM/GC's proposed increase in the GMP Change Order and its specified Component(s), including, if applicable, the Date for Material Completion; or (iii) direct CM/GC to proceed with the Work in accordance with the proposed Construction Documents. In the event CM/GC is directed to proceed with the Work in accordance with the proposed Construction Documents, under (iii) above, CM/GC shall be entitled to assert a claim in accordance with the Construction Management Agreement against the City for an increase in the GMP Change Order, including, if applicable, an extension of the Date for Material Completion, provided that such claim by CM/GC is asserted within fourteen (14) days after CM/GC is directed to proceed. If the CM/GC shall accept any proposed Change Order without notice as required by this Paragraph, then no claim shall thereafter be made by CM/GC that the Construction Documents identified therein are not true developments of the assumptions set forth in the GMP Change Order relied upon by CM/GC in the preparation of the GMP Change Order, and as specified therein. 7.5 CM/GC's Option for Redesign of Construction Documents. Prior to its acceptance of any proposed Construction Document Change Order, if the CM/GC gives notice to the City that either (i) the lowest responsible proposal received by the CM/GC from a Trade Contractor to perform the Work described in the Construction Documents exceeds the CM/GC's budget for that Work as set forth in the Construction Budget, or (ii) that no responsible proposal for that Work has been received, then the CM/GC may request a redesign of the Construction Documents pertaining to said Work so long as the redesign is a functional and quality equivalent of the Work forming the basis of the GMP Change Order. The approval of such request for redesign shall be within City's sole and absolute discretion. The architectural fees and costs for a requested redesign that is approved by City shall be paid by the City to the Design Professional and such payment shall be deducted from the Construction Contingency Component of the GMP Change Order. The deduction shall not alter the obligation of CM/GC under the GMP Change Order to perform the construction of the Project within the Guaranteed Maximum Price and any delays resulting therefrom shall not be a basis for an extension of the Date for Material Completion. If such redesign has been made once at the request of the CM/GC pursuant to this Paragraph, the CM/GC shall not request any further redesign with respect to the Construction Documents covered by that proposed Construction Document Change Order. 7.6 Failure to Reject within Time Limits. CM/GC's failure to reject the proposed Construction Document Change Order within the time limitations stated herein shall be deemed to evidence CM/GC's acceptance of same without any claim of variance. 7.7 Site Plan General. The Design Professional is responsible for providing the initial sealed Site Plan as a part of the Contract Documents. During the Pre -Commencement phase, the CM/GC shall review the initial Site Plan and make and submit recommendations for any changes to the initial Site Plan. The CM/GC is required to obtain the land disturbance permit(s) applicable to the City that implement the National Pollution Discharge Elimination System (NPDES) requirements for stormwater management for construction activities from the appropriate issuing authority. Compliance requires that there be properly designed Best Management Practices (BMPs), properly installed BMPs, and inspection and maintenance of the installed BMPs. 7.8 Site Plan Implementation. The Design Professional will depict upon the Site Plan its initial recommendations as to elements of the erosion, sedimentation, and pollution control plan, specifying his recommended design of BMPs for the Project, including stormwater management facilities, and other like matters. It is the CM/GC's responsibility to review the design of the BMPs and submit any changes to the plan, including the CM/GC's desired use of entrances to the Site, CM/GC's trailer(s) location, laydown areas and other similar matters affecting the design and implementation of the BMPs. The Design Professional and CM/GC shall arrive at a final sealed Site Plan for submission to the permitting officials that enables the land disturbance permitting of the Project. The Design Professional and CM/GC shall resolve with the local permitting official any deficiencies by the end of the Preconstruction Phase. EXHIBIT "B1" REQUEST FOR BID HOME OF 'I HE L'BI CAAL{r-e a urr N G OPO,W CITY OF MILTON M I LTOI REQUEST FOR PROPOSAL LS7'AN.I1IIED2tXkl (THIS IS NOT AN ORDER) RFP Number: RFP Title: 15-PWO2 City of Milton City Hall Facility CM(a)Risk Services RFP Due Date and Time: February 11, 2015 CQ? 2:00pm_local time ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Honor Motes City of Milton 13000 Deerfield Pkwy, Suite 107F Milton, Ga. 30004 Issue Date: January 12. 2015 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/Package: City of Milton Bid Number: 15-PWO2 Attn: Honor Motes, Purchasing Office Name of Company or Firm 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions January 23, 2015 @ 5:OOPM Email questions to Honor Motes at Honor. M otes(a,'citvof miltong,N_us OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Offeror Phone Number: Offeror Federal I.D. Number: (Please print name and sign in i Offeror FAX Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE COVER SHEET 1. TABLE OF CONTENTS Offeror's RFP Checklist.............................................................................. ProposalLetter.................................................................... .--.---..... Scheduleof Events..................................................................................... Section 1: Project Overview and Instructions ......................................... Section 2: RFP Standard Information....................................................... Section 3: Scope of Project....................................................................... Section 4: Offeror Qualifications.............................................................. Section 5: Cost Proposal........................................................................... Section 6: Evaluation Criteria................................................................... Section 7: Standard Contract Information ............................................... OFFEROWS RFP CHECKLIST_ The Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. _ Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by -point responses to all sections in a clear and concise manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals 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. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 9. 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 proposal responses are never accepted. rrhis checklist is provided for assistance only and should not be submitted with afferor'O M I LT (D tS4 f SFtiP Ll it IKD W% City of Milton RFP# 15-PW02 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (15-PW02) City of Milton City Hall Facility CM@Risk Services. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here SCHEDULE OF EVENTS EVENT RFP Issue Date Deadline for Receipt of Written Questions DATE January 12, 2015 5 PM on January 23, 2015 Response to Questions by the City ..... January 27, 2015 RFP DUE No Later than 2 PM on February 11, 2015 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting proposals from qualified Construction Management Firms (CM) to manage the construction, provide technical review during the pre - construction period, and provide cost evaluation assistance to the architectural team for the City Hall Facility. The CM firm will assume responsibility for project construction cost by issuing a guaranteed maximum price (GMP) and the GMP will be a contractual obligation. CM will also develop an overall final project schedule, which will be a contractual obligation. In addition, CM will be responsible for methods of construction, safety, and the scheduling and coordination of the work of all construction and miscellaneous contracts required for completion of the project within its predetermined budget and schedule. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror(s) is selected, offeror(s) are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to Honor Motes on or before 5 PM on January 23, 2015. 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 January 27, 2015. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be will be posted alongside the RFP at http://www.cilyofmiltonga.us and http:l/ssi.doas.state.pa.us/PRSapp/PR index.isp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. The City of Milton will select a single CM to supply both pre -construction services and construction services to complete the project and place the City in occupancy of the project in a "turnkey' fashion. The City has contracted with the Architect separately from the CM. It is critical to the success of the project that the selected CM be integrally involved in the design process. The City will require attendance at design team meetings throughout the design phase of the project. The selected CM will begin work with the Design Team on a fixed fee basis to provide pre -construction services as may be outlined in this RFP and further defined in the contract documents. The subsequent construction services will be based on a Guaranteed Maximum Price (GMP) basis. At a given point, the CM will be required to develop a GMP. Once a GMP is agreed to between the City and the CM, the CM is "at risk" for project price, project schedule, and completion of all construction as set forth in the Contract Documents. The CM holds all trade contracts and trade supplier contracts. There is one contingency amount under the GMP. It is the "construction contingency" which is largely under the control of the CM pursuant to the terms of the Agreement, and subject to City's approval which will "not unreasonably be withheld." E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document), 2. City of Milton Proposal Letter (signed), 3. City of Milton Fee Proposal form (information entered), 4. Applicable Addenda Acknowledgement Forms (if necessary), 5. Proof of successful completion of at least three (3) Municipal Facilities completed in the last five (5) years. The total construction cost should be at least eight million ($8,000,000) per project. Additional municipal facilities that do not meet the $8,000,000 construction threshold may also be included if they demonstrate the firm's ability to perform. Demonstrate the firm's successes in on-time and in -budget project delivery. At least two of the projects must have been delivered as CM at risk. Owner and Architect references for each project must be included (affiliation, name, position, and contact information). Firms should specifically highlight the successful completion of projects which involve multiple departments in a single facility, 6. Include documentation of all qualified and adequate professional staff and principals, employed at least three (3) years by the firm, available for assignment to the project. Such personnel shall have had key roles in the projects of the firm's experience as identified within this proposal, 7. Include the following information for projects within the past five (5) years: a. A complete listing of each and every project on which the firm was terminated or failed to complete the work; b. A complete listing of any convictions or fines incurred by the firm or any of its principals for violations of any state or federal law; c. A complete listing of all litigation involving a construction project or contract (excluding personal injury and workers' compensation) whether currently pending or concluded in which the firm was a named party; d. A complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded in which the firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body); e. A complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in which the firm was a named party. 8. Proposal must list their workers compensation modifiers for the past three (3) years, 9. Proposal must include a complete copy of its audited financial statement for the most recent fiscal year, 10. Proposal must include a letter from a surety company that is licensed to do business in the State of Georgia and whose name appears on United States Treasury Department Circular 570 on the surety company's letterhead (or a letter from a surety agent with attorney in fact authority and an original power of attorney accompanying the letter) confirming that it will provide respondent firm with payment and performance bonds on the Project in an amount equal to or greater than 110 per cent of the estimated construction cost of the Project. For the purpose of this section the estimated construction cost to be used is $8,000,000. This letter can either reference the joint venture's bonding or submit separate letters for each individual joint venture partner, 11. Proposal must include a current license showing respondent is licensed as a General Contractor by the State of Georgia, 12. Proposal must include examples of prior experience on sustainable construction and/or LEED certified buildings, 13. Candidates should have the ability to determine GMP without the need for completed design documents. Proposal must include information for at least two (2) Municipal Facilities projects indicating, by project, the GMP and the final construction cost exclusive of owner changes for the projects submitted as experience, 14. Executive summary of your quality control programs, 15. Disclosure Form. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and four (4) copies of each proposal should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:OOPM, local time, February 11, 2015. Facsimile or emalled responses to requests far proposals are not acceptable. City of Milton Attn: Honor Motes Suite 107F 13000 Deerfield Parkway Milton, GA 30004 D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days_. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: Reject any or all Proposals received. The City is not obligated to request clarifications or additional information but may do so at its discretion. The City reserves the right to extend the deadline for submittals or to cancel or modify this RFP at any time. 2. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 3. Not award if it is in the best interest of the City not to proceed with contract execution, 4. The City may elect not to negotiate further with the selected CM at the conclusion of the preconstruction services phase and may elect to terminate, rebid or select other options that may be deemed to be in the best interest of the City, 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. SECTION 3: SCOPE OF PROJECT A. Description of Services In 2014, the City of Milton entered into an Architectural Design Services contract with Cooper Cary, Inc. for the design of the City of Milton City Hall Facility. It is anticipated that the facility will consist of multiple buildings including a 23,000 sf administration building, a 10,000 sf council chambers and a 5,000 sf community building. These buildings will house the following City functions: • Community Development • Finance • Administration • City Clerk • Communications ■ Public Works • Parks and Recreation • IT • Council Chambers • Community meeting room The project site development will include a community open space, public parking, vehicular circulation and on-site above and below ground storm water management. The City is considering the services of a Construction Management Firm (CM) to manage the construction, provide technical review during the pre -construction period, and provide cost evaluation assistance to the architectural team. The CM firm will assume responsibility for project construction cost by issuing a Guaranteed Maximum Price (GMP). The GMP will be a contractual obligation. CM will also develop an overall final project schedule, which will be a contractual obligation. In addition, CM will be responsible for methods of construction, safety, and the scheduling and coordination of the work of all construction and miscellaneous contracts required for completion of the project within its predetermined budget and schedule. The CM will be expected to work closely with the Architect to develop final construction documents and separate bid packages as may be needed. The CM will function as a CM -At -Risk. During Pre -Construction, the CM will be responsible for pricing, value engineering, and maintainability and constructability issues. When the design documents for the project have been developed in sufficient detail, the CM, with the support and assistance of the Architect, will commit to a Guaranteed Maximum Price for all construction and site development. Construction will commence with the issuance of the first bid package while the remaining bid packages are being finalized. The CM shall competitively select construction subcontracts and other work appropriate for competitive selection using cost and other factors. The successful CM can perform work with his own forces, but shall not be eligible to enter into contracts or subcontracts for any of the construction or other services of any nature on the project without the specific approval of the City of Milton. Proposals should demonstrate the experience of the firm and the assigned personnel on projects of similar magnitude and complexity as the proposed project. Firms should demonstrate a depth, knowledge, and resources in principles of contracting, scheduling, contract coordination and compliance, budget control, familiarity with State, County and City laws, ordinances and codes. The Construction Manager should prepare his proposal with the understanding that he will provide, at a minimum, a full time Project Superintendent and an overall Project Manager. The Construction Manager, as a part of his Preconstruction Services, will assist in the development of a strategy for the best approach to the successful completion of the Project as a whole. For example without limitation, the Construction Manager will provide guidance and assistance in the preparation of a schedule, a reliable cost estimate, construction methods and value engineering. B. Construction Budget The construction budget for the project is estimated at $8,000,000 dollars, $6,500,000 for building construction and $1,500,000 for site work. C. Construction Schedule The project shall be completed and ready for occupancy on February 1, 2017. The CM will be responsible for developing the detailed schedule and coordinating activities to complete the project within that timeframe. D. Sustainability Requirement The CM will be responsible for assisting the city in the evaluation of building and site development practices and systems that are consistent with nationally recognized sustainable building standards. The evaluation may include, but not be limited to, the development of life cycle and payback analysis for various design features. E. Scope of Work During Project Phases The CM services shall include a pre -construction design phase, and a construction phase. During the design phase, the CM will provide cost estimates and cost evaluation, value engineering recommendations, design analysis, constructability reviews and technical input on methods of construction, materials, details, and bidding formats and types of separate bidding packages. CM shall issue a GMP backed by a surety bond and the Project shall be constructed within this GMP. CM shall also develop and maintain a master project schedule. During the construction phase, CM will be responsible for methods of construction, safety programs, general conditions, prequalification of potential subcontractors and bidding of all work, certification of work in place and monthly payment requests, coordination and scheduling of all work of all construction contracts and miscellaneous contracts required for the completion of the project within the predetermined budget and schedule. CM will assist City and the Architect in management and administration of the project except that City shall at all times retain complete contractual control of all prime CM and A/E contracts, project funds and disbursements. The Managing Architect shall retain all normal responsibilities for professional design, cost control, schedule and quality assurance including normal construction administration responsibilities. The following is a listing of some of the representative services to be provided by the CM: Design and Pre -Construction Phase n. Regularly attend project planning and coordination meetings with the City and Design Consultant, as required. o. Develop a provisional critical -path method (CPM) schedule. p. Develop requirements for safety, quality assurance, and schedule adherence. q. Perform constructability and maintainability reviews at each major design phase submission of the documents. r. Provide detailed construction cost estimates to achieve City's budget. s. Develop a construction budget to be maintained throughout construction. t. Identify possible value engineering and architecting (life cycle costs) options. u. Provide alternate systems evaluation and constructability studies. v. Maintain and update the Project Schedule. w. Evaluate options for cost implications. x. Assist in permitting processes. y. Develop a Guaranteed Maximum Price. z. Actively participate in the sustainability evaluation process. Biddinq and Award Phase a. Arrange major equipment purchase packages. b. Develop requirements to assure time, cost and quality control during construction. c. Provide a provisional construction schedule (CPM) for issuance with bid packages. d. Identify bidders and generate bidder documents. e. Schedule and conduct pre-bid conferences in conjunction with the Architect. f. Advertise and distribute bidding documents. g. Monitor bidder activity. h. Review and analyze bids. L Award contracts to City approved subcontractors and suppliers. j. Maintain and update the project schedule. Construction Phase a. Maintain qualified and sufficient on-site staff, acceptable to the City, for Construction Management @ Risk. b. Manage the construction of the project. c. Establish and maintain coordinating procedures. d. Develop and maintain a detailed CPM schedule including delivery, approval, inspections, testing, construction and occupancy. e. Complete the works performed by his own forces and supervise the work of subcontractors. f. Provide a Project Safety Plan to meet OSHA requirements. Monitor the subcontractor compliance without relieving them of responsibility to perform work in accordance with the best acceptable practices. g. Conduct and record job meetings. h. Prepare and submit change order documents for approval of the Architect and the City. L Maintain a system for review and approval of shop drawings. j. Maintain records and submit daily reports, bi-weekly reports and formal monthly reports to Architect and the City. k. Maintain quality control and ensure conformity to plans. I. Provide cost control through progress payment review and verifications according to the approved schedule and contract amounts. m. Coordinate post -completion activities, including the assembly of guarantees, manuals, closeout documents, training, and the City's final acceptance. n. Maintain record documents on site. Update and develop on a continuous, basis. o. Surrounding buildings, streets and parking lots must stay in full operation during the entire length of the construction project. p. Coordinate construction activities with the existing building operations and functions. q. Maintain documentation associated with all sustainability efforts. r. Site staging and lay -down areas will be limited. Coordinate construction staging plans with the City and the Architect's Project Team. s. Coordinate with the City and the Architect during the fundamental commissioning of the building. t. Coordinate and schedule the services of City provided independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. u. Develop as -built drawings and deliver to Architect for inclusion into a CADD disk to be submitted by the Architect for maintenance and operations use. v. Coordinate post -completion activities including the assembly of guarantees, manuals, close-out documents, training, and City's final acceptance. Warranty Phase a. Coordinate and monitor the resolution of remaining "punch -list" items. b. Coordinate, monitor and resolve all warranty complaints to the satisfaction of the City and the Architect during the one-year general warranty period. F. Fee Proposal The City may, at its discretion, elect to contract with the CM for the preconstruction and construction services separately. The fees for this project shall be provided in the following format. No other fees, exclusions or exceptions will be considered. The cost proposal shall be submitted in the format provided in Section 5.0 of this RFP. A. Cost Proposal for Pre -Construction Services The proposing CM shall include with the other requirements described above, a fixed Cost Proposal for the Pre -Construction Services. The Cost Proposal shall be a lump sum covering all of the CM's expected costs to complete the work including the Consultant's personnel fees and "reimbursable expenses" and the fees and expenses of all sub - consultants. The Cost Proposal shall be based on the scope of work described herein, and shall not be qualified or subject to exceptions. While fee is an important criterion, a fee skewed unusually low or high relative to the other proposals, or a Consultant's failure to demonstrate the fee is adequate for the required work may result in a reduction in score. B. Cost Proposal for General Conditions The proposing CM shall include a fixed cost proposal for General Conditions. The General Conditions fee shall include all direct, indirect and incidental fees and expenses, project supervision (Executive manager, Project Manager, Assistant Project Manager, Project Engineer, Project Superintendent, etc...) site office and associated costs (trailer rental, telephone, temporary sanitary facilities, ice, water, computers, power, etc...), supplies, delivery services (FedEx, UPS, etc...) cell phones, radios and other items necessary for the completion of this project. C. Cost Proposal for Construction Services The subsequent construction services shall include all expenses associated with the contract documents and the completion of this project outside those fees provided for the preconstruction and general conditions. This fee will be based on a Guaranteed Maximum Price (GMP) basis with the CM's fee included as a percentage of the GMP. This fee shall be expressed as a percentage of the GMP and shall be inclusive of all overhead and profit. SECTION 4a 0,FFEROR QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. SECTION 5: COST PROPOSAL .MILTON*k MUST BE RETURNED WITH PROPOSAL INA SEPARATE SEALED ENVELOPE One (1) original and four (4) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5.0. Print/Type Company Name Here: Preconstruction Services Fee For the preconstruction services provided by the CM, as set for in the General Requirements, the City shall pay to the CM a fixed, lump sum fee for all costs associated with the preconstruction phase of this project. Service Unit l Total Preconstruction Fee I Lump Sum General Conditions The City shall pay to the CM a fixed, lump sum fee for General Conditions associated with this project. The CM shall provide an itemized breakdown of all services and fees included in the General Conditions on a separate sheet(s). Service General Conditions Unit Total [COST PROPOSAL CONTINUED ON THE FOLLOWING PAGE] Construction Services Fee The City shall pay to the CM a percentage fee based on the agreed upon Guaranteed Maximum Price (GMP). Service Unit Fee Percentage Construction Services Fee % Authorized Signature Print/Type Name Date SECTION 6: EVALUATION CRITERIA Following the qualifications process the highest ranking firms have been selected to respond to a Request for Proposal (RFP). The City may elect to conduct a round of interviews with selected firms following receipt of the RFP. The City also reserves the right to issue an RFP to a single firm. Selection will be based on a combination of qualifications and price (consisting of the Pre -construction Fee, General Conditions Fee and Construction Services Fee). At the conclusion of the process the City will then present a contract with the highest -ranked firm. If execution of this agreement with the selected firm is not successful, the City will then present the agreement to the second -ranked proposer, and so on until a satisfactory agreement has been reached. The evaluation committee will review and evaluate the offers according to the following criteria: Proposal Evaluation Criteria Project Staffing 25 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 CM Firm 25 pts • Organization strength and stability • Experience and technical competence on similar projects • Previous experience with CM@Risk delivery method • Previous experience with sustainable development • Proximity and availability of key personnel Project Delivery 20 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 10 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 Evaluation of the CM/GC Cost Proposal 20 pts Optional Points Results and impressions of the CM/GC's presentation and interview 15 pts Maximum Points Available 115 pts SECTION 7: STANDARD CONTRACT INFORMATION 7.0 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. 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. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. Attachment "A" Property Survey LECOMA TRACE f I (50' RNVT06E aEDICATED) u ., (PAVED PRIVATE ROAD), C g'„� •tr; j sus: '• ...:. .,.. �> �h '` �;��� •'' LEGEND /4h y'4 i, i O � �� 'ilk' � , ""•� � f N� •- J� `i �-" ^�• s � ......«n�� A MAI AREA TABLE L-= 3 EXHIBIT "B.2" RESPONSE TO BID/FEE SCHEDULE SuBding Value—Eviidirpgr TrLjsf rjrc,.s jW;!l; CjtV 0f'Njjl4- JLLon - City Hall, #15 -PWC-) Response to Request for Pr-..,.t)osa'l ,A) mv. n evfso tit li cc n5tru ction -(o m EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization New South Construction Company, Inc. Name of Contractor Milton City Hall Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF .201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with New South Construction Company, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Subcontractor Milton City Fall Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: RPIT HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 102.95 SF of Right of Way, 6,749.31 SF Construction and Maintenance Easement and 7,316.89 SF of Construction Easement at Northwest Corner of the Intersection of Branyan Trail and Lecoma Trace from the City of Milton for $69,600. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED {) NOT APPROVED GFF'FATTORNEY APPROVAL REQUIRED: ,r%) YES {) NO r177 ATTORNEY REVIEW REQUIRED: KYES () NO APPROVAL BY GIF -Y ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR:�- REMARKS ®.Your*** PHONE: 678.242.25001 FAX: 678.242.2499 Green *Certifiai* Tnp.1W info@cityofmiltonga.us I www.cityofmiltonga_us CommunityI cliy, 13000 Deerfield Parkway, SUte 107 1 Milfon GA 30004 'e` To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 2, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 102.95 SF of Right of Way, 6,749.31 SF of Construction and Maintenance Easement and 7,316.89 SF of Construction Easement at Northwest Corner of the Intersection of Branyan Trail and Lecoma Trace from the City of Milton for $69,600 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 102.95 SF of right of way, 6,749.31 SF of construction and maintenance easement, and 7,316.89 SF of construction easement are required. The combined purchase price is $0; however, the $69,600 value of the real property can be applied to the city’s share of the required matching funds for this project. According to Federal Code 23 CFR 710.507, real property owned by State and local governments incorporated within a federally funded project can be used as a credit toward the State matching share of total project cost. A credit cannot exceed the State's matching share required by the project agreement. A contribution by a unit of local government of real property which is offered for credit, in connection with a project eligible for assistance under this title, shall be credited against the State share of the project at fair market value of the real property. Funding and Fiscal Impact: The property on Branyan Trail was appraised and the value was approved by Georgia Department of Transportation on April 8, 2015. The fair market value of the acquisition was determined to be $69,600. This value will count toward the City’s 20% local match on project HPP00-0007-00(313) SR 372 Crabapple Rd/Birmingham Hwy Intersection Improvements. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 21A & 22B AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 21A & 22B Tax Parcel ID#: 22400111350266, 22400111350670, 22400111350126 & 22400111350118 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton an option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1135 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the sum of $ 69,600, the undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". * * * * * * * * * * * * * * * * * * * The following conditions are imposed upon the grant of this option: 1) This option shall extend for 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 102.95 Square Feet of Right of Way ___________Linear Feet of Limited Access 6749.31 Square Feet of Construction and Maintenance Easement 7316.89 Square Feet of Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this ______ day of _______________, ________. Signed, Sealed and Delivered in the presence of: ____________________________________(Seal) ______________________________ Witness ______________________________ Notary Public ____________________________________(Seal) Approved-City of Milton HOME OF ' ESTABIJSHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 28, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 19.975 SF of Right of Way and 2,831.492 SF of Construction and Maintenance Easement at 12690 Crabapple Road from Perimeter Oil Company for a Combined Purchase Price of $40,000. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additlonai pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED -G44:Y ATTORNEY APPROVAL REQUIRED: YES () NO ClT-Y-ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY &T- ATTORNEY'] APPROVED O NOT APPROVED PLACED ON AGENDA FOR: yy py 5 REMARKS IkOA� ® -* youm * * PHONE: 678.242.25001 FAX: 678,242,2499 GreE�n ; c'tifi0* 1nfo@cityofm1ltonga.us I www.cityofmiltonga.us + Community it 13000 Deerfield Porkwoy, Suite 107 1 Milfon GA 30004 -' �''s`` To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 28, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 19.975 SF of Right of Way and 2,831.492 SF of Construction and Maintenance Easement at 12690 Crabapple Road from Perimeter Oil Company for a Combined Purchase Price of $40,000 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 19.975 SF of right of way, 2,831.492 SF of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 10 AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 10 Tax Parcel IDN: 22 400111350068 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1135 of the 2nd District, _2nd Section of _Fulton_ County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. $40,000.00 Ott _" For the sum of $-20,386-00 the undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall be irrevocable fora period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. 19.975 Square Feet of Right of Way Linear Feet of Limited Access 2.831.492 Square Feet of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period staled, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. NOTE: Contamination exists on this site. Any future cleanup will be the responsibility of the current property owner. 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'.r'.7 ^Aat`L5� �b SAR:Ee,C«i•nk 'ay M:iFA N�iR a^SHS<RC.�a8^AeaaAR:Ya:SaRCaya pp 8RR:. %a'S_a k-Avd..ackkckzagRE:•vkaa�z_. ..EFicvtlie k k k k k k55 k 5 x k k k k kkk i:F€;kkkkk .�' u :Z L CM v/� HE HOME OF ` ESTARI_ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 28, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.267 AC of Right of Way and 0.061 AC of Construction and Maintenance Easement at 12655 Birmingham Highway from Danuta Watkins for a Combined Purchase Price of $199,380. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED - ATTORNEY APPROVAL REQUIRED. YES O NO -GFm'r'ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY GFT ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS `l ©.0Youlm_ __ *** PHONE: 678.242.25001 FAX: 678.242.2499 `Green `a *C: rr&, * `op 1P0 info@cityofmiltonga.us I www.cityofmiltonga.us+�® Community ;�,;�, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 28, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.267 AC of Right of Way and 0.061 AC of Construction and Maintenance Easement at 12655 Birmingham Highway from Danuta Watkins for a Combined Purchase Price of $199,380 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.267 AC of right of way, 0.061 AC of construction and maintenance easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 15 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 AGREEMENT T4 PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 15 Tax Parcel 0M 22-4161-9134-029-7 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to C_ ity of Milton an irrevocable option to acquire the following described real estate: Right of Way andlor Easement rights through that tract a pa of land located in Land Lot 1134 of the _2nd_ District, —2nd Section of Fulton Count , Georgia, and being more particularly described on Exhibit "A" attached hereto andmadea pari hereof yE r For the sum of $ 781,26600, the ufndersignbd agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected an the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. .267 Acres of Flight of Inlay Linear Feet of Limited Access .461 Acres of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any efaims and demands of all persons whomsoever. 7) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this day of VV 1 Vi Signed, Sealed and Delivered in the preserjoe of: Witness Wolary Public Property Owners Address: TelephonelContact Number: i. J �'���_ �' i �-�O (Seal) ■►�" +r►► (Seal) Approved -City of O 3I�Ah YRF� • w 01tG GE Z4 2017 • sar ■ Air Ct` �'•.,•'�0 Llyi�Q r i h ria- O- ' (und e m yl&) - &A T - e�vere e. +v a cc er f th.+4 da �r 0 HOME OF ' ` x FSTAM ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 28, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement Between the City of Milton and Baldwin Paving Company, Inc. for the Construction of a Roundabout at the Birmingham Road and Hopewell Road Intersection. MEETING DATE: Monday, May 4, 2015 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: K) YES O NO APPROVAL BY CITY ATTORNEY KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS KI 10 youlm 0"Green` ' naea* T =oo PHONE: 678.242.2500 j FAX: 678.242.2499 Grs i r . infofcityofmiltonga.us I www.cityofmiltonga.us �� �� Community d�E�h;� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 28, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for the Construction of a Roundabout at the Birmingham Road and Hopewell Road Intersection ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Birmingham Road at Hopewell Road intersection was identified in the City of Milton Transportation Master Plan as one of the top priority intersections in the city. During the development of the concept plans two viable alternatives were evaluated, a traditional signalized intersection and a roundabout. Based on public input, estimated construction costs, operational characteristics and long term operation and maintenance costs the roundabout was selected for the final design. Based on the final design plans prepared by Pond & Company for the roundabout and in accordance with the city procurement procedures, an invitation to bid was issued by the city. The city received 2 qualified bids for the proposed work which are summarized in Table 1. Staff is recommending approval of a lump sum Construction Services Agreement with Baldwin Paving Company, Inc. in the amount of $1,396,469.78. Table 1. Bid Summary Firm Bid Baldwin Paving Co., Inc. $1,396,469.78 C.W. Matthews Contracting Co., Inc. $1,856,569.14 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the Hopewell @ Birmingham Intersection Improvement Capital account. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee, 4/13/2015 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Construction Services Agreement 1 CONSTRUCTION SERVICES AGREEMENT FOR Hopewell Road/ Birmingham Road Intersection Improvements This Agreement (the “Agreement”) to provide intersection improvements is made and entered into this ___ day of ____, 2015, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), Baldwin Paving Company, Inc., a Georgia corporation with its principal place of business located at 1014 Kenmill Dr NW, Marietta, Georgia 30060-7911 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued an Invitation to Bid for the Hopewell Road/ Birmingham Road Intersection Improvements and WHEREAS, based upon Contractor’s bid to construct the intersection improvements as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (19 Pages); B. Invitation to Bid ITB and Addenda (70 Pages), attached hereto as Exhibit “A”; 2 C. Bid from Contractor dated March 3rd,2015 (22 Pages), attached hereto as Exhibit “B”; D. Performance and Other Bonds, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”, F. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; G. Subcontractor Affidavit, attached hereto as Exhibit “F”; H. Plans and Specifications as Exhibit “G”; I. Final Affidavit, attached hereto as Exhibit “H”, J. Title VI Requirements, attached hereto as Exhibit “I”, K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and L. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the construction of a roundabout at the intersection of Hopewell Road and Birmingham Road in accordance with the plans and specifications prepared by Pond & Company and included herein. Section 3 The Work The Work is specified and indicated in the Contract Documents (the “Work”). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on ___________. Contractor agrees to complete the 3 Project within 280 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor’s Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $1,396,469.78 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are 4 provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the City; provided, however, that the value of each subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor’s receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor’s retainage in the same manner as the subcontractor’s retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor’s work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such 5 form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. D. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. E. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Honor Motes (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. F. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the 6 Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, 7 the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ___________________________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, 8 performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, 9 licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. 10 (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. 11 (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured 12 under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. 13 In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “F”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the 14 subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. 15 O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the 16 Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Birmingham Road and Hopewell Road right-of-way, in order for Contractor to complete the Work. B. City’s Representative Matt Fallstrom shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within two years from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the two-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall 17 pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto 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 18 not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Baldwin Paving Company, Inc. Attn: Mike Demery 1014 Kenmill Drive NW Marietta, Georgia, 30060 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the 19 period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the special provisions of this Section 11(I) and in Exhibit I attached hereto and incorporated herein by reference, in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 20 Baldwin Paving Company, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) _______________________________________ Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” INVITATION TO BID 1 | P a g e CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 15-PW-3 Project Name: Hopewell Road/ Birmingham Road Intersection Improvements Due Date and Time: March 3rd, 2015 Local Time: 2:00pm Number of Pages: 62 ISSUING DEPARTMENT INFORMATION Issue Date: February 4th , 2015 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107F Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Mark Face of Envelope/Package: Bid Number: 15-PW-3 Name of Company or Firm Special Instructions: Deadline for Written Questions February 19th , 2015, 5 pm Email questions to Honor Motes at honor.motes@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 2 | P a g e Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 10 Bid Bond 12 Qualifications Signature and Certification 15 Corporate Certificate 15 List of Subcontractors 16 Contractor Affidavit and Agreement (eVerify) 17 Bid Submittal Form 18 Disclosure Form 21 General Conditions 22 EPD Air Quality Rules 27 Project Specifications 28 Schedule of Events 34 Sample Contract Agreement 35 3 | P a g e DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials 4 | P a g e CITY OF MILTON Invitation to Bid 15-PW-3 The City of Milton is accepting sealed bids from qualified firms for the Hopewell Road /Birmingham Road Intersection Improvements for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on March 3rd, 2015. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (15-PW-3) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is February 19th, 2015 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about February 23rd, 2015. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (15-PW-3) and bid name (Hopewell Road/Birmingham Road Intersection Improvements) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is two hundred eighty (280) calendar days from the date of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 5 | P a g e BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 10-11 3 Bid Bond (3 pages) 12-13-14 4 Qualification Signature and Certification 15 5 List of Subcontractors 16 6 Contractor Affidavit and Agreement (eVerify) 17 7 Bid Submittal Form (3 pages) 18-19-20 8 Disclosure Form 21 9 Qualification sheet listing projects and references as stipulated in this document. Use your own form INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum “purchasing contract” with one firm to be the primary supplier of the Hopewell Road/Birmingham Road Intersection Improvements , 15- PW-3. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. 6 | P a g e INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (section K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to 7 | P a g e the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form util ized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies 8 | P a g e or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). 9 | P a g e COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. 10 | P a g e [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PW-3 Hopewell Road/Birmingham Road Intersection Improvements The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within two hundred eighty (280) calendar days from the Notice to Proceed. 11 | P a g e If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ____________________________ Print Name: ______________________________________ Title: ____________________________ 12 | P a g e [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 14 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 15 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) 16 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ 17 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT “F” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ___________________________ Name of Contractor Hopewell Road/Birmingham Road Intersection Improvements 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: _________________________________ 18 | P a g e [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) Bid Submittal Form Hopewell Road/Birmingham Road Intersection Improvements The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ 19 | P a g e SUPPLEMENTAL UNIT PRICE SCHEDULE Pricing provided on this supplemental sheet is to be used during the contract for additions or subtractions from the lump sum contract amount as directed by the city. ITEM NUMBER ITEM DESCRIPTION UNITS UNIT PRICE 310-1101 Gr Aggr Base Crs, Incl material TN 402-1802 Asphalt Concrete Patching including Bituminous Material & H Lime 3 in. TN 402-3103 Recycled Asphalt Concrete 9.5 MM Superpave GP 2 Only Including Bituminous Material and H-Lime TN 402-3190 Recycled Asphalt Concrete 19 MM Superpave, GP 1 or GP 2 Only Including Bituminous Material and H- Lime TN 402-3121 Recycled Asphalt Concrete 25 MM Superpave, GP 1 or GP 2 Only Including Bituminous Material and H- Lime TN 413-1000 Bitum Tack Coat GL 432-5010 Mill Asphalt Concrete Pavement, Variable Depth SY 441-6012 6” x 24” Conc Curb & Gutter, TP 2 LF 500-3200 Class B Concrete CY 500-3201 Class B Concrete, Retaining Wall CY 603-2024 STN Dumped Rip Rap, TP 1, 24 in. SY 653-0120 Thermoplastic Pavement Marking Arrow, Type 2 EA 653-1704 Thermoplastic Solid Traffic Stripe, 24" White LF 653-2501 Thermoplastic Solid Stripe, 5" White LM 653-2502 Thermoplastic Solid Stripe, 5' Yellow LM 20 | P a g e ITEM NUMBER ITEM DESCRIPTION UNITS UNIT PRICE 653-4501 Skip Traf Stripe, 5" White LF 653-6006 Thermoplastic Solid Traffic Stripe, 8" Yellow SY 700-9300 Sod SY In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE _____________________________________________________ 21 | P a g e [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 22 | P a g e GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK “The City will not be responsible for Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations.” Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS “I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to 23 | P a g e the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. “J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia.” Section 102.08 PROPOSAL Substitute the following for the first GUARANTY sentence “No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City.” Add Section 102.15 ADDENDA AND INTERPRETATION Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid.” Section 102.09 DELIVERY OF PROPOSALS: Add the following as 102.15: “No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 13000 Deerfield Pkwy., Suite 107F Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received 24 | P a g e in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following: “The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties.” Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the CONTRACT BONDS following: “At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. “ Section 103.07 FAILURE TO Delete in its entirety and substitute the EXECUTE CONTRACT following: “Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be 25 | P a g e re-advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate.” SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF Add the following paragraph: RIGHT OF WAY “The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall compl y with all stipulations contained in easements acquired by the Department.” Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE “The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work.” SECTION 109 MEASUREMENT AND PAYMENT Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the Second Paragraph under ‘A. General” As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the following. “Final Payment: Upon completion by the Contractor of the work, including the receipt 26 | P a g e of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” 27 | P a g e ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 . For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX 28 | P a g e Project Specifications Hopewell Road/Birmingham Road Intersection Improvements SCOPE OF WORK The City of Milton Public Works Department, (City), requests that interested parties submit formal sealed bids/proposals for the HOPEWELL ROAD/BIRMINGHAM ROAD INTERSECTION IMPROVEMENTS. The scope of this project generally consists of the addition of a roundabout with other associated roadway, drainage, and shoulder work. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre-Qualified Contractors list. No exceptions. Additionally, the contractor must have completed one roundabout within the past 5 years. The contractor shall submit with the bid a qualification sheet listing projects that meet the experience requirement along with references. List should include project date, location, description, and contact information. The project location is at the intersection of Hopewell Road and Birmingham Road approximately 3 miles west of SR 9 as depicted on the location map. Project Location Location Map 29 | P a g e GENERAL CONDITIONS 1. The contractor shall comply with the plans and specifications for the “HOPEWELL ROAD/BIRMINGHAM ROAD INTERSECTION IMPROVEMENT PLANS” as prepared by Pond (Design Engineer), dated 01/30/2015. The plans may be downloaded at: Final Construction Plans In addition to other standard specifications referenced herein, the bid package includes: a. Construction Drawings; b. Special Provision 163 – Miscellaneous Erosion Control Items; c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation Control Devices; d. Special Provision 171 – Silt Fence; e. Special Provision 700 – Grassing. 2. Where contract documents reference "The Department" or "GA Department of Transportation" or “The Engineer”, it shall also mean "City of Milton." 3. All traffic control measures and detour signage are the responsibility of the contractor. Contractor shall coordinate all work with the City of Milton. 4. Replace, in kind, any vegetation or landscaping damaged during construction. Include cost in the price bid. 5. Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted herein. PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The time of completion for the project is two hundred eighty days (280) calendar days from the date of the Notice to Proceed. If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. Construction will be allowed on Saturday from 9:00 am to 6:00 pm. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 3:00pm, Monday-Friday, unless otherwise approved by the City. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final 30 | P a g e Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and actual quantities may vary from those indicated. This project shall be bid as a lump sum contract and it is the responsibility of the contractor to inspect the project site prior to submitting their bid to ensure final quantities. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. EROSION CONTROL It is the responsibility of the contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. The contractor shall serve as the Primary Permittee for this project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the contractor throughout the duration of the project. The contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Call “811 Know what’s below Call before you dig.” Locate, maintain and protect existing utilities at all times during construction. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes 31 | P a g e entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. The contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the upcoming lane closure(s). These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be three (3) variable message boards, (one in each direction). All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor’s expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the contractor is to provide power brooms, vacuum 32 | P a g e sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. SAFETY Beginning with mobilization and ending with acceptance of work, the contractor shall be responsible for providing a clean and safe work environment at the project site. The contractor shall comply with all OSHA regulations as they pertain to this project. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except as may be directed on the plans or to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. Areas where curb and gutter exists shall be edge milled to a distance of 6 feet from the edge of the gutter to provide a level transition from the final paved surface to the top of the gutter pan. Depth of the edge milling at the gutter shall be equal to the depth of the final asphalt topping coarse. 33 | P a g e A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be remilled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor’s operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of the project. Bituminous tack is not measured as a separate pay item. AC-20 or AC-30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. 34 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Date: Release of ITB 2/4/2015 Deadline for Written Questions 2/19/2015 @ 5:00 PM *Submit via E-Mail to Honor Motes of Purchasing Office City of Milton Addendum (on or about) 2/23/2015 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 3/3/2015 @ 2:00PM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite-107F Milton, Ga. 30004 Tentative Contract Award (On/about) 4/13/2015 Notice to Proceed Issued (On/about) 4/14/2015 35 | P a g e Reference Only Subject to change SAMPLE CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 20____, by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the “City”), and XXXXXX, a _________________ with its principal place of business located at XXXXXXX (hereinafter referred to as the “Contractor”) (collectively referred to herein as the “Parties”). W I T N E S S E T H: WHEREAS, the City issued a Invitation to Bid, dated XXXXXXXXXXXX, for services generally described as XXXXXXX; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid in response to the Invitation to Bid for XXXXXXXXXXXXX, the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit “A” (including the Project Specifications); C. Bid Documents from Contractor dated ________________ attached hereto as Exhibit “B”; D. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”; 36 | P a g e F. Final Affidavit, attached hereto as Exhibit “E”; G. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; H. SAVE affidavit attached hereto as Exhibit “H”; J. Key Personnel, attached hereto as Exhibit “J”; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description The Project is defined generally as follows:. Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the p rovision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City’s issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within XXXX days from the date of the City’s issuance of a written Notice To Proceed. Section 5. Contractor’s Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed ____________, except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise a greed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contracto r may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten 37 | P a g e percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon comp letion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. The City may withhold payment or final payment f or reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Changes A. “Change order” means a written modification of the Contract Documents, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive 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 or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000.00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 38 | P a g e C. Expertise of Contractor Contractor accepts the relationship of trust and confiden ce established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Pr oject in accordance with the City’s requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations t hat in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the full cost of correcting the Contractor’s negligent or improper Work, the negligent or improper work of its contractors and subcon tractors, and any harm caused by such negligent Work. The Contractor’s duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contract or discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor’s opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, pla ns, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, 39 | P a g e fitness, suitability, and correctness of Contractor’s Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ____________shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter collectively “Liabilities”), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the 40 | P a g e City. The Contractor agrees to be solely responsible for its own mat ters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way a s the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for in juries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. 41 | P a g e (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A :VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements sha ll be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. 42 | P a g e (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit “C” and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obli gations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within t he State of Georgia unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “F” and “G” (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-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. The Contractor hereby verifies that it has, prio r to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “F”, and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached h ereto as Exhibit “G”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “G” to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the Agreement. The City Manager or his/her designee shall further be authorized to conduct perio dic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 43 | P a g e ontractor 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. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “F” and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. __________ 500 or more employees __________ 100 or more employees __________ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit “H”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compl iance Act (O.C.G.A. § 50-36-1). N. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 44 | P a g e (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that i t will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit a ffirmatively 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. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly docume nt those operations, and transport such hazardous waste to an appropriate landfill or disposal site. 45 | P a g e Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel ll of the individuals identified in Exhibit “J” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “J”, witho ut written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultan eously execute and bind Contractor to the terms of this Agreement, if applicable. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur a s problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. 46 | P a g e B. City’s Representative XXXXXX shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible a nd shall terminate all commitments to third-parties unless otherwise instructed by the City. iii. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor’s receipt of City’s notice of termination. The City shall have no further liability to Contractor for such te rmination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall the City’s total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reaso ns therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement,, the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for conve nience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or 47 | P a g e successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written docu ment signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superio r Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: ________________________________________ G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 48 | P a g e H. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rule s or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obliga tions shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate aga inst any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: ______________________________ By: ____________________________________ (signature) ____________________________________ (print) Attest: ____________________________________ XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ 49 | P a g e Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form: _______________________________ City Attorney CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness 50 | P a g e _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 51 | P a g e EXHIBIT “A” [Insert Invitation to Bid] EXHIBIT “B” [Insert Bid Documents] 52 | P a g e EXHIBIT “C” PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT _____________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and ____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as __________________________ (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fee s of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under 53 | P a g e this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in-fact, this day of , 20 . CONTRACTOR (“Principal”) ________________________________________ By:_____________________________________(signature) _____________________________________ (print) Title: __________________________________ Attest:_____________________(signature) [AFFIX CORPORATE SEAL] _____________________ (print) Title: _____________________ Date:______________________ [SIGNATURES CONTINUE ON FOLLOWING PAGE] 54 | P a g e CONTRACTOR’S SURETY: ___________________________________ By:_____ __________________________ (signature) ______________________________ (print) Title: _____________________________ (SEAL) Attest: _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 55 | P a g e PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT ________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as ____________________________, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably requ ired for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontr actor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by 56 | P a g e Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . CONTRACTOR: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: ______________________________ (SEAL) Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR SURETY: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: _______________________________ (SEAL) Attest: _____________________ (signature) _____________________ (printed) Title: _________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 57 | P a g e EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA City of Milton ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner , Officer, Representative, or Agent) of XXXXXXXXXX (the “Proposer”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, conn ived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Pr oposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date 58 | P a g e EXHIBIT “E” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for t he payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of XXXXXXXXX. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ 59 | P a g e EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the 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 aff idavit to the contractor with the information required by O.C.G.A. § 13-10-91(b), a form of which is attached hereto as Exhibit “G”. 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: ________________________ 60 | P a g e EXHIBIT “G” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________ (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program 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 th e 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 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 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 _______________ (cit y), _____________ (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] 61 | P a g e My Commission Expires: ________________________ EXHIBIT “H” SAVE Affidavit By executing this affidavit under oath, and as an applicant for a city co ntract, a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant, acting on behalf of ____________________, verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided a copy of at least one secure and verifiable document to the City, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _______________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). ____________________________________ Signature of Applicant ____________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: ____________________________________ 62 | P a g e EXHIBIT “I” [RESERVED] EXHIBIT “J” KEY PERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT 1 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 15-PW3 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 ADDENDUM #1 ITB 15-PW3 1. The City is adding an active warning sign to be installed on the northern approach in a location determined by MDPW. This sign will replace the W2-6 warning sign at station 32+00. The size of this sign will be consistent with the other warning signs on this project with the addition of the 8 LED lights. TAPCO's Blinker™ Solar & LED Intelligent Warning System, or equivalent, shall be used for the LED lights. 2. Delete pages 18-20 of the Bid Submittal Form and replace with the following. 3 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) Bid Submittal Form Hopewell Road/Birmingham Road Intersection Improvements The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The contractor hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ Bid alternates listed below may be added or deducted from the base bid at the sole discretion of the City of Milton. Bid Alternate #1 (Granite Curb) Total Bid Alt Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ Bid Alternate #2 (Additional Water Line Relocation) Total Bid Alt Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ 4 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 SUPPLEMENTAL UNIT PRICE SCHEDULE Pricing provided on this supplemental sheet is to be used during the contract for additions or subtractions from the lump sum contract amount as directed by the city. ITEM NUMBER ITEM DESCRIPTION UNITS UNIT PRICE 310-1101 Gr Aggr Base Crs, Incl material TN 402-1802 Asphalt Concrete Patching including Bituminous Material & H Lime 3 in. TN 402-3103 Recycled Asphalt Concrete 9.5 MM Superpave GP 2 Only Including Bituminous Material and H-Lime TN 402-3190 Recycled Asphalt Concrete 19 MM Superpave, GP 1 or GP 2 Only Including Bituminous Material and H- Lime TN 402-3121 Recycled Asphalt Concrete 25 MM Superpave, GP 1 or GP 2 Only Including Bituminous Material and H- Lime TN 413-1000 Bitum Tack Coat GL 432-5010 Mill Asphalt Concrete Pavement, Variable Depth SY 441-6012 6” x 24” Conc Curb & Gutter, TP 2 LF 500-3200 Class B Concrete CY 500-3201 Class B Concrete, Retaining Wall CY 603-2024 STN Dumped Rip Rap, TP 1, 24 in. SY 611-8010 Adjust Hydrant to Grade EA 611-8120 Adjust Water Meter Box to Grade EA 611-8140 Adjust Water Valve Box to Grade EA 670-9710 Relocate Exist Fire Hydrant EA 5 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 ITEM NUMBER ITEM DESCRIPTION UNITS UNIT PRICE 670-9720 Relocate Exist Water Valve, Incl Box EA 670-9730 Relocate Exist Water Meter, Incl Box EA 653-0120 Thermoplastic Pavement Marking Arrow, Type 2 EA 653-1704 Thermoplastic Solid Traffic Stripe, 24" White LF 653-2501 Thermoplastic Solid Stripe, 5" White LM 653-2502 Thermoplastic Solid Stripe, 5' Yellow LM 653-4501 Skip Traf Stripe, 5" White LF 653-6006 Thermoplastic Solid Traffic Stripe, 8" Yellow SY 700-9300 Sod SY In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE _____________________________________________________ 6 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 3. Is there a pre bid for this project and if so is it mandatory? No 4. TS08 Birmingham Rd on sheet 05-04, illustrates full depth reconstruction Sta 50+65 – 54+00. The cross sections illustrate widening and overlay Sta 52+00 – 54+00. Which one is correct? Cross sections are correct 5. Note 13 on sheet 04-01, states that residential and commercial drives are to be surfaced with 9.5mm. The Summary of Quantities on 06-01 indicates 12.5mm. Which one is correct? 9.5mm will be used for the driveways. 6. Sheet 06-01 contains an Alternate Bid section for Granite Curb and additional asphalt paving area. This is a Lump Sum Bid. a. Is the alternate to be priced separately and added to the bid form by hand? See item 2 above. All Granite Curb work will conform Specification #437 of the most current Georgia Department of Transportation’s Standard Specifications. b. Is this alternate the Contractor’s decision as to which one to use and submit in the lump sum total? See item 2 above 7. On the Utility Plans sheets 24-00 – 24-05 it is stated that the “Contractor shall be responsible for relocation of all water valves, hydrants, and water meters impacted by road project. Water line relocation is proposed by Fulton County Water and fall outside the scope of City Infrastructure Improvements”. a. If Fulton County will be relocating the water line, all valves, hydrants, and meters will have to be relocated along with and at the same time as the water line. Both Fulton County and Contractor cannot be working at the same time. Can you please clarify what items and where they are located, that the contractor would be responsible for after Fulton County has relocated the water line? Contractor is to provide an additional cost on the bid sheet for the entire waterline water valves, hydrants and water meter relocation as shown on plans. Fulton County can then decide if they want the water line relocated by the contractor that is awarded this bid. It is not the intent of the City or Fulton County to have multiple contractors working on the waterline at the same time. If the County does not want the water line relocated, the overall project base bid still includes the relocation of all hydrants, water meters, and water valves. Locations will be at the back of the right of way and be determined by the engineer. These approximate locations are shown on the plans. b. The utility plans only say relocate valve or hydrant and do not show where they are to be relocated to. Also there are no details provided for any of this work. Can you please provide detailed water relocations plans and specifications if the Contractor will be required to perform any of this work? Locations will be at the back of the right of way and be determined by the engineer. These approximate locations are shown on the plans. Contractor will follow the Fulton County Water Specifications and Details. 7 | P a g e ITB1 5 -PW3 -A d d e n d u m # 1 This tree is to be removed as part of this project. Cost to be included in lump sum price Include this exhibit as part of the ITB EXHIBIT “B” BID FROM CONTRACTOR HOME OF I: S Incl ISI IIIA Z00, CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 15 -PW -3 Hopewell Road/ Birmingham Road Intersection Improvements Due Date and Time: City of Milton March 3rd, 2015 Number of Pages: 62 Local Time: 2:00pm 13000 Deerfield Pkwy ISSUING DEPARTMENT INFORMATION Issue Date: February 4th , 2015 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Baldwin Paving Company, Inc. Bid Number: 15 -PW -3 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office /I (Pi se rint naitie ani sign in ink) 13000 Deerfield Pkwy Special Instructions: Suite 107F Deadline for Written Questions Milton, Ga. 30004 February 19th , 2015, 5 pm 58-1360947 Email questions to Honor Motes at BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE honor.nrotec(a citj,gf nih'onga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: Baldwin Paving Company, Inc. ' 1014 Kenmill Drive, N.W. % Marietta, GA 30060 /I (Pi se rint naitie ani sign in ink) Bidder Phone Number: Bidder FAX Number: (770) 425-9191 (770) 425-0790 Bidder Federal I.D. Number: Bidder E-mail Address: 58-1360947 mdemery@baldwin-paving.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE — - "* [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Baldwin Paving Company, Inc., 1014 Kenmill Dr., Marietta, GA 30060 SURETY (Name and Address of Principal Place of Business): Hartford Fire Insurance Company, One Hartford Plaza, Hartford, CT 06155 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: 3/3/15 PROJECT (Brief Description Including Location): Hopewell Road @ Birmingham Road Intersection BOND BOND NUMBER: N/A DATE (Not later that Bid due date): 3/3/15 PENAL SUM: Five Percent (5%) of Principal's Bid (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. C=9 _11 Baldwin Paving Company, Inc. (Seal) Bidder's Name and Corporate Seal By: 1 Signature an Title: v. P. SURETY Hartford Fire Insurance Company (Seal) Surety's Name and Corporate Seal By:u z ll Signature and itle: Carolyn F. Smith (Attach P er of Atto ey) A 'orney-In-Fact Attest:� -�-c-'1Z I Attest Signature and Title: �b,J Pc_l'n���r)i✓ Signature and Title Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be 12111a=..T.k.; considered plural where applicable. I. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if - 3.1 f3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 14 Direct Inquiries/Claims to: T POWER OF ATTORNEY OE BAfofne tlPaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint up to the amount of Unlimited Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Angie E. Ferguson, Emmett H. Hall, Carrie J. Key, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �YYi gF t xgliEe^:ys N1lEI t oJy, aaw,� 7 11 � �-%�Tt4�� r[e�� �yYA �a FP b4 • 4 [[Y1lo��f IOrlfs•E Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Kathleen T. Maynard CERTIFICATE Notary Public My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 3, 2015 Signed and sealed at the City of Hartford. YYI Y� N BGlf es, t��y Wv �4eea rr r.rrei >< � 1 f N 4dC'tt7a ��rr' � � J JNIt [t�GV `+� • �•b/aM � .3;#187 %F �'ryi�'+.$�'/�,yG 13�g, T979 • ORaTxaY�� fN �� bYp y tP� • a..�/t llfOlSe trorMP' �/.� Gary W. Stumper, Vice President POAPOA 2012 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15 -PW -3 Hopewell Road/Birmingham Road Intersection Improvements The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within two hundred eighty (280) calendar days from the Notice to Proceed. 101J',1._ If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of S `i ; Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this � day of /Y1 , t i lQ , 20 ,,- Bidder Baldwin Paving Company, Inc. (Seal) Company Name Bidder Mailing Address: 1014 Kenmill Drive, N.W. Marietta, GA 30060 SA/ignature: Print Name: Mike Demery Title: vice President -------l� [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have ;not and will not be violated in any respect. Authorized Signature Date Print/Type Name Mi Print/Type Company Name Here Baldwin Paving Company, Inc. CORPORATE CERTIFICATE Asss7PjAY17 I, M, euras �- ire» g certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Mike Demery who signed said bid in behalf of the Contractor, was then (title) vice President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia This 3 day of f� -«_� , 20 I � I Nc) I Seal) (Signature) 19 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do 11 , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: J � N f 11 `) cP S Mat i0) V?,°�b?"5 �0 I eT05ior: �' rdaCq?��o/� 16 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 102765 eVerify Number July, 2008 Date of Authorization Baldwin Paving Company, Inc. Name of Contractor Hopewell Road/Birmingham Road Intersection Improvements Name of Project City of Milton Name of Public Employer ,,��tfflff/fI ;j),:4 BLgCk •�40TAR y•�G� �- EXPIRES GEORGIA ; Sept. 11, 2016 r • � OR 17 I hereby declare under penalty of perjury that the foregoing is true and correct. ,.l �— Executed on -3 , 201 a in L' ' (city), l�_(state). ignature of Authorized Officer or Agent Printed Name and Title f Authorized Officer or Agent SUBSCRIBED A;1D SWORN BEFORE ME ON THIS THE DAY OF ,201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: I -It-i�. [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] I-ak,,14 01Il��ij:7 -Ell7TI This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Baldwin Paving Company, 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.) 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 V Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: --- %, 211 i HOME OF' HE DBT t7l,EAxrf"4 Cf t'r IN G:OROlA• MILTON* iiU6LISM 112circ, ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 15-PW3 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes(i�bcitvofmilton2a.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ! I Ilk? be rn e rT B 91 j jW, 4, A [1-t i (VI CONTACT PERSON: ADDRESS: Ij J'I ��ennni 1( Dr - CITY: M a{ j e STATE: ZIP: 4o a 10 PHONE: A7C-`1 jli FAX: _074- EMMAIL ADDRES 4 lzmer:j 1' Si ature Date DENDUM #1 1 IPagc ITB 15-PW3-Addendun) If -I ADDENDUM #1 ITB 15-PW3 1. The City is adding an active warning sign to be installed on the northern approach in a location determined by MDPW. This sign will replace the W2-6 warning sign at station 32+00. The size of this sign will be consistent with the other warning signs on this project with the addition of the 8 LED lights. TAPCO's Blinkefrm Solar & LED Intelligent Warning System, or equivalent, shall be used for the LED lights. 2. Delete pages 18-20 of the Bid Submittal Form and replace with the following. 2'1,ago 1TI315-PW3-Add ond.um It [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) Bid Submittal Form Hopewell Road/Birmingham Road Intersection Improvements The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The contractor hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of. Total Base Bid Price (Lump Sum) $ 1 .3 �3 el _S 31 � Print Dollar Amount ;�,,� r;s�..,;: �nree r�,L�.A �T�`, �,, �,� ��:��a IVY h4Adr-eq ctd Bid alternates listed below may be added or deducted from the base bid at the sole discretion of ! b the City of Milton. Bid Alternate #1 (Granite Curb) Total Bid Alt Price (Lump Sum) $ Print Dollar Amount ; },, A',�e h )red LO'ri,l e i,zhI oPol��� S � Bid Alternate #2 (Additional Water Line Relocation) Total Bid Alt Price (Lump Sum) $ ; i 3 . . y-� Print Dollar Amount tqec r �11iP t� �il�i1P� Iil ?,AQ �Ie1 Li-�'�i h%lod(e at'r- -5 d' a��r� y c(jve1 ce�1�c 31Pagc ITB i#l. SUPPLEMENTAL UNIT PRICE SCHEDULE Pricing provided on this supplemental sheet is to be used during the contract for additions or subtractions from the lump sum contract amount as directed by the city. ITEM ITEM UNITS UNIT NUMBER DESCRIPTION PRICE 310-1101 Gr Aggr Base Crs, Incl material TN 402-1802 Asphalt Concrete Patching including TN 'n ' Bituminous Material & H Lime 3 in. V� Recycled Asphalt Concrete 9.5 MM 402-3103 Superpave GP 2 Only Including TN Bituminous Material and H -Lime , Recycled Asphalt Concrete 19 MM 402-3190 Superpave, GP 1 or GP 2 Only TN Including Bituminous Material and H- Lime I Recycled Asphalt Concrete 25 MM 402-3121 Superpave, GP 1 or GP 2 Only ,IN C 00 Including Bituminous Material and H - i Lime 413-1000 Bitum Tack Coat GL t 432-5010 Mill Asphalt Concrete Pavement, SY Variable Depth 441-6012 6" x 24" Conc Curb & Gutter, TP 2 LF 0-) 500-3200 Class B Concrete CY 500-3201 Class B Concrete, Retaining Wall CY 603-2024 STN Dumped Rip Rap, TP 1, 24 in. SY j ` D O 611-8010 Adjust Hydrant to Grade EA 611-8120 Adjust Water Meter Box to Grade EA s L+ I 611-8140 Adjust Water Valve Box to Grade EA i q00 670-9710 Relocate Exist Fire Hydrant EA 55 -S� 0 41Pagc ITB 15 -PW 3 -Ad dend um # 1 ITEM ITEM UNITS UNIT NUMBER DESCRIPTION PRICE 670-9720 Relocate Exist Water Valve, Incl Box EA r �� 670-9730 Relocate Exist Water Meter, Incl Box EA 653-0120 Thermoplastic Pavement Marking EA Arrow, Type 2 653-1704 Thermoplastic Solid Traffic Stripe, 24" LF White 653-2501 Thermoplastic Solid Stripe, 5" White LM `! 653-2502 Thermoplastic Solid Stripe, 5' Yellow LM 6534501 Skip Traf Stripe, 5" White LF ' 00 653-6006 Thermoplastic Solid Traffic Stripe, 8" SY �% c Yellow 700-9300 Sod SY n 3 3 00 '-' S3'Og,DO In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY 13gidwt11 ��vinC ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME Pr TITLE Vicc 9 (e%�r4. 511'agc ITB 15-PW3-Addend..uni ifl 3. Is there a pre bid for this project and if so is it mandatory? No 4. TS08 Birmingham Rd on sheet 05-04, illustrates full depth reconstruction Sta 50+65 — 54+00. The cross sections illustrate widening and overlay Sta 52+00 — 54+00. Which one is correct? Cross sections are correct 5. Note 13 on sheet 04-01, states that residential and commercial drives are to be surfaced with 9.5mm. The Summary of Quantities on 06-01 indicates 12.5mm. Which one is correct? 9.5mm will be used for the driveways. 6. Sheet 06-01 contains an Alternate Bid section for Granite Curb and additional asphalt paving area. This is a Lump Sum Bid. a. Is the alternate to be priced separately and added to the bid form by hand? See item 2 above. All Granite Curb work will conform to Specification #437 of the most current Georgia Department of Transportation's Standard Specifications. b. Is this alternate the Contractor's decision as to which one to use and submit in the lump sum total? See item 2 above On the Utility Plans sheets 24-00 — 24-05 it is stated that the "Contractor shall be responsible for relocation of all water valves, hydrants, and water meters impacted by road project. Water line relocation is proposed by Fulton County Water and fall outside the scope of City Infrastructure Improvements". a. If Fulton County will be relocating the water line, all valves, hydrants, and meters will have to be relocated along with and at the same time as the water line. Both Fulton County and Contractor cannot be working at the same time. Can you please clarify what items and where they are located, that the contractor would be responsible for after Fulton County has relocated the water line? Contractor is to provide an additional cost on the bid sheet for the entire waterline water valves, hydrants and water meter relocation as shown on plans. Fulton County can then decide if they want the water line relocated by the contractor that is awarded this bid. It is not the intent of the City or Fulton County to have multiple contractors working on the waterline at the same time. If the County does not want the water line relocated, the overall project base bid still includes the relocation of all hydrants, water meters, and water valves. Locations will be at the back of the right of way and be determined by the engineer. These approximate locations are shown on the plans. b. The utility plans only say relocate valve or hydrant and do not show where they are to be relocated to. Also there are no details provided for any of this work. Can you please provide detailed water relocations plans and specifications if the Contractor will be required to perform any of this work? Locations will be at the back of the right of way and be determined by the engineer. These approximate locations are shown on the plans. Contractor will follow the Fulton County Water Specifications and Details. 61Pagc ITB15-PW3-Add end Lim #1 (� Include this exhibit as part of the ITB C O� CD (day cwn wwo o z Z_ M `2 � a P�. eo LU W Y � w a w vi d ° N :. lwL ' - / CL CO It- CLU) CI) z Q w O This tree is to be removed as part of this project. Cost to be,° f / included in lump sum price / MILTON ROUNDABOUT OWNER: City of Milton, CONTRACT AMOUNT: $786,605.85 START DATE: September 2013 COMPLETION DAT?7 September 2014 REFERENCt ; Matt Fallstrom, (404) 867-6191 WORK INCLUDED: Roundabout, storm drainage, asphalt paving. Description Baldwin Paving served as prime contractor on this project. The project consisted of the addition of a roundabout and other associated roadway, drainage, and shoulder work at the intersection of Hopewell Road, Cogburn Road, and Francis Road BALDWIN PAVING COMPANY INC. EST. 1979 JOT'EM DOWN ROAD OWNER: Forsyth County CONTRACT AMOUNT: $829,000 START DATE: March 2011 COMPLETION DATC: October 2011 REFERENC:: Tim Allen (678) 898-1361 WORT( INCLUDED: Roundabout construction, storm drain improvements, new side walk and curb and gutter. Roundabout Construction Baldwin Paving crews constructed this roundabout while maintaining through traffic to residential streets and repaving approximately 50' in each direction. Concrete Flat Work Our concrete crews poured new sidewalk and Curb & Gutter down all 4 streets at the intersection. BALDWIN PAVING COMPANY INC. EST. 1979 CARROL L COUNTY ROUNDABOUT OWNER: Carroll County CONTRACT AMOUNT:: $612,000 START DATE: November 2010 COMPLETION Dal:, November 2011 REFERENCE: Charles Pope, (770) 830-5901 WORK INCLUDED: Roundabout construction, new road construction, utility relocation 'i Qra�. Roundabout Construction Concrete crews constructed a roundabout on HWY 16 for Carroll County while the road remained open to traffic. The roundabout has a mountable curb with a stamped colored concrete center. New Road Construction For this project Baldwin worked closely with a grading subcontractor to move over 25,000 cubic yards of dirt off site and connect the parking lot of a Carroll County government office to Hwy 16. Utility Relocation Before any construction could begin Baldwin had to work with various utility companies to get them relocated so work could commence. BALDWIN PAVING COMPANY INC. EST. 1979 EXHIBIT “C” BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Baldwin Paving Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and ______________________ _________________________________________(as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of one million three hundred ninety six thousand four hundred sixty nine dollars and seventy eight cents ($1,396,469.78), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of the Hopewell Road/ Birmingham Road Intersection Improvements (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2015. Baldwin Paving Company, Inc. By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Baldwin Paving Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of one million three hundred ninety six thousand four hundred sixty nine dollars and seventy eight cents ($1,396,469.78), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2015 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as the Hopewell Road/ Birmingham Road Intersection Improvements (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 2015. Baldwin Paving Company, Inc. By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Baldwin Paving Company, Inc. (as CONTRACTOR, hereinafter referred to as the “Principal” located at 1014 Kenmill Drive NW, Marietta, Georgia 30060, and _________________________ (as SURETY COMPANY, hereinafter referred to as the “Contractor’s Surety”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of the City for maintenance of Improvements as described below in the sum of four hundred eighteen thousand nine hundred forty dollars ($418,940), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated ____________________, which is incorporated herein by reference in its entirety (hereinafter referred to as the “Agreement”), for the construction of certain Improvements as contemplated by that Project for the Hopewell Road/ Birmingham Road Intersection Improvements (hereinafter referred to as the “Project”); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on ______________, maintain all improvements (“Improvements”) involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Improvements as described above; and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this ____ day of __________, 20___. [SIGNATURES ON THE FOLLOWING PAGE] Baldwin Paving Company, Inc. By: ______________________________ Name, Title:________________________ (SEAL) Attest: By:______________________________ Name, Title:_______________________ Date: ____________________ (Name of Contractor’s Surety) By: ______________________________ Name, Title:________________________ (SEAL) Attest: By:______________________________ Name, Title:_______________________ Date: ____________________ (ATTACH SURETY’S POWER OF ATTORNEY) EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of Baldwin Paving Company, Inc. (the “Proposer”) that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date EXHIBIT “E” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization Baldwin Paving Company, Inc. Name of Contractor Hopewell-Francis-Cogburn Intersection Improvements 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 “F” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Baldwin Paving Company, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the 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 Hopewell-Francis-Cogburn Intersection Improvements 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 “G” PLANS AND SPECIFICATIONS No Text 4 a . . . a . . T . . n� . . - . . � . . a . . . . � . . . . . . . . . _ 2 m azl � 2 ; m m m N o� T _ _ _•' of m _ n 22 s x o no �x z ro7 I_ N O`er' _ _ _ _ _ _ _ _ _ A I-moo 4 a . . . . . . . . . . . . . . . . . . . . . . . D m 2 m i S T � o k' A .............. O m 1 m 9 m O A2 ooh o� T T m o e ti n. 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ycvi xo oom o c Hoa, ooyo� om a YOOm o�n or m• oA _ 2 a OO� o � � �C� OA Dano 000 Tm O n yx m Vf Vi y x mnFmocnm 2Om➢YrV1 y x m < pD ym o n�D �0 21ny 20 20 mno 2rmT Y o �D zaa n�YYw OViY2O aOr r➢ no mvi z' n�YY- OVfY2O X12020 u, y 2 O 0 �h� oc ate, Y O� am�m G22A � c i m�A ➢mT � c i 2Yi�,�m � 2C Y o0 � c i inyan Tocrn; a T 2yy 00 O �D ITT Om `aOT Y A a nln Y a 2m'nSm2a2 OayDu)O y o0 ➢➢a Yc�COTO Y rn r22 mrn O O N y0 Own O<YCp O 2F Y o' Y2n TDCO� � TYnlnx O�2y' r m ti Co• om ;n- Ao Y 2 Oa ox- �x yT y,mmyxr�2 � n��yv, On o Tim i 2 om � i2 x o�To Tin in• as cm myv,io �TtiY�aA � i no�x T ° TOO xT OT T a2 to Yc/1 n��F O Yy Oa' Oy�m aT aTOin OYAVIn aT 22 n yoY Y rn A oT 2 CpO 0�0 ASO c TTTcno�n nA[piO ornm a 2 2Lk T�� oa a ov, Y p\nm o oF�•• m m Oy° YT o N rn • o E n O n aO n n nO { E 02 as Y ��2 A1� m➢ _aO Y � 2 A1� mD Y $2 E oo n2 0o m 2 0o m m�m A� ax n➢ �E o2 Hm wx wx ` rnm w�� Yr { { 0 0 0 E o o m a mi�C Tam�nin O mo mmTd)IUY marm+,x O To Wmm O1UY marmax O To OOY Txx on m ay'itOO o O 0 0 ay�Y 'n o O 0 0 ay�y 'n o O mn- y2�1 T TCO OOa2y C Dcn TT-mY 002�[2� C DV1 TT�TY OO2>c2� C DVf 22 �� C YT�1O 22 CYO`�Y 22 CYO^�y x2 Y aOVfa� T22Ci yr aOYr�i T2OT yr aOyr�i T2OT yr O ; •y �m�tiA T[W °mnGGo TCA °mnGGo TCA a12�1O armo 0 0< �nT na xxx 000r'n inm na xxx 000rv, �m m z onvi YOo T �,� 20 ooTmm� 2amacnti v,� 20 ommmm- 2amainto 20 i21n m�O2a mi"�_=`"� I+Tii IiTa� O Tcn nnv�Ycn yy v�� Y' 2.n x mmo yy cn� y' x'n 2 mmo Yy v�� 2T oyo o�oy � noamm "oma• "r � noamm "o'• "r � TTT °v.° ��iAm m m m 2�o�r��i 0o y� - n�rnmm� � n�mmm- � m y2�TN axam 2 zoo oz xxoa c> z xoO oz x2oa c> x YrY 2 a mr 2 non n m�i�o imYn n ��i�o imYn n Tmc aO OTOa FAOnx y n T 2 mxaTO y n T 2 inmxamo y n OOy oy- 200� v+az o Gaon 2 oornm�n o Gaon x Oomm n o oT2 YOO on ionc�o m xoo z vilnz m x�no z In �nz m Y o n xxma �omom o nooxmm Hx<➢�r o nooxmm inxcn�r o y no ,k D InOy��F n 'nOy��F n �mA 2 22FY� �OY�Ocn Y T >02 �2TmDY Y T 402 �2TmDY Y T OY m�x aySy oxT� O y a0S �aoom O y aO2 �aooT O aye opo cn2 y• o i2 0 x ooyo� om a YOOm o x ooyo� oT a YOOm o x Yx� T OTO Tm O n yx y x �i y2m T° y x of y2m mo y x `ro ox �oxn C0�2 T n�YYw OViY2O T n�YY- OVfY2O T oFo 2�a aoinx TY T In � c i acomma Ax viT OOm � c i Acomma ax cnT OOm � c i xT moY a T i� n Y A n Y a n o0 �2 y i ----------------------------------------------------------------------------------------------------------------------- a 0 au,om O O o \omv'li�z; 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2 �' �v,mY�mAY 2T YAS six oT�o�nhomx�Ya �mohY�omx�Yn YOTaoTTomxTYn cFmcFn m rnmm�,mo� � Y�Y2mTamo <o InAnooYA o �nmm22A2mnmo �nnmmroyA o ��2 xTA2manATnmo m To�oA oYA o x��u,� ooyrnrv. mo o°imroim`" 02 Am2mhx � TF�hmxY�ncsh� A vi2a2m Ano< c-��cso� imoxvlm• Ano< Yo Ts�m�,cso� hxcAz o Ano< mm�orY � o an a Y2oso�n om oo�o2m2 KnA ng�xmn22T �noA• ,arm<a �m2m�2 Tn22T 2mrNY arm<A YmmoomrrTn22T A 2c 2m�KArm<a a nm2 �2FYTm �Y c2YKn2 n OYTo 0 2TIn 2mKnm YriKny'c� c o m o xmin cohooYrmo xmv, ion T tnDTN v ➢m 2YO2YYY Yom Y o m• Tmomu, y o Y< 2 AYx '1'- y, o G _ ti ozziz N � 2 ' O K�OInaTVt pp ITYi OOm2OY0•• 2 W:TOaa n o a=Ynnno ��mi°osY �OO�Y�VcI zzm�� m m o �-aiiim � =�ccnoi=o `IT n nno Tooz ��� 2�m oaonnz A21nYAy In OQQmQ on22�o v Yhom- Tozry oat O om rn iiom2� n mms°miz r InAmin n m<n�Y �yC2O� mE iii Y c, TC UDATED DRAWING NO. 1-29-13 TC REV. DI LABEL&DESCRIPTION, 10-1-12 PELOCATEO Ont -A, Dn2-8, AND Dn2-(CODES FROM ECL&UC SHEET 3 OF 6. 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ADDS I-2+-13 =20 Ds3 & Ds4 CODES, RELOC. Kn a f Rp & Rt -R CODES td yO2 DRAWING N0.52-004. O O) TC RELOCATED Rd, Rp, & Rt -B 10-2-12 CODES FROM ECE&UC SHEET 2 A 40F 6. GILD DELETED Fs,REVREO ORDER II -13-07 >h Y GLO REVISED TITLE BLOCK 1-19-07 C y BY REVISION DATE ��OA 2 M c p o ooa (7 m bTn f- A m n m n oo; m W Z 0 � on0 C O f7 n -1 oin w Z o oom �� pp n 00 0 0 int m O r n Z yC� o m m = 0 O yyy c m m70 n z o nm IL—Z': mzO O O O O ro x x m �, f4� rn n m Ei� n A m mbo n n• �, y a m ma oom� bn om�ao�n a K,Sac xacyb�x xac yb, 2 ac °io � f 22 E _ c2iA cn Ani E E o � 7m.7 O O 1 ��l .... �- 2 T�bOy tn0 DTN�D 2T20 m On by0�2 020y� Or •r 2bT2 OOOry vcin� K"Kn vyii`� on °,-mm _A mbT AOT 4 t �f EE �,{ffE{ E EE f EE4{f�EE 4E mom�i b�G�I We yrn Dy r0 Dxy b �n yn D2Vtm � TA nLOT Verb rA 2T2b �rnob�< C, mc�ou,o nT ova O�O� W;nonm �i (Oi�r 0yT0 crrnv, 2rn-Tr-H u,N Ao�1n <yy n4n 2�n� aV1y °aoa yy yrno�vo nVfmmy nn��n�n ao rn2so rnxx o �p nmrn bmo�rn rcx 2FrnA r m xx mm bmbbx anoo� Aomyxo oAA 2 CyAO T y+nTnR: y yi"a 200 �nyo 0�n V1V1V� yy2Can nn A Arn<2 nA2 rn rnp yrn�/1 OymT2 AO D�A�rn Or� b0 rnF 2200 O 22�n A02ytnT CTCDy Asmmm Sino TDD O D T Dy m 2 o 2m 2 xTmm �• b�nn D�xAOT �Oym' 2�nrna xar !/�Ny OD yy nyp ATOT H O np 00 222 OD �' o Ob b n nrn SCO y ornm u,� m-c2p yT n �T x v. rn ncn A�n� ymyA 2^T�� m2o22 u,rc �7ti mo T02 �n v�� y m� F'<2y ab pyoo2 Tn �n0 mnnr b n yAO� zmny 2�no 00 2 °y� Ai oc oFrD A'^� 502 mTAT Dm KnmO O T 2`; A yA2 O;�my AmN~ �mmi �H�ny AA y cn yn obm 0 mD n OAOy KOmA a2 To� omv+ v� nob axxxo mora !n y iTS b� 5020 O~ yb `+b10 To Arn TFoc < nb5n oo ;obm mm�, c2iwmAc 2bx on Vt2y� KnT b TO F O� v,b yW: V1Kn myrnm 0Vf2y a �n c> rn r�2 ON Tr m oyrn nm <2'c� V1y m �rn on A rn2 O c ACA DaOy CO2�A -mrn ev�vrnn yTA<r ynon bxp� D in i"'ni W;n�n s BSc ym�u, �o om N sri ms y^rD vf2 on mmyc A v, yxm TDA. yTV� On �r� VI b y CD T Oen bA 2m VI O Am�2 IAjn2 to 2ov� TDy aV1 xx- y Txv� C Kn2n on � o Ty�n nn c a0' y ob Sc ut�T o AmFo b utm n�Tv�m 2 TO opn mo a02b ca nb T �n� TO bb ROTO b2o xx� o oo�� A A A� bT W:2 Oen m x2u, oo AOTc oa ut y o�yo oV�y oyb o rmn ao aovl 2 n� rn b T0y0 oa mv� n bv,o A bon° 2C' Tin O� 2C 2 2V1 mw �n yH �nC y00T OCOO O Tb y rnn Vlby y� OTO y D< b � � y y2C T y0 2 aA� T 23;2 ns n m v, n obm A on rn �p m r o c2iN y� 0 x x x mbo ma oom� bn om�ao�n a K,Sac xacyb�x xac yb, ac o � 7m.7 O O 1 ��l yWDb T�bOy tn0 DTN�D 2T20 m On by0�2 020y� Or •r 2bT2 OOOry vcin� K"Kn vyii`� on °,-mm _A mbT AOT o my 2KO0Nb Tc mom�i b�G�I We yrn Dy r0 Dxy b �n yn D2Vtm � TA nLOT Verb rA 2T2b �rnob�< C, mc�ou,o nT ova O�O� W;nonm �i (Oi�r 0yT0 crrnv, 2rn-Tr-H u,N sm�m °aoa yrno�vo ao zAmm yi"a 200 �nyo x yr y •y2 2cn ur nOyb 0T2� 0 2 nmS� Asmmm Sino o 2m xTmm �• OS�C rOC ON <b 0Vf�0 nrn "TOIn 22bro ncn rmox aav,m pyoo2 �, zmny myo nrb mxm<n ornn o < mo nyb ox<c KnmO O T A yA2 O;�my AA y cn mD n OAOy To� omv+ nob axxxo !n y bymm om o mKnov ��Tor m nb5n ;obm n m Tmmy �nSW 0Vf2y A ACA mbn�n bxp� D in i"'ni BSc ° �m.,mTn �b�b n� bA x 2ov� b O� � AOTc nA�m ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ o 5 � min n •. c� O n n s rn R O m n h S yi G rn n n O 2 Q, G ti ro�z • o mmmom mmoo•• A2A2 O mmao Q O aaoy m �c o�T v10� rim m n irvmi �Itoti aoz ZG,Iij yAm �a2 y y =2o O 2� m m n Utz r TC UDATED DRAWING NO.& 1-24-13 2O2 RELOCATED SEI-Bb&SEI-Hb CODES TO DRAWING NO. mON n 52-005. _ _ TC RELABELED AND RELOCATED 10-2-12 O Sg-I,Sg-2,Sg-3 TO Rt-BSgI N a F Rt-BSg2,& Rt-BSg3 CODES N°2 ? 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CLO REVISED TITLE BLOCK 1-19-07 C y i BY REVISION DATE ��OA 2 m z o ooi n 3 N m ATn r Z 0 N NO n 22r �A M N C n � a Z o n oom i m O O o inx m O r n Z yCc o m r to om= _ 0 y ny M M Z oNl°+f cr o M n m o = o z T .A� o n v1 2,n I"m I 2nn 11jm I 2,n "'m 2 mA-21=1 O nA2 OrA y`� yA m m pyA O A 2 �m `I'I FIT J� xbn N2 m m 2�n y c� � xnn y x n c� xA0 � y y O ry y O N wry y W pf A m � n z m n 0 s m 2 2 m 2 � m � rnm2F Oy2O0 �m � <mm oTxo � mCyT< TA m N m AAy m D turn xo mrNm ➢ OO��yi' 20 2i2t HTO 2 T� y DAOr yCTO yN NmFCNOT m�T CO y� N�<O N yN mF < Na Ny m2 2 Fm m b�o2 Dy ym Non iO`cy o�omy yymcr tun N NCN2yLA2rm A s xx Tr m xT n nx 2 r;rT n Nmx byT-A oo F n Tx� 2 Amy y2T� 2C N r 22y N2 ONN2 yC0 m yrTyy ➢TNAFA An T c �T oO Acmo oo T n<kxAor bmmn y ymmarnN o y- AONm omT� i btu T� rnx oco xNAo m• T Tym nN yn �TN 02 iT�nAFyA F °�• yxm2 c T T TnnA m yr y A N nT nm N y TnmsmN yT�m 2-o!nAo<m ��om xm y�nr� �c •by m`�m m`Trn° cnxn rmm c m oyrr N Nn� mmn oNoy TmANDTA�O AO m A Oryx 20 m yNm A2rr 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ar TTS y zA 2n2� ° bm o FyA- F yNx N Ar n0 A2 2� F ➢ S2 a� N C nTA1+R am 2Cmim yT TOAD<C 000 aT��n n222 n2 2m ON b a2 NOS NO m TTy zb OT b m2 N2 NO T nyo noo yyrA m 2m< N Ac T TmT 2<rD �TNm n�T Nw T TO Oy2 oy m -m N N� T O O oy am yAT mrnrm bkNA 'N 2nmNO0 T mNo A NryO m2yN nAk mo y T2 bm TT ny i2N z AT myy Tm o2 TT Ay T 2 mm i � �'i oy n 0o zoc>y A 2rNC�o An yA TSO ➢yOC ° i Ny mz z -o T� ay -fol m SO Ny T� az mam y oy zr z TAT ➢= mxAy�T 0=� Ax O tummy Tn 20 00 2T 2 0 m T 2D 00 ATF 2 0 ➢A� y 2 2C�y NT ATCO A 2 No,,,rn Ty< a OC 2 m NOAH yO o i 2 SAA mm yn i mm 2 a bi T2 bAm T any T Ty o2 A ob 2 D A y 2 a yN o moo n 0 oA 2 a A yN o NyN ��a Nrn 2Oxy2 cA b2moy NnN �Nn^ m� y 2� y2 2 A rn Ai b ob 20 y- As 2 rnrny b oto 2 i- � As �� A-nbN n yAmn y� cno Am o TN N c A Az om mN N yz A s�m Nzym rn<ti y �Nomrn my < 200 � oNm or y�0 y O �� r F z ➢n m y r as F mo 22T Am TT iT TANTS Tb Amy i 2N 0�2 N oO o in OA y yT Am 2 A O i OA y y Am 2 Ar D O y�A z NomoT yT Ccc2 xyz n 2 o x tun mm No y2 � tux mm Toy �2T nNA oyy yr Ay 2 oN n O y�0 my Oy om m Ay T2 N C tun OA om m rbA T2 N y xA iOO Or � T� O yOOrn y D A y Cmy� AT mA O N n0 OC ym A y mm O OC N TO A ACr G y 2rT ➢� 2 ON N� ➢ N' OA A T 2T � am m y C N2 2 Aa �A D m m y ya N2 mm 00 m x2n Om o A m _ A �N _ y n m c 2 y c n 2 yO cmc iTO n`R cna o 2y�� 2 m o i m ro 2 tun ° fny� 2 O y p i a o n v1 2,n I"m I 2nn 11jm I 2,n "'m 2 mA-21=1 m n FIT J� rn m m �J c� c� � c� O O O O N � m � n 0 mnATD•NyN�NT➢ ADT2yTO0i22yCA rnm2F Oy2O0 rA T <mm oTxo ➢➢�A�ya➢mmm NON OONTmy�� �Tiy mCyT< TA m N m AAy m D turn xo mrNm ➢ OO��yi' 20 2i2t HTO 2 T� Ti DAOr yCTO yN NmFCNOT m�T CO y� N�<O N yN mF < Na Ny m2 2 Fm i2iN2T�A2�C0� �y xr 2Tm2n22m b�o2 Dy ym Non iO`cy o�omy yymcr tun N NCN2yLA2rm A s xx Tr m xT n nx 2 r;rT n Nmx byT-A oo F n Tx� 2 Amy y2T� 2C N r 22y N2 ONN2 yC0 m yrTyy ➢TNAFA An T c �T oO Acmo oo T n<kxAor bmmn y ymmarnN o y- AONm omT� i btu T� rnx oco xNAo m• T Tym nN yn �TN 02 iT�nAFyA F °�• yxm2 c T T TnnA m yr y A N nT nm N y TnmsmN yT�m 2-o!nAo<m ��om xm y�nr� �c •by m`�m m`Trn° cnxn rmm c m oyrr N Nn� mmn oNoy TmANDTA�O AO m A Oryx 20 m yNm A2rr OOOm2A�Ay2OO A cmOA2� NCAA < xo mym m no T AcyN FTyC�mTNyy2A n2 mrm ARA mm AO � yr a oN �o NTxObAA oco < xo• rnscnT�m Non OyTO m O Ny yy2 n A mN➢nry yx Ai T2ryO�y y A m mmoo N =RC An ATx NTnN o� oxy cAryrcmmmxmoN m m y x As a-rxmT m y!ny2 a mN0 ynm� OGCVIOA� x x TT F n• o TyybyT NN los imm TkomTANvm A memo n 2 pyx x� Toamoyaoomy x 2 n m oaoy xy�2 o mm yT Ay2Fynccc Aoo-oN-hy nor xN• o o T n y yT• oT xa yr o Ay or mRnyrnAbm�o A •oxA�bom cn cNrn y x yOr xmo n� N TOA 2 bN �ybyT� xmo bbxF T m� T y m x Nm rnx m �x2 moxa om x T -my A cT xyT rn nozm rn r2m ro m� n n� n T � ----------------------------------------------------------------------------------------------------------------------- U rn O 5 mon C n 7 2 m R p m e ti y e R) n n y 2 ro�x • o mmTom TToo•• ooA n O aaoY m �G kn 0� rnTA m D ao2 Z�Iij yA gni Y Y p 2- m T n_ 2mx nNn TC IIDATED DRAWING NO.& 1-29-13 S=� RELOCATED Sr & Sr -RD CODES r0 DRAWING N0. N a 52-006. NO 2 TC DEL. sg-I. -2,5 -7 CODES 10-2-12 tam RELOCATED sr a sr -RR, CODES FROM ECL & UC ••r SHT.6 OF 6. GLO REV. 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_A NO2 02<F A CorAA2Cmy�N T2F0 rn 0�1A T Y TN �C _N AT 2 FC 2�a 2O220Y O�YTDrDrOL Y2N y� OyON CNN r0 OSA=-T� TmN YCrO�rm DyD(2n2 A r m � C� Y N Y T r T YT 2 r r O T O OTTA Y A Y m TTr yo N2a� TA2 T o yT yT ° iT22T Tx�Ar oyy AA mm 2 cm2 m mo<yx � TboT2--nT2cT rnN aY o bm fo�T TE mya aSTNYy x Yrb�N map T T� oA yTD axryYT o y� � o y y <AA 2 Too rcN< Ty TT2� mom 2m oc� FO➢Tm TO Tm A AT rAN-c O2 Iil TOynANT N TYC X12 T2bA inL o oa Ta A OT 2orT A SY TT ° c m� AT c -n m•A� n T Am cT n2mFnmzo ➢N TT A 2m2 T D Nos -o Nocnc Tr�AYTTmyx TC2 Dn bmrT o xx YF —no ATT r DY A oiy Ai ATA ToyF A'Or TN 02 oo2yONTGy T TT nTYT onoN �ci n Y xA Y mrT oAc�mxr FmA a o T Ax xx FCYFxYo�� TT 0 Q N N "' o Nm°oAp y Oy Ymy m0 a, �Tny�Vo NT NT 2 2�n xnrny21C+r1 m r � W Z r' W?Ni2Y m m � m O O m O m O m i - T OOyOD 2N OAhOT COD DY➢G 0 orn2A xN� y �m rmrxkAAom G)p TAT nmrNm xAN mmrnm o �'ns =� iniimvni�Aicnn ANT° 0 oxnym i 2 ° T2� or><T 2 rrnxmo OTAA �,m oToyyNo mx C2cA TAO movo TTA 39 =Hams �2 r•y yYYa\w�Yk OTy� m O�O'3 r' CTS O 00 AYT2 y mocc o TONAm ��� Nroyn n n 000x< or c m A oAyNA n mA� Aon oC\ NTry Nn y TAN N �pmTo nW;Tm �amTm m2 Ai°c amno°o oY� TOTa F°oa Yxo N n0 T yoso c AYYA o y2mx mpNA rSTY rT m os A Ln mmpn�NAT OZ T• xx non no m�xY o�om xmW:- OFo N aii2 lic yON m T�°o n ynA DT➢ mr 2 cD2Fm2A TTm2 OYA y�mT m o TTomxTYT A nF N<A a -,o-- oN• mAOY 2�rA mnm� Or Y- Tn2 ]J (n NSTN-anon T �rnm ��ic no oTymTA oy �m rNA y�yT mm ono T� 2�J T➢A� n� N m NN�aNOYV EDT ➢ y cc 2N< TTCA mrT o oc� o2x bn� n AOT m bo ioyo n p A YO "<NOW; n oW; cs mi O moyx Y x oT cYxo o� xoxmocmm 2` nloTNxcN�p Aom CT T �=T� mp ¢yay yvinFoyvyioo mn �vn o�� o� T ncnoo�x nx y AYTa C)m NOY�AAOT np NAoxTONm NT owob TsmN tim O� A � rnr VOiG TtnrDTN N NO paon � T Nn�T2Gm2N OA Trmrno n y�Tr� m Oi yOm ➢ ADAM F2 Oy amA� 2TTT Ir+IA y NT2y Tr2 T 20T2m OYO °_ W:A��2o� 2yN n�22TAONmO• nnY _A Ym Aono �cmT Ao In�T�'n cI"inAOY>; mciF yT�'T ool"m YT2 2T 2T � Y➢ 2iny 2N2k TyA Tr OC r0 � CTOT Amr2T2 22 Tmr'2TT Y DyT ymT o Ay aAA c rmxT N TY ° TO T Y n TW: �T m not FTy TNrF��AaN 2r � NA ODF YA D mY� yam O aT D Y Y T C �O T 2ND'C T OOAm A aA 2D 2� Y N O< Tm � O TOT ➢ A NA O �A T O mn2Ni � y 2➢ T a Y m 0 Q N N "' o Nm°oAp y Oy Ymy m0 a, �Tny�Vo NT NT 2 2�n xnrny21C+r1 m r � W Z r' W?Ni2Y m m � m O O m O m O m i - T OOyOD 2N OAhOT COD DY➢G 0 orn2A xN� y �m rmrxkAAom G)p TAT nmrNm xAN mmrnm o �'ns =� iniimvni�Aicnn ANT° 0 oxnym i 2 ° T2� or><T 2 rrnxmo OTAA �,m oToyyNo mx C2cA TAO movo TTA 39 =Hams �2 r•y yYYa\w�Yk OTy� m O�O'3 r' CTS O 00 AYT2 y mocc o TONAm ��� Nroyn n n 000x< or c m A oAyNA n mA� Aon oC\ NTry Nn y TAN N �pmTo nW;Tm �amTm m2 Ai°c amno°o oY� TOTa F°oa Yxo N n0 T yoso c AYYA o y2mx mpNA rSTY rT m os A Ln mmpn�NAT OZ T• xx non no m�xY o�om xmW:- OFo N aii2 lic yON m T�°o n ynA DT➢ mr 2 cD2Fm2A TTm2 OYA y�mT m o TTomxTYT A nF N<A a -,o-- oN• mAOY 2�rA mnm� Or Y- Tn2 ]J (n NSTN-anon T �rnm ��ic no oTymTA oy �m rNA y�yT mm ono T� 2�J T➢A� n� N m NN�aNOYV EDT ➢ y cc 2N< TTCA mrT o oc� o2x bn� n AOT m bo ioyo n p A YO "<NOW; n oW; cs mi O moyx Y x oT cYxo o� xoxmocmm 2` nloTNxcN�p Aom CT T �=T� mp ¢yay yvinFoyvyioo mn �vn o�� o� T ncnoo�x nx y AYTa C)m NOY�AAOT np NAoxTONm NT owob TsmN tim O� A � rnr VOiG TtnrDTN ----------------------------------------------------------------------------------------------------------------------- a rn N a w N o m N o m N o m N o m cmjp� i I np� i np� i I np� i �yAiOe �y�iOe �yAiOc �y�iOC OyCnAA 2�OYmT OyCnAA 2�OYmT OypnAA 2�OYmT 3 3 C � O O a 2 5 � A � m # m � I npN z I np� z maw ovziNmc O 0 000 O �_ � N No 000 min O N �myi Toy `myipY n22 YTyrAmC � yCA moAOY A 0�2 U? yCA moaoy Ai0�2 O�OY� O�OY� NOO=N OWOY� No Oo�OY� No 00 Ty ODCnA� cyi�2N Oi+ Ty ODCaA� TNrn DC�nm 2'+ON� O n�i 4' YT rnom q+ n�i yNy YT -rnom N^A TYONO N^A TYONm NyA TSONO NyA TSONO 2^O�ImT OxGY^ ni sNomm 2^�ymT moo ^orny2a m m�2 z yTA mem-2 2N rN N -Ni timA YNONO onzT2 0�imi o�imi oro n 2 N y r oro n 2 N yr oNo n 2 0� y r rY i yOyS A mmm rY i OAO r`INp2 OOA A r�iOVOi Of pYn OSA A r iOVOi w0 pYn O n O 2mAro 2oAro 2oAro OOOm2 OOOm2 O ym2 O mm2 0 0 0 o n o oso 0 oso 0 AiYA2 OP�my AiYA2 Oc�Ty AQ\A2 O TY z m •OSA a x�o •OSA n`2�o OSA ni2�o OSA aZ2�o 2 2 lac 2 D 2 YAon xA0➢ xa0a im N i�xc iT N i�ic nm N cAAxc m m m �NI"m m �NI"m yoo �NI"m yoo yoo yoo Tmn� Tmn� omn� omn� ]pt VNi VNi 2 NON A VNs vNi 2 A N VNi 2 s 2 O m cmo � oN ➢NA n nAymT nein T rnioym moN T-- ioAro 0 2 mT�� ioAro 0 2 �NO2 YrnmAa trio moo n OTY AC OT •2�nE Tx T OT NncoY <y F T2 O Ym T T-�p O Ym T T"CO fTr nN2 xmTA rnr E Oim 2 Anmo 2mn1Am mmyrnn 0;0 0 AQYA2 o •�my oio o AQYA2 o •�my mNym oy� A mo AT2y m➢bc cmrn2 i i➢ occ o ca INTO z< corn oNT2➢ n�22o a�22o NTm� o Nx i ory yob • 2 Tr To �YOAi z Tr To �YOAi m <y T-ro Ac m TzoA �'ii T morAF 2AOn 11 I' II ANYO T^ nm2 GYmN `A2A2 a Y2 O� mNY TN2y rnN2y h� Ya2Dr T2kOx i20� nT N i20^ DT N 000 0 2y 20m `O D `mrn ' 2aY CA2C 1•I N 2T Aar Yy Y�Y�O mONOy �1Yc➢ � 2➢ � TN02AN N rn N T �➢ OGO rnTnx mm A2 rn s TNn yTGOT <orn A Y00 TAA omni Y00 TAA omni m no n2A� NTy>; 20yA Ao2 0 �T a02y 22A0^ no co AAYO y02 STN ANN2 NN m I nOA TON AS O ADN mmcz or� y Tr2 O o o N➢ art rv�2oo N N 02 O o o~m= vrni v2i 2 2mcn i"' moAOY TOAOY mY➢m� -yomrn NNc2Y allo�on oaoy� ori>oy� Trn n A o YNT x OArnrn� MM" 2 Y 2 D OA yNT N YnN �oNx N YnN �a Nx c 2 2 i AOmO G N rnNo mon�� MOON ;n m rn a rn N— OnroA-rn oa my 2"�YNS o� mya2YTo 2"�YNS OSO Y NN�A� Tiao� 2NY' Y Ai •• -Om mN ➢ O A F> yrn O A Ro yrn m TyOa2 NICO A2y0 y' rn D i ➢' ➢ y0 y 2�OA ti ^morn NYA ^rnom NYA OYn c' ^Y N 20 2a O Y OAN<� m OYA �C m TSONO rnSONO yNAT Ty O 2TaTN Nr�mO yi N�ai N�➢i TN - O A � O mAao YT •T AT ➢ TnNr>c A O i Omrn m -m -z i Omrn T�m-i Cy yrnT C N��x Aznoo oAY�O x o oOcnn zmNzc G 2N rN y 2N rN y xTA� nOyr2 n TN yx-m y�Arn oo�o ArnNr N o< aoNo przmz aoNo przmz rNo -rnzaN rm oNoyo ¢ xrn oz y is -m n�oNA oNo n 2o�Yr oNo n zo�Yr AYY i m� mAom �NOr oxTAo mnNa rT2 y rm c y y2 Aommrn y y2 A�mmm ma i O -m ym TrAON OANT Ay• N NyNO �• xrnc m o�A A iNo o^A A W, "Q Nmm� rAoc ON �-• rno� n y 2 N� 2 ' b bbTbm ID AAA2 bbno O O nnOC II� o nN tn n.. cnj i�vAbi 02O aoz ZGlij ani YY n�A 000 N2r a2 O m Y nys N N n 2mZ rnNn o� cib Nn� TC MATED DRAWING NO. 1-24-13 NO2 TC ADDED Trm-I,Trm-2.Trm-3, 10-2-12 i m n Trm-4,Trm-S, AND Trm-6. �N CODES AND DESCRIPTIONS. RELOCATED St. & St -RP Z r m CODES TO ECL d UC SNT. 5 of 6. 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I I E II � 28' D Q Z II n a� m = II yII - O L 1 m � On N II Scs' ro lu _ = u' K n d n = III II III 111 � — 3 3 3 3 3. 3 3 1 ' MI 3 'MIN n O A 0 - O I I III m re - Z o II= = a c Q _ o < v. m x p a m - 2 m mz.m ml 0M ♦ Dom -o 3 \ mm ~ ♦ m D Z m m 70cn ~ m o O Im r D m _ - m 9 m _ D n�m TM, Z� Om- _ _ c� 7 CO W 7J W at c n m m r n - ~ n n �� o O m O ? x NT x m� Tp ti 11 o N � ? C-, rn3 I T o"m _ »� ria LM dN In A D m O A A r A O m m O O Z Z I a n I II II 1 o OVl I I 0 III H ^ m m CZ o"m � CD o m =1 n OVl _ — —O � H ^ z m CZ o"m � CD o m o to Xn D � - Z O a 7) < D m r 70 W< M m �E 0 o gE m 00 0 z m c F-0' 70 m 3 1 � m 3 z D r 7J D m m co r 0 0 E z N 3 � nD = Z Z D z =i 0 \ m mgr V)Zm r D 0 0308 08 3 zT Qmm o C �� QNIU O O O NpN IU �H p N N p O O N p N I U A �l 2 m' �I SS p gQo i " O �O W � 00 W O N� 0000000 W.,� a� owo ggg��Pgg`€Qg���PQg= wo oo w�aoog Nagg�w °nom iNo�cao�o�a�a�a�a�a�ac NQ�QNQ�Q�Q�Q�G�Q�NC�Q, NG�avG�G�G�G�L'NN:NN�De . NaN:Ya�a�a��aNNa�Nr.NNa�a iNo��:�o�o�o��oNNeNNe�e�o• Na��a�a�a�a��aNNZNNe�e�o° � • • . i • Naoaaaaa�aaa�a�a�aaa 0 0308 08 3 zT Qmm o C �� QNIU O O O NpN IU �H p N N p O O N p N I U A �l 2 m' �I SS p gQo i " O �O W � 00 W O N� 0000000 W.,� a� owo ggg��Pgg`€Qg���PQg= wo oo w�aoog Nagg�w °nom p 2Y O z 2 g c J ;• ;• iD � � , W N W Sj ��l�' 2 � 2 0 0308 08 zT Qmm o o p momm �� QNIU O O O NpN IU �H p N N p O O N p N I U A �l 2 m' �I SS p gQo i " No Text EXHIBIT “H” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Baldwin Paving Company, Inc. or any of its subcontractors in connection with the construction of the Hopewell Road/ Birmingham Road Intersection Improvements for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of Baldwin Paving Company, Inc. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ EXHIBIT “I” During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agree as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the (Recipient) or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the (Recipient), or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies; and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the (Recipient) or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the (Recipient) enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States HOME OF ' ?RvIA' ESTABLISHFD 20{}6 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 27, 2015 FROM: City Manager AGENDA ITEM: Proclamation MDA City of Milton Firefighter Appreciation. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMADON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES VNO CITY ATTORNEY REVIEW REQUIRED: () YES XNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: Q170qrS REMARKS # 4 ® V You( PHONE: 678.242.2500 FAX: 678.242.2499 Green info@cityofmiltonga.us I www.cityofmilfongp.us ILPHI E Communif � y e4;�� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "" MDA City of Milton Firefighter Appreciation WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving services to the citizens of their community; and WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires and rescuing those trapped in infernos, as well as saving citizens from emergencies that could have been deadly situations; and WHEREAS, Georgia firefighters contribute significantly to the continued well-being of Georgians through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy to supporting the Muscular Dystrophy Association, raising more than $488,000 over our nine year partnership; and WHEREAS, many of Milton’s most deserving citizens have benefited from the funds raised by firefighters in the “Fill-the-Boot” Campaign, and these public servants make invaluable contributions to our community in all the tasks they perform. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim April through September, as “MDA Firefighter Appreciation” time in the City of Milton and encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters on behalf of MDA. Given under our hand and seal of the City of Milton, Georgia on this 4th day of May, 2015. _________________________ Mayor Joe Lockwood HOMEOF ,Tye s1 T Qf.,aLirY OF LIF GEORGIA'IrGEORGIA' MI-LTON ESTA €iLItiHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, May 4, 2015 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 9 NO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR. REMARKS o S -D � / -5- 1 4 © 10 Your 0*** PHONE: 678.242.25001 FAX. 678.242.2499 Green- ap*Certifiei* Topt°° ( E)' of info@cityofmiltongmus i www.cityofmiltonga.us ��T�� Community ". Ech'- 13000 Deerfield Parkway, Suite 107 1 Miiton GA 30004 �,A7 Page 1 of 2 STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2015 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on May 18, 2015 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2015 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2015 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2015 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 18th day of May, 2015. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Bill Lusk Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: May 4, 2015 Public Hearing: May 18, 2015 Ratification: May 18, 2015 City of Milton, Georgia Fiscal Year 2015 Summary of Departmental Budget Amendments The goal of the fiscal year 2015 budget amendment is mainly to account for the additional local option sales tax revenues the City anticipates to receive as a result of the finalized negotiations for this revenue source. This amendment also revises departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 410,493 Expenditure Appropriation Increase 410,493 Net Revenue/(Expenditure) Requests:- Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2015 revenue estimates could be adjusted by the amounts indicated in the table on pages 3 and 4. Some of the most significant changes are explained as follows: 1. Prior year property taxes and utility taxes were increased by $120,000 and $23,500, respectively, to account for higher-than-anticipated collections. 2. Motor vehicle taxes previously consisted of the “birthday tax” and the new method of taxation called the title ad valorem tax. We have split these two revenue sources out and have adjusted the appropriations accordingly. You’ll notice a decrease in motor vehicle tax of $640,000 and an increase of $720,000 in title ad valorem tax. The variance of $80,000 accounts for the higher-than-anticipated trend in collections. 3. Building permit revenues continue to trend upward and an amendment of $70,000 is being proposed. FY 2015 Budget Amendment #1 Page 1 of 20 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) TAXES Current Yr Property Taxes-Real 7,948,755 8,579,384 8,400,000 - 8,400,000 - 8,400,000 Current Yr Property Taxes-Utility 60,042 57,084 57,000 23,500 80,500 80,123 377 Prior Yr Property Taxes-Real 298,587 203,540 200,000 120,000 320,000 319,179 821 Current Yr Prop Taxes-Personal 200,861 191,084 190,000 - 190,000 - 190,000 Motor Vehicle Tax 751,348 1,018,927 915,000 (640,000) 275,000 154,422 120,578 Title Ad Valorem Tax - - - 720,000 720,000 332,981 387,019 Intangible Tax 269,681 185,431 150,000 25,000 175,000 93,844 81,156 Prior Yr Prop Taxes-Personal 11,422 5,136 5,000 (3,000) 2,000 1,657 343 Real Estate Transfer Tax 71,341 78,685 75,000 - 75,000 43,936 31,064 Franchise Fees 1,867,963 1,937,428 1,850,000 - 1,850,000 896,453 953,547 Local Option Sales Tax 3,983,981 7,722,018 8,000,000 - 8,000,000 3,513,157 4,486,843 Alcohol Beverage Excise Tax 298,125 297,010 285,000 10,000 295,000 139,832 155,168 Business & Occupation Tax 663,050 673,614 660,000 - 660,000 588,004 71,996 Insurance Premium Tax 1,684,784 1,764,314 1,650,000 30,000 1,680,000 - 1,680,000 Financial Institution Tax 33,918 35,172 33,000 6,673 39,673 39,673 - Penalties & Interest-Real Prop 23,285 25,515 22,000 22,000 19,512 2,488 Penalties & Interest-Pers Prop 2,606 324 500 - 500 275 225 Penalties & Interest-Business Lic 15,673 16,102 12,000 - 12,000 705 11,295 Penalties & Interest-Other - - - - - 236 (236) Total: Taxes 18,185,424 22,790,767 22,504,500 292,173 22,796,673 6,223,990 16,572,683 LICENSES & PERMITS Alcohol Beverage Licenses 145,600 138,600 135,000 12,400 147,400 147,400 - Advertising Fee 1,072 1,600 1,000 800 1,800 1,800 - Pouring Permit 5,970 6,255 5,500 - 5,500 4,215 1,285 Solicitation Permit 1,170 195 300 - 300 195 105 Zoning & Land Use Permits 21,147 21,775 15,000 - 15,000 6,625 8,375 Land Disturbance 85,860 263,920 200,000 - 200,000 49,135 150,865 Modification 100 2,100 1,600 - 1,600 350 1,250 Variance 3,425 5,200 3,000 2,500 5,500 5,500 - Seasonal & Special Events 880 1,580 800 - 800 1,010 (210) Sign Permits 4,673 8,425 3,500 - 3,500 3,749 (249) Building Permits 405,191 460,286 400,000 70,000 470,000 230,404 239,596 NPDES Fees 3,066 13,301 6,000 - 6,000 1,304 4,696 Taxi & Driver Permitting Fees 200 1,500 1,000 - 1,000 200 800 Penalties & Interest-Alcohol Beverage Lic 5,639 127 100 - 100 10 90 Total: Licenses & Permits 683,992 924,864 772,800 85,700 858,500 451,898 406,602 INTERGOVERNMENTAL REVENUES Fulton County/SSD Funds 48,298 1,711 - - - - - Total: Intergovernmental Revenues 48,298 1,711 - - - - - CHARGES FOR SERVICES Precious Metals Work Permit Admin Fee 70 - - - - - - Finance Admin Fee 68,250 69,645 65,000 - 65,000 54,275 10,725 Court Admin Fee 159,812 237,744 190,000 - 190,000 73,857 116,143 Maps & Cert Letters 390 510 200 - 200 240 (40) Plan Review Fees 155,030 198,108 125,000 - 125,000 103,622 21,378 Open Records Fees 598 547 350 - 350 454 (104) Online Payment Convenience Fee 4,284 3,686 8,500 - 8,500 3,508 4,993 Development Bond Fee 200 1,400 500 - 500 400 100 Development Bond Fee to Offset Legal Expense - 8,500 - 2,000 2,000 2,000 - Election Qualifying Fee 2,250 - 2,000 - 2,000 - 2,000 Accident Reports 1,140 56 100 - 100 - 100 Expungement Fees 2,200 1,700 1,700 - 1,700 (50) 1,750 Alarm Registration (1,050) - - - - - - False Alarms 6,300 5,100 4,000 - 4,000 3,600 400 Fire Plan Review 913 1,229 800 - 800 461 339 Fire Inspection 170 4,200 2,500 - 2,500 1,490 1,010 Fingerprinting Fee 1,720 4,201 4,000 - 4,000 3,200 800 Medical Reimbursement - - 3,000 (3,000) - - - Revenues FY 2015 FY 2013 Actuals Account Name FY 2014 Actuals FY 2015 Budget Amendment #1 Page 2 of 20 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Revenues FY 2015 FY 2013 Actuals Account Name FY 2014 Actuals CPR Classes 444 210 100 - 100 86 14 Self Defense Class 1,320 1,050 1,000 - 1,000 445 555 Background Check Fees 14,995 17,125 14,000 - 14,000 9,035 4,965 Activitiy Fees/Joyful Soles 15,515 17,133 17,000 - 17,000 10,950 6,050 Facility Rental 2,633 - - - - - - Activity Commissions 48,041 - - - - - - Activity Commissions/ATPP - - 250 - 250 - 250 Activity Commissions/Core Physique - 4,104 2,000 - 2,000 1,379 621 Activity Commissions/Eagle Stix Lacrosse - - 8,500 - 8,500 4,435 4,065 Activity Commissions/Kim Saunders Yoga - 5,586 3,000 - 3,000 1,338 1,662 Activity Commissions/North GA Rec - 23,020 18,500 - 18,500 9,070 9,431 Activity Commissions/Sperber Music - 1,091 500 - 500 43 457 Activity Commissions/YMCA - 2,286 - - - - - Activity Commissions/Blaze Sports - - 1,000 - 1,000 300 700 Activity Commissions/Halftime Sports - 2,464 3,500 - 3,500 - 3,500 Activity Commissions/HYA - - 1,500 - 1,500 - 1,500 Activity Commissions/NFL Youth Flag Football - 848 2,500 - 2,500 - 2,500 Activity Commissions/Southern Educational Resources - 4,045 5,000 - 5,000 - 5,000 Activity Commissions/Wacky Schoolers - - 250 - 250 - 250 Bad Check Fees 30 395 150 - 150 330 (180) Total: Charges for Services 485,314 615,982 486,400 (1,000) 485,400 284,467 200,933 FINES & FORFEITURES Fines & Forfeitures 382,434 580,219 550,000 - 550,000 273,301 276,699 Ordinance Fines - 1,950 1,000 - 1,000 - 1,000 Total: Fines & Forfeitures 382,434 582,169 551,000 - 551,000 273,301 277,699 INVESTMENT INCOME Interest Revenue 2,330 541 500 - 500 328 172 Realized Gain/Loss on Investmt 17,018 21,578 17,000 5,000 22,000 15,540 6,460 Total: Investment Income 19,347 22,119 17,500 5,000 22,500 15,868 6,632 CONTRIBUTIONS & DONATIONS Donation Revenue 100 - - - - - Donation Revenue-Pub Sfty 3,358 992 - - - 50 (50) Donation Revenue-Public Safety Fd 3,317 - - - - - - Donation Revenue-R.A.D. 1,000 - - - - - - Donation Revenue-Golf Tournament 23,605 - - - - - - Donation Revenue-Community Development 195 123 - - - - - Donation Revenue-Parks & Recreation - 52 - - - - - Donation Revenue-Joyful Soles - - - - - 620 (620) Total: Contributions & Donations 31,475 2,357 - - - 3,209 (3,209) MISCELLANEOUS REVENUE Cell Tower Lease 17,940 17,940 17,940 - 17,940 8,372 9,568 Lease-15315 Thompson Rd 2,374 - - - - - - Lease-15260 Bell Park Rd 110 30 - - - - - Facility Rental - - 2,200 - 2,200 - 2,200 Facility Rental/Bethwell Community Center - 1,970 - - - 810 (810) Facility Rental/Friendship Park - 480 - - - 80 (80) Facility Rental/Bell Memorial Park - 250 - - - - - Insurance Proceeds 2,642 - - - - - - Insurance Proceeds-Pub Sfty 10,400 476 - 10,900 10,900 10,900 (0) Insurance Proceeds-PW 8,816 19,356 - 2,550 2,550 2,550 - Other Misc Revenue 4,405 12,034 3,000 10,070 13,070 13,070 0 Over/Short Cash Drawer (10) (83) - - - 12 (12) Evidence Room Unclaimed Cash - - - - - 568 (568) Total: Miscellaneous Revenue 47,370 53,539 23,140 23,520 46,660 36,362 10,298 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 20,000 20,000 20,000 - 20,000 - 20,000 Sale of Surplus Equipment 42,616 16,761 10,900 5,100 16,000 15,141 859 Total: Other Financing Sources 62,616 36,761 30,900 5,100 36,000 15,141 20,859 TOTAL 19,946,271 25,030,270 24,386,240 410,493 24,796,733 7,304,235 17,492,498 FY 2015 Budget Amendment #1 Page 3 of 20 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. General Fund FY 2015 Approved Budget Requested Budget Amendment Amended Budget Revenues Taxes 18,185,424 22,790,767 22,504,500 292,173 22,796,673 Licenses & Permits 683,992 924,864 772,800 85,700 858,500 Intergovernmental Revenues 48,298 1,711 - - - Charges for Services 485,314 615,982 486,400 (1,000) 485,400 Fines & Forfeitures 382,434 582,169 551,000 - 551,000 Investment Income 19,347 22,119 17,500 5,000 22,500 Contributions & Donations 31,475 2,357 - - - Miscellaneous Revenue 47,370 53,539 23,140 23,520 46,660 Other Financing Sources 62,616 36,761 30,900 5,100 36,000 Total Revenues 19,946,271 25,030,270 24,386,240 410,493 24,796,733 Expenditures Mayor & Council 167,312 143,961 166,010 6,800 172,810 City Manager 282,478 536,496 675,067 - 675,067 City Clerk 189,733 172,811 192,358 - 192,358 General Administration 31,692 38,503 39,414 - 39,414 Finance 479,962 383,331 431,244 - 431,244 Legal 216,208 299,448 230,000 - 230,000 Information Technology 565,650 532,035 772,467 15,711 788,178 Human Resources 272,206 267,537 323,149 - 323,149 Risk Management 182,588 183,009 251,855 - 251,855 General Govt Buildings 337,349 453,260 380,230 6,255 386,485 Public Info & Marketing 154,213 197,793 358,730 - 358,730 Municipal Court 233,588 254,698 301,471 - 301,471 Public Safety: Administration - - - - - Police 2,846,047 3,157,817 3,956,660 10,900 3,967,560 Fire 4,458,410 5,099,302 5,566,535 - 5,566,535 EMS Operations 99,187 - - - - Public Works 1,511,028 1,742,108 1,724,863 18,000 1,742,863 Parks & Recreation 754,479 748,116 950,945 - 950,945 Community Development 938,323 1,028,155 978,451 - 978,451 Economic Development 43,914 78,313 79,941 - 79,941 Debt Service 90,769 90,769 184,517 (5,400) 179,117 Other Financing Uses 6,702,559 8,313,444 10,923,955 358,227 11,282,182 Contingency - - 177,068 - 177,068 Total Expenditures 20,557,695 23,720,905 28,664,930 410,493 29,075,423 Total Revenues Over/(Under) Expenditures (611,424) 1,309,365 (4,278,690) - Beginning Fund Balance 10,100,799 9,489,374 10,798,739 Ending Fund Balance 9,489,374 10,798,739 6,520,049 Actuals FY 2014 Actuals FY 2013 FY 2015 Budget Amendment #1 Page 4 of 20 Mayor & Council Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 101,389 100,889 101,000 - 101,000 47,781 53,219 STIPEND / THURMAN 441 451 2,000 - 2,000 - 2,000 STIPEND / KUNZ 1,152 1,162 2,000 - 2,000 237 1,763 STIPEND / LUSK 441 451 2,000 - 2,000 - 2,000 STIPEND / HEWITT 441 451 2,000 - 2,000 - 2,000 STIPEND / LONGORIA 441 451 2,000 - 2,000 - 2,000 STIPEND / LARGE 796 1,237 2,000 - 2,000 424 1,576 STIPEND / LOCKWOOD 1,186 1,193 3,000 - 3,000 364 2,636 Total: Salaries & Wages 106,286 106,284 116,000 - 116,000 48,806 67,194 Employee Benefits EMPLOYEE BENEFITS / 401A (SS MATCH)3,812 3,783 3,791 - 3,791 1,792 1,999 EMPLOYEE BENEFITS / FICA MEDICARE 1,357 1,463 1,468 - 1,468 693 775 UNEMPLOYMENT INSURANCE 426 355 420 - 420 141 279 WORKER'S COMPENSATION 139 257 381 - 381 518 (137) Total: Employee Benefits 5,734 5,859 6,060 - 6,060 3,144 2,916 Purchased Professional and Technical Services PROFESSIONAL FEES 19,057 - - 600 600 600 - FACILITATOR/CONFERENCE - - 6,800 - 6,800 - 6,800 PROGRESS PARTNERS - - - - - - - Total: Purchased Professional and Technical Services 19,057 - 6,800 600 7,400 600 6,800 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES - 319 - - - 165 (165) Total: Purchased-Property Services - 319 - - - 165 (165) Other Purchased Services ADVERTISING: High School Booster Ads 1,150 1,262 1,150 - 1,150 - 1,150 PRINTING: Business Cards, Name Badges 660 91 600 - 600 - 600 TRAVEL GENERAL - 330 - - - - - ANNUAL GMA CONFERENCE 9,057 7,469 7,000 - 7,000 - 7,000 MAYOR'S DAY 1,457 743 2,500 - 2,500 894 1,606 Total Travel 10,514 8,541 9,500 - 9,500 894 8,606 DUES AND FEES GREATER NORTH FULTON CHAMBER 5,000 1,250 5,000 3,750 8,750 8,750 - NORTH FULTON BUSINESS EXPO - - - - - - - GEORGIA MUNICIPAL ASSOCIATION ANNUAL FEES 8,705 9,931 10,500 - 10,500 5,041 5,459 Total Dues and Fees 13,705 11,181 15,500 3,750 19,250 13,791 5,459 EDUCATION & TRAINING ANNUAL GMA CONFERENCE COSTS 4,090 4,360 4,300 - 4,300 - 4,300 MAYOR'S DAY 3,045 2,310 2,500 2,450 4,950 4,940 10 ELECTED OFFICIALS TRAINING 1,800 325 1,800 - 1,800 - 1,800 Total Education & Training 8,935 6,995 8,600 2,450 11,050 4,940 6,110 Total: Other Purchased Services 34,964 28,071 35,350 6,200 41,550 19,625 21,925 Supplies SUPPLIES / GENERAL SUPPLIES 369 2,164 500 - 500 18 482 SUPPLIES / FOOD/MEALS: Citizen Meetings 616 781 800 - 800 122 678 Total: Supplies 985 2,945 1,300 - 1,300 140 1,160 Other Costs PAYMENT TO OTHERS / NON-RECURRING 287 483 500 - 500 25 475 Total: Other Costs 287 483 500 - 500 25 475 Total: Mayor & Council 167,312 143,961 166,010 6,800 172,810 72,505 100,305 FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendment #1 Page 5 of 20 Mayor & Council Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals FY 2014 Actuals FY 2015 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Professional Fees 600 2. Dues & Fees/Greater North Fulton Chamber 3,750 3. Education & Training/Mayor's Day 2,450 Total Increase 6,800$ 6,800$ To cover cost of sound system at Town Hall meeting The annual dues for FY14 were invoiced after the fiscal year ended. All elected official attended Mayor's Day training TOTAL BUDGET AMENDMENTS FY 2015 Budget Amendment #1 Page 6 of 20 Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES - 77,901 87,549 - 87,549 41,134 46,415 Total: Salaries & Wages - 77,901 87,549 - 87,549 41,134 46,415 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE - 11,905 10,259 - 10,259 8,357 1,902 EMPLOYEE BENEFITS / 401A (SS MATCH)- 2,921 3,261 - 3,261 1,543 1,718 EMPLOYEE BENEFITS / FICA MEDICARE - 1,089 1,261 - 1,261 563 698 401A 1% MATCH - - 869 - 869 - 869 PENSION (GMEBS)- 6,858 7,825 - 7,825 2,307 5,518 UNEMPLOYMENT INSURANCE - 110 60 - 60 49 11 WORKER'S COMPENSATION (404) 29 330 - 330 61 269 Total: Employee Benefits (404) 22,912 23,865 - 23,865 12,881 10,984 Purchased Professional and Technical Services PROFESSIONAL FEES - 1,677 5,000 - 5,000 1,519 3,481 Total: Purchased Professional and Technical Services - 1,677 5,000 - 5,000 1,519 3,481 Other Purchased Services COMMUNICATIONS 76 - - - - - - CELL PHONE 819 1,229 1,000 - 1,000 610 390 FIRE DEPT POTS LINES 11,536 11,566 12,000 - 12,000 6,765 5,235 ATT - CITY HALL POTS LINES/BANDWIDTH 74,376 48,880 80,000 - 80,000 32,283 47,717 ATT - PUBLIC SAFETY BANDWIDTH 16,100 34,027 25,000 - 25,000 14,436 10,564 COMCAST-STATION 43/BANDWIDTH - 4,643 17,000 - 17,000 5,879 11,121 POSTAGE - 156 - - - 1 (1) Total: Communications 102,908 100,501 135,000 - 135,000 59,975 75,025 TRAVEL - - 500 - 500 - 500 EDUCATION & TRAINING - - 1,000 - 1,000 - 1,000 MAINTENANCE CONTRACTS OPTIVIEW 13,089 10,930 11,000 - 11,000 10,225 775 GODADDY .COM 1,225 13 1,425 - 1,425 - 1,425 EXPERTS-EXCHANGE 155 162 160 - 160 100 60 ENERGOV 12,147 17,308 18,000 - 18,000 11,226 6,774 ARC GIS 7,726 7,675 7,900 - 7,900 7,700 200 SHORETEL 6,462 4,895 5,000 - 5,000 5,120 (120) INCODE 20,578 21,577 22,500 - 22,500 31,538 (9,038) MDS MAINTENANCE - - - - - - - ALEN SIMS 1,440 1,440 1,800 - 1,800 1,080 720 OFFSITE BACKUP 8,175 6,625 8,000 - 8,000 - 8,000 FIREHOUSE 10,965 8,817 9,500 - 9,500 10,719 (1,219) NETMOTION 5,034 4,370 6,000 - 6,000 4,841 1,159 GUARDIAN TRACKING 1,156 408 1,200 - 1,200 1,424 (224) OSSI 32,118 45,219 33,000 - 33,000 30,079 2,921 DIGICERT 225 338 500 - 500 113 387 SYMANTEC ANTI-VIRUS 933 - - - - - - IT IGA JOHNS CREEK 221,776 55,897 42,900 - 42,900 24,847 18,053 BARRACUDA MESSAGE MAINT.3,122 3,788 4,000 - 4,000 7,243 (3,243) L-3 COMMUNICATIONS 9,899 11,561 15,250 - 15,250 - 15,250 EMS TRAINING AIDS 3,538 3,726 4,000 - 4,000 626 3,374 PINPOINT - - 3,180 - 3,180 - 3,180 MICROPAVER - - 550 - 550 - 550 2FA - 281 400 - 400 439 (39) WORK ZONE - 1,950 2,000 - 2,000 2,250 (250) CLOUD SOLUTION - - 243,888 - 243,888 152,032 91,856 OPEN GOV - - - 6,500 6,500 6,500 - ICMA ANALYTICS TOOL - - - 9,211 9,211 - 9,211 Total: Maintenance Contracts 359,763 206,980 442,153 15,711 457,864 308,100 149,764 Total: Other Purchased Services 462,671 307,481 578,653 15,711 594,364 368,075 226,289 Supplies SUPPLIES / GENERAL SUPPLIES - - - - - - - PRINTER MAINTENANCE KITS 1,159 639 1,500 - 1,500 - 1,500 FY 2015 FY 2013 Actuals FY 2014 Actuals FY 2015 Budget Amendment #1 Page 7 of 20 Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2015 FY 2013 Actuals FY 2014 Actuals PLOTTER INK 264 2,595 2,000 - 2,000 168 1,832 PLOTTER PAPER 300 472 750 - 750 543 207 Total: General Supplies 1,723 3,705 4,250 - 4,250 710 3,540 Total: Supplies 1,723 3,705 4,250 - 4,250 710 3,540 Machinery & Equipment COMPUTER / SOFTWARE 5,118 5,497 4,000 - 4,000 2,274 1,726 COMPUTER / HARDWARE 74,782 87,153 50,000 - 50,000 15,657 34,343 OTHER EQUIPMENT COMPUTER EQUIP&SUPPLIES 6,651 8,819 7,500 - 7,500 1,919 5,581 DESKTOP PRINTERS 14,977 15,444 10,000 - 10,000 - 10,000 CITY PHONE SYSTEM 64 1,446 1,500 - 1,500 - 1,500 OTHER - - - - - 551 (551) CELL PHONES 67 - 150 - 150 - 150 Total: Other Equipment 21,760 25,709 19,150 - 19,150 2,471 16,679 Total: Machinery & Equipment 101,660 118,359 73,150 - 73,150 20,402 52,748 Total: Information Technology 565,650 532,035 772,467 15,711 788,178 444,720 343,458 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Maintenance Contracts/OpenGov 6,500 2. Maintenance Contracts/ICMA Analytics Tool 9,211 Total Increase 15,711$ 15,711$ TOTAL BUDGET AMENDMENTS Annual maintenance fee for this cloud-based tool that promotes transparency in financial analysis and reporting. Software solution that provides greater transparency and stronger accountability for organization-wide performance measures through a cloud-based reporting tool. FY 2015 Budget Amendment #1 Page 8 of 20 General Government Buildings Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 3/9/15 Budget Remaining (after adj) Purchased Professional and Technical Services PROFESSIONAL FEES 3,758 393 - - - - - FACILITIES REPAIRS & MAINTENANCE 3,394 87,821 5,000 - 5,000 4,146 854 GROUNDS REPAIRS & MAINTENANCE 488 - - - - - - Total: Purchased Professional and Technical Services 7,641 88,214 5,000 - 5,000 4,146 854 Purchased-Property Services RENTAL LAND & BUILDINGS 321,422 364,278 375,230 - 375,230 218,884 156,346 Total: Purchased-Property Services 321,422 364,278 375,230 - 375,230 218,884 156,346 Other Purchased Services MAINTENANCE CONTRACTS - - - - - - - OTHER PURCHASED SERVICES 160 - - - - - - Total: Other Purchased Services 160 - - - - - - Machinery & Equipment OTHER EQUIP/CELL PHONE REPLACEMENT - 768 - - - - - Total: Machinery & Equipment - 768 - - - - - Other Costs INTERGOVERNMENTAL 8,126 - - 6,255 6,255 4,455 1,800 Total: Other Costs 8,126 - - 6,255 6,255 4,455 1,800 Total: General Government Buildings 337,349 453,260 380,230 6,255 386,485 227,485 159,000 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Intergovernmental 6,255 Total Increase 6,255$ 6,255$ To reflect Fulton County property taxes paid on parcels acquired during the year. Once the City becomes the owner of record, we will be exempt from the taxes. TOTAL BUDGET AMENDMENTS FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendment #1 Page 9 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 1,601,003 1,705,517 2,121,696 - 2,121,696 919,408 1,202,288 SALARIES AND WAGES / OVERTIME 65,255 62,472 60,000 - 60,000 32,089 27,911 SALARIES AND WAGES / RESTRICTED ON-CALL PAY 8,677 8,447 9,000 - 9,000 4,251 4,749 SALARIES AND WAGES / HOLIDAY PAY 101,040 87,150 94,000 - 94,000 78,671 15,329 Total: Salaries & Wages 1,775,976 1,863,585 2,284,696 - 2,284,696 1,034,419 1,250,277 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 256,295 313,861 422,233 - 422,233 251,132 171,101 EMPLOYEE BENEFITS / 401A (SS MATCH)66,989 71,860 86,419 - 86,419 42,925 43,494 EMPLOYEE BENEFITS / FICA MEDICARE 24,628 25,922 30,810 - 30,810 14,548 16,262 401A 1% MATCH 10,224 13,163 51,444 - 51,444 13,936 37,508 PENSION (GMEBS)89,969 147,595 164,283 - 164,283 61,248 103,035 TUITION REIMBURSEMENT 2,847 6,442 9,000 - 9,000 2,740 6,260 UNEMPLOYMENT INSURANCE 2,359 1,970 2,640 - 2,640 2,099 541 WORKER'S COMPENSATION 59,530 71,374 110,589 - 110,589 51,484 59,106 FLEXIBLE SPENDING 4,200 4,200 - - - 4,800 (4,800) Total: Employee Benefits 517,041 656,387 877,418 - 877,418 444,912 432,506 Purchased Professional and Technical Services PROFESSIONAL FEES 592 1,910 2,000 - 2,000 640 1,360 LASER & RADAR RECERTIFICATION 750 1,225 1,300 - 1,300 1,742 (442) K-9 306 1,030 2,500 - 2,500 945 1,555 GRAPHICS FOR PATROL CARS 1,740 1,222 2,000 - 2,000 704 1,296 INMATE MEDICAL SERVICES 20,738 35,464 35,000 - 35,000 6,805 28,195 TAG & TITLE APPLICATIONS 395 429 600 - 600 310 290 RECRUITMENT TESTING-POLYGRAPH 900 1,200 2,700 - 2,700 900 1,800 RECRUITMENT TESTING - PYSCH 1,800 1,000 2,400 - 2,400 1,800 600 WRITTEN ENTRY LEVEL TEST 1,190 885 1,000 - 1,000 710 290 PROMOTION EXAMINATIONS 554 533 1,100 - 1,100 - 1,100 EMPLOYMENT BACKGROUND CHECKS 845 1,898 1,500 - 1,500 1,692 (192) IACP NET YEARLY FEES 800 800 800 - 800 1,000 (200) HEALTH & WELLNESS PROGRAM 7,780 8,788 13,000 - 13,000 9,115 3,885 Total: Professional Fees 38,389 56,383 65,900 - 65,900 26,363 39,537 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB 2,128 2,128 3,000 - 3,000 2,128 872 OTHER INVESTIGATIVE FEES 2,030 192 1,000 - 1,000 132 868 Total: Professional Fees/Investigations 4,158 2,320 4,000 - 4,000 2,260 1,740 EQUIPMENT REPAIR & MAINT 1,245 497 500 - 500 923 (423) EQUIPMENT R&M/MOTOROLA RADIOS 194 647 1,000 - 1,000 89 911 Total: Equipment Repair & Maintenance 1,438 1,144 1,500 - 1,500 1,012 488 FACILITIES REPAIR & MAINT 2,010 1,809 1,000 - 1,000 395 605 VEHICLE REPAIR & MAINT 74,057 57,741 85,000 10,900 95,900 28,559 67,341 RENTAL LAND & BUILDINGS: Range fees 5,335 4,005 6,680 - 6,680 6,585 95 Total: Purchased Professional and Technical Services 125,388 123,402 164,080 10,900 174,980 65,174 109,806 Other Purchased Services COMMUNICATIONS 29,636 28,961 42,812 - 42,812 14,765 28,047 POSTAGE 1,419 1,143 1,200 - 1,200 666 534 PRINTING CITATIONS, FORMS & DOCUMENTS 1,390 3,114 1,000 - 1,000 1,428 (428) BUSINESS CARDS 1,413 1,210 1,000 - 1,000 741 259 Total: Printing 2,803 4,324 2,000 - 2,000 2,169 (169) TRAVEL 3,231 1,658 2,000 - 2,000 14 1,986 CRUISE CARDS 580 80 - - - (41) 41 IACP CONFERENCE 913 2,134 3,606 - 3,606 2,036 1,570 CALEA CONFERENCE 1,229 3,656 3,800 - 3,800 - 3,800 UPD 184 2,363 2,000 - 2,000 2,305 (305) K-9 - 69 4,018 - 4,018 1,572 2,446 SWAT - 571 1,200 - 1,200 495 705 RECORDS CLERK CONFERENCE 196 662 800 - 800 152 648 GACP CONFERENCE 1,075 281 900 - 900 - 900 FY 2013 Actuals Police FY 2014 Actuals FY 2015 FY 2015 Budget Amendment #1 Page 10 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals Police FY 2014 Actuals FY 2015 GPSTC 83 791 800 - 800 - 800 CID TRAVEL - - 2,000 - 2,000 - 2,000 GPAC TRAVEL 480 939 1,800 - 1,800 742 1,058 AA/TAC CONFERENCE - - 500 - 500 - 500 COMMAND COLLEGE - 2,723 - - - - - GACE CONFERENCE - - 400 - 400 - 400 Total: Travel 7,970 15,927 23,824 - 23,824 7,276 16,548 DUES AND FEES 316 737 1,000 - 1,000 721 279 GEORGIA POLICE ACCREDITATION COALITION 75 75 75 - 75 94 (19) GEORGIA ASSN OF CHIEFS OF POLICE 450 600 700 - 700 350 350 INTERNATIONAL ASSN OF CHIEFS OF POLICE 319 384 480 - 480 1,093 (613) POST FEES 361 522 1,200 - 1,200 714 486 ACCREDITATION FEES - 2,663 4,065 - 4,065 2,033 2,033 IALEFI 55 14 65 - 65 - 65 CID CONFIDENTIAL FUNDS - - 500 - 500 - 500 GACE - - 50 - 50 - 50 Total: Dues and Fees 1,576 4,995 8,135 - 8,135 5,005 3,130 EDUCATION & TRAINING 598 448 1,500 - 1,500 356 1,144 PROFESSIONAL DEVELOPMENT UPD 650 1,825 2,000 - 2,000 2,235 (235) GACP CONFERENCE 375 100 400 - 400 - 400 RECORDS CLERK CONFERENCE 225 250 700 - 700 - 700 AA/TAC CONFERENCE - 125 250 - 250 - 250 CRIMINAL INVESTIGATIONS 1,866 1,165 2,000 - 2,000 - 2,000 CANINE TRAINING - 325 6,750 - 6,750 6,650 100 NCGLEA 2,400 3,425 7,400 - 7,400 3,800 3,600 IACP CONFERENCE 275 - 645 - 645 - 645 SWAT - - 1,200 - 1,200 945 255 PROFESSIONAL MANAGEMENT PROGRAM 3,905 2,997 - - - - - CALEA CONFERENCE 1,275 1,435 2,720 - 2,720 - 2,720 R.A.D 3,110 1,204 2,000 - 2,000 1,000 1,000 INSTRUCTOR TRAINING 1,850 1,640 1,200 - 1,200 - 1,200 GPAC TRAINING 200 400 400 - 400 - 400 COMMAND COLLEGE - 3,582 - - - 510 (510) GACE CONFERENCE AND WORKSHOPS - - 740 - 740 - 740 Total: Education & Training 16,729 18,921 29,905 - 29,905 15,496 14,409 MAINTENANCE CONTRACTS INMATE SERVICES - - 5,000 - 5,000 - 5,000 PROPERTY & EVIDENCE IGA 58,901 65,000 60,000 - 60,000 20,000 40,000 800 MHZ FEES TO FULTON CTY 12,037 12,418 26,400 - 26,400 8,116 18,284 INNOVATIVE DATA SOLUTIONS 2,860 3,076 4,500 - 4,500 4,743 (243) ANIMAL CONTROL - FULTON CO 26,513 26,942 29,201 - 29,201 18,426 10,775 CHOICEPOINT/CLEAR 3,899 4,096 4,620 - 4,620 2,237 2,383 CRIME REPORTS 3,576 3,576 4,700 - 4,700 2,982 1,718 CELLEBRITE SYS 2,999 1,550 3,100 - 3,100 1,549 1,551 AFIS CIRCUIT 7,645 9,999 10,300 - 10,300 4,919 5,381 RING CENTRAL 96 - 500 - 500 96 404 ELECTRONIC WARRANT INTERCHANGE - 324 1,300 - 1,300 647 653 VIGILANT SOLUTIONS - - 725 - 725 - 725 BODY WORN CAMERAS - - 8,193 - 8,193 - 8,193 Total: Maintenance Contracts 118,527 126,979 158,539 - 158,539 63,715 94,824 Total: Other Purchased Services 178,659 201,251 266,415 - 266,415 109,091 157,324 Supplies SUPPLIES / GENERAL SUPPLIES 7,903 8,053 12,000 - 12,000 5,510 6,490 AMMUNITION 14,570 16,091 16,000 - 16,000 13,331 2,669 K-9 458 1,106 500 - 500 188 312 NEW EMPLOYEES 4,373 12,602 4,230 - 4,230 2,369 1,861 RANGE SUPPLIES 850 798 1,000 - 1,000 880 120 FIRST AID KITS - 431 500 - 500 1,482 (982) ALCO SENSOR MOUTH PIECES 161 60 200 - 200 - 200 FY 2015 Budget Amendment #1 Page 11 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals Police FY 2014 Actuals FY 2015 ID CARDS AND SETUP FEE 266 159 400 - 400 458 (58) GOLF TOURNAMENT SUPPLIES 7,078 400 - - - - - JAIL SUPPLIES 1,183 1,588 1,500 - 1,500 330 1,170 Total: General Supplies 36,842 41,289 36,330 - 36,330 24,548 11,782 SUPPLIES / GASOLINE/DIESEL 136,937 152,466 160,000 - 160,000 64,558 95,442 SUPPLIES / FOOD/MEALS 558 716 500 - 500 772 (272) BOOK & PERIODICALS/EDUCATION & REFERENCE 124 59 200 - 200 260 (60) SUPPLIES / UNIFORMS 22,264 27,659 35,000 - 35,000 22,136 12,864 AWARDS AND RECOGNITION 927 130 1,000 - 1,000 100 900 BODY ARMOR 4,187 4,078 7,200 - 7,200 5,145 2,055 Total: Supplies/Uniforms 27,378 31,867 43,200 - 43,200 27,381 15,819 Total: Supplies 201,838 226,397 240,230 - 240,230 117,520 122,710 Machinery & Equipment FURNITURE & FIXTURES 736 13,921 2,000 - 2,000 1,551 449 OTHER EQUIPMENT 11,350 - - - - - - CRIME PREVENTION MATERIALS 7,893 7,219 10,000 - 10,000 4,608 5,392 ICOP STORAGE 220 784 1,500 - 1,500 - 1,500 TRAINING AIDS 231 203 500 - 500 - 500 FIRE EXTINGUISHERS 338 143 750 - 750 - 750 TICKET PRINTERS 4,000 4,762 1,500 - 1,500 - 1,500 SWAT 5,236 2,951 2,000 - 2,000 187 1,813 PATROL EQUIPMENT - 8,233 6,500 - 6,500 5,150 1,350 AEDS 3,138 - - - - - - LASERS - 2,645 2,000 - 2,000 - 2,000 ALCO SENSORS - - - - - - - VEHICLE EQUIPMENT - 11,466 1,500 - 1,500 1,880 (380) ACTIVE SHOOTER KITS - - 21,600 - 21,600 - 21,600 CELL PHONES 340 235 500 - 500 - 500 WEAPONRY 3,724 11,637 8,500 - 8,500 38 8,462 CAMERAS 2,636 868 23,471 - 23,471 12,279 11,192 MOTOROLA RADIOS - 5,564 15,500 - 15,500 8,333 7,167 OTHER 5,349 16,164 - - - - - Total: Other Equipment 44,454 72,874 95,821 - 95,821 32,474 63,347 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE KITS-UPD 818 - - - - - - CRIME SCENE EQUIP -CID 686 - - - - - - LANGUAGE LINE - - - - - - - TRAFFIC ACC. INVEST.451 - - - - - - Total: Other Equipment/Investigations 1,955 - - - - - - Total: Machinery & Equipment 47,145 86,795 97,821 - 97,821 34,025 63,796 Other Costs INTERGOVERNMENTAL - - 26,000 - 26,000 - 26,000 Total: Other Costs - - 26,000 - 26,000 - 26,000 Total: Police 2,846,047 3,157,817 3,956,660 10,900 3,967,560 1,805,141 2,162,419 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Vehicles Repair & Maintenance 10,900 Total Increase 10,900$ 10,900$ To account for insurance proceeds received for the repair of the damaged vehicle TOTAL BUDGET AMENDMENTS FY 2015 Budget Amendment #1 Page 12 of 20 Public Works Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 457,269 481,943 440,621 - 440,621 261,748 178,873 SALARIES & WAGES/OVERTIME 53 - - - - 260 (260) SALARIES & WAGES/ON-CALL PAY - - - - - 1,384 (1,384) Total: Salaries & Wages 457,321 481,943 440,621 - 440,621 263,392 177,229 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 47,260 58,653 60,146 - 60,146 51,087 9,059 EMPLOYEE BENEFITS / 401A (SS MATCH)17,192 18,287 17,654 - 17,654 10,174 7,480 EMPLOYEE BENEFITS / FICA MEDICARE 6,386 6,787 6,402 - 6,402 3,645 2,757 401A 1% MATCH 3,050 4,096 8,946 - 8,946 2,707 6,239 PENSION (GMEBS)22,844 40,051 31,923 - 31,923 16,610 15,313 UNEMPLOYMENT INSURANCE 483 420 600 - 600 498 102 WORKER'S COMPENSATION 17,791 23,014 30,948 - 30,948 14,368 16,580 FLEXIBLE SPENDING 2,400 2,400 - - - 2,400 (2,400) Total: Employee Benefits 117,407 153,707 156,619 - 156,619 101,489 55,130 Purchased Professional and Technical Services PROFESSIONAL FEES 925 51,826 - 18,000 18,000 33 17,967 BULKY TRASH DAY 1,175 - - - - - - ENGINEERING & SURVEYING SERVICES 1,400 1,970 7,500 - 7,500 7,959 (459) Total: Professional Fees 3,500 53,796 7,500 18,000 25,500 7,992 17,508 CONTRACTED OVERHEAD TRIMMING & GRAVEL RD 2,494 - 20,000 - 20,000 - 20,000 Total: Professional Fees/Contracted 2,494 - 20,000 - 20,000 - 20,000 EQUIPMENT REPAIR & MAINT - - - - 22 (22) VEHICLE REPAIR & MAINT 3,285 2,958 3,548 - 3,548 1,933 1,615 Total: Purchased Professional and Technical Services 9,279 56,754 31,048 18,000 49,048 9,948 39,100 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES 760 688 - - - - - Total: Purchased-Property Services 760 688 - - - - - Other Purchased Services COMMUNICATIONS 2,921 3,097 6,950 - 6,950 1,585 5,365 POSTAGE 67 55 50 - 50 5 45 ADVERTISING 162 324 250 - 250 - 250 OTHER PURCHASED SERVICES: Guardrail Repair 6,798 - 7,500 - 7,500 9,164 (1,664) PRINTING 137 - 100 - 100 88 12 TRAVEL 1,413 1,750 250 - 250 635 (385) APWA CLASS - - 975 - 975 - 975 ITE SEMINAR - - 585 - 585 - 585 GIS CONFERENCE - - 1,925 - 1,925 - 1,925 ASHE TECHNICAL SEMINAR - - - - - 144 (144) Total: Travel 1,413 1,750 3,735 - 3,735 779 2,956 DUES AND FEES 178 128 - - - 37 (37) PE LICENSE 100 - 150 - 150 100 50 APWA 249 301 578 - 578 216 362 IMSA - 173 160 - 160 228 (68) ASHE 89 150 50 - 50 - 50 ITE 160 - 465 - 465 - 465 CFM - - - - - 50 (50) Total: Dues & Fees 776 751 1,403 - 1,403 630 773 EDUCATION & TRAINING 300 199 - - - - - APWA 1,443 - 790 - 790 430 360 LEVEL II SIGNING & MARKING 800 - - - - - - CONTINUING EDUCATION 1,135 390 1,000 - 1,000 49 951 ASHE TECHNICAL SEMINAR - - 50 - 50 - 50 ITE TECHNICAL SEMINAR - 155 225 - 225 - 225 GA TRANSPORTATION SUMMIT 65 130 130 - 130 166 (36) APWA IN-HOUSE TRAINING - - 350 - 350 - 350 GIS TRAINING - - 1,570 - 1,570 - 1,570 Total: Education & Training 3,743 874 4,115 - 4,115 645 3,470 FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendment #1 Page 13 of 20 Public Works Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals FY 2014 Actuals FY 2015 MAINTENANCE CONTRACTS 800 MHZ FEES 518 553 1,000 - 1,000 327 673 Total: Maintenance Contracts 518 553 1,000 - 1,000 327 673 Total: Other Purchased Services 16,536 7,404 25,103 - 25,103 13,223 11,880 Supplies SUPPLIES / GENERAL SUPPLIES 364 261 1,500 - 1,500 48 1,452 ADOPT-A-ROAD/STREAMSIDE CLEANUP 147 - - - - - - Total: General Supplies 511 261 1,500 - 1,500 48 1,452 SUPPLIES / ELECTRICITY 326,817 379,297 384,600 - 384,600 194,798 189,802 SUPPLIES / GASOLINE/DIESEL 11,435 14,313 18,925 - 18,925 1,389 17,536 SUPPLIES / FOOD/MEALS 780 314 400 - 400 124 276 SUPPLIES / UNIFORMS 809 1,198 1,800 - 1,800 694 1,106 Total: Supplies 340,352 395,384 407,225 - 407,225 197,053 210,172 Infrastructure INFRASTRUCTURE/OPTECH RWM 459,688 475,336 489,596 - 489,596 195,859 293,737 INFRASTRUCTURE/SIGNAL ALLOWANCE 16,380 7,240 12,285 - 12,285 14,416 (2,131) INFRASTRUCTURE/EMERGENCY SERVICES ALLOWANCE - 58,591 10,000 - 10,000 9,305 695 INFRASTRUCTURE/MATERIALS ALLOWANCE 41,869 20,212 37,500 - 37,500 6,323 31,177 INFRASTRUCTURE/TREE REMOVAL 9,544 8,355 6,000 - 6,000 8,555 (2,555) INFRASTRUCTURE/DUMPSTER FEES 5,688 11,171 9,000 - 9,000 655 8,345 INFRASTRUCTURE/SIGNAL MATERIALS 1,636 21,001 30,000 - 30,000 - 30,000 INFRASTRUCTURE/SIGN MATERIALS 20,447 24,000 30,000 - 30,000 2,941 27,060 INFRASTRUCTURE/ADDITIONAL ROW MOWING 8,370 16,740 28,766 - 28,766 8,370 20,396 Total: Infrastructure 563,623 642,645 653,147 - 653,147 246,425 406,722 Machinery & Equipment FURNITURE & FIXTURES - - 5,000 - 5,000 - 5,000 OTHER EQUIPMENT 97 221 - - - 6,295 (6,295) OTHER EQUIP/ADOPT-A-ROAD SIGNS 187 - 100 - 100 - 100 OTHER EQUIP/TOOLS/BATTERIES/CHEMICALS 5,466 3,362 6,000 - 6,000 2,964 3,036 OTHER EQUIP/CELL PHONES - - - - - 35 (35) OTHER EQUIP/MOTOROLA RADIOS - - - - - - - Total: Other Equipment 5,750 3,583 6,100 - 6,100 9,294 (3,194) Total: Machinery & Equipment 5,750 3,583 11,100 - 11,100 9,294 1,806 Total: Public Works 1,511,028 1,742,108 1,724,863 18,000 1,742,863 840,824 902,039 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Professional Fees 18,000 Total Increase 18,000$ 18,000$ TOTAL BUDGET AMENDMENTS Amendment Reason To remove the house on the property recently purchased at Birmingham Park FY 2015 Budget Amendment #1 Page 14 of 20 Debt Service Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Debt Service - Principal BOND PRINCIPAL - - - - - - - CAPITAL LEASE PRINCIPAL 81,466 83,698 177,340 (3,000) 174,340 174,340 0 Total: Debt Service - Principal 81,466 83,698 177,340 (3,000) 174,340 174,340 0 Debt Service - Interest BOND INTEREST - - - - - - - CAPITAL LEASE INTEREST 9,302 7,070 7,177 (2,400) 4,777 4,777 0 Total: Debt Service - Interest 9,302 7,070 7,177 (2,400) 4,777 4,777 0 Total: Debt Service 90,769 90,769 184,517 (5,400) 179,117 179,117 0 BUDGET AMENDMENT NOTES Account Name DECREASE 1. Capital Lease Principal (3,000) 2. Capital Lease Interest (2,400) Total Decrease (5,400)$ (5,400)$ TOTAL BUDGET AMENDMENTS The lease for the fire truck was paid off one year early and resulted in a savings for the City FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendment #1 Page 15 of 20 Other Financing Uses Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Operating Transfers Out TO CAPITAL PROJECTS FUND 6,075,090 4,982,793 4,065,206 358,227 4,423,433 - 4,423,433 TO CAPITAL GRANT FUND 529,291 - 600,180 - 600,180 - 600,180 TO CAPITAL PROJECTS FUND-REVENUE BOND - 3,330,651 6,258,569 - 6,258,569 - 6,258,569 TO OPERATING GRANT FUND 98,178 - - - - - - Total: Operating Transfers Out 6,702,559 8,313,444 10,923,955 358,227 11,282,182 - 11,282,182 Total: Other Financing Uses 6,702,559 8,313,444 10,923,955 358,227 11,282,182 - 11,282,182 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Operating Transfer Out to Capital Projects Fund 358,227 Total Increase 358,227$ 358,227$ TOTAL BUDGET AMENDMENTS Amendment Reason To move excess funds to land conservation project and to purchase a second variable message board FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendment #1 Page 16 of 20 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) Capital Projects Fund Summary FY 2015 Approved Budget Requested Budget Amendment Amended Budget Revenues 6,302,032 5,308,461 4,626,906 358,227 4,985,133 Expenditures 4,220,227 6,393,390 12,139,643 358,227 12,497,870 Total Revenues Over (Under) Expenditures 2,081,805 (1,084,929) (7,512,737) Beginning Fund Balance 6,878,897 8,960,703 7,875,774 Ending Fund Balance 8,960,703 7,875,774 363,037 Actuals FY 2013 Actuals FY 2014 FY 2015 Budget Amendment #1 Page 17 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 77,180 96,249 70,000 - 70,000 19,981 50,019 CRABAPPLE PAVING FUND 4,200 5,250 - - - - - TRAFFIC CALMING 5,800 - - - - - - TREE RECOMPENSE 20,600 75,000 - - - - - LANDFILL USE FEES 92,727 119,338 90,000 - 90,000 30,369 59,631 HYA FEES - 7,808 - - - - - INTEREST REVENUE 2,867 1,923 1,700 - 1,700 258 1,442 INSURANCE PROCEEDS/PUBLIC SAFETY 10,154 - - - - - - OPERATING TRANSFERS IN FROM GENERAL FUND 6,075,090 4,982,793 4,065,206 358,227 4,423,433 - 4,423,433 OPERATING TRANSFERS IN FROM CAPITAL GRANT FUND - - - - - - - OPERATING TRANSFERS IN FROM E-911 FUND - - 400,000 - 400,000 - 400,000 PROCEEDS OF SALE OF ASSETS 13,414 300 - - - - - Total Revenue 6,302,032 5,308,461 4,626,906 358,227 4,985,133 50,608 4,934,525 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Mayor & Council LAND CONSERVATION - - 300,000 347,227 647,227 355,008 292,219 BUILDINGS/FUTURE CITY FACILITIES 42,102 26,982 - - - - - Mayor & Council Total 42,102 26,982 300,000 347,227 647,227 355,008 292,219 General Admin VEHICLES / REPLACEMENT RESERVE - - 50,000 (26,824) 23,176 19,414 3,762 General Admin Total - - 50,000 (26,824) 23,176 19,414 3,762 Police PUBLIC SAFETY COMMUNICATIONS 35,908 312,585 1,749,677 - 1,749,677 837,984 911,693 VEHICLES / REPLACEMENT RESERVE 232,517 402,423 253,549 - 253,549 186,284 67,265 AUTOMATED LICENSE PLATE READERS - 39,917 - - - - - Police Total 268,425 754,925 2,003,226 - 2,003,226 1,024,268 978,958 Fire STATION REPAIR/ROOF REPLACEMENT STATION 41 25,938 - 10,000 - 10,000 - 10,000 STATION 43 PARKING LOT REPAIR - 330 113,644 - 113,644 - 113,644 STATION 42 REPLACEMENT - - - - - - - STATION 41 GENERATOR REPLACEMENT - - 54,000 - 54,000 38,189 15,811 FUEL MANAGEMENT SYSTEM - - 33,000 - 33,000 - 33,000 VEHICLE REPLACEMENT RESERVE 54,501 194,386 1,434,180 - 1,434,180 103,203 1,330,977 ADVANCED LIFE SUPPORT EQUIP - - - - - 9,725 (9,725) AED UNITS 2,648 - 46,218 - 46,218 27,435 18,783 MASS NOTIFICATION SIRENS - 212,755 87,245 - 87,245 3,865 83,380 FIRE SAFETY HOUSE - 15,181 - - - - - LIVE FIRE TRAINING FACILITY - - 75,000 - 75,000 - 75,000 Fire Total 83,087 422,652 1,853,287 - 1,853,287 182,417 1,670,870 Public Works CONSTRUCTION INSPECTORS - 21,224 78,688 - 78,688 - 78,688 TRANSPORTATION MASTER PLAN UPDATE - - 225,000 - 225,000 - 225,000 REPAIRS & MAINTENANCE - - - - - - - GRAVEL ROADS MAINTENANCE 61,766 86,690 202,384 - 202,384 26,954 175,430 STORMWATER MAINTENANCE 27,197 328,889 201,011 - 201,011 18,925 182,086 NPDES PERMIT COMPLIANCE 51,020 5,630 308,850 - 308,850 195 308,655 PAVEMENT MANAGEMENT 1,938,805 3,112,726 1,944,672 - 1,944,672 213,943 1,730,729 STORAGE BUILDING & YARD CONSTRUCTION 19,000 700 205,477 - 205,477 - 205,477 Revenues Capital Projects Fund FY 2013 Actuals FY 2013 Actuals FY 2015 FY 2015 FY 2014 Actuals FY 2014 Actuals Expenditures FY 2015 Budget Amendment #1 Page 18 of 20 Capital Projects Fund Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) INFRASTRUCTURE / TRAFFIC CALMING 10,156 - 38,234 - 38,234 - 38,234 INFRASTRUCTURE / RESTRIPING 82,595 5,267 101,952 - 101,952 - 101,952 CAMBRIDGE SCHOOL ZONE EQUIP 27,500 - - - - - - REPLACE SCHOOL ZONE FLASHERS 526 - 102,474 - 102,474 53,820 48,654 INFRASTRUCTURE / EDGE OF PAVEMENT - - 50,000 - 50,000 - 50,000 INFRASTRUCTURE / BRIDGE REPLACEMENT 283,317 3,034 408,138 - 408,138 31,496 376,642 INFRASTRUCTURE / SIDEWALKS 25,102 10,755 547,015 - 547,015 - 547,015 BETHANY@COGBURN RD INTERSECTION IMPROVMTS 9,327 56 - - - - - HOPEWELL/FRANCIS/COGBURN INTERSECTION 54,646 822,725 13,149 - 13,149 - 13,149 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 54,705 70,646 1,324,737 - 1,324,737 41,867 1,282,870 INTERSECTION/HOPEWELL @ BETHANY BND/BETHANY WAY 42,917 - 252,083 - 252,083 - 252,083 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM - 46,585 103,415 - 103,415 2,663 100,752 MCGINNIS FERRY INTERCHANGE - - 50,000 - 50,000 - 50,000 INFRASTRUCTURE/CRABAPPLE NE CONNECTOR - - 50,000 - 50,000 - 50,000 INTERSECTION/WEBB RD TURN LANES - - 185,000 - 185,000 - 185,000 GREEN RD PEDESTRIAN LIGHTING - - 80,000 - 80,000 75,149 4,852 VEHICLES / NEW VEHICLES - - 90,178 - 90,178 35,697 54,481 ASSET MANAGEMENT SOFTWARE - - 60,000 - 60,000 - 60,000 OTHER EQUIPMENT - - - 11,000 11,000 - 11,000 Public Works Total 2,688,579 4,514,927 6,622,457 11,000 6,633,457 500,708 6,132,749 Parks & Recreation PROF FEES/SIGN PROGRAM 1,795 7,600 - - - - - SITES / PARK LAND ACQUISTION 950,350 - - - - - - SITE IMPROVEMENT/CRABAPPLE CROSSING PARTNERSHIP 26,979 - - - - - - NORTHWESTERN MIDDLE IGA FIELDS - - 25,000 - 25,000 - 25,000 PROVIDENCE PARK - - 61,816 - 61,816 5,100 56,716 HOPEWELL HOUSE RENOVATIONS 31,850 277,390 447,160 - 447,160 396,390 50,770 BROADWELL PARK PAVILION - 273 530,000 - 530,000 529,207 793 BUILDINGS / PARK IMPROVEMENTS - - - - - - - PARK & TRAIL EXPANSION 87,353 380,067 34,257 - 34,257 34,809 (552) UTILITY VEHICLE - - 17,000 - 17,000 - 17,000 NEW VEHICLES - - - 26,824 26,824 26,921 (97) Parks & Recreation Total 1,098,328 665,329 1,115,233 26,824 1,142,057 992,427 149,630 Community Development PROF FEES/TDR FEASIBILITY STUDY 11,180 - - - - - - ARCHITECTURAL CODE 1,081 - - - - - - FORM BASED CODE/TDR ORDINANCE 25,370 265 26,735 - 26,735 13,902 12,833 GATEWAY SIGNAGE & HISTORIC MARKERS - 7,460 60,350 - 60,350 - 60,350 SITE IMPROVEMENT/TREE RECOMPENSE 2,075 850 108,355 - 108,355 - 108,355 Community Development Total 39,705 8,575 195,440 - 195,440 13,902 181,538 Unallocated CONTINGENCY - - - - - - - Unallocated Total - - - - - - - Total Expenditures 4,220,227 6,393,390 12,139,643 358,227 12,497,870 3,088,144 9,409,726 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 2,081,805 (1,084,929) (7,512,737) (3,037,536) BEGINNING FUND BALANCE 6,878,897 8,960,703 7,875,774 7,875,774 ENDING FUND BALANCE 8,960,703 7,875,774 363,037 4,838,238 FY 2013 Actuals FY 2014 Actuals FY 2015 Expenditures FY 2015 Budget Amendment #1 Page 19 of 20 Capital Projects Fund BUDGET AMENDMENT NOTES Account Name Amount REVENUES 1. Operating Transfer in from General Fund 358,227 358,227$ EXPENDITURES 1. Mayor & Council/Land Conservation 347,227 2. General Admin/Vehicle Replacement Reserve (26,824) 3. Public Works/Other Equipment 11,000 4. Parks & Rec/New Vehicles 26,824 358,227$ 358,227$ TOTAL BUDGET AMENDMENTS Transfer excess funds from General Fund for land conservation project and the acquisition of a second variable message board Increased to transfer excess funds from General Fund to this project Increased to account for purchase of truck Increased to purchase a second variable message board Decreased to move funds to Parks & Rec department for purchase of truck Amendment Reason FY 2015 Budget Amendment #1 Page 20 of 20 Vol HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-10 — Chapter 64, Article VII, Division 6, Section 64-1141 — Single Family Uses as it Relates to Lot Coverage. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES {) NO CITY ATTORNEY REVIEW REQUIRED: ( YES {) NO APPROVAL BY CITY ATTORNEY Y)APPROVED { J NOT APPROVED PLACED ON AGENDA FOR: O s ( s REMARKS © 10 You(M PHONE: 678.242.2500 1 FAX: 678.242.2499 Greene ; cen;f 4lILI�LIFE Community �=��� at infoCcityofmil#onga.us I www.cityo#mil#onga.us Tim - ; 13000 Deerfield Pcirkwoy, Suite 107 1 Milton GA 30004 ���` To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 29, 2015, for the May 18, 2015 Regular Meeting, May 4, 2015 for First Presentation (Work Session, May 11, 2015). Re: Consideration of RZ15-10 – Chapter 64, Article VII, Division 6, Section 64-1141- Single Family Uses as it relates to lot coverage. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The Mayor and City Council requested that Staff initiate a text amendment that would provide limited flexibility to the current maximum 20 percent lot coverage for single family residences within the Rural Milton Overlay. Staff originally proposed a text amendment that allowed the Community Development Director to grant an administrative variance up to five percent in addition to the 20 percent lot coverage. After discussions with the City Attorney, Staff has proposed to increase the maximum lot coverage from 20 percent to 25 percent and not to have the Community Development Director administratively increase the lot coverage an additional five percent. Staff also proposed to include only AG-1, R-1, R-2 and CUP zoning districts within the Rural Overlay District and exclude properties within the Birmingham Overlay District except properties zoned AG-1. At the April 22, 2015 Planning Commission Meeting, the Planning Commission voted unanimously 6-0 to deny the proposed text amendment based on their opinion that the current 20 percent lot coverage remain. The Planning Commission stated that this amendment is targeted for only a few situations and property owners should build the appropriate sized house on the associated lot. Funding and Fiscal Impact: None anticipated. 2 Alternatives: The Mayor and City Council may choose to amend the proposed text amendment or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – April 2015 Concurrent Review: Community Development Department Staff Attachment(s): Proposed text amendment for RZ15-10 and Ordinance for RZ15-10 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-10 AN ORDINANCE TO AMEND ARTICLE VII, DIVISION 6, SECTION 64-1141- SINGLE FAMILY USES AS IT RELATES TO LOT COVERAGE IN 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 May 18, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1141 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 18th day of May, 2015. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk RZ15-10 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on May 18, 2015 (First Presentation on May 4, 2015) 4/30/2015 Page 1 Sec. 64-1141. - Single-family type uses. (a) Landscaping. (1) Rural viewshed. a. Provide a 40-foot undisturbed buffer and an additional 20-foot no improvement setback for single-family lots adjacent to exterior streets. Where sparsely vegetated, replant the undisturbed buffer in a natural fashion, per the approval of the city arborist. Submit landscape plan to arborist for the preservation of the rural view shed. b. For structures located on lots adjacent to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a buildi ng permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1155. (2) Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. (3) No removal of protected trees (chapter 60, article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. (c) Height. (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (d) Lot coverage. (1) Lot coverage shall not exceed 2025 percent for each individual lot zoned AG-1, R-1, R-2 and CUP. except those lots within the Birmingham Crossroads Overlay District. (2) Lots that are both (a) located within the Birmingham Crossroads Overlay District and (b) not zoned AG-1 are exempt from the lot coverage requirements of subsection (d)(1) above. (e) Prohibited building components. (1) The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. (f) Fencing and height. (1) In yards adjacent to an exterior street an equestrian fence is required. (2) Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. RZ15-10 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on May 18, 2015 (First Presentation on May 4, 2015) 4/30/2015 Page 2 (3) Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 -degree veneer as described above. Retaining walls above three feet high shall ha ve a continuous planting of evergreens. (4) Opaque fences are prohibited in yards adjacent to an exterior street. (Ord. No. 14-06-207, § 1, 6-16-2014) N HOME OF ` FSTABLlSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 27, 2015 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Appointing A Member to the City of Milton Parks and Recreation Advisory Board for District 3/Post 2. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES 9NO CITY ATTORNEY REVIEW REQUIRED: () YES yKNO APPROVAL BY CITY ATTORNEY O APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS 05-041 1— 1% 4 1130YouEM *** PHONE: 678.242.25001 FAX: 678.242.2499Green *Certified1-9 '* oP.100 �,i.[Si.tti « C�c infoityofmiltonga.us I www.cityofmiltonga.us Community E'r'h , 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004''x` STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD FOR DISTRICT 3/POST 2. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on May 4, 2015 at 6:00 p.m. as follows: SECTION 1. That __________ (District 3/Post 2) is hereby appointed for a term commencing May 4, 2015 and ending on December 31, 2015; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 4th day of May, 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) VT HOME OF 'THF GEST GLIALITY OF L[fF tU GEORGC-W M I L..TON11 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 12) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: K) YES () NO APPROVAL BY CITY ATTORNEY KAPPROVED ( NOT APPROVED PLACED ON AGENDA FOR. REMARKS ©,*Yount *** PHONE: 678.242.25001 FAX: 678.242.2499 �f`E�t Z, ; lerc;fei* Top, 0 „��.�, info@cityofmiltonga.us i www.cityofmiltonga.us �TI, Community y 71j, � LLL 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """�' To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 29, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Propert y (Parcel No. 12) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In accordance with the city’s agreement with the Georgia Department of Transportation the city is responsible for right of way acquisition for the proposed SR 372 Crabapple Road/Birmingham Highway Intersection Improvements (PI Number 00007313). The city has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 12 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 12. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the value is reimbursable. The appraised value for Parcel 12 is $53,700. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 4/29/15 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Condemnation Resolution and Exhibit A STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 12 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in JW Homes, LLC its successors or assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. RESOLVED this ____ day of _____, 20__. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk om ico..�a�v °a NEEt �2 o — cr S`\l� S p5 \ i Zw0 ¢ N� OMN vii ®.DUB T S WO GINE \\ ` �' z�w mow'^ o� "'^ _ o • P`''0PP 0 Wp10H \�\� a' xW ox¢ _ m oMmp •a /,�Et\1P /�Eo P%.,e' ate/ / co vaoI--.Wtixwd \G 'ti�Ps'�✓p _ � w a BE "?j %© PPe ,�/ M/H 9NIlSIX3.4g/.c/ op j,ao4 - A0 w /a o ism g Ill m z s - OH 7731,VO6,8 R0AD oOW — / ' MN E � �'� \ ✓�°,add 2�n 4 / Pe P .P P4 m O�wm -8 ` yl-WS"'i N GENE S p vi w vi o wN Jfb' o�w�3 �Wo�v Jmw p°olt d°°P'� tiwy a�c.0 tnm�W2 Wm mW�C OIZ-UO 2WWWU'W I 232p 2 �~WK I I 2www U3W I 2W U2i3 UW�00 W H ? 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N x� -7�°---I 41 p III ©,gal I II IIII Igl o e/ T I e— 1 W_W who � g g g � � s .7d s }j 00r'g II �i I N - N � � I ba -- - J- L c�----------------------------- lilp— wp III I � La II IIII16 L —oma � �_h W II INIII � �W� opw � W I v 252 I P� WN O yVj F I IV FI YWI- Hyl I� I O � ti O U aU _ it II N /` NIII � � N CSP SO2 O i IIIc RWM DISTURBED - ~ / I Ali I O�OMio OM �N\ mW�C .GNB -N2 N7 37ddvedaa o o . . . . . j N o � — — ➢� \ \' IIII I _ �' `ti 1- �,� %19 d I 0/ 133HS 335 000, 60£ V15 3N17 Rol ypY, 2�W �isoo fn n _ VU V V W�0.4 0 0 OU8-! o& W a t n W= W W W C V W W W W d H zt >o $ ii ..tip x� O O ¢�i _ _ - _ O H C T T T - 4 -- / _------- NMNe p e=�m=WMx�m=W� - - - - - - -- �� o HOME OF `THE BEST QJAUTY OF LIFE IN GEORGIA' MILTON,*k ESTABLI S H ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 22) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED. YES CITY ATTORNEY REVIEW REQUIRED: p}, YES APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: a 5-D4 t S REMARKS O NOT APPROVED () NO {) NO PPRO VED ©I&YouGM *** PHONE: 678.24225001 FAX: 678.2422499@Green *� er[sfic� * T.P 100 Tt u.i�i.irt infocifyofmiltonga.us I www.cifyofmilfonga.us community 3 1tV 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'�� ''e"-'# To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 29, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Propert y (Parcel No. 22) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In accordance with the city’s agreement with the Georgia Department of Transportation the city is responsible for right of way acquisition for the proposed SR 372 Crabapple Road/Birmingham Highway Intersection Improvements (PI Number 00007313). The city has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 22 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 22. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the value is reimbursable. The appraised value for Parcel 22 is $365,800. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 4/29/15 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Condemnation Resolution and Exhibit A STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 22 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in JW Homes, LLC its successors or assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. RESOLVED this ____ day of _____, 20__. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk I pNN � o pp -4, O PV�iq ONm�u �0P " N I MNP�O�ONVNi� — _ z 616NCtiN M!, �p<fV SS �N`� �l L 1�%��Jl/II ON �Ov� �W r.) i GOI��WCaZWm X230 m v 3 sa zJ,; o g Q N 111 1,313 O _Yrs �NI1s a 'SS , 'g, �Ad 9c_ W a _ �� Try z � � � \ ; �„ , --_ J —� �-SSE 5�------ ~"',✓ z a Wzo N2L ®— — g 41'34 N .2 rf Zo=N M6fl W N � ~ � p o � SNS A' W cNu ��•� l .�WS ¢� vi Iy wN W MN. O•bFN) C YtiI�O .(�'9+ yJ 03lzy ��vwi �NMVMN'NP O \ K P0M�04M�T a �.8jj ze s ¢ N di W 40A N W -OAK� Z � ) C� ---- - j• annna 3,7yy1 w � , a ENAFLE �o�� � � � � � � � 3,6E 9ry�0. HQ M N N \ 1.11 Q OO I Wcoi" <�W N � HH A_ s?N'_ wm w 3 U N C U 33NS 33S 00.S// Vl N : - •"' ,m'� i `i' ww 5 W fS o_NMgo����l• __ : ��� vv v v o& �� "• a t n W= W W W W W O Q <U C V W W W W , ` ) /��� { 2 !!!!: !! ! ! : ■ , \|� \ \ \ �� � ^®\\^/\^\\^\R 0H ll 133HS 33S 00431 VIS 3X17 WIN mM _ _= 4 I I Ir ------- «�� --- o K ---W- �= W--- - - - - --W---- S _ _It -W - dl--- P h = � it I g I 2 W ¢I N oo cel o. 2 ------�SSSSS- SY:-°ma-�S<------ SS 4______SS 4___ eeoo �I ivm�ols 3iaaoNoo IIII � �I �� EYE — — � - - —17 aeao Illlii II II ill ©x 6L — _ W=w ooRZI 4I I I IIII' II II � W I I I o_s N sp _ IIW� III, II II III rIi g IN "a zi, oPo - " 11N=cJ/tl— _�'� IIII IIII „ m � —� -- _ZZ I _ Qom _ivxuiae �# II IIS --_-- y x ZZ _�ivti�ols ri'ry U Cl 2N¢ I I I I IIII W I�� I II WW1= I l s1oeW^LL _- N7 OV315N21Vd ? o oW OH 37ddV8VN( — — — — — — — — a It w N o U 000z — N z - - H ' 0 0� g W - 0 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ c --------------------------------I -- - - - - - - - - - - - -= � - - - - - - - - - - - - O o N 'm SII SII I I w 2 � _ B3mPw og Qo w I' � I I —eaW szN QQ � 0 W eII V/ N •I moi~ SSS. j W a 3 1-u ivy 1 I ' l��i 1---> ss— --- SS------� S - - sa - -- S - --- s -- - - - _ss<_ __ss4------SS-<------ssf-1--- c ===_�==- h - y W -------W---- H o U qq -- ------ ----- ----- w Q W � 0 11 1;�I �°y� I �Zo I_oQab a �N _ li SE �aoz o 0 o so w 4P C I J � W i I W N to �Q N HOME OF ' FSTAM-ISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 22A) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. MEETING DATE: Monday, May 4, 2015 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: K YES O NO CITY ATTORNEY REVIEW REQUIRED: (RYES ONO APPROVAL BY CITY ATTORNEY NAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: C) sD4 15 REMARKS q 4 YOU( *** PHONE: 67$.242.2500 Green FAX:678.242.24F9 • crynr info@cityofmiltonga.us I www.cityofmiltonga.us NP® Community 13000 Deerfield Parkway, Suite 107 f Milton GA 30004 'B` To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 29, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Propert y (Parcel No. 22A) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: In accordance with the city’s agreement with the Georgia Department of Transportation the city is responsible for right of way acquisition for the proposed SR 372 Crabapple Road/Birmingham Highway Intersection Improvements (PI Number 00007313). The city has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 22A but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 22A. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the value is reimbursable. The appraised value for Parcel 22A is $27,000. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 4/29/15 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Condemnation Resolution and Exhibit A STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 22A in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in JW Homes, LLC its successors or assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. RESOLVED this ____ day of _____, 20__. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk I pNN � o pp -4, O PV�iq ONm�u �0P " N I MNP�O�ONVNi� — _ z 616NCtiN M!, �p<fV SS �N`� �l L 1�%��Jl/II ON �Ov� �W r.) i GOI��WCaZWm X230 m v 3 sa zJ,; o g Q N 111 1,313 O _Yrs �NI1s a 'SS , 'g, �Ad 9c_ W a _ �� Try z � � � \ ; �„ , --_ J —� �-SSE 5�------ ~"',✓ z a Wzo N2L ®— — g 41'34 N .2 rf Zo=N M6fl W N � ~ � p o � SNS A' W cNu ��•� l .�WS ¢� vi Iy wN W MN. O•bFN) C YtiI�O .(�'9+ yJ 03lzy ��vwi �NMVMN'NP O \ K P0M�04M�T a �.8jj ze s ¢ N di W 40A N W -OAK� Z � ) C� ---- - j• annna 3,7yy1 w � , a ENAFLE �o�� � � � � � � � 3,6E 9ry�0. HQ M N N \ 1.11 Q OO I Wcoi" <�W N � HH A_ s?N'_ wm w 3 U N C U 33NS 33S 00.S// Vl N : - •"' ,m'� i `i' ww 5 W fS o_NMgo����l• __ : ��� vv v v o& �� "• a t n W= W W W W W O Q <U C V W W W W , ` ) /��� { 2 !!!!: !! ! ! : ■ , \|� \ \ \ �� � ^®\\^/\^\\^\R 0H ll 133HS 33S 00431 VIS 3X17 WIN mM _ _= 4 I I Ir ------- «�� --- o K ---W- �= W--- - - - - --W---- S _ _It -W - dl--- P h = � it I g �^ I 2w ¢ 2111 II N oo cel o. 2 ______�SSSSS- SY:-°ma-�S<______SS 4______SS 4___ eeoo �I ivm�ols 3iaaoNoo IIII � �I �� EYE — — � - - —17 aeao Illlii II II ill ©x 6L — _ W=w ooRZI 4I I I IIII' II II � W I I I o_s N sp _ IIW� ll, II II III rIi g IN "a zi, oPo - " 11N=cJ/tl— _�'� IIII IIII „ m � —� -- _ZZ I _ Qom _ivxuiae �# II IIS --_-- y x ZZ _�ivti�ols ri'ry U Cl 2N¢ I I I I IIII W I�� I II WW1= I l s1oeW^LL _- N7 OV315N21Vd ? o oW OH 37ddV8VN( — — — — — — — — a It w N o U 000z — N z --------------------------------I -- - - - - - - - - - - - -= � - - - - - - - - - - - - O o N 'm SII SII I I w 2 � _ B3mPw og Qo w I' � I I —eaW szN QQ � 0 W eII V/ N •I moi~ SSS. j W a 3 1-u ivy 1 I ' l��i 1---> ss— --- SS------� S - - sa - -- S - --- s -- - - - _ss<_ __ss4------SS-<------ssf-1--- c ===_�==- h - y W -------W---- H o U qq -- ------ ----- ----- w Q W � 0 11 1;�I �°y� I �Zo I_oQab a �N _ li SE �aoz o 0 o so w 4P C I J � W i I W N to �Q ` , ) [! \ k <k of \ \� : !�) 2 45 VI HOME OF ' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia's Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 24) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. MEETING DATE: Monday, May 4, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.' XAPPROVED CITY ATTORNEY APPROVAL REQ UIRED. 0 YES y YES v APPROVED CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: 0 SDS 15 () NOT APPROVED () NO {) NO {) NOTAPPROVED In 10 YOU1011_ PHONE: 678.242.2500 Green FAX: 678.242.2499 �' + City f info@cityofmlltonga.us I www.cityofmiltonga.us NV:s.PL7 Community 4 Eph;� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004�a To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 29, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Propert y (Parcel No. 24) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: In accordance with the city’s agreement with the Georgia Department of Transportation the city is responsible for right of way acquisition for the proposed SR 372 Crabapple Road/Birmingham Highway Intersection Improvements (PI Number 00007313). The city has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 24 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 24. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the value is reimbursable. The appraised value for Parcel 24 is $32,100. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 4/29/15 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Condemnation Resolution and Exhibit A STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 24 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in JW Homes, LLC its successors or assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. RESOLVED this ____ day of _____, 20__. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk SI 133HS 33S 00.51£ VIS 3N17 H31tlfl vo-o )Il"N' I 3 IN4I —3'FI ELO FENCE— )tl13ry f� KY !LIRE--— M• ONS - Ish N1Ard 004• _ooIlllla�i III ill /7 p ��`�� o M �`�Me MNP N2 WQN� OI_ O � �ao��W�a=wm � IN13�j III III m — Q�~� oN £�'LZ•61f d w � � ..v =—IJII—'©KII F III IIII II W —W3 a � 'p STEP3�(1 WU o0 J 0 - TE k Q ¢3 NNW III IIII �Ocoi ov��pv vWi ww _ _ � ,%� / �/ N ,• Imo~ � � o — � � � � Wt c£ T — ALK — '^ 3.£O,SZ.6 ISL o g g W TOWNHOMES0 O 7 V NVHB 85.685 ____ FW - Pi CK£TT ______________ S <'TRE i ED—F� \ I FENCE a H'C RETE SIOEW LK Jv�'L\•F� e\p \\ �3xco Y $ �IL� p I ro I ! N x� -7�°---I II ©,gal II IIII Igl o e/ T I e— 1 W_W who g g g s m IIS ©I /III NI 13 / ANN s }� 00 7, II �i I N N ba J L r--� ------------------- lilp— wp III I � W — m mW m w La II IIII16 L —oma � II INIII � �W� opw � W I v 252 I P� WN O yVj F I IV FI YWI- Hyl I� I O � ti O U aU _ it II N /` NIII � � N CSP SO2 O i IIIc RNM DISTURBED — ~ / I Ali I O�OMio OM �N\ mW�C .GN•�--N2 N7 37ddvedaa N o � — — ➢� \ \' IIII I � _ �' `ti 1- �,� 15'90.60F 0/1 335 000, 60i' VIS 3#17 H01VpY, 2�W _ VU V V W�0.4 0 0 o& W a t n W= W W W C V W W W W zt >o $ ii ..tip x� O O ¢�i _ _ - _ O H C a T T T - 4 -- / _------- NMNe p e=�m=WMx�m=W� - - - - - - -- �� o © I � it TZE lu�gl I I �� III IIII �o o ° � Ilrl 2 eu INVERTS DONT BATCH NOTES OR FLOW M hO� O J _ j p+9I w � �488758.LO6V q�&��23 �: 1130. 30 4-w ------- �: 60B NAIL w 11M� N31tlM Ex. 8,01P g�0 9 1 I 1 J Ic 1 - y 0 W &w ©x w m W �---------------- I' W },N3,N=D u W N O Q U h I _ i E� II mil' i i 2 � QOF rSI 00+61£ Opp I' \i �1' / 'BONE � C J � II __ © mil 1111 I BLVB I l IVPED XINC ld " l III � I II II yJS IIII I CQLIN6� �EXLELLEJlCE fW I "III IIII I m o � � 6-B700B W S s© IIII s4 � IIII lI" I" l 16 o 1'II2 FOIYD�`�y oo•ar£ J Ill rll�l U � III I'I� _ R BPA -0i 111 �SJ`6 > $ � oz _ i, jf 414 o a ow Nod m�aOW w t°m w� I © © n n � Ill b 11 --M---- c, N I x. 12"DI 1� SII II IIII dll = II r I IIII I' II ZI 133HS 33S 00.91£ VIS 3N17 14J1YM o z eu HJ hO� 1 J _ j p+9I w � �488758.LO6V q�&��23 �: 1130. 30 4-w ------- �: 60B NAIL w 11M� N31tlM Ex. 8,01P g�0 9 1 I 1 J Ic 1 - y 0 W &w ©x w m «S W � Ill b 11 --M---- c, N I x. 12"DI 1� SII II IIII dll = II r I IIII I' II ZI 133HS 33S 00.91£ VIS 3N17 14J1YM 4J � U q�&��23 g�0 2�W0� o3v>m 0 W w m W W N O Q U h 2 � i I LD HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 29, 2015 FROM: City Manager AGENDA ITEM: Consideration to Accept an Application for the Abandonment of a Portion of Public Right of Way on Hickory Pass within the Hickory Crest Subdivision. MEETING DATE: Monday, May 4, 2015 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: O YES V, NO CITY ATTORNEY REVIEW REQUIRED. () YES �NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS o�ylS *VA' © it Youli PHONE: 678.242.25001 FAX: 678.242.2499 � Greeln *** infoftityofmiltonga.us Community 6hlcs I www.cityofmiltonga.us �f j''01- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "` To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on April 29, 2015 for the May 4, 2015 Regular Council Meeting Agenda Item: Consideration to Accept an Application for the Abandonment of a Portion of Public Right of Way on Hickory Pass within the Hickory Crest Subdivision ____________________________________________________________________________ Department Recommendation: Accept for further review. Executive Summary: Exhibit 1. Location Map Hickory Pass is a road located within Hickory Crest Subdivision off of Hickory Flat Road. When the subdivision was originally constructed the right of way was platted to the property line to allow for a future phase of the subdivision to be developed. The future phase was never constructed by the developer and the applicant is requesting the final 60 feet of right of way from Section Requesting Abandonment Hickory Pass Abandonment Page 2 of 3 the end of the existing road to the property line be abandoned. The temporary cul-de-sac was not constructed and the road would require an approved turn around to be located in public right of way prior to filing a plat for abandonment. Exhibit 2. Right of Way Location Under the current privatization ordinance each application received to abandon or privatize any right of way must first receive an initial hearing before the Mayor and City Council to determine whether or not to accept the application for processing. At this meeting the Mayor and City Council may decide to accept the application or deny the application without further discussion. Acceptance of the application by the council does not constitute final approval of the application or the abandonment of the public road or right of way, or any portion thereof, it merely allows the application to proceed through the process. At this stage staff has not made a determination of the merits of the application only that it meets the minimum requirements to begin the evaluation. It should be noted that the abandonment of a road or right of way requires that the City Council make a finding of one of the following with respect to the roadway in question: 1. That no substantial public purpose is served by it; or, 2. That its removal from the municipal street system is in the best public interest. If the Mayor and City Council approve the application to move forward it shall be the responsibility of the applicant to prove to the satisfaction of the city that one of these conditions has been met. The supporting information provided by the applicant will be made available for the Mayor and Council to review prior to the initial public hearing. Right of Way Considered for Abandonment Hickory Pass Abandonment Page 3 of 3 Funding and Fiscal Impact: N/A Alternatives: Deny the acceptance of the application and maintain the right of way as necessary. Legal Review: N/A Concurrent Review: N/A Attachment(s): Application HICXORY CRES-T April 3, 2015 Mrs. Sara Leaders Department of Public Works City of Milton 13000 Deerfield Parkway, Ste. 107G Milton, GA 30004 Dear Mrs. Leaders, Per our previous discussions, enclosed please find the Application to Abandon a Public Right -of -Way in our subdivision. As I mentioned, the subdivision had a homeowners meeting on 3/29 and there was unanimous support to move forward with the request Please let me know if you have any questions or need more information. We look forward to hearing from you and moving on to the next stop of the process. Sincerely, MelissA Cohen Board Secretary 16115 Segwick Dr. Milton, GA 30004 732-682-8933 Appendix A Application Form City of Milton Public Warks Department Phone (678) 242-2500 l3iU) Deerfield ParkNNiy Suite 107G Milton. Georgia 3kKX)3 Application to Abandon a Public Right -of -Way This Application must be fled by a person having the authority to act on behalf of the community. Where a Lorne Owner Association (HDA) is required by Chapter 48 of the City of Milton Code of ordinances to file the application, it must be submitted by a member of the board authorized to acct on behalf of the HOA. Where an HOA is not required by said ordinance to file. the application must be made by a person authorized to act on behalf of the petitioning organization. Section 1: Contact Information: Applicant Name: H, C., k 0 ALY e/V 3 I' ame of H(JA TIr ["do -iAwb Name: IWe11 SSGL Cot? en Phone Number-. Position: 73oad g ei oe- fa py Address: l fpl S .3egtoiGlc A/. - Section 2: Right -of -Way Information This application is submitted for (check one): Email: /1 -7 Q yahoo . Ccr'-7 *Abandonment ❑ Privatization Right -of -Way Name or Subdivision Nanw: Ahcko_ Width of Existing Right -of -Way: .50 Lineal Feet (measured along the centerline) to be Vacated.� rA� �x � 0 -re- e -f Section 3: Reason for Abandonment This request for abandonment is being made based on a determination of the following (check one): ❑ That no substantial public purpose is served by the right -of --way: ❑ That the removal of the right-of-way from the municipal street system is in the best public interest. a, Please indicate the purpose for which the right-of-way is to be vacated: 7-h e- q.7 i/ 144' 1 10C. !fi e n, A S'' U I K "I 111 fit' U5 heel) urtd ►�elo e(arid urtr.� �c1 r f el -ow- eal`S u c�� p .far► cc�.`s e 5 a scc�c C1,-�r pro tic dl� a s!z �� Io01 c.s b. ow is the rsght-of-■� a�► currently t used'. d ►^ r7 er Ci t fa a f h ac2d fT eC f S ealr]PIP 1� 6,7 . 444 be f Ck�17c)/•n'/79 lle, j lW City of Milton Public Works Department Plit)ne (678) 242-2500 130W Decrheld R%rKx%-ay Suite 107G 'Milton. Georgia 301134 c. How many adjacent property owners will be affected by this requesO Th P'e d. How does the property owner propose to use the right-of-way if abandoned? r l t �J%1� li'f C.! ►� 1 �` % � r{�J}t� �� � � lJ t- � Are there any public utilities or infrastructure curt apply: ❑ Cable Television Mr Electric Gas ❑ Sanitary Sever StormK ater Telephone Water ❑ other, please describe: Section 4: Attachments and Exhibits n,e/ Y located within the right-of-,vay" Check all that • Plat of the existing; subdivision. if the richt-of-way is not located in a platted subdivision then a map or surrey should be provided with sufficient detail to demonstrate the location and nature of the r-ipht-of- way. • Where a subdivision plat is not required. a list of all affected property owners shall lac provided. Section 4: Signature of the Applicant The follosAjnL, signature signifies that all of the information provided on this application is accurate and cornet to the best of the applicants knowledge; and that the applicant has thoroughly read and understands al I of the application requirements. In addition. the applicant further certifies that they understand that it shall be the responsibility of the applicant to demonstrate compliance with the above conditions_ The applicant is required to submit all necessary supporting documentation to establish the factual basis on which this request is inade. Am and all, casts associated with providing this information is the sale responsibility of the applicant. c50-1. fflural Ir ssct Citi i A I Nud NORMA I� City of Milton Public Warks Departnieit Phone (678) 242-2500 This completed application form should be seat to, - City n:City- of Milton Department of Public Works B000 Deerfield Parkway. 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Nle F m i H4 n n L kill -ga A � - LOT LME DATA 1 LOT ctWM DATA ©r 1laYR]1-w Q ", SAVE AREA (T1PI AO TortONMi W L-oE� < iG vrimAe[ Yr1EAPAR� dlw[C>tp� � FOR ALL LOTS 10, ML BSL {T1h+[CAI.)� p5' AOM. 6V4DM SEPARA" MR sm7m" 30 OF DOMING CUNOITMM 15� BSL IF AD.10M10 F410PERTY tlSE3 40'[1 CDnER AC UE DATA OQaTOkLM GUNS DATA acrd ..e 6.in Weer 000, R.ca srar2. L + nem x iT2W r RCT N 1F 79Asa TI T yIK• �S6 al Y �`+Rt �i'!Yi F.um ce.tr. ann:. too sn v r zoo svv 1 L120 14. LOT AMA S 43 666 6 4eb669 7 42L666 d 49,276 9 44.044 a 10 55,257 p 11 63,673 i 12 SOE,826 13 47.113 14 66,575 15 5;247 16 44A6 17 414674 16 4&M 75' MPr-MYJ�+Ferr6 y �Ew aKIEN M!F LOUIE P�6EIIE FAST te�Y !•1 N y los. XAr. � Z r uu.s�waa s rral A�0-i �W FOR ALL LOTS 10, ML BSL {T1h+[CAI.)� p5' AOM. 6V4DM SEPARA" MR sm7m" 30 OF DOMING CUNOITMM 15� BSL IF AD.10M10 F410PERTY tlSE3 40'[1 CDnER AC UE DATA OQaTOkLM GUNS DATA acrd ..e 6.in Weer 000, R.ca srar2. L + nem x iT2W r RCT N 1F 79Asa TI T yIK• �S6 al Y �`+Rt �i'!Yi F.um ce.tr. ann:. too sn v r zoo svv 1 L120 14. LOT AMA S 43 666 6 4eb669 7 42L666 d 49,276 9 44.044 a 10 55,257 p 11 63,673 i 12 SOE,826 13 47.113 14 66,575 15 5;247 16 44A6 17 414674 16 4&M 75' MPr-MYJ�+Ferr6 y �Ew aKIEN UP OF B" EA9FMEHT CEH7SUM DESORPTM oxLnirmaFs ti ms- n.]a. rc osEcn« dsrw.cE owsi wx2a a Prlm� I �xa1 uu.s�waa s rral EABElENT COnE1iME TES lboa F.c r Waiur E 1114 42.31 —Y. w w -t 1 Y1 � � Dl C] Y-\rY1 L'. V-A Y No Text