No preview available
HomeMy WebLinkAboutAgenda Packet CC - 05/18/2015 - 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 18, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Rev. Dr. Brent Ward, Senior Pastor at Birmingham United Methodist Church, Milton, Georgia. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Sons of the American Revolution) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-132) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2015 Page 2 of 5 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 27, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-133) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending April, 2015. (Agenda Item No. 15-134) (Stacey Inglis, Assistant City Manager) 3. Approval of a Professional Services Agreement between the City of Milton and Peoples & Quigley, Inc. to Provide Professional Engineering Services for the Design of the Fire Station #42 Septic Field Replacement. (Agenda Item No. 15-135) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and SiteMed North America, LLC for Firefighter and Police Officer Wellness Physicals. (Agenda Item No. 15-136) (Robert Edgar, Fire Chief) 5. Approval of a Construction Services Agreement between the City of Milton and Gibson Landscape Services, LLC for Tree Installation at the Thomas Byrd, Sr. Center. (Agenda Item No. 15-137) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Work on the City Hall Site. (Agenda Item No. 15-138) (Carter Lucas, Assistant City Manager) 7. Approval of the Acquisition of 0.063 AC of Right of Way and 0.088 AC of Construction and Maintenance Easement at 12775 Birmingham Highway from Fulton County Board of Education for a Combined Purchase Price of $55,500. (Agenda Item No. 15-139) (Carter Lucas, Assistant City Manager) 8. Approval of a Change Order between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Rd/Birmingham Hwy) Intersection Improvement Right of Way Services. (Agenda Item No. 15-140) (Carter Lucas, Assistant City Manager) 9. Approval of a Construction Services Agreement between the City of Milton and Bartow Paving Company, Inc. for New Providence Road Stormwater Improvement Project. (Agenda Item No. 15-141) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2015 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10. Approval of an Agreement between the City of Milton and Special Events Network, LLC for the Movies at the “Flicks & Food Trucks” Summer Event Series on June 6, July 11, and August 1, 2015. (Agenda Item No. 15-142) (Courtney Spriggs, Public Outreach Coordinator) 11. Approval of a Change Order to the Professional Services Agreement between the City of Milton and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance. (Agenda Item No. 15-143) (Kathleen Field, Community Development Director) 12. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Re-Sodding of Three Rectangular Athletic Fields. (Agenda Item No. 15-144) (Jim Cregge, Parks and Recreation Director) 13. Approval of the First Amendment to the Agreement for Outside Providers between the City of Milton and Newtown Recreation, Inc. (Agenda Item No. 15-145) (Jim Cregge, Parks and Recreation Director) 14. Approval of the following Subdivision Plats: Name of Development Action Comments Sharon Danville Minor Subdivision Plat Create 3 lots R Venture, LLC Minor Subdivision Plat Create 2 lots Ronnie Glen Smith & Debra Dookeran Minor Subdivision Plat Combine lots 2 & 3 and remove property line Liverato-McDonell Subdivision Minor Subdivision Plat Revision Revised Survey of lots 1A, 1B &2 The Manor Enclave – Phase I Final Plat Create lots 1-7 and 45-49 Deerfield Green – Phase IV Final Plat Revision Revise lots 102-110 and eliminate lot 360 (Agenda Item No. 15-146) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2015 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Cambridge and Milton Students who Chose to Serve their Country in a Military Career. (Presented by Councilmember Bill Lusk) 2. Proclamation Recognizing Memorial Day. (Presented by Councilmember Bill Lusk) 3. Proclamation Recognizing National Public Works Week. (Presented by Mayor Joe Lockwood) 4. Proclamation Remembering Peace Officers’ Memorial Day and Its Origin in Georgia. (Presented by Mayor Joe Lockwood) 5. Presentation of the City of Milton FY 2014 Annual Audit. (Presented by Adam M. Fraley, CPA & Tim Lyons, CPA, Mauldin & Jenkins, LLC) 7) FIRST PRESENTATION 1. Consideration of Revisions to Milton City Code, Chapter 22, Fire Prevention and Protection. (Agenda Item No. 15-147) (Discussed at May 11, 2015 Council Work Session) (Matt Marietta, Fire Marshal) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ15-05 – Chapter 64, Article XVII Development Standards, to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. (Agenda Item No. 15- 096) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Deferred at April 27, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 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) (First Presentation at May 4, 2015 Regular City Council Meeting) (Discussed at May 11, 2015 Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MAY 18, 2015 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-148) The minutes were provided electronically no HOME OF' MIL;TON'*k E STA ii l.1 S H F D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending April, 2015. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS () YES () NOT APPROVED (VNO VNO () APPROVED () NOT APPROVED OS t$Is W4 Your PHONE: 678.242.2500 � FAX: 678.242.2499 Green' _Av infoi4cityofmilfonga.us j www.cifyofmiltonga.us WILI11-,FE Community 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004,,a<<,r To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on May 8, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 7 – April 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.44% over what is anticipated for the seventh period of the fiscal year. Total expenditures to-date are $9,180,745 and are 6.62% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $12,139,643, capital expenditures-to-date total $3,094,810. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending April 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 59,579 250 59,329 404,663 260,250 144,413 Motor Vehicle Tax 915,000 83,977 76,250 7,727 487,403 457,500 29,903 Intangible Tax 150,000 17,129 12,500 4,629 93,844 112,500 (18,656) Real Estate Transfer Tax 75,000 5,420 6,250 (830) 43,936 37,500 6,436 Franchise Fees 1,850,000 200,544 200,544 - 896,453 1,045,000 (148,547) Local Option Sales Tax 8,000,000 678,262 666,667 11,595 4,191,419 4,000,000 191,419 Alcohol Beverage Excise Tax 285,000 24,348 23,750 598 139,832 142,500 (2,668) Business & Occupation Tax 660,000 38,241 33,000 5,241 611,690 627,000 (15,310) Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 - - - 39,673 33,000 6,673 Penalties & Interest 34,600 5,408 2,475 2,933 22,703 21,483 1,219 Alcohol Beverage Licenses 135,000 - - - 147,400 135,000 12,400 Other Non-Business Permits/Licenses 18,100 1,281 1,342 (61) 13,237 10,975 2,262 Zoning & Land Disturbance Permits 219,600 3,587 18,300 (14,713) 65,197 128,100 (62,903) Building Permits 400,000 40,138 33,333 6,804 269,746 233,333 36,413 Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 30,249 39,617 (9,368) 310,655 283,733 26,921 Municipal Court Fines 551,000 - 45,917 (45,917) 273,301 321,417 (48,115) Interest Earnings 17,500 70 1,458 (1,388) 15,938 10,208 5,730 Contributions & Donations - - - - 2,589 - 2,589 Other Revenue 23,140 2,169 1,928 241 38,363 13,498 24,865 Other Financing Sources 30,900 2,161 2,161 - 15,141 18,025 (2,884) Total Revenues 24,386,240 1,192,561 1,165,741 26,820 8,083,183 7,891,023 192,160 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 8,392 9,781 (1,389) 81,297 83,904 (2,606) City Clerk 192,358 11,236 15,102 (3,866) 90,082 107,364 (17,281) City Manager 675,067 42,237 50,630 (8,394) 329,258 367,138 (37,880) General Administration 39,414 3,085 3,285 (200) 27,320 22,992 4,328 Finance 431,244 21,374 25,950 (4,577) 230,188 250,351 (20,162) Legal 230,000 15,305 38,333 (23,028) 112,989 115,000 (2,011) Information Technology 772,467 37,291 47,977 (10,687) 462,363 474,707 (12,345) Human Resources 323,149 20,180 24,409 (4,229) 144,731 171,542 (26,810) Risk Management 251,855 - 20,988 (20,988) 108,898 146,915 (38,018) General Government Buildings 380,230 32,809 31,686 1,123 227,485 221,801 5,684 Public Information & Marketing 358,730 16,447 22,221 (5,774) 191,522 206,672 (15,151) Municipal Court 301,471 19,143 23,132 (3,989) 146,104 165,558 (19,454) Police 3,956,660 208,487 291,322 (82,835) 1,995,193 2,169,973 (174,780) Fire 5,566,535 311,232 402,825 (91,593) 2,889,787 2,977,835 (88,048) Public Works 1,724,863 130,563 139,325 (8,762) 969,146 985,269 (16,122) Parks & Recreation 950,945 29,633 43,880 (14,247) 529,940 620,172 (90,232) Community Development 978,451 36,906 75,567 (38,661) 443,101 542,471 (99,370) Economic Development 79,941 3,012 3,134 (122) 22,224 22,553 (329) Debt Service - Capital Lease Payment 184,517 - - - 179,117 179,117 - Operating Transfers to Other Funds 10,923,955 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 28,664,930 947,332 1,269,546 (322,214)9,180,745 9,831,331 (650,586) Net Income/(Loss)(4,278,690)245,229 (1,097,562) Fund Balance - Beginning 10,798,747 10,798,747 Fund Balance - Ending 6,520,057 9,701,185 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 500$ 150$ 150$ (350)$ Interest Revenues - 1 11 11 Crabapple Fest Sponsor 8,500 - 1,000 (7,500) Earth Day Sponsor 3,500 250 2,000 (1,500) Concert Sponsor 12,000 - - (12,000) Mayor's Run Sponsor 500 - 1,000 500 Artisan Farmer's Market Sponsor 18,300 - - (18,300) Craft Beer & Wine Festival Sponsor 35,000 - - (35,000) Donations/MGG - - 818 818 T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - 675 225 Roundup Food Sales - - - - Total revenues 78,750$ 401$ 5,654$ (73,097)$ EXPENDITURES Current: Special Events 123,825$ 7,365$ 39,152$ 84,673$ Total Expenditures 123,825$ 7,365$ 39,152$ 84,673$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 6,378$ 33,296$ (6,704)$ Total other financing sources and uses 40,000$ 6,378$ 33,296$ (6,704)$ Net change in fund balances (5,075)$ (203)$ Fund balances - beginning 43,287 43,287 Fund balances - ending 38,212$ 43,085$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - 34,637 34,637 Interest Revenues/State Funds - - 14 14 Interest Revenues/Federal Funds - - 30 30 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ -$ 34,681$ 34,681$ EXPENDITURES Current: Police 33,000$ 1,249$ 13,451$ 19,549$ Total Expenditures 33,000$ 1,249$ 13,451$ 19,549$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 21,231$ Fund balances - beginning 163,191 163,191 Fund balances - ending 130,191$ 184,422$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 133,356$ 413,938$ (386,062)$ Interest Revenue 175 21 178 3 Total revenues 800,175$ 133,377$ 414,115$ (386,060)$ EXPENDITURES Current: Public Safety 821,000$ 1,310$ 79,737$ 741,263$ Total Expenditures 821,000$ 1,310$ 79,737$ 741,263$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ 334,378$ Fund balances - beginning 479,271 479,271 Fund balances - ending 58,446$ 813,649$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 6,378$ 33,296$ (26,704)$ Total revenues 60,000$ 6,378$ 33,296$ (26,704)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 6,378 33,296 (6,704) Total other financing sources and uses 60,000$ 6,378$ 33,296$ (26,704)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ 17,272$ 37,253$ (32,747)$ Sidewalk Replacement Account - 18,480 22,226 22,226 Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 90,000 27,805 58,174 (31,826) HYA Fees - - - Interest Revenue 1,700 - 258 (1,442) Realized Gain or Loss on Investments - - - - Insurance Proceeds - - 10,225 10,225 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Miscellaneous Revenue - (8) 4,921 4,921 Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 161,700 63,548$ 133,056$ (28,644)$ EXPENDITURES Capital Outlay City Council 300,000$ -$ 355,008$ (55,008)$ General Admin 50,000 - 19,414 30,586 Finance - 1,156 1,156 (1,156) IT - - - - Police 2,003,226 975 1,025,243 977,983 Fire 1,853,287 - 182,417 1,670,870 Public Works 6,622,457 6,500 500,708 6,121,749 Parks & Recreation 1,115,233 59,613 996,627 118,606 Community Development 195,440 2,632 14,237 181,203 Total Capital Outlay 12,139,643$ 70,877$ 3,094,810$ 9,044,833$ Excess of revenues over expenditures (11,977,943) (7,328) (2,961,754) (9,073,476) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ -$ -$ (400,000)$ Unallocated - -$ -$ -$ Lease Proceeds - -$ -$ - Proceeds of Sale of Assets - -$ -$ - Budgeted Fund Balance - - - - Total other financing sources and uses 4,465,206 - - (4,465,206) Net change in fund balances (7,512,737) (2,961,754) Fund balances - beginning 7,875,774 7,875,774 Fund balances - ending 363,037$ 4,914,020$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 7 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)188,623 - 41,891 (146,732) LMIG Funds 200,000 - 278,684 78,684 GDOT HPP Funds 5,514,052 - 622,373 (4,891,679) MARTA Grant 177,355 - 102,705 (74,650) SR 9 @ Bethany Bend Grant 17,726 - 16,232 (1,494) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway 15,000 - 15,000 15,000 Interest Revenues - - 44 44 Total revenues 6,616,818$ -$ 1,076,929$ (5,524,889)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,261,981$ 222,950$ 2,055,195$ 5,206,786$ Community Development 4,900 - - 4,900 Total Capital Outlay 7,266,881$ 222,950$ 2,055,195$ 5,211,686$ Excess of revenues over expenditures (650,063) (222,950) (978,266) (313,203) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ -$ -$ 600,180$ Budgeted Fund Balance - - - - Total other financing sources and uses 600,180$ -$ -$ 600,180$ Net change in fund balances (49,883) (978,266) Fund balances - beginning 50,032 50,032 Fund balances - ending 149$ (928,234)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - - 91 91 Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ -$ 91$ (99,909)$ EXPENDITURES Capital Outlay General Government Buildings 3,133,611$ 37,349$ 37,453$ 3,096,158$ Parks & Recreation 9,131,258 346,667 3,125,032 6,006,226 Bond Principal 535,000 - - 535,000 Bond Interest 300,000 669 669 299,331 Total Capital Outlay 13,099,869$ 384,685$ 3,163,154$ 9,936,715$ Excess of revenues over expenditures (12,999,869) (384,685) (3,163,063) 9,836,806 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 6,258,569$ -$ -$ (1,979,879)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 15,858,569$ -$ -$ 7,620,121$ Net change in fund balances 2,858,700 (3,163,063) Fund balances - beginning 1,419,989 1,419,989 Fund balances - ending 4,278,689$ (1,743,073)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended April 30, 2015 9 W. CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Peoples & Quigley, Inc. to Provide Professional Engineering Services for the Design of the Fire Station #42 Septic Field Replacement. MEETING DATE: Monday, May 18, 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: { YES () NO APPROVAL BY CITY ATTORNEY ( APPROVED () NOT APPROVED PLACED ON AGENDA FOR: D 4 1 S 1 REMARKS 4 © . YO PHONE: 678.242,2500 j FAX: 678.242.2499 Gib e info@cityo}miftanga.us j www.cliyofmiltonga.us WILDLIEL Community ;J 'Itvof 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on May 7, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Peoples & Quigley, Inc. to Provide Professional Engineering Services for the Design of the Fire Station #42 Septic Field Replacement ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Fire Station #42 is scheduled for replacement within the next two years. The ability to provide an adequate septic system that meets the current demands and regulatory requirements will be a decisive factor in the ability to redevelop the existing site for the new station. This project will size the new system and evaluate the potential of various locations for the drain field. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Fire Station Improvements account for the Fire Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 4/21/2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement MILTON'r ESTABLISHED. PROFESSIONAL SERVICES AGREEMENT FIRE STATION #42 SEPTIC DESIGN This Professional Services Agreement (the "Agreement") is made and entered into this day of , 2015, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Peoples & Quigley, Inc. (hereinafter referred to as the "Consultant") located at 6059 Boylston Drive, NE, Sandy Springs, Georgia 30328. WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as the preliminary design of a new septic system for fire station #42. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the "Notice to Proceed". The City may grant extensions to this time frame at their discretion. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's Page 1 of 6 receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $6,500, plus $500 in reimbursable expenses (the "Contract Price"), except as outlined in Section 4 above. Reimbursable expenses shall be paid at a direct cost to the consultant with no additional mark-ups included. Invoices/receipts must be submitted for all reimbursable expenses. Consultant shall take no calculated risk in the performance of the Work Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of Citv: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees from and against any and all liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory Page 2 of 6 bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: The Client acknowledges the Consultant's construction documents, including electronic files, as the work papers of the Consultant and the Consultant's instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Consultant, the Client shall receive ownership of the final construction documents prepared under this Agreement. The Client shall not reuse or make any modification to the construction documents without the prior written authorization of the Consultant. The Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way related to or connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Consultant. Under no circumstances shall the transfer of ownership of the Consultant's drawings, specifications, electronic files or other instruments of service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Consultant's copyrights in any of the foregoing, full ownership of which shall remain with the Consultant, absent the Consultant's express prior written consent. G. Consultant's Representative: Christopher Quigley shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentialitv: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Countemarts. This Agreement may be executed in any number of counterparts, each of which Page 3 of 6 shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's Page 4 of 6 subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 5 of 6 Peoples & Quigley, Inc. Robert F. Peoples, President CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 6 of 6 Attest: Christopher D. Quigley, Secretary [AFFIX CORPORATE SEAL] Exhibit "A" Work Description The following tasks shall be performed as directed by the City in the execution of this contract: Task 1: Conduct site visit to detail/classify soils and perform two percolation tests in each of three potential field replacement areas. Task 2: Size needed septic improvements including tank volume, valving, dosing tank, distribution box and drain field using infiltrator system, lift station and force main if necessary. Task 3: Identify primary and secondary field locations based on field data and design requirements in accordance with Fulton County Health Department requirements. Exhibit `B" Insurance Certificate EXIIIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: /0(0530 eVerify Number 3 -/a.- 200 8 Date of Authorization Peoples & Quigley, Inc. Name of Contractor Station #42 Septic Design 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? M�s�--'—� I , 201-!�in iF (stat )• V Signature of Authorized Officer or Age r_h N 5+ le Au r�zedQYi� Printed Name d Title of Authorized O�ficer o Agent SUBSCRIBEDAND SWORN BEFORE ME ON THIS THE .— DAY OF /tit ,201 OTARY PUBLIC ANN S. FUKUSHIMA [NOTARY SEAL] NOTARY PUBLIC Dekalb County State of Georgia My CormmlsSlon Expires May 20, 201 My Comrrryryt ssion Expires: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, finn or corporation which is engaged in the physical performance of services under a contract with Peoples & Quigley, 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 Station #42 Sentic Desien 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 NOTARY PUBLIC [NOTARY SEAL] My Commission rx HOME OF' - a' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and SiteMed North America, LLC for Firefighter and Police Officer Wellness Physicals. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQU'IR`ED. YES CITY ATTORNEY REVIEW REQUIRED. OYES APPROVAL BY CITY ATTORNEY �APPROVED PLACED ON AGENDA FOR: a � I Ej 1"S REMARKS O NOT APPROVED () NO () NO Your C PHONE: 678.242.25001 FAX: 678.242.2499 Green 9 crnf;M* ropioa kILDL i Community i c"° "f inioC�cityofmiltonga.us I www.citt yafmi[tanga.us � +1 Ethic, 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004'��{ Page 1 of 2 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on May 4, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Contract with SiteMed North America, LLC for Firefighter and Police Officer Wellness Physicals ____________________________________________________________________________ Department Recommendation: Approve the attached contract for the purpose of providing firefighter and police officer wellness physicals by SiteMed. Executive Summary: The National Fire Protection Association (NFPA) recommends that all firefighters engaged in emergency operation to be examined by a physician at least annually and suggested the medical examination be developed and administered by the fire department physician in recognition of the specific requirements of the members’ activities. Police officers participate in the same wellness program as the firefighters since there is no current standard for this group. The SiteMed wellness program, which meets NFPA and OSHA standards, is broken down into two phases; Phase I - Lab Work, Phase II – Physical Exam (by a physician). Personnel are offered three opportunities to complete each phase, allowing personnel on each shift the opportunity to participate. This is easily accomplished since SiteMed performs all services on site. Since 2010, a competitive bid process has been completed and with only a limited number of physician groups able to perform NFPA compliant physicals, SiteMed has consistently been the lowest bidder. We have come to a point where the other physician groups will no longer provide a quote for service. Funding and Fiscal Impact: The wellness program was included in the FY 2015 budget for the Fire Department and Police Department. This contract would not obligate any further expense for the City of Milton, but instead ensures that the Department gets the best service, price and quality for the funding already earmarked for this purpose. This agreement will automatically renew on January 1, 2016 and on January 1 of each year thereafter. This agreement will terminate on December 31, 2019. Page 2 of 2 Alternatives: The department may continue to seek bids from other physician groups. However, this is not an optimal arrangement because it would greatly increase the time administrative staff spends in the procurement process and may hinder achieving consistency of the wellness program within the Fire and Police Departments. Legal Review: Ken Jarrard – Jarrard & Davis (April 30, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement 1 SERVICES AGREEMENT Public Safety Employee Medical Clearance Program This Services Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 20 15, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and SiteMed North America, LLC (hereinafter referred to as the “Contractor”) having its principal place of business at 1810 White Circle, Suite 155, Marietta, GA 30066. WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the “Work”); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A-SCOPE OF WORK; EXHIBIT B-INSURANCE CERTFICATE; EXHIBIT C-CONTRACTOR AFFIDAVIT AND AGREEMENT; EXHIBIT D-SUBCONTRACTOR AFFIDAVIT (IF NECESSARY) To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as a public safety employee medical clearance program in accordance with Exhibit A. Section 3. Contract Time: The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Contractor at least five (5) days prior to the end of the then current calendar year, provided that in no event shall the term of this Agreement, including all renewal terms, extend beyond December 31, 2019. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement, provided that the total annual cost to City shall not exceed $22,800.00, except as may be agreed to pursuant to Section 4 above. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. 2 Invoices shall reflect charges incurred versus charges budgeted. Payment shall be made as set forth in Exhibit A. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the durati on of this Agreement, insurance approved by the City as shown on Exhibit “B”. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its profession. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor’s Representative: Tony Gibson shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 3 I. Meetings: Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City J. HIPAA: Contractor shall operate in compliance with the Health Insurance Portability and Accountability Act, as well as all other federal, state and local laws, ordinances and regulations. K. Execution: The individual executing this document on behalf of the Contractor hereby warrants and certifies, under penalty of fraud, that they are duly authorized to execute this Agreement on behalf of the Contractor. Section 7. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited: (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the 4 subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. SITEMED NORTH AMERICA, LLC 0 6-"' ,wyie Vanessa Flores, Chief Operating Officer [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor EXHIBIT “A” [ATTACHED] 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS Chief Robert Edgar April 17, 2015 City of Milton Fire Department 13000 Deerfield Parkway, Ste. 107F Milton, GA 30004 Re: Firefighter Medical Clearance Program Dear Chief Edgar, Please find the attached proposal for your Firefighter Medical Clearance Program. I have listed several key factors that differentiate us from the competition. 1. Our examination meets and exceeds the NFPA 1582 standard. Other companies only perform an OSHA 1910.156 exam that does not meet the requirements for NFPA 1582. OSHA 1910.156 is commonly referred to as the Fire Brigade Standard, and is meant for companies that have Fire Brigades manned by their employees, not for Fire Departments. Components that we include that are typically missing from other programs include:  Comprehensive head to toe physical exam  Option for Audiometer hearing testing  C.2.1.3 Submaximal Graded Treadmill Evaluation (WFI Treadmill Protocol)  C.2.1.5 Hand grip strength evaluation  C.2.1.8 Vertical Jump Assessment or C.2.1.6 Leg Strength Evaluation  C.2.1.7 Arm Strength Evaluation  C.2.1.9 Push-up muscle endurance evaluation  C.2.1.11 Prone Static Plank Core Stabilization Assessment  C.2.1.12 Sit and reach flexibility evaluation All of our testing equipment meets the stringent standards in NFPA 1582. In addition, w e can exceed the NFPA Standard by offering optional advanced genetic testing for heart disease and other ser vices to help keep your firefighters healthy. 2. We are doctor owned and operated. We own our clinic and Dr. Fernandez and Dr. Walker are licensed to practice medicine in 8 states throughout the Southeast. What does this mean for you? Consistency, Reliability, & Dependability. Other companies owned by non-physicians hire outside doctors who may not have experience with firefighter physicals. We specialize in Occupational Medicine and firefighter exams. This is what we do all day every day. Let us put our experience to work for you. Have medical questions about your firefighters but don’t know who to ask? Don’t worry; with SiteMed you have year-round access to our physicians. 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS 3. We use a unique Two Phase Process Phase I – Techs gather all blood work and administer testing. Phase II – Medical Provider on-site for physical exam and one on one consultation. How does this benefit you? By having the test results available prior to the consultation, we are able to customize a treatment plan to meet your specific needs. This allows for a much more productive and valuable consultation. This time with your medical provider is what matters and where you see results. 4. Post-Event Management As physicians, we will coordinate follow up clearances and mitigate medical clearance issues for you. What does this mean to you? We are with you every step of the way and sweat the small stuff so you don’t have to. Once you have had a chance to review our proposal, please feel free to contact me with any questions you ma y have. Thanks for giving us the opportunity to bid on this proposal. We look forward to working with you in the near future. Sincerely, Vanessa Flores COO This proposal is valid for 90 days from date above. If you are outside this tim e frame, please call our office for an updated proposal. The information contained in this proposal is confidential information intended only for the use of the individual or entity named above. If the reader of this proposal is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this proposal i n error, please immediately notify us by telephone at 888-837-4819. Thank you. 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS Firefighter Program meets OSHA 29 CFR 1910.95, 1910.134, 1910.120, 1910.1030, NFPA 1582 and includes:  Comprehensive Medical History – All necessary forms will be provided  Medical Examination - Comprehensive physical exam includes: head, eyes, ears, nose, throat, neck, heart, lungs, gastrointestinal, genitourinary, lymph nodes, musculoskeletal, skin, neurological and hernia check.  Vitals – Height, Weight and Blood Pressure  Lab Analysis – Chemistry Screen, CBC, Lipid Panel, Thyroid and Urinalysis  PPD Skin Test for Tuberculosis  Body Composition – Bio Impedance Analysis (BIA)  Pulmonary Function Testing (PFT)  Vision – Snellen (distance) screening  EKG – 12-lead resting electrocardiogram  WFI Submaximal Graded Treadmill Evaluation - to evaluate aerobic capacity (per NFPA 1582 C.2.1.3)  Jackson System Strength Testing – Muscular Strength: includes grip, leg and arm strength (per NFPA 1582 C.2.1.5, C2.1.6 & C 2.1.7) or Vertical Jump Assessment (per NFPA 1582 C.2.1.8 )  Flexibility: sit & reach (per NFPA 1582 C.2.1.12)  Muscular Endurance: push-up & static plank (per NFPA 1582 C.2.1.9 & C.2.1.11)  One-on-one consultation with licensed medical provider  Copy of results and interpretations provided to each firefighter in sealed envelope  Clearance letters will be provided within 5 days of the physical examination if there are no medical issues requiring follow up  Department Summary Report including relevant averages, ranges, and annual comparison statistics 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS SiteMed Lab Analysis Chemistry Screen: Glucose Total Protein Sodium Albumin Potassium Globulin Chloride Albumin/Globulin Ratio Urea Nitrogen (BUN) Total Bilirubin – Liver Function eGFR Direct Bilirubin Creatinine Alkaline Phosphatase – Liver Function BUN/Creatinine ratio Gamma-GT Uric Acid AST (SGOT) Inorganic Phosphorus ALT (SGPT) Calcium LDH – Heart Enzyme Iron (TIBC) Lipids: Urinalysis: Triglycerides Color Ketones Cholesterol, Total Appearance Occult blood HDL-High Density Lipoprotein Cholesterol Specific gravity Leukocyte esterase LDL-Low Density Lipoprotein Cholesterol pH Nitrite VLDL-Very Low Density Lipoprotein Cholesterol Protein Bilirubin Cholesterol / HDL-Cholesterol Glucose Urobilinogen Estimated Coronary Heart Disease Risk Microscopic examination of urine sediment Thyroid: Thyroid-stimulating Hormone (TSH) Complete Blood Count (CBC): White Blood Count (WBC) Red Blood Count (RBC) Hemoglobin Hematocrit Mean Corpuscular Volume (MCV) Platelets Mean Corpuscular Hemoglobin (MCH) Lymphs Mean Corpuscular Hemoglobin Concentration (MCHC) Monocytes Polymorphonuclear Neutrophils (Polys) Eos Basos 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS Additional Services Fees are in addition to the above basic program cost. If you would like to offer your firefighters additional services at their expense, please have them visit our website at www.sitemedfire.com during phase I and click on the “store” tab in the navigation menu for more information. Chest X-Ray – minimum required $110 per person Vision – Titmus color blindness, visual acuity and depth perception $15 per person Hepatitis B Injections $75 per vaccine Price is per person, per vaccine with a series of 3 shots – includes cost of the vaccines Influenza Vaccination – Flu – must be scheduled in advance; $25 per person minimum number required QuantiFERON TB Gold Test – in case of a previous positive PPD $95 per person NMR Particle Test $45 per person Calcium Scoring CT Scan* may not be available at all locations $150 per person Fecal Occult Blood Screening (>40 y.o.) $15 per person Blood typing (ABO grouping & Rho-D) $17 per person Hepatitis B Antibody Screening (Titer Test) $27 per person Hepatitis C Screening $27 per person HIV – Screening $25 per person CRP (C-Reactive Protein) $15 per person Hemoglobin A1C $40 per person Ovarian Cancer Screening (CA-125) – female $30 per person PSA screening – male $22 per person Cholinesterase, RBC – blood test (Haz-Mat teams) $42 per person Heavy Metals (Haz-Mat teams) Per request DOT Medical Cards $25 per card Blood and Urine Collection at LabCorp Facility $7.50 per person 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS AGREEMENT SiteMed will provide the following firefighter physicals based on a minimum of 80 (55 Firefighters & 32 Police Officers) exams. The firefighter physical program includes the services listed below, technician(s) and medical provider:  $285 per firefighter includes services listed above and an audiogram using our Benson audiometer equipment in a quiet room at your facility to check hearing. Total cost, excluding any additional services is $22,800. If you do not have a quiet room at your facility, we can also perform audio testing with our Benson audiometer equipment in our 40’ Mobile Medical Van. An additional mobilization fee will apply based on mileage and job length. SiteMed will come on-site once per year. Each on-site visit will consist of 3 Phase I days, up to 5 hours each day, and 3 Phase II days, up to 8 hours each day, for a total of 6 days each year. Additional hours or days will be invoiced separately. Additional fees of $7.50 per person will apply for labs collected at LabCorp facility due to missed appointments or absenteeism during Phase I. Program will be broken down as follows: Phase 1: Laboratory specimen collection at your facility at least 2 weeks prior to Phase 2 Phase 2: All other services including physical exam Scheduling of services is as follows: To be determined Billing of services is as follows: 25% to be invoiced after Phase I is completed 75% to be invoiced after Phase II is completed This agreement made and entered this date________ of __________________, 2015 between SiteMed and City of Milton- Fire Department. This agreement shall exist for an initial period of three (3) years with annual scheduling on the below listed date for the above listed services and will automatically renew for successive scheduling annually thereafter unless otherwise notified by either party 60 days prior to scheduled testing. Any cancellations made less than 30 days prior to scheduled dates will incur charges of 50% of the Minimum Charge for time scheduled if not rescheduled for a later date. Cancellations made more than 30 days prior to scheduled dates will incur charges of 25% of the Minimum Charge if not rescheduled for a later date. Rescheduling of services will not incur cancellation fee. The above listed pricing will only be guaranteed for the initial period of one (1) year and only while above listed volume of testing remains the same or greater. Invoices are “Due upon Receipt”. Increase in employee numbers may require additional testing dates. We, the undersigned, duly authorized representatives of the above parties do hereby agree to the statement and conditions outlined above. City of Milton- Fire Department – Representative Date SiteMed – Representative Date 1810 White Circle · Suite 155 112 Donmoor Court Marietta, GA 30066 Garner, NC 27529 SiteMedFire.com Phone/Fax 888-837-4819 ON-SITE FIREFIGHTER PHYSICALS RERERENCES: The following is a list of some of our most recent public safety jobs. I encourage you to contact our clients listed to discuss the key differences in our services vs. our competitor’s.  Atlanta Fire Rescue Department (GA) - Jerry Solamon, Project Manager – 404-546-2601 jsolamon@atlantaga.gov  Marietta Fire Department (GA) – Asst. Chief Kelly Caldwell – 770-794-5470 KCaldwell@mariettaga.gov  City of Smyrna (GA)– Chief Roy Acree - 770-434-6667 racree@ci.smyrna.ga.us  Cartersville Fire Department (GA) – Chief Scott Carter - 770-387-5635 scarter@cityofcartersville.org  Cherokee Fire and Emergency Services (GA) – Chief Eddie Robinson – 770-889-4451 erobinson@cherokeega.com  Paulding County Fire/Rescue (GA) – Chief Joey Pelfrey – 404-867-2881 jpelfrey@paulding.gov  Hoover Fire Department (AL) – Chief Rick Patterson – 205-229-9381 pattersr@ci.hoover.al.us  Wake Forest Fire Department (NC) – Chief Ron Early – 919-556-1966 rearly@wakeforestfire.com  Leland Fire/Rescue (NC) – Assistant Chief Ronnie Hayes – 910-371-2727 ronnie.hayes@lelandfirerescue.com  Davidson Fire Department (NC) - Assistant Chief Frank Molinek – 704-577-0632 fmolinek@townofdavidson.org  City of Asheville (NC) – Fire Chief Barry Hendren – 828-259-5646 bhendren@ashevillenc.gov  City of Fayetteville (NC) – Fire Chief Calvin Bishop – 910-433-1729 CBishop@ci.fay.nc.us EXHIBIT “B” Insurance Certificate EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 31o41945 eVerify Number 101t51-" -O 10 Date of Authorization SiteMed North America, LLC Name of Contractor Public Safety ployee Medical Clearance 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 ��, _4_, 201 Sin Q7t'f ity), N Q(state Signature of #uthorized Officer or Agent Vt'yv&4 ,tA2j"C�N R J-oe - Printed Name and Title of Authorized Officer or Agent SUBSCRIBED,AND SWORN BEFORE ME ON THIS HE DAY OF CJLA N TARY PUBLIC w�www Ina dNpnrdi Ca dinar M Comm) My Comissi in Expires: , EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with SiteMed North American, LLC. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: S6 '&%5 eVerify Number i'0�,S\Wko Date of Authorization SiteMed North America, LLC Name of Subcontractor Public Safes Employee Medical Clearance Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Execute �1 , i,, 201 �5 in6Vft#ity), e). —3d. Signature f Authorized Officer orAgent � Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ANP SWORN BEFORE ME ON HIST Y OF ,201 15 NO ARY LIC , EVanessa Flo Medina btsi�a ftllcnston Countyrth Carolinaon Evires My Commission Expires: a-'a4w I -)o 'Cil HOME OF ' M I LTON* ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Gibson Landscape Services, LLC for Tree Installation at the Thomas Byrd, Sr. Center. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. (APPROVED CITY ATTORNEY APPROVAL REQUIRED: l) YES CITY ATTORNEY REVIEW REQUIRED: 9YES APPROVAL BY CITY ATTORNEY YAPPROVED PLACED ON AGENDA FOR: O � ) Qj I S ►Fj_: () NOT APPROVED O NO () NO NOTAPPROVED ©,yourY6en`� * Cernhed { *** GR �1oP 100 PHONE: 678.242.2500 1 FAX: 678.242.2499 c�ira �,; info@cityofmiltonga.us 1 www.cityofmlltonga.us IL[ommunity �,h;�L�� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Mark Law, Arborist Date: Submitted on May 5, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Gibson Landscaping Services, LLC for Tree Installation at the Thomas Byrd, Sr. Center. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Tree planting portion of the landscaping for the Thomas Byrd, Sr. House will be done in the first phase. Funding and Fiscal Impact: Funds for the tree plantings are available in the City Reforestation Fund. Alternatives: Installation of no trees. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 4/23/2015 Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Construction Services Agreement HO ME QF- 1�k E5TARLESHLD 200(, CONSTRUCTION SERVICES AGREEMENT Thomas Byrd House Landscaping This Services Agreement (the "Agreement") is made and entered into this CIday of 201 by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "Ci ', }, and Gibson Landscape Services, LLC (hereinafter referred to as the "Contractor") having its principal place of business at 11395 Old Roswell Road, Alpharetta, GA 30009. WITNESSETH THAT: WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A -SCOPE OF WORK; EXHIBIT B -INSURANCE CERTFICATE; EXHIBIT C -CONTRACTOR AFFIDAVIT AND AGREEMENT; EXHIBIT D -SUBCONTRACTOR AFFIDAVIT (IF NECESSARY) To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as tree planting in accordance with the Exhibit A at the Thomas Byrd House located at 15690 Hopewell Road. Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City, and shall fully complete the Work within 30 business days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executcd by the City in accordance with its purchasing regulations "The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5,000, must be approved by resolution of the Milton City Council." Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed 11,967.85 (the "Contract Price"), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. Section b. Covenants of Contractor A. Assignment of A eement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of Ci1y: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all Iosses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit "B". E. Licenses Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor's Representative: Tony Gibson shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. 2 H. Confidentiali!y: 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. 1. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty. Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section S. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited: (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-9I, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any 4 subcontractor or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under this Agreement. [ Signatures continued on the next page I IN WITNESS WlIERFOF. the garlics haVC caused this Agreement to he cxecu[ed nuclei .cal aN tit [hr dale firs-[ above ►► ritte[t. Gibson Landscapc Sen ices, 1.11 F 5i�na[u ]AI I A CORP(illAI I til :11 CITY O ]III"YON, (;11:(14 Printed \amc: Ai3,vmj EXHIBIT "A" Scope of Work Furnish all necessary material, labor and equipment to complete the work in accordance with these specifications and standard industry practices. All material is guaranteed to be as specified. All work to be completed in a skillful manner according to standard industry practices. Any alteration or deviation from the specifications involving extra costs shall be submitted as a written change -order. The costs will become an extra charge over and above the contract amount. All elements of this agreement are contingent upon strikes, accidents or delays beyond our control. The estimate does not include material price increases, or additional labor and materials which may be required should unforeseen problems arise after the work has started. The following scope for installation services and specifications for products constructed by GLS LLC, as described to include the following clarifications and conditions for proper evaluation. All quoted items listed include procurement, storage and delivery of material to above mentioned location yet this is not a limit or inclusive of other materials unless expressly mentioned in this quotation. Tree installation includes soil amendment, staking, installation of drip irrigation bags and a one- time watering in or filing of drip irrigation bags. Any and all drip irrigation bags used are to become the property of the City of Milton. Contractor to coordinate the location of all plant materials with the City Arborist. The arborist shall approve the final location of all materials prior to final installation by the Contractor. Lay down area is to be provided by City for staging, holding and delivery of materials. Pricing includes ONE mobilization. WARRANTY: All plant material shall be selected from licensed growers with certified nursery stock. The Contractor shall select only healthy, vigorous material, free of pest and disease. All plant material shall be tagged "certified nursery stock", and not be collected material. The Contractors Horticulturist shall inspect all root balls, containers and height to width ratios for conformity to the she standards set forth in "AMERICAN STANDARD FOR NURSERY STOCK". All plant material is guaranteed for one full year against improper installation or defective material, provided proper care procedures are followed. No transplanted material will be guaranteed. Replacements are only once. There is no extended warranty on replacements GLS LLC, is not responsible for loss or damages due to acts of God, criminal malicious acts or any negligent acts beyond the control of GLS LLC. (i.e. overwatering, under watering, freeze damage, lightning, drought, vandalism, loss of power to irrigation, no litigation, etc). EXCLUSIONS: Site grading, mass excavations, backfill, erosion control, demolition, rock (blasting, excavation, disposal or replacement all any work related to unsuitable soil conditions and/or the restoration of deteriorated subgrade caused by others or acts of God. Permits, inspections and testing, flagmen and traffic control, temporary utilities including water, and toilets and or disposal. Perpetual landscape care. Watering of plant material. Water management. Maintenance. Warranty of transplanted plant material. Performance and Payment Bond. Trees to be provided: QTY SIZE TREE SPECIES 1 2" Salix matsudana'Totuaosa' 1 3" Acer saccharum 'Legacy' 1 3" Prunus yedoensis `Yoshino' 2 5' Betula nigra `Little King' 2 8' Magnolia `Little Gem' 5 8' Cypress Carolina ' Carolina Sapphire' 1 8' Magnolia stellata 1 2" Cercis canadensis'Risin Sun' 3 5' Vaccinium arboreum 3 1.5" Cornus florida `White' 2 1.5" Cornus florida `Pink' 3 3" N ssa s lvatica'Wildfire' 1 4" Ulmus american `Princeton' 1 3" Cladastris kentukea 3 6' Cryptomeria :L:: MISCELLANEOUS 30 Bas Tree Save 30 Ea Tree Staking 4 Cy Soil Amendments 45 Bales Pine Straw 32 Ea Gator Bags EXHIBIT "B" Insurance Certificate .acoRo� CERTIFICATE OF LIABILITY INSURANCE TE(MMIDDPMY) 751512015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Re ions Insurance, Inc. 300Colonial Center Parkway Suite 200E Roswell, GA 30076 CONTACT NAME: Ben Bryan PHONE 1AIC, No- 770-255-7875 'FAX No: 770-255-7890 -MAIL DDRE : ben. b an re ions.com WSURER(SI AFFORDING COVERAGE NAIC If 4/1/2015 INSURER A : Association Casualty Insurance 35629 EACH OCCURRENCE $ 1,000,000 INSURED Gibson Landscape Services, LLC 9200 Turner Road INSURER B: Columbia National Insurance Com 19640 INSURER c: Technol2gy Insurance Company 42376 INSURER D: Jonesboro GA 30236 INSURER E: PRODUCTS - COMP/OP AGG $ 2,000,000 INSURER F: A I .I IV FKnI.F\ ['FW I o -u =a I F MI IAA 4FW' OACRnn Yl oQAnQIl Rl au laanco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA)MS- INSR TR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMlDDPOLICY EFF MMrODPOLICYlYYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR CMPGA0000028167 4/1/2015 4/1/2016 EACH OCCURRENCE $ 1,000,000 AGE ToRNTED PREM SES (EaEoccurrence $ 300,000 MED EXP (Any one person) S 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE O- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS Drive Ot Car CAPGA0000028167 4/1/2015 4/1/2016 EDa BINE0 SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per amdent) $ PROPERTY DAMAGE $ Pea dant $ B UMBRELLA LIAB EXCESSLIAB ,� OCCUR CLAIMS -MADE CUPGA0000028167 4/1/2015 4/1/2116 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENTION$ 10, 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERfEXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? ❑Y (Mandatory In NHI If ns, describe urder DESCRIPTIONOFOPERATIONSbelow ! N I A TWC34168i1 7/1/2014 7/1/2015 P7AT rE ORiH- EACH ACCIDENT $ 1,000,000 E.L. D#SEASE - EA EMPLOYE $ 1,000,000 E.L,DISEASE-POLICYUMIT $ 1,000,000 A A Equipment Floater Leasd/Rented Equipment Pesticide/Herbicide CMPGA0000028167 CMPGA0000028167 4/1/2015 4/1/2015 4/1/2016 4/1/2016 Schedule On File 150,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks SchedoW, may be attached if more space is required) LaK I IFIL;A I It r1ULUtK GANL:tLLA I LUN City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton GA 30003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mike Breedlove CU 198E-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 24559902 CADENT CCDE: 3_3S,._ Ser. siva: 3 = ____ __, �, _ _ __ _ EXHIBIT "CV) CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit. the undersigned contractor verilics its compliance with O.C.G.A. �, 13-I(1 {)I. statim ly ahiniiativcthat the individual, Irrin, or corporation whiclr is clipped in the physical perfor mance of service." on behalf of the ('it% o1' Miltorf has rc.,isiercd kith_ i% authorised to use and tHl'S the Iedend work uuthori/witia program cunletlollll kltoN%11 w, 1'.-Verl11, ol- ally' stlb4c(lacill rephlevnlew pro rain, in accorditwx uidi ills , plICa17I provisions and deadlines established in U.C' 6; A. ; 13-10-91 Furthermore, the Undersigned contractor 11iII continue to use the federal work authorization program ill roughout the contract period and the undersigned contractor will conlrici for the ph%sicol perturnlance of services in satislaction of such contract only with subcontractors who Present an A-ida%it to the Loutmc(or k%kli the illfirrmaliorl required h% OA'.(i.A. § 13 -l0 -91(h). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as 1'01lows: eVerik Number U Date of Authorisation Ciibsoli Landscape Services. i.LC Name of Contractor 'Hittintas Byrd 1 louse 1_.and,cain Name of I'roicct Citv of Wiltou Name of'Public I-mployrr I hrreb� declare under pcilAty ol'perjur\ tliat fli tilre�iiirl_ is true andorrect. Fted on '' ' ?U I'► in W (state). si_naturr of Aist a 1/cd i lfliccr or Agent —7v;;�7y-*r Wov,f Printed Nalne and Title 61'Aulhoriicd 013icer or Agent MA3SCRIBIA),PD SWORN BEFORk ME -:ON TI IES Cllr: � U/�1' i)l� Tsl(�'I'AliY+1 IFI31.f� 1- • r' ExPMES ALdu. x0.1016 y� do fJBL%Gpv M\Conuttissi�f �.� R��t�y�`��, 1 1 �. I -A 1-1113 IT 11 1) 11 SUBCONTRACTOR AFFIDAVIT Proposal No: C 153001 Project Name: Milton Senjor Cenlel Project Location: Milton Senior Centel Milton Senior Center, Milton. GA Contact: Tony Gibson Contact Phone: 770.560.4248 Fax: Gibson Landscape Services, LLC 4200 Turner Road Jonesboro, GA. 30236 Phone: 400537 4201) Fax: 404.537.4201 www albfkonlandsCage.QM Bid No: M 1513002 Milton Senior Center 020615 PC0* Estimalor/Phone: Chris Dugan 404.537 4244 Architect: NONE Date of Plans: NONE Addendum Date: NONE Date of Proposal/Renison: 020615 Gibson LancSscope Services LLC. proposes to tufnish all tabor. materials tools, equipment to complete scope listed below for the above stated prosect according to plans dated as indicated above for specification secfians and addendum dared above by NONE for nneets NONE, PROLECT SUMMARY, lmtollalion and Planting of New frees We propose hereby to famish material and lobor-complefe in accordance wNh lifted specdcatlans for the sum of $11.967.05 Payment to be made as follows Net 30 Aufhaadahon All malnal A gurnonteeo to be as spatted All work ro kx campte+ed n a W f� manna• eccmdng Iq sinndatl pactnes Any d:eplgn oraeviomn nom ttte a1>aue 1p.crraRaa nrelvng Baha coak.ndl •,;bmyled as a wrrnlan tnang!-a•de; Ina curls oil become .n lnRO Chdrye a'+er ana atOre Ire eafynatf AH elQmenn d'1M ayreemenl pre contrtpQnl upon Ihi es, .GCK/enita aeloyf OeyOnd ave conhd the e sslm¢te Joel not nrlude mal -1 price rcr.ales_ w adddond labor Ona m..tO,O . hiCh ncay ix "e &d should urdateseen woole- ane o"irr the work nor states Author12ed Signature: T4irins: Nel 30 --bei eement warn ana} fire 3CC?[ v� vKiar Tn4 POAawng-Cape 1., nsldlOrlon MreC of and ipecrca'pns for prods h canshxted b'y Cr_S lLC as daWreea to rclude •he 1,11, -ng 6arrl allonl and L dtare for {Japer V d1y tnn_ All quoted Isms rated rclahe psaCV'leminf tlar.ge ana O.1— r Of motenai kG ache! mentynea location y61 ire a nCt a Imd.f rcfusw'e 41 other matenon. un7eff qm Wy menlonea r Ma quotahv Lmyout to, haloXgpe or Controls co,s-N ton nafaraes all field engneemg req„fed f. w -on, On!y Prom CuiWg Innen ana p 7- estaalifted by orken cor,,rr_ n -it commence from a Sva-grade ocknae'leaged to fog •1- . of eleyo radiated on Me conte.cron dpc.menn onee fw tom cancrefe/hantlscope mO o, londscdpa m apdrable ConweselhandscopQ.rdkf and ., aa+e. tic Cie fire gratlng faprlrlg. piocement fhftv+g of ndcoted ecpat:cn pan and saw cut control prb as ndcoted on a canp xTea at ndroled+i-O 10 auoyla.t. Plocemenl of rnatend only nscluaea spe..I ndetin4. pumpng t ndcated noon are d pere+'aale ear^ and nae. -s thngS la Iry . Syn water b NVfrenh. Lack o- eiceaa al orae land a.0 a the ON:Y MalOn why !bey e.pie, snrnb -.tend HStdfaRan a io elude Iron prey ffam ,1 whit n Olp..in, Ieled OmendmeM1h at lls ed amaunh -I, TO value sal ipl pace, tai I -011i nrg Sad n f.0.lan rcludet fren onto from 1 and tprfn@tl TO imAs 01 106 Sewing rdhdel the oppleatpn of Seea fertlee, and mulon of wamfroies and does not nclade any further sct pep or proo" w wo+emg unless l&Md sspaale4Y Seed mtn! Prov 8595 aai m4elaM CMteM11 m.rtaneO 1p at Isasf 30 pari Ip pfapM gQ1mn.!an. Wa!tlr a Nor rchcded �nlen spaGtCdlf-eneaned tG raid ducatan Seed / Nor sad_ flee nttpaalan rtcfydal lei amenanent tlaAny t staled and a aM'ffre wafey.y h Mfpng 41 dT a9alion bagf anlY t ndCoted- Anv ana dl gptp bqg. .fed PO !p roman M+e pOperttr al OLS lLC unlet[ letea On the faecfcotcm one w purchmsd by the owns+ Aulaxn.nc rreaha. Syslem a.at¢ - n6,dtf of s,7up-ant labor and tupoles needed to .parole loom horn p uvged m Itlf Ona pawn source_ 9Qevey , lend -paofely Al unh may be.. lo&,ed a reference Ile- of tbape ah the Cufrint Mape a bN -n NOT ntdfch+e .f .n,arhes a1temply d inch X,.- ktpno dome pacing that can nae f.WT--C1 -0 IX ceded n pat Of n whda r rufure -gem Oulan Rhet —NOT defrng Ientl al me popoad. La, do...n onee d+o be n•oydetl oY ovrn.n tar stdyrq. ho}tlrq ana delNen nF m.teraafa atria. ,d W d pn g —iVdes ONE mableaton »AR PA qn Af hamcwe m 1t 1 a lobe Odied oc-ung In ANSI, ACL ICP, Sla oods.nd wdronteO fa• rhe aeltpQ a? I yea tram rhe .ate N i,,C&onbe 14 l air sAUCIVtdly wand an¢ daft rad' elude coi relc treml tic Dietl wen cOrc•e}e airy c! tlOne. Nahwdk OCCuMIy c0:-efiC G rNn aackk ane 0 pat! Of m! �aRrg pOCef1 fIX a:.ntMle dna ane npl IC ae LMSCered a waRanlY item All plant -Drawl leled above shall bA :elected Prom lieenwd grawen oils te•fi'ad nursery s1a¢k rhe Cone¢cfal st1d1 select oral, heathy •Ipwcnn -aleph. hoe of ❑e.f and deeau AA pl.nf -atonal shdl be fagged"cerH'�d nursery stock-. grct net pe cGNeGrea molerW the Canlrocran s NO!hCuesrt{r snail hepecl op •Oar odor, con}anM ¢rad hegnn b +.ldltt notice •a cdnfpr-dor to mQ see Nmdaas kef tory, h'AMfeN'.1sN iANpAIEa FC75! NaRSEPy STfjCif-, All p4pt} maferid y a�aonlasa ran ant lull cep dyarnst jnprapQr rykeapa/tr{ U direclN! matehN. anovded poaen .:are pf0[b.urQS are Fp}I.wM oro rtonsdanitrn -¢told wp ae gvan.nleetl QeplOCemtlnit are ontY once There ikna a.lended wananry on renlOcemenh, GLS LLC a not resoonkble rat fou. dam.yek rive 1. -11 of Gotl. -01 mdlcava acts or any neglgeni act bftl r" me ConnOl Of G,S LLC- l- a overwat.ng ynderwafwho. f•esae d.maye_ iantnng, drought yandel'err Inns of pow. 1. hg.h.n no mgoren. t.l. Ad lranawork -11 hove a .—ea w 1-onshc wa tv only stluOv.el crocks will ot, reoamd warranty mlt, r or Mplaeemenh wit nor be mode vnN bairacce a pla[l n full ]elnouenr opyment �OAY m� and d1 W Ononfq. y,_f P?ANCt Of APOPOSAL'he aeiow above rtc ,n Aid prices, tpecicofom a..p. arch cand,t n are wlsfocton, ontl ore hereby accepted. TO. ae.urhd•ced 1. do Ione work spatted. Pownent IT ae rnode 7 ...ene.­ l Vndenfand fhaf I T -At 3 do, from the dale .91.d to cancel lhs cpn4a_s. I wil be •aspornEle t?• d1 mareraai lddd• resources. dad dny and aH expense+ eared by Glia- Lanwscape aeNCea. LCC f the ^OnAacf . carrceiiwd affel 3 OW 1 andertfand that as -lift el and labor h gs,o.ont4e¢ IN a awod of ane +ria tf.m the hale Of H1ldoliar, and I uhJv,,1dnd tnA, Oram c.ndean. and fea++a of Mie.7n ant exclude or Ioases a .-mages tlw to x h o1 wd. cmmalmdeevt bat of trgatan 0•n401rj­T oc h beynrd }M c.nlrai Of GLS, LLC ErCWS10u5 lfl Lf555PPCIFIEn'. Sie'ddnp M= Co""; -r control demoleon rack lblaslng a valk-depOlda 1.rA-­.l.11.11 wOfk resole. 1. a 411bie sol condeonsarkaf.r lrefes!blalor o1 dA,l_feo sub,ocW -d by ulnen of -1, .f Ga.. Fermns. ir- ac•ens o'.d laying, Roq.nen .- Rome C_t C1c te..+oa _ utlti s rct.dng w¢fer ana town ah¢ d ddo d. Shue Nod looking, Io- Oe walk. and a 9det MPP pod,. !lames. cubs and rghn pole fomes_ anhn spectcdty refabnced belbw Pe•cmlvd ld�dwaoe canc Watering of pla»I - wiol, Wain-anoge-nt Iktd t—ce wananry of r-rol-re r planf mato.". Oewotemg_ ..Wlpoorny damp-prootng font aedanb cauakng 6 mm!ics Centrale stearal. semen and hmaeneh unless spncicaIN fkl r -d below. 5l, -Q w rQ-yto.ng d molal of pecast decks, 4 -Ing blanket enc. for nclemenl weather temporary woe bracng Mokofly mattxry paving •enleaeemrnf tie cahamni Ona fro beams U4►y and s sle won coif vefe lsifOtCled �h Inr.pfs, loos, valve rags amen v.cAed Fvm Shag or emdeddea IrNctvrhl er boif, n melds r.vndar on and or,.nder, slab drams Protection and toot clean" of ofe,outly Lornoeled wort, Aerkarr,, c and P0y 1l Bona :PK:l;x: PROJECT FgcwNom. Signature: Virltrre». Date 'wG:S:..:✓•.pr-^`e+nce':e.-e .ten. y.k1<rya.�s �nH e. c - ..r.a.s.d'..,�nec•'e.e..�rvaaaa .Fen r-:rn,�y.c.,ru-.rrrtl�e.. m.voe nt�•�we bawr.kp a. aerxlo m�fanderc�.irwre r.,s.s Deer rack.cies neon prr.•h Dasa wwcm .nnSBo'sonanamo el cit inR+.cme..r�,c aq�ni .: -- .•M1.Lne.rr.Immef caV.an,.n'w.:nneab, «s w•cY::os.vr•ta's+scap.Ler.r..��iuz5ndr,LxmM.a,.s rnbr•ve•].rr.Gwv,a �a�nracra ana +rrnlac�ehpraYr nenbss ��sm tlomv mtr6 kern "edQe�- �r.�:�'.4oi'w�anneaYre•e-e of mrie noemrbtlr'erMar � c'�9Ye._IGo"roct... s'eseeafa.el�.ley.lca�RSM er coMcn onv WYV.nn�cnfnwnea�wnf ix+au�ta l•o nw•�•.T i. py+•e•nW WrCanhaG'm naps �n'.r.•.trM au w+,rvq,e-eal xa•,�'M•na.•a�.�••st•ee•n-v.»•.a+�t. n�Rva..Or»c+maa so n..ranYro,[oaw�•��J�rYn.arnv al•e_ea':rl ronn[eal ncf'. oehaRn[YMavr!a ci::Ca •,}.. t at 2 �fln 2 2 5 1 1 3 3 2 3 3 30 30 4 45 32 Installation Detail &Specifications Sue Descdotion Trus Salix mofsudana'Torluaosa' 3' Acer saccharum legocy 3" Prunus yedoensis 5' Betulo nigra SUB: FOX VALLEY 8' Magnolia grandilora'Liti€e Gem' 8 Cypress caroino'Carlania Sapphire' B Magnolia stellate 2" Ceras canadensis'Ris ng Svn' 5 Vaccinum art3areum 1 -5- Cornus ilorida'White' 1.5" Cornus flonda'Rrk 3' Nysso Sytvatica 4" Ulmus americono'Princeton 3" Clodastm kentukea ti Crytnmena japonica Misceflaneaus bags Tree Save ea Tree Slaking Cy Soil Amendmenls bales Pine Straw ea Gar or Bags bid Num4e.: M f 5r3PC2 Millan Seniar Center tl236i 5 PCO Nvmbw Protect Name: Muton Sonbr Center Grand Total 11,967.85 ME ATLANTA4 TKEP- SE-'xvicE, INC. 4979 Hiahwav 9 N Alpharetta GA 30004 770-497-1941 Fax: 770-751-6067 PROPOSAL Job Name: City of Wilton 150203KLQ Date: 2!3!2015 Work Site: Thomas Byrd House 15690 Hopewell Road Mark Law Alpharetta GA 30004 City of Milton Phone 678-242-2552 13000 Deerfield Parkway Phone 678-300-7706 Alpharetta, GA 30004 Proposal By: Peter Bond Plant Service Description Cost Trees Planting $1806965 Painting of listed trees provided by Mark Law. The quote includes: the purchase, delivery and installation of trees. Planting soil, irrigation bags (as needed), and one year warranty to be included. Total: By signing this proposal you agree to our Terms and Conditions. Customer Signature Date All normal work operations to be performed according to ANSI A300 standards $18 069 65 Mark Law From: Michael Ternes <premiertree.mternes@yahoo.com> Sent: Wednesday, February 04, 2015 11:06 AM To: Mark Law Subject: Re: REQUEST FOR QUOTE Mr. Law, We were able to find most of the trees on your list with a couple exceptions. Below is our quote to purchase these trees, plant them, water them, warranty them for a year with soil amendments and gator bags, The size / variety that we would actually be providing is noted on each. tv Tree Size Total Price 1 SALIX MATSUDANA 1.5" 300.00 ] LEGACY SUGAR MAPLE " b550.00 1 YOSHINO CHERRY 450.00 LITTLE KING RIVER BIRCH -6' S1,300.00 AG. LITTLE GEM -10' 1,100.00 CAROLINA SAPPHIRE 31 1,900.00 1 STAR MAGNOLIA b600.00 1 RISING SUN REDBUD $600.00 Ilex Verticillata 1,000.00 HITE DOGW CHEROKEE RINCESS 1.511 $700.00 3 INK DOGWOOD S900.00 LACK GUMS : STRT SPECIES 3" 1,500.00 1 BLACK GUM: GREEN GABLES 1.75" 450.00 1 AMERICAN PRINCETON ELM 750.00 3 CRYPTOMERIA -7 $1,100.00 1 YELLOWWOOD 800.00 TOTAL 14,000.00 Thank You, Michael Ternes Premier Tree & Shrub Care 770 -267 -TREE Office 770-267-8711 Fax This transmission from Premier Tree & Shrub Care LLC., Inc. is confidential and solely for the use of the intended recipient. If you have received this email in error, please notify the sender and delete and destroy the original transmission and all copies. Our company accepts no liability for the contents of this email, or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently HOME OF ' F5TARL1SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Work on the City Hall Site. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. ( YES O NO CITY ATTORNEY REVIEW REQUIRED: YES {) NO APPROVAL BY CITY ATTORNEY jj(} APPROVED O NOT APPROVED PLACED ON AGENDA FOR: d S �`� f J REMARKS 11 1 91.,* YouQ - PHONE: 578.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 Green' WILDLIR Community Cary of � Ethics ME To: Honorable Mayor and City Council Members From: Carter Lucas, Public Works Director Date: Submitted on May 13, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. to Provide Professional Geotechnical Engineering Services for the Design of the Milton City Hall Facility ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2013 Universal Engineering Sciences performed the initial exploratory boring on the city hall site. As the site plan has developed, additional site specific borings are required in the area of the building footprint and the underground detention system. This contract is to provide the additional borings and geotechnical information as required by the design team. Funding and Fiscal Impact: Funding for this project is available in the Capital Bond Fund issued for this project. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 5/4/2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOME OPTHEBEST DUALITY OF LIFE IN GEORGIA' Ni I LTON*t ESIMLISFIED 2006 PROFESSIONAL SERVICES AGREEMENT CITY HALL GEOTECHNICAL STUDIES 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 107F, Milton GA 30004 and Universal Engineering Sciences, Inc. ("Consultant") having its principle place of business at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services beginning on May 8, 2015 and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all Services specified in Exhibit "A", attached hereto and incorporated herein by reference. 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. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $6,950 (the "Contract Price") for the work described in Exhibit "A." The city may elect to execute and additional task order for a site specific seismic study, the fee for this work shall not exceed an additional $3,500. The consultant shall not proceed with the seismic study without written authorization from the City. 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any 2 way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on 3 the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) 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: 2 Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall be from the issuance of a Notice to Proceed 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 Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to December 31, 2016. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 5 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices 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 C City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Universal Engineering Sciences, Inc. 3040 Business Park Drive, Suite F Norcross, Georgia 30071 Attn: Tom Tye, PE 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits `B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 `B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the 7 subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. N. 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. SIGNED. SEALED, AND DELIVERED In the presence of Witnes (Corporate Secretary should attest) Print Name o'tafy Public [NOTARY SEAL] My Commission Expires: Universal Engineering S •ences, Inc. Signature Print Name Title [AFFIX CORPORATE SEAL] �$0'' --*.Cl I -10 F*LORti�P��`��� UNC AK.TUTjE 201 213852 Commission # Fxpires July 29, �t9 %',� Pq"o` pAnaeO Ttru Troy Fain insurarx MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: 6 EXHIBIT "A" SCOPE OF WORK rrIUNIVERSAL tuENGINEERING SCIENCES Consultants In: Geotechnical Engineering • Environmental Sciences Geophysical Services • Construction Materials Testing • Threshold Inspection Building inspection • Plan Review • Building Code Administration April 30, 2015 City of Milton 13000 Deerfield Parkway Milton, Georgia 30004 Attention: Mr. Carter Lucas, P.E. Reference: Proposal for a Geotechnical Subsurface Exploration And Geotechnical Engineering Services Milton City Hall - Milton, Georgia UES Proposal No. 1630.0415.00021 Dear Mr. Lucas: LOCATIONS: • Atlanta • Daytona Beach • Fort Myers • Fort Pierce • Gainesville • Jacksonville • Kissimmee • Leesburg • Miami • Ocala • Orlando (Headquarters) • Palm Coast • Panama City • Pensacola • Rockledge • Sarasota • Tampa • West Palm Beach Universal Engineering Sciences appreciates the opportunity to submit this proposal for performance of a geotechnical exploration for the referenced project. The primary purpose of the geotechnical study is to obtain subsurface data to allow us to formulate geotechnical conclusions and recommendations for the proposed Milton City Hall. The following sections briefly describe our understanding of the project, our recommended exploration procedures, and the estimated lump sum fee for our services. PROJECT INFORMATION Our understanding of the project is based on your email request for Geotechnical Testing Services dated April 23, 2015, the Geotechnical Report Criteria by Uzun+Case dated 4/22/2015, the proposed boring plan provided by you, a Topographic Survey Plans dated 12/20/2013, our previous subsurface exploration dated 10/28/13, and our brief discussions with your. We understand that the new Milton City Hall will be placed on a site with an existing detention pond to be backfilled (about 18 feet) with an underground detention structure to the west. A second building is planned for the area to the north of the City Hall Building. We note that the west portion of the detention pond is filled with water. The foundation loads were provided by Mr. George Briglevich, P.E. of Uzun+Case as the following: Interior Columns: 315 kips (225k dead load, 90k live load) Exterior Columns: 150 kips (110k dead load, 40k live load) Walls: 1 kip/foot SUBSURFACE EXPLORATION PROCEDURES We propose to provide thirteen (13) soil test borings with at least 9 within the proposed building footprints as requested. The soil test borings will be extended to depths ranging from 25 to 50 3040 Business Park Drive, Suite F -1 Norcross, Georgia 30071 ❑ (770) 242-6438 E Fax (770) 242-6980 www.UniversalEngineering.com Milton City Hall Milton, Georgia UES Proposal No. 1630.1415.00021 April 30, 2015 feet. A total drilling footage of 320 feet is anticipated. Standard penetration tests will be performed to determine the support characteristics of the underlying soils. Undisturbed samples (3) will be taken for laboratory consolidation testing. We propose to provide at least three (3) grain size and Atterberg limits tests on representative samples from the site. Two consolidation tests will be performed on two of the undisturbed samples to provide settlement calculations. Upon completion of the exploration, each soil sample will be visually examined and classified in our laboratory by a geologist or geotechnical engineer. We will evaluate the data obtained, as well as any available previous site data, and prepare a written report of the findings along with our conclusions and recommendations. The report will be prepared under the supervision of a registered professional engineer specializing in geotechnical engineering. The report will include the following: 1. A brief review of our test procedures and the results of all testing conducted. 2. A review of area and site geological conditions and geologic hazards 3. A review of subsurface soil stratigraphy with pertinent available physical properties including exploration for the presence of potentially expansive, deleterious, chemically active or corrosive materials. 4. Anticipation and management of groundwater. Recommendations regarding the management of groundwater both during construction and afterwards. 5. Recommended general design and construction criteria for the project foundations and slabs. 6. Estimate of foundation and slab performance based on available data. 7. Foundation recommendations for the support of columns, walls, and slabs including anticipated settlements. 8. Recommendations for site preparation and construction of compacted fills. 9. Recommended pavement thickness and materials requirements. 10. Foundation lateral capacities. Recommended lateral earth pressure coefficients for use in the design of retaining walls/basement walls. 11. Slope Stability Analysis. 12. Evaluation of site specific seismic assessments and seismic accelerations. 13. Provide services meeting the requirements of Section 1803.5.12 of the International Building Code, 2012 edition. Page 2 Milton City Hall UES Proposal No. 1630.1415.00021 Milton, Georgia April 30, 2015 ESTIMATED BUDGET We will perform the previously described services for the following estimated lump sum amounts: • Field Exploration and Testing - 320 feet of drilling, undisturbed samples $3,895 • Laboratory Testing; including grain size analysis, Atterberg limits, consolidation $ 960 • Engineering Evaluation and Reporting $2,095 Lump Sum Total $6,950 As an alternative to the average standard penetration method of seismic site classification (ASCE 7-10), we can provide the Seismic Site Classification by the shear wave velocity method for $2,300. A Site -Specific Seismic Study and Geotechnical Engineering Evaluation, if required, can be provided for an additional $1,200. We will not exceed any preauthorized budget amount without your prior review and authorization to do so. Should unusual conditions be encountered which may warrant expansion of the exploration, this will be discussed with you prior to any work being performed outside our approved scope of services. SITE ACCESS/ UTILITIES It appears that the western portion of the existing pond will need to be drained to access the area for 3 of the soil test borings requested. We request that the client provide for right -of -entry for our drilling equipment and personnel to the site in order for the exploration to be performed. It should also be noted that, in the normal course of work, some damage to the site may occur. The correction of such damage is not part of the contractual agreement. It is very important, however, that we be notified of any underground utilities that may exist at the site so that they are not damaged or their service interfered with during the course of our work. We will contact the Utilities Protection Center (UPC) at least 72 hours before mobilizing to the site. While we will take precautions to avoid underground utilities, our firm cannot be held responsible for damage where utilities which have not been located for us or have been mislocated by others. CLOSURE We appreciate the opportunity to provide this proposal for this geotechnical exploration. We are prepared to begin this study as soon as possible based on your written authorization to proceed. The overall study will require about two to three weeks to complete. If you have any questions or comments about this proposal, please contact the undersigned. Sincerely, Universqj Engineering Sciences homas A. Tye, P.E. Branch Manager Document No. 1224084 Page 3 EXHIBIT "B" 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: q- ?9(0t) eVerify Number D12-�) eQ- of Authorization Universal Engineering Sciences, Inc. Name of Contractor City Hall Geotechnical 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 201in /,,zity), C A (state). !s. tgnature of Autho ed Officer or Agent Printed Name anditl�f e of Authorized Officer or Agent SUBSCRIBED) AND SWORN BEFORE ME ON T„H S THE �D DAY OF P N. ARY PUBLIC Q •. �'j. s`z l [NOTARY SEAL] `'+�.t' 0 _ x ; .N Z ; CIC p',, C+'���r�i2a.e EXHIBIT "C" 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 Universal Engineering Sciences, 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 City Hall Geotechnical 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: 0 HOME OF ' FSTARZIS] I ECJ 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.063 AC of Right of Way and 0.088 AC of Construction and Maintenance Easement at 12775 Birmingham Highway from Fulton County Board of Education for a Combined Purchase Price of $55,500. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED O NOT APPROVED .QATTORNEY APPROVAL REQUIRED: �j YES O NO -04 f ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY.0 ATTORNEY VAPPROVED ( NOT APPROVED PLACED ON AGENDA FOR: 5 J S REMARKS Y4 ©'*you *** PHONE: 678.242.25001 FAX: 678.242.2499 Dire -en *Crrtscd* info@cityofmilfonga.us I www.cifyofmiltonga.us ti+�I�F, Community I� E�h14 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 May 6, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.063 AC of Right of Way and 0.088 AC of Construction and Maintenance Easement at 12775 Birmingham Highway from Fulton County Board of Education for a Combined Purchase Price of $55,500 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.063 AC of right of way and 0.088 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 16 AGREEMENTTOPURCHASEREALESTATE Project: CSH PP -0007-00(313) Parcel:16 Tax Parcel ID#: 22 416010990887 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1 .00), receipt whereof being acknowledged , the undersigned grants to Qrt 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 1099 and 1134 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 . $55,500.00 For the sum of$ &2 1&00.00 , the undersigned agrees to execute and deliver to C ity 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 for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. ~.063 Acres of Right of Way _0.00_ Linear Feet of Limited Access MOO 0.088 Acres of Permanent Construction and Maintenance Easement _0.000_ Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) n1e 1,JAdersi9Aed shall obtaiA all q"'it claim deeds or releases from any tenaAt now iA possessioA aAd aAy other parties ha•JiAg a claim or iAter=est 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 claims and demands of all persons whomsoever. 7) Special ProvisioAs, if aAy, are listed oA exhibit "B", which is attached hereto and iAcorporated horeiA by reference. Witness my hand and seal this / j-day of (\;{4 "?--0 P __________________ (Seal) Notary Public Notary Publ' , Clayton County, GA Approved-City of Milton Property owners AddreM¥. Commission Expires Mav 11 , 2017 fuli§>p~~i:f AJn)J Mtanl«j @jl13o.m i -. ~ ~ ~ ~ ~ ~ ~ . a ~ ~ ~ • • • • • ~ • ~ ~ o ~ ij 3¥ ~~8•8o&~8d8•&os~~~sos~s~a~a~~ ~ ~= ~~~~~~~~~~~~~~~~~~~~i~~£~~~~~~~ Q c c c « « « « « « « « « « ~ ·= ; ~t ~~8~8~8t~~288~~8~~=~8~8~8 ~8 ~~~~ ~a ~~~g~g~~~,t~t·~~~~~~~~~=~~~~~:~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ § ~ ~ ~ ~~2 ~ ' ~ ~ Q Q ~ Q Q Q ~ I!! I!! I!! ~ ~ ~~~ : ~ -. . . . ~ ~ ~ ~ ~u :t~;~8o8 ~8o8~8~8 •8~~~~ ~~,~~~~~~~~~~~~~~~~~~~~~~~~ 't « ~ ~ « « « ~ « « «~~~ ~~:~•~s;~ss~~~~s~s~s~~~~~a, ~Q ·~~~i~~ZEZ~~~~g~~~~~~~~~: JU/1015 lt1•l-.nU•tl1 ·.· ~ ~ ~ 5;( ~ ~ ~ e ~ l'lfll'CllTr MO UISTl#G Rlf tlllE 11£1111111£0 tvr Lill( COllSTlf!CrtOI LIMITS EAfj,'f,fr{i,Ofi,g»'Jf~LOl't:S ;,,. EASiltf#T FOR COKSTR OF SLOPfS EASEJIEKT FOR COHSTR OF CWlrES EASiltfNT FOR CONSTR OF ORA/Ml(,£ , 1-:.< ,.: \ \Ul°"""'fel \IHtd ~II Jee I 1 \I rlllll'INJ\11•11H' /ti ltl\11 .,1 ... \a\0()01 JI J-"'·O'O. <,. -.. CONCRt (£ FLUME COST TO 8£ I NCl. IN COST FOR SP/ llWAY FVL70H C~~~i:Jm~lOUC~TU.W SEE SHECT t< EXIST. PIPES ANO OllAIN. STRUCTURES TO RfMAIN ·tH'I ""' l ENO CONSTRVCTION STA ll7•tJ. 00 ~ ;;; 0 CONSt C SR )1Z/BIRMl#GHAI/ /lfY f ' ' .,. ' ' ' '" .,. SIAT( 011 COORDINATES STA Jl6•00, 00 • N 1488195. 5981 E 22 41299. 6101 STA JtT'fXJ. 00 -N H88895. 5861 E 2244298. 1028 -~·~ ... WCf IO. ,,,_.. WJtS IS H .-- -=- 0 0 0 0 ~o . ri<"' ----"~----·--r-·-----·---------·--·-- 0'1£ oc"ISl""S DATE /1['(15/0llS STATE OF GEORGIA :Kit1i:~<:5'f9'.l!t roo:~Y~H-t;:;;;u~~,l(f~w~·o•.Q'r.o~•"'•~!~m",, ... ~H~.~ltllJ;n;:Ulfw;;l!miiifiTllCliinT1-t---t---'-----------1--~1JE.~P~Al!~i~MR~c~~~~::~r~~~~~w~~~r~RT~~~~~O~H-----I i-:c..._ __ _c_ ___________ --1 ~Y-l/-ll-ll":'=~"'''.u"'""'!":"'r"':'"'."''~"''~"'°'"'.Ulf"'AlJMV"'l''-'.au"""s//D.111 ... z.:llC,__=,,,11.1.,ll.,__+---+----------------lPROIEC/ I/lo CSHPP·OOIU-00/J{jl l-"=-1=="'-'========----+---+----------------1f:fioT ~~~TON 1"4.ltm.llll·llJ6.llll/170 Stant e c 1---+--------------+---1---------------i1.,o 01sTR1cT, z f---l--------------t---f------------lg~%21:?0H Sit lJ6 OF J48 SCALE IN FEET 0 ;; 40 BO I / /' .,~/ ~I ~/ ~· o/ I I PM II 11£.0"0 Rll 111ACT I l'Nl II £SllT TRAC T I l'lrJP£/lrY AID WSTll/G M L/11£ RCOUIRCO fVW U#{ COWS TRllCTIO# UM/TS EAS£ME#T FOR COKSTR l MAl#T£1A'ICE ()f SLlffS £AS£11£1T roll CMSTR ()f SLOP£S £ASlJlfJIT f(lll COKST11 OF DRIVES CASEllE#T F(lll COKSTR Of /)f/Al#~E ,,,,.. ', 0 • 1·w51,2· IRTI 0 • ('56' JZ. 56 • T • m. 26. ( • J9J. 91' £. 6.70' R • 2900. 00' Pl Sh• J01•08. 86 I • 1481905. SJ E • 2244254. SJ ~ · "I A PM II ESllT TRACT Z 0 /If.ART Of" CRABAPPI £.UC ?Z 4161 /IJ4004 SE£ SHf£T II -----./!----·· BECI# U MIT OF N:CCSS ............ 8(A £ND U M/T Of ACCESS .............. f(A --C---'-· UMIT Df ACCESS -----IZZZZJ 11£0'0 Ml ~ ttMIT Of N:CCSS ~ ~ 0 $CAL£ IN FEET ;;; £ \\USICDS-fOl1.Ja•r.,_,o/u11\lfUOl04J\11 ~,.,,,,, .. w, ... 1llf\D\OCWJfJ.U.00t.• .., .. 0l 2/~a:l8m1~~3s1 SlE SHlH IJ SlE PLAT llJIJI. ~W' Pl/',£. 12 o CA ~ -~- Curre• IZ o • 5•51•20. 4• llTI 0 • r 54 • JS. W T • 156. 06. l • Jll. 84' £ • 4. 06' R • JOOO. 00' Pl SI•· JIZ•11. 95 # • I 4118461. JI £ • 2Z44JIU. 56 ~ Lt:.....•..:l::..IA::_ ___ -J § " ~ \;( ~· N00'51'50'W ~ PM 14 (JI CSll1 TRACT I ~ OA'E "'VISIONS STATE OF GEORGIA M·•-mnlm[""T"~P~~N-_'-.-__ t-w'w-'t.~;-;;:;n;;;-.:;;.-;;;m<;-;-;;;;;;o.;;:;-;;;;;;;;;-;;;;:;-.---t-;;;;;;.-lr..t;MiY~'iimiiVrl7roiriw:r;----l-~~~PM~i~~~*~'~or~~~RM~SPO~RT~A~TI~~:__ __ ~ l~~!Jb.,..~U~-L-~b-~lF-~-=t~IO/~J/!~4j~'-~'z~,lf~r~·o~/f~OLl·o~·~liNCl~l~l~t[AllllJ~Ll(Al{~(~f~ll~!lMTra!lllCM!T~l j~lll~l~/ltlj~'"~'~l·1ID'f!:!D~ll!~~D·~r1JC~r~11~Clll~r~1JC~Tt'=====l RIGHT Of WAY llAP -HR/l,lfJ'D{lllTIJCllllOIJ(llTTlllCILNlllllfJllLltlLI Jlllll HRruv·o/ll'O•UOlllTTOllllA!LS PROJECT 10. CSHPP ·0001 -00 IJ/JI l'lllldfr'Olll'D•AllClll. llll ll(ll/TIJCfl. COIJITY FU(TO# ~ S t , ---1~11X0~111.,.,,,1,_,lll~lll'-!TRKT""'~t~m~1-'!1Ar~i..llXO~c.t,,ll!"-"mlllf~W£S"'-"~---+------________ _,LAND LOT 10, 1a 1rm.11.11-1116.11e.1110 \./I tan ec ... l/M/l,l(l'Ollf'B•llOlSllilllllUllllf •l(//l/ISlll•tllfL ________ __,l A#O OISTR ICT , z 1---1"',"'111.:;11,_, "'m=o;.=c~wc;.LJlftl"=~-~,~,~t."lfr"""·1"""·sr='1'°'9W~"'~'"'· ~""t---+---------------l':Jozlz0 1 4 SH JJJ or J4a PRO HOME OF'THFBFS� MitTON* ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of a Change Order between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Rd/Birmingham Hwy) Intersection Improvement Right of Way Services. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kIAPPROVED CITY ATTORNEY APPROVAL REQUIRED: WYES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: 0 5 18 149- REMARKS S REMARKS () NOT APPROVED () NO () NO VED ® You PHONE: 578.242.25001 FAX: 678.242.2499 ''J' *Cerrits�d* roPioo ��En * t:iLY„r info@cityofmiltonga.us i www.cityofmiltonga.us ���� Community �Eihics 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 May 6, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Change Order between the City of Milton and BM&K, P.C. to Provide SR 372 (Crabapple Rd/Birmingham Hwy) Intersection Improvement Right of Way Services ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In accordance with the City procurement procedures an invitation to bid was issued to secure a GDOT prequalified consultant for the project. The City received 5 bids on the project and BM&K, P.C. was determined to be the lowest reliable bidder. The bid was for unit prices with estimated quantities. This change order is to provide additional right of way and easement acquisition services that have been required by GDOT for intersection improvements at SR 372 (Crabapple Rd/Birmingham Hwy). The right of way services must all be approved by GDOT in order for the land acquired to be eligible for reimbursement. The additional unit price items required by GDOT include updates to appraisals, relocation, preacquisition revisions, and condemnations. These tasks are required in conjunction with the use of federal funds on this project and will be in accordance with GDOT policy and procedures. Funding and Fiscal Impact: The budget for this work will be from Capital Grant Fund. This task is not reimbursable but the land acquisition costs for the purchase of right of way and easements will be reimbursable for these projects. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (4-6-15) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Change Order HOME OF THE BEST QUALITY OF LIFE IN GEORGIA' 1V4 I LTON% ESTABLISHED 2006 CHANGE ORDER #3 FOR PROFESSIONAL SERVICES AGREEMENT SR 372 (CRABAPPLE RD/BIRMINGHAM HWY) INTERSECTION IMPROVEMENTS RIGHT OF WAY SERVICES WHEREAS, the City of Milton, Georgia and BM&K, P.C, have entered into a Professional Services Agreement (the "Agreement") dated March 18, 2013, incorporated herein by reference, for right of way services for intersection improvements for SR 372 (Crabapple Rd/Birmingham Hwy); and WHEREAS, the parties desire to issue a change order pursuant to Section 9.0 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 2.0 "Contract Price" in the Agreement is increased to $174,700 2. Exhibit A to the Agreement is amended by adding the following description of services: Aparaisals• Due to plan changes, GDOT is requiring that certain parcels be updated: • Parcel 22 requires an update to the 2 appraisals and a cost to cure • Parcels 5 and 18 appraisal updates Is Parcels 21A and 22B require an appraisal • Parcel 2 requires backup report Relocation Fees It was determined that one structure on the project will be removed and the owner has a tenant renting the home. The following fees are required as part of the relocation: • Relocation interview • Relocation study/package to tenant • Relocation study/package to owner Pre -Acquisition Fees These fees are for plan revisions, coordinating with appraisers and reviewer, and additional meetings during the acquisition. Condemnations These fees are for the services required as part of the. potential condemnations identified on this project. PHONE: 678.242.2500 � FAX: 678.242.2499 �( F�iwulo Green � ��Tttvl aBd info@cityofmlltonga.usIwww.cityofmiltonga.us xwa Community Erhics I 13000 Deerfield Parkway, Suite 107 Milton GA 30004 ' CERTIFIED BRONZE 2 ( BM&K Professional Services Agreement 3. Exhibit B to the Agreement is amended by adding the following per parcel services to the fee schedule: of Way Services Estimated Parcels Per Parcel Fee Estimated Total -Right -Appraisals 21A&22B 1 $ 1,000.00 $ 1,000.00 -Parcel Parcel 22 Update 2 $ 27500.00 $ 55000.00 Parcel 22 CTC Update 1 $ 1,000.00 $ 1,000.00 Parcel 5 & 18 Update 2 $ 650.00 $ 1,300.00 Parcel 2 Backup 1 $ 1,200.00 $ 1,200.00 Relocation Study 1 $ 250.00 $ 250.00 Relocation Plcg Tenant 1 $ 1,200.00 $ 1,200.00 Relocation Pkg Owner 1 $ 600.00 $ 600.00 Relocation Coordination 1 $ 500.00 $ 500.00 Negotiations Relocation Offer Tenant 1 $ 1,100.00 $ 1,100.00 Relocation Offer Owner 1 $ 15000.00 $ 11000.00 Pre-acquisition Fees Pre -Acquisition Revisions 1 $ 21500.00 $ 25500.00 Condemnations A cal 6 $ 1,000.00 $ 6,000.00 Coordination 6 $ 200.00 $ 13200.00 Petition Preparation 40 hrs $ 50.001 hr $ 21000.00 Change Order Total $ 25,850.00 4. It is agreed by the parties hereto that all of the other teams and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WIFNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as ofthe day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 3 BM&K Professional Services Agreement B .C.: SIGNED, SEALED, AND DELIVERED in the presence of: Witness tary Public [NOTARY SEAL] My Commission Expires: By: Donald Clerici Its: President &Secretary [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Bartow Paving Company, Inc. for New Providence Road Stormwater Improvement Project. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. XYES O NO CITY ATTORNEY REVIEW REQUIRED: k YES () NO APPROVAL BY CITY ATTORNEY APPROVED {) NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS 91v Your PHONE: 678.242.25001 FAX: 678.242.2499 G re a n info@cityofmilfonga.us I www.cifyofmilfonga.us m Community i E�hf"��' 13000 Deerfield Parkway, Suite 107 1 Miltor GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on May 7, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Bartow Paving Company, Inc. for New Providence Road Stormwater Improvement Project ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Milton is the project sponsor for the intersection improvements at SR 372/Birmingham Hwy and Providence Rd/New Providence Rd. GDOT bid the project and is managing construction. The project was constructed as designed but there is a stormwater improvement project that the city needs to address outside the scope of the roundabout project. This improvement will be funded locally but it needs to occur before the roundabout project is complete. The only contractor that can work in the project limits is GDOT’s contractor for the roundabout. They have knowledge of the work in place and the modifications that need to be made. Funding and Fiscal Impact: Funding for this project is available in the Repair Major Stormwater Structures Capital account. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Paul Higbee (4/14/15) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Construction Services Agreement 1 CONSTRUCTION SERVICES AGREEMENT FOR NEW PROVIDENCE ROAD STORMWATER IMPROVEMENT PROJECT This Agreement (the “Agreement”) to provide stormwater 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”), BARTOW PAVING COMPANY, INC. (hereinafter referred to as the “Contractor”) having its principal place of business at 1055 Rowland Springs Road, Cartersville, GA 30121. W I T N E S S E T H: WHEREAS, Bartow Paving Company, Inc. is the Georgia Department of Transportation’s Contractor working on the SR 372/Birmingham Highway at Providence Road/New Providence Road Intersection Improvement project PI 0005448; and WHEREAS, Bartow Paving Company, Inc. is the sole contractor allowed to work in the project limits until final closeout by Georgia Department of Transportation, 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 (20 Pages); 2 B. Scope of Work/Bid Request (2 Pages), attached hereto as Exhibit “A”; C. Bid from Contractor dated March 27, 2015 (2 Pages), attached hereto as Exhibit “B”; D. Bonds, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”, F. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; G. Subcontractor Affidavit, attached hereto as Exhibit “F”; H. Plans and specifications, attached hereto collectively as Exhibit “G”, I. Final Affidavit, attached hereto as Exhibit “H”, J. 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 installation of a new storm drain pipe, drainage structures, filling and abandonment of an existing storm line and other associated work in accordance with the modification to PI 0005448 construction plans and scope of work. 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. 3 Section 4 Contract Time This Contract shall take effect on ___________. Contractor agrees to complete the Project within 30 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 $39,275.27 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. 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 4 Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the 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 5 of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the 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 Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. 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 6 executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. 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 7 The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative Curtis Bowman 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 8 the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to 9 the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured 10 retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. 11 (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. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made 12 insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “F”, which 13 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. _X__ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and 14 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. 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 15 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 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 16 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 right-of-way, in order for Contractor to complete the Work. B. City’s Representative Jim Seeba shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons 17 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 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. 18 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: Mr. Curtis Bowman, Bartow Paving Company Inc., PO Box 2045, Cartersville, GA 30120. F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 19 I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I 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 BARTOW 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: __________________ 21 EXHIBIT “A” SCOPE OF WORK/BID REQUEST 1 Sara Leaders From:Sara Leaders Sent:Monday, March 23, 2015 3:31 PM To:'Curtis Bowman' Subject:New Providence drainage Attachments:Document.pdf Curtis, We looked at a couple of different options but decided that we need to keep the New Providence crossing at structure D-5 to D-2. We can make some adjustments so that Str D-5 does not need to be replaced but just add an invert at the existing invert elev of the box. D-2 would need to be a new structure. Take a look at the attached sketches and see if either of these may work better. They both still cross New Prov at Str D-5 to D-2. Alt 1 adds 2 more strs to improve the angles. Alt 2 would require going under the guardrail. Sara Leaders, PE, LSIT Transportation Engineer 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 678-242-2559 (O) 678-794-2558 (C) www.cityofmiltonga.us Want to stay on top of what’s going on in the City? Sign up for our e-Newsletter! Have a problem, question, comment, complaint or compliment? We want to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at info@cityofmiltonga.us. Our Core Values Innovation | Quality | Integrity | Transparency | Respect | Fiscal Responsibility | Professional Development oa CD BOUNDARY, Rr7SOUR k, LLJ LTJ E EINE.RAIL Nk7-S 7� RESTRIC71tJot --- V-\C� /oe loqS :z C=) LY Z C) CD cn U Ln ME ZD + cN Ln LLJ < C C.) CIO L.Lj LLj CD 70 CD CD CD LJJ LTJ LLJ --- V-\C� /oe loqS :z C=) LY Z C) CD cn U Ln ME ZD + cN Ln LLJ < C C.) CIO L.Lj LLj CD 70 CD CD CD LJJ LTJ --- V-\C� /oe loqS :z C=) LY Z C) CD cn U Ln ME ZD + cN Ln LLJ < C C.) CIO L.Lj LLj CD 70 EXHIBIT “B” BID FROM CONTRACTOR t MCI No /J = / rri :" PO Box 2045 1 Cartersville, GA 30120-2951 1 www.bartowpaving.com info@bartowpaving.com I P: (770) 382-2025 1 F: (770)387-1309 VIA EMAIL TO, Sara. Leaders&it fyo miltonga.us Ms. Sara Leaders City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, Georgia 30004 May 1, 2015 Page 1 of 3 Milton, SR372 Drainage Project New Providence Road, Fulton County Bartow Paving Company, Inc_ (-Bartow") agrees to provide all labor materials, services, insurance and equipment required to properly execute and complete the paving work identified in this Proposal ('the Work'). Barton's Standard Terms and Conditions are an integral part of this Proposal and the Parties' Agreement, The Proposal including Standard Terms and Conditions, constitutes Bartow s offer to Purchaser Purchaser is deemed to accept this Proposal by signing and returning a copy or otherwise instructing Bartow to proceed with the Work. If other contract documents are required, this Proposal is made an exhibit thereto and forms an essential part of the Agreement between the parties. Full payment is due upon receipt of each invoice. If payment is not timely. Purchaser agrees to pay interest of 18% per annum (1'/a% per month) on all unpaid balances. If Bartow is required to file suit to collect payment, Purchaser agrees to venue in Bartow County, Georgia and payment of all expenses of litigation, including reasonable attorney's fees and interest. Description Quantity Unit Unit Price Amount 1 Traffic Control 100 LS 38,575 27 38,575.27 2 Remove and Replace Curb 3 Install 18 inch RCP Pipe 4 Rework Manholes, 2 EA 5 Core into Existing, 1 EA 6 Install New Junction Box, 1EA 7 Remove and Install Guardrail 8 Bond 1.00 LS 700,00 700.00 TOTAL 1 1 $39,275.271 THE ORIGINAL CONTRACT AGREEMENT MUST BE SIGNED AND RETURNED TO BARTOW PAVING COMPANY, INC. BEFORE ANY WORK WILL BE SCHEDULED. The following notes are an integral part of this agreement: 1. Proposal unit pricing is firm for work completed before May 15, 2015. 2. Bartow Paving Company, Inc. will not be responsible for any damage to underground utilities. 3. Testing, layout, staking and engineering are not included. 4. Above unit pricing is based upon 18" RCP Pipe and Manhole work being completed in one uninterrupted mobilization. 5. Above unit pricing is based all work being completed prior to asphalt paving work being done. 6. Bartow Paving Company, Inc. will not be responsible for unsuitable soils. No import/export of dirt material is included. 7. Deletion of any quoted items may affect the remaining unit prices. 8. The Proposal is valid for seven (7) days from the date indicated. Thereafter, it is subject to change without notice. Bartow shall have the right to withdraw its proposal at any time before formal acceptance by the Purchaser. Milton, SR372 Drainage Project New Providence Road, Fulton County EQUIPMENT RENTAL -1F NEEDED 1. Motorgrader with operator 2. Loader with operator 3. Dump Truck with operator 4. Roller with operator 5. Power Broom with operator 6. Water Truck with operator Respectfully submitted, BARTOW PAVING COMPANY, INC. Brian Bullock Sr. Estimator/Praject Manager $225.00 per hour $125.00 per hour $ 75.00 per hour $ 65.00 per hour $ 65.00 per hour $ 85.00 per hour M:4BPCJOBS1ProposalstMuniopaUO15UIton, SR372 Drainage Project Rev .do Acceptance of quotation, Signature Title Date May 1, 2015 Page 2 of 3 EXHIBIT “C” BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Bartow 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 thirty eight thousand five hundred seventy five dollars and twenty seven cents ($38,575.27), 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 New Providence Road Stormwater 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. Bartow 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 Bartow 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 thirty eight thousand five hundred seventy five dollars and twenty seven cents ($38,575.27), 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 New Providence Road Stormwater 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. Bartow 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) 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 Triscapes, 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: _________________________________ eVerify Number _________________________________ Date of Authorization Bartow Paving Company, Inc. Name of Contractor New Providence Road Stormwater Improvement Project 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 Bartow 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: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________ Name of Subcontractor New Providence Road Stormwater Improvement Project 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 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 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 comply with all stipulations contained in easements acquired by the Department.” Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY “The Contractor is responsible for the PROPERTY AND SERVICE 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 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.” Project Specifications 1.0 General Conditions a) The general scope of work will consist of the construction of approximately 300 LF of 18” RCP pipe with new flared end section in the City of Milton, Georgia. Associated with this work will be all clearing, grading, curb and gutter, storm drainage structures, other structures and other work as described and depicted in Exhibit A. b) One lane of traffic shall be open at all times. Lane closures shall be restricted to the hours of 9 am to 4 pm. c) Construction activity within 1,000 feet of an occupied residence will be allowed Mon.-Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. d) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. e) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. f) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. g) All work to be conducted within the right of way and/or construction and maintenance easements previously attained with project PI 0005448. Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. h) There shall be no changes made to the Scope of Work without prior approval from the City PWD. 2.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c) No changes shall be made in the Work except upon written approval and change order of the city. d) Products are generally specified by ASTM or other reference standard and/or by manufacturer’s name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Substitution of materials, items or equipment of equal or equivalent design shall be submitted to the architect or engineer for approval or disapproval. e) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. f) The contractor shall designate a foreman/superintendent who shall direct the work. 3.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide double row of Type C silt fence along the down slope side of all disturbed areas or as may be indicated on the construction documents. All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type “C”, for silt fence fabric. Type “A” silt fence fabric and construction may be allowed with prior written approval from the land development inspector or where specified on the construction documents. f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide matting, temporary and permanent seeding of all slope faces. i) Provide a minimum of ½ inch of mulching, temporary and permanent seeding of all other disturbed areas. j) Provide Storm Drain Outlet protection (St) per the Manual for Erosion and Sediment Control at stormwater system discharge points. 4.0 Earthwork a) The area within the typical grading section shall be cleared of all trees, brush, stumps, logs, grass roots, vegetable matter, poles, stubs, rubbish, refuse dumps, sawdust piles, and all other matter resting on or protruding through the original ground surface or appearing or being placed on the area within the typical grading section before final acceptance of work. b) All depressions below the ground surface containing water shall be drained, unsuitable material removed and filled with suitable material and compacted to the ground surface before the embankment proper is begun. Any area deemed jurisdictional under federal, state or local regulations shall obtain required approvals or permits prior to any land disturbing activities in those areas. c) Sub-grade preparation shall be in accordance with GDOT specifications and these regulations. d) If any sections of the sub-grade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized with stone or a geo-textile or geo-grid. e) Fill shall be placed in uniform, horizontal layers not more than 8" thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% maximum laboratory dry density as determined by AASHTO method T-99. f) After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the sub-grade shall be brought to the lines, grades, and typical roadway section shown on the plans. g) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 5.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or relocations within the scope of this project. 6.0 Performance a) All work performed shall be in accordance City of Milton and GDOT Construction Standards and specifications. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 7.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 8.0 Wetlands and Stream Buffers a) No work shall be permitted within any designated wetland or stream buffer area without prior approval of the City of Milton. Wetland areas and Stream buffers shall be designated by the City of Milton prior to the issuance of a notice to Proceed. 9.0 Codes, Permits, and Inspections a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Owner, he shall bear all cost arising there from. 10.0 Clean up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the Owner. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the sites, and completely prepare the project and site for use by the Owner. 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 Bartow Paving Company, Inc. or any of its subcontractors in connection with the construction of the New Providence Road Stormwater 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 Bartow 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 R HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Special Events Network, LLC for the Movies at the "Flicks & Food Trucks" Summer Event Series on June 6, July 11, and August 1, 2015. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. VAPPROVEI CITY ATTORNEY APPROVAL REQUIRED CITY ATTORNEY REVIEW REQUIRED O NOT APPROVED VYES {) NO VYES {) NO APPROVAL BY CITY ATTORNEY (� APPROVED (j NO P O D PLACED ON AGENDA FOR: ]]]��\ i REMARKS © AP You( * P Green C'1>'0' * PHONE: 678.242.2500 1 FAX: 678.242.2499 Community $ .E,hice info@cityofmiitongu.us I www.cityofmiltonga.us ,,Bch 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Public Outreach Coordinator Date: Submitted on May 7, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Special Events Network, LLC for the Movies at the “Flicks & Food Trucks” Summer Event Series on June 6, July 11, and August 1, 2015. Department Recommendation: Approval. Executive Summary: The City of Milton will host three outdoor movie events as part of our “Flicks & Food Trucks” summer event series through Special Events Network on June 6, July 11 and August 1, 2015 at Friendship Community Park from 7:00 p.m. to 11:30 p.m. each day. June 6th is “Ghostbusters”; July 12th is “The Goonies”; and August 2nd is “Grease.” Funding and Fiscal Impact: Budgeted FY15 Special Events Network has secured B98.5 FM as an event sponsor to cover the full expense of the August 1 movie. The City is responsible for the cost of the June 6 and July 11, 2015 films ($3,100 plus licensing), providing the event venue, securing food trucks, marketing, handling security, trash and parking as needed. Additional expense to the City will be the staff time and rental of restroom facilities. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (4/22/13) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): An agreement between the City of Milton and Special Events Network, LLC for the Movies at the “Flicks & Food Trucks” Summer Event Series on June 6, July 11 and August 1, 2015. 1 CITY LICENSE AGREEMENT In consideration of the mutual promises made herein, this License Agreement is entered into on this _____ day of May, 2015 by and between The City of Milton, Georgia (hereinafter “City”) and Special Events Network, LLC (hereinafter “SEN”); the parties do hereby agree as provided below. 1. Licensed Use: a. City hereby licenses to SEN and SEN hereby licenses from City the use of the Friendship Community Park grounds (located at 12785 Birmingham Highway, Milton, Georgia 30004, the “Premises,” being property of the Fulton County Board of Education used by the City pursuant to a Use Agreement) for motion picture performances (hereinafter referred to collectively as the “Attraction”) on June 6 (“Ghostbusters”), July 11 (“The Goonies”) and August 1, 2015 (Grease), from 7:00 pm to 11:30 pm each day. SEN may begin setup activities each day at 5:00 pm and shall vacate the property no later than midnight each day. This Agreement shall terminate at 11:30 pm on August 1, 2015. b. Notwithstanding any contrary provision hereunder, City shall have the right to take any actions necessary to prevent the creation of any nuisance to adjacent property owners due to SEN’s presentation of the Attraction, including but not limited to reducing the amplification or volume of any speakers or sound system associated with the Attraction. 2. Services Provided by City: a. City will designate who shall be responsible to SEN as official agent of City. b. City agrees to allow SEN to present the Attraction and to furnish for that purpose the Premises (i.e. a flat, 50’ x 50’ grassy area clear of overhead power lines or trees, such area to be accessible by vehicle with trailer), and restroom facilities. City will provide reasonable traffic control and security. c. The Premises shall become available to SEN for the taking in of equipment as outlined above. City shall provide SEN notification and/or marking of any underground utilities on the Premises, such as cables and sprinklers. City will ensure that any sprinklers are turned off during use of the Premises by SEN. d. City will promote the Attraction through reasonable advertising and on the City’s website. e. City will provide adequate trash receptacles throughout the Premises, which shall be maintained and kept clean by City. City will provide clean up of the Premises after each Attraction. f. City retains the right and may exercise at any time supervision of the Premises during any time SEN has licensed the aforementioned space, so long as it does not interfere with the normal 2 workings of SEN. City will designate a person(s) to SEN who shall be responsible for said supervision. 3. Services Provided by SEN: a. SEN will designate who shall be responsible to City as official agent of SEN. b. SEN agrees to furnish the Attraction (via a 36 foot outdoor cinema system with portable generator, and set up, operation and removal of same) for presentation at the Premises for $3100 (thirty-one hundred dollars) for the June 6 and July 11, 2015 Attraction and at no cost whatsoever to City, including, but not limited to, the legal permission of the copyright owner, and everything necessary to the Attraction not herein agreed to be furnished by City for the August 1, 2015 Attraction. SEN’s funding for the Attraction will be from third party sponsors approved by City. Equipment of SEN shall remain at all times the sole and exclusive property of SEN, and the City shall have no right, title, or interest therein or thereto, except as may be expressly set forth otherwise in this Agreement. c. SEN will not deliver any physical materials for the Attraction until the time that they are scheduled to be received at the Premises, unless City provides SEN with prior written authorization to do so. All materials belonging to the Attraction must be removed promptly after the event, unless otherwise agreed upon by both parties. City shall not be held responsible for any property of SOC that is left on the Premises. d. All expenses incurred by City directly or indirectly as a result of the use of the Premises by SEN, excepting only those expenses or costs specifically set forth in this Agreement as a responsibility of City, shall be paid by SEN. Normal usage and wear to Premises and parking lot, and/or expenses incurred or caused by patrons in attendance of the Attraction, are sole responsibility of City. e. SEN shall comply immediately with all directives of City and the Fulton County Board of Education in regard to health, safety and security matters at the Premises and with all written rules and regulations relating to the Premises. This provision shall be enforceable by City, and failure of SEN to comply with the terms thereof shall be grounds for immediate termination of this Agreement by City. f. SEN shall comply with all rules and regulations governing of City and the Fulton County Board of Education and with all rules, laws, ordinances, regulations and orders of governmental authorities, including non-discrimination requirements. City shall not be liable to SEN for damages resulting from any diminution or deprivation of SEN’s rights under this Agreement on account of the exercise of any such authority as provided in this paragraph. g. SEN shall indemnify, save and hold harmless City and the Fulton County Board of Education from any liability, damages or claims resulting from: i. the violation or infringement of any copyright, patent, trademark, or similar 3 intellectual property right, right of privacy or other statutory or common law right of any person, firm or corporation; ii. the defamation of any person, firm, or corporation; iii. any and all loss and/or damage to the City or its property caused by the SEN and/or by participants in any performance of the Attraction; or iv. Injury to personal property or the person of, or the death of, any individual present on the Premises. 4. Special Provisions: a. In the event an Attraction is prevented or rendered impossible or infeasible by any act or regulation of any public authority or bureau, tumult, strike, epidemic, interruption in or delay of transportation, war condition or emergencies, or any other cause beyond the control of SEN or City, it is understood and agreed that there shall be no claims for damages by either party to this Agreement, and SEN’s obligation to provide any such Attraction shall be deemed waived. The parties agree that any time during the event that the weather looks threatening (i.e. imminent rain, rain, looming thunder clouds, or dangerous winds capable of damaging equipment) SEN reserves the right to protect its own equipment by canceling setup/production. The parties agree that SEN reserves the right to delay setup or pause the production until suitable weather conditions exist. City and SEN agree to decide by noon on the day of the Attraction to reschedule or continue the Attraction due to weather conditions. Conditions that would cause a weather cancellation are defined as 40% chance of rain, wind gusts above 24 mph, and continual rain / thunder showers. The source of weather condition information will be www.weather.com. If, due to weather, an Attraction is rescheduled before equipment setup, the Attraction will be rescheduled on a mutually agreed upon date within thirty (30) days. If an Attraction is cancelled after equipment setup, the Attraction will not be rescheduled. b. In the event SEN refuses or neglects to provide any of the items herein stated, or fails or refuses to make any of the payments as provided herein or to proceed with the Attraction, City shall have no obligation to perform this Agreement. c. Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing SEN’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 “A”, 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 SEN’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 Compliance Act (O.C.G.A. § 50-36-1). d. SEN shall maintain during the term of this Agreement insurance (naming the City and the Fulton County Board of Education as additional insured) as described in Exhibit “B,” attached 4 hereto and incorporated herein by reference. This Agreement shall not be changed, modified or varied except by a written statement signed by all parties hereto. Neither party may assign this Agreement without the express written consent of the other party. Each of the individuals who executes this Agreement agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity. Accordingly, City and SEN both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. SEN acknowledges that SEN’s relationship to City with respect to this Agreement is that of an independent contractor and not an employee of City and that this Agreement creates no joint venture between City and SEN. IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above written: For the City For SEN: _____________________________ _____________________________ Name/Title: Bruce Piefke, CEO City of Milton, Georgia Special Events Network, LLC 13000 Deerfield Parkway, Suite 107 2030 Powers Ferry Rd, Suite 234 Milton, GA 30004 Atlanta, GA 30339 5 EXHIBIT “A” STATE OF GEORGIA CITY OF MILTON SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: ____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _______________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). ____________________________________ Signature of Applicant ____________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: ____________________________________ R HOME OF'THE BEST QUAI.ITY J 1.1��: IN GEO.�GIA' M. I LTON*k ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 11, 2015 FROM: City Manager AGENDA ITEM: Approval of a Change Order to the Professional Services Agreement between the City of Milton and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance. MEETING DATE: Monday, May 18, 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: YES (J NO CITY ATTORNEY REVIEW REQUIRED: {�j YES (j NO APPROVAL BY CITY ATTORNEY k)APPROVED ` O NOT APPROVED PLACED ON AGENDA FOR: REMARKS ® Your *** PHONE. 678.242,25001FAX: 678.242.2499it@til Cernfin]* a�o� infoftityofmilfonga.us i www.cifyofmilfonga.us WI LPLIF, Community ("Ph; ,' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004�''e`` To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on May 11, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Change Order to the Professional Services Agreement between the City of Milton and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Town Planning & Design LLC was hired to conduct the public input process and develop a conservation subdivision ordinance for the city. The public has requested additional public input meetings, which requires a change order to the original scope of work. The intent of a conservation subdivision is to allow residential units to be situated on a property in a configuration that would conserve more acres of contiguous open and green space than the current zoning categories and subdivision regulations allow. To further the conservation goals of the city of Milton, establishing a conservation subdivision ordinance can be an additional option for conserving the rural character of Milton. Funding and Fiscal Impact: $29,900. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 05-07-2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Contract & Change Order # 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT CONSERVATION SUBDIVISION ORDINANCE WHEREAS, the City of Milton, Georgia and Town Planning & Design LLC (“Consultant”) have entered into a Professional Service Agreement (the “Agreement”) dated December 1, 2014, incorporated herein by reference; and WHEREAS, the parties desire to issue a change order pursuant to Section 1.0 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section I. Deliverables / Tasks: Scope of Work Exhibit “A” of the Agreement by adding a brief report (10pp. or less) summarizing Conservation Subdivision project feasibility, real estate market experience; and fiscal impacts to local government. 2. Section II. Public Process - Attendance at Meetings: Scope of Work Exhibit “A” of the Agreement is amended by adding three (3) Public Information Workshop Meetings; one (1) Planning Commission Meeting; one (1) workshop meeting with City Council; and one (1) City Council Meeting:  Public Information Workshop Meeting Dates o Wednesday May 20, 2015 at 6:30pm Milton City Hall o Saturday May 30, 2015 at 10:00am Milton City Hall o Wednesday June 10, 2015 at 6:30pm Alpharetta Courthouse These meetings will consist of a presentation by Town Planning & Design giving an overview of Conservation Subdivision design principles and impacts to be followed by either group discussions and/or round table discussion of particular ordinance provisions and alternatives. The objectives is to reach as much of a consensus as possible.  Planning Commission / City Council Meeting Dates o June 24 – Planning Commission Meeting o July 13 – workshop meeting with City Council o July 20 – City Council meeting A draft ordinance will be presented at these meetings. 3. Section 1.0 Scope of Work; Compensation: Compensation of the Agreement is amended by replacing “…$17,250…” with “…$29,900…”. 4. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized offices as of the day and year set forth next to each signature. [SIGNATURE ON FOLLOWING PAGE] Town Planning & Design, LLC Signature: __________________________ Printed Name: _______________________ Title: _______________________________ SIGNED, SEALED, AND DELIVERED in the presence of: ._______________________________ Witness – Corporate Secretary ._______________________________ Notary Public [NOTARY SEAL] My Commission Expires .______________________________ CITY OF MILTON: .______________________________ By: ___________________________ Its: ___________________________ SIGNED, SEALED, AND DELIVERED in the presence of: . __________________________ Witness .___________________________ Notary Public [NOTARY SEAL] My Commission Expires: .________________________________ 1 PROFESSIONAL SERVICES AGREEMENT Conservation Subdivision Ordinance This Agreement made and entered into this 1st day of December, in the year 2014, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Town Planning & Design LLC (“Consultant”) having its principle place of business at 1786 Alderbrook Rd. NE Atlanta, GA 30345. WHEREAS, the City of Milton will require certain professional services beginning on December 1, 2014; and WHEREAS, the City’s Purchasing Polic y authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $17,250 (the “Contract Price”) without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established 2 without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Consultant 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. Consultant shall defend, indemnify, and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses, and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”), which may be the result of willful, negligent, or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor, or anyone for whose acts the Consultant 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 Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor, or anyone for whose acts the Consultant 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 Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other 3 employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. Notwithstanding the foregoing, the indemnification obligation of the Consultant under this section 3.0 shall not extend to any claims that may be asserted against the City because of its consideration or adoption of an ordinance drafted by Consultant. 4.0 Insurance Consultant shall maintain in effect during the term of this Agreement insurance coverages, at a minimum, as shown on Exhibit “B,” attached hereto and incorporated herein by reference. Consultant shall be responsible for insuring all vehicles operating on behalf of Consultant and for the provision of health insurance coverage for all individuals acting on behalf of Consultant. 5.0 Term; Termination The term of this Agreement shall be from Monday December 1, 2014 and shall terminate absolutely and without further obligation on the part of the City upon Consultant’s completion of services described herein, but no later than December 31, 2014, provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2014, shall automatically renew on January 1, 2015 to December 31, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materia ls, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant 4 Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15.0 Notices 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 5 NOTICE TO THE CONSULTANT shall be sent to: Donald J. Broussard Town Planning & Design LLC 1786 Alderbrook Rd. NE Atlanta, GA 30345 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibit “C” and Exhibit “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E - Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor 6 hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ___X_ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. 7 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 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. Approved as to form: _______________________________ City Attorney TOWN PLANNING & DESIGN LLC. Signature: __________________________________ Printed Name: _______________________________ Member/Manager SIGNED, SEALED, AND DELIVERED in the presence of: ___________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: By: _____________________________ 8 Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ 9 Exhibit “A” Scope of Work I. Deliverables / Tasks 1. Draft City of Milton Conservation Subdivision Ordinance. 2. Draft standard design drawings for roads and green space of the Conservation Subdivision. 3. Provide PowerPoint slide presentation for public meetings demonstrating the Conservation Subdivision recommendations. 4. Make revisions to draft ordinance based on input from public, Planning Commission and City Council. 5. Attend Meetings (2) with city and county officials regarding the street and waste treatment standards that will allow and support the development of conservation subdivisions in Milton. 6. Revise PowerPoint slide presentation as needed. Subtotal $6,450 II. Public Process: Attendance at Meetings Public Information Meeting (informal) Thursday, December 11, 2014 Community Zoning Information Meeting Tuesday, January 27, 2015 Planning Commission work session Wednesday, February 25, 2015 Planning Commission Regular Meeting Wednesday, March 25, 2015 City Council Work Session Monday, April 20, 2015 City Council (consideration for adoption) Monday, April 27, 2015 Subtotal $10,800 TOTAL Not to Exceed $17,250 Provisions 1. Record keeping at all public meetings will be by the City of Milton 2. Reproduction of handouts for all meetings will be the responsibility of the Community Development Department or shall be reimbursable at cost plus 10% if produced by Town Planning & Design. 10 3. Town Planning & Design LLC will bill monthly hours at a rate of $150 per hour for each professional planner for time expended. Time expended for meetings other than those listed above shall be billable at that same rate. 4. Completion of the assignment is anticipated by March 31, 2015. 11 EXHIBIT “C” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ 12 EXHIBIT “D” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Town Planning & Design, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of servi ces 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 da ys of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ M HOME OF' E STA B L I S H E D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Re -Sodding of Three Rectangular Athletic Fields MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES O NO CITY ATTORNEY REVIEW REQUIRED: kES () NO APPROVAL BY CI TY ATTORNEY APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 0 S - I g REMARKS ©vyours *** PHONE: 678.242.25001 FAX: 678,242.2499 G r"'e, E 11 i`Certified * 7oP ��� infoCi?cityofmilfonga.us I www.cityofm€Itonga.us WILDLIt1 COMMUnit ■� y y, Etnics� 13000 Deerfield Porkwoy, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on May 11, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Re-Sodding of Three Rectangular Athletic Fields ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the re-sodding of three rectangular athletic fields that we have an IGA with the Fulton County Board of Education. Executive Summary: There are three schools which we have an IGA with the Fulton County Board of Education where the grass turf is in need of replacement due to excessive use. The fields are located at Hopewell Middle School (the rectangular multi-purpose field), Cogburn Woods Elementary School and Friendship Community Park at Crabapple Crossing Elementary School. An invitation to bid #15-PR01 was released to the public for 30 days and it was properly advertised. The low bidder was Tri Scapes, Inc., a qualified vendor who has performed work successfully in the past for the City. Funding and Fiscal Impact: The fee of $48,772.25 is within the budgeted price that was planned for in the FY15 budget. This will be paid with available funds from the Grounds Repair and Maintenance line item in the FY15 Operations and Maintenance budget. Page 2 of 2 Alternatives: There are two alternatives. The first is to attempt to restart these fields by re-seeding instead of re-sodding. That effort was attempted last year without success. The second is to take no action and not improve the fields which would violate our maintenance responsibilities under the IGA with the School Board. Legal Review: Paul Higbee – Jarrard & Davis (May 4, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Contract HOME OF 'THE BEST QUAY`( OF LIFE IN GEORGIA' MILTON *t ESTRBLIS1 [ED 2006 CONSTRUCTION SERVICES AGREEMENT FOR Rectangular Athletic Field Re -Sodding This Agreement the "Agreement") to provide re -sodding of three athletic fields is made and entered into this day o, 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"), Tri Scapes, Inc., a Georgia corporation with its principal place of business located at 1595 Peachtree Parkway, Suite 204 - 396 Cumming, Georgia 30041 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Rectangular Athletic Field Re - Sodding, and WHEREAS, based upon Contractor's bid to re -sod three athletic fields as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Invitation to Bid ITB (54 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated April 30, 2015 (19 Pages), attached hereto as Exhibit IT"; D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Final Affidavit, attached hereto as Exhibit "G", I. 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 J. 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 replacement of the sod on the athletic fields at Hopewell Middle School, Cogburn Woods Elementary School and Friendship Community Park located adjacent to Crabapple Crossing Elementary School. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 30 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 2 A. The total amount paid under this Agreement shall not, in any case, exceed $48,772.25 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the 3 Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it C! and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative k(Ak,N Q shall be authorized to act on 5 Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. 6 J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. VA (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. E (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "17" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct 10 and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City 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 its 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 order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise 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. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the 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. 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 as Exhibit "E." 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 11 years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that 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, 12 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 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 13 A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work. B. Cit Representative Jim Cregge shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. 14 D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 15 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Parkway, Suite204 — 396, Cumming, GA 30041 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 16 SIGNED WkLkD, AND DELIVERED In the pres nce of Witness (Corporate Secretary should attest) u i n n M cw-fl el Print Name N :4 � Cly W d = 'f�iis�i ire 0 = Ujz CD ' ����� pKEE tCOv ,`�♦` SIGNED, SEALED, AND DELIVERED In the presence of: /011 /Otaness Notary Public ♦���W AGO -•� Tri; S p9s, Inc. Signature `, aULr �t n Print Name esI "'K -ICFv Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor [NOTARY SEAL] My Commission Expires: /.Z�- /� ♦i joi t. ,• SS16 Q C �p% :•d, Ff'• Z i �v9 'o(/8UG Imo' •. ARY 26,tx 4 � EXHIBIT "A" REQUEST FOR BID HOME OF T -E 6r.S1QJAMY OF t1FE IN=—RGL4' CITY OF MILTON MILTON)� EVaTATION TO BID ESTABLISI I ED 2IX6 (THIS IS NOT AN ORDER) Bid Number: Project Name: 15-PRO1 FY15-PROI Rectangular Athletic Field Re -Sodding Due Date and Time: City of Milton April 21, 2015 Local Time: 2:00pm Number of Pages: 54 I ISSUING DEPARTMENT INFORMATION I Issue Date: March 25, 2015 City of Milton Parks & Recreation Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.eityofmiltonga.us INSTRUCTIONS' TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 15-PROI City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Special Instructions: Suite 107F Deadline for Written Questions Milton, Ga. 30004 April 7, 2015 at 5:00 pm Email questions to Honor Motes at honor. motes i o milton a.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 FYI 5-PROI Rectangular Athletic Field Re -Sodding Table of Contents Topic Definitions Invitation to Bid Bidding Instructions (What must be submitted) Insurance/Bond Requirements Bid Form and Addenda Acknowledgement Bid Bond Qualifications Signature and Certification Corporate Certificate List of Subcontractors Contractor Affidavit and Agreement (eVerify) Bid Schedule Disclosure Form EPD Air Quality Rules Project Specifications Schedule of Events Sample Contract Agreement Page 3 4 6 7 11 13 16 16 17 18 19 22 23 24 28 29 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding DEFINITIONS COMPR: City of Milton Parks & Recreation Department CITY: The City of Milton Director of Parks & Recreation or duly authorized representative. ADA: Americans with Disabilities Act EA: Each SF: Square Feet OSHA: Occupational Safety and Health Administration FY15-PRO1 Rectangular Athletic Field Re -Sodding CITY OF MILTON Invitation to Bid 15-PROl The City of Milton is accepting sealed bids from qualified firms for a Re -Sodding of Rectangular Athletic Fields Project for the Parks & Recreation Department for Hopewell Middle School, Cogburn Woods Elementary School & Friendship Community Park. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. It is the bidder's responsibility to periodically check the posted website for new information and potential changes. Sealed bids will be received no later than 2:00 PM Local Time on April 21, 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 2:05 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 107F Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. It shall be the bidder'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 proposer at the expense of the proposer or destroyed if requested. Bids shall be presented in a sealed envelope with the bid number (15 -PROD and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND THREE (3) 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.motesgeityofmiitonga.us. Deadline for questions is April 7, 2015 at S:OOpm. 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 April 14, 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 -PROD and bid name (FY15 Rectangular Athletic Field Re -Sodding Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible and responsive Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, previous City of Milton experience, and work of this type successfully completed. Any unauthorized conditions, limitations or provisions attached to the bid, except as may be provided herein, will render it informal and may cause its rejection. Unbalanced bids may be subject to rejection. FY15-PRO1 Rectangular Athletic Field Re -Sodding A bidder may modify or withdraw its bid by written request, provided that the request is received by the City prior to the bid due date and time at the address to which bids are to be submitted. Following withdrawal of its bid, the bidder may submit a new bid provided that the new bid is submitted prior to the established bid due date and time. No bid may be withdrawn for a period of sixty (60) days after the date of the bid opening except as permitted by O.C.G.A. 36-91-41 et seq., as amended. From the date this Invitation to Bid (ITB) is issued until a Bidder is selected, Bidders 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 Bidder 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@cityofiniltonga.us 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 fifteen (15) 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. FYI 5-PR01 Rectangular Athletic Field Re -Sodding BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Bond (3 pages) 13-14-15 4 Qualification Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (e Verify) State Law 18 7 Bid Schedule (3 pages) 19-20-21 8 Disclosure Form 22 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FY15 Rectangular Athletic Field Re -Sodding Contract, 15 -PRO I. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The term of the contract shall be for an initial one-year period with three (3) possible twelve (12) month extensions. Any contract extensions shall be contingent on satisfactory performance during the previous time period. No cost increases will be entertained during the term of the contract. Any proposed increase in costs shall be submitted to the City no less than ninety (90) days prior to the expiration of the contract for consideration of contract extension. The City reserves the right to accept or reject any proposed cost increases. 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 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. FY15-PRO1 Rectangular Athletic Field Re -Sodding EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. 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. 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 7.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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (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 ANI. FYI 5-PROI Rectangular Athletic Field Re -Sodding (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss 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. 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. FY15-PRO1 Rectangular Athletic Field Re -Sodding OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. FY15-PRO1 Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PROI FY15 Rectangular Athletic Field Re -Sodding Project The Bidder has carefully examined and fully understands the Contract; Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. A minimum requirement of experience in Sports Field Renovation and/or School Field Renovation is needed of two (2) like kind projects within the last five (5) years along with references. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within fifteen (15) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 Bidder Bidder Mailing Address: Signature: Print Name: Title: Company Name FYI 5-PRO1 Rectangular Athletic Field Re -Sodding (Seal) [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia 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 (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: 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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. formatted: Default FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 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. FY15-PRO1 Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM 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 Print/Type Company Name Here CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 120 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM 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: FYI 5-PRO1 Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. EEV I Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date (Print Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 Notary Public My Commission Expires: FYI 5-PRO1 Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE SECTION A: INDIVIDUAL FIELD RE -SODDING ITEM ITEM ESTIMATED UNIT NUMBER DESCRIPTION UNITS QUANTITY PRICE Hopewell Middle School SF 15,300 $ (Unit Price in Words) Cogbum Woods Elementary School SF 17,800 $ (Unit Price in Words) Friendship Community Park SF 11,449 $ _(Unit Price in Words) FY15-PRO1 Rectangular Athletic Field Re -Sodding SECTION B: BID ALTERNATE #1 — ALL FIELDS ITEM ITEM ESTIMATED UNIT NUMBER DESCRIPTION UNITS QUANTITY PRICE 1 Hopewell Middle School SF 15,300 $ (Unit Price in Words) Cogburn Woods Elementary 2 School SF 17,800 $ (Unit Price in Words) 3 Friendship Community Park SF 11,449 $ (Unit Price in Words) SECTION B CONSOLIDATED PRICE TOTAL: $ FY 15-PRO1 Rectangular Athletic Field Re -Sodding 1 Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". It is the intent of this project for each unit price bid to include all labor, materials, equipment, tools, transportation, mobilization, and supplies as required as necessary to complete the work in accordance with the plans, specifications as directed, including, and the terms of this project. Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNA PRINT / TYPE NAME TITLE FYI 5-PROI Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM 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: FY15-PR01 Rectangular Athletic Field Re -Sodding ***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 FY15-PRO1 Rectangular Athletic Field Re -Sodding PROJECT SPECIFICATIONS 4.0 RECTANGULAR ATHLETIC FIELD RE -SODDING SCOPE 4.1 Scone The contractor shall furnish all materials, equipment, and labor to complete the required construction as described in its entirety to the specifications as directed and the terms of this contract including all incidentals as directed by the City of Milton Director of Parks & Recreation or his/her representative. The scope consists of re -sodding rectangular athletic fields as specified in Section 4.2. 4.2 Descriptions The City of Milton has three (3) rectangular athletic fields that need to be re -sodded. The three (3) fields are located at: Approximate Total Square Footage Hopewell Middle School 13060 Cogburn Road 15,300 Milton GA 30004 Cogburn Woods Elementary School 13080 Cogburn Road 17,800 Milton GA 30004 Friendship Community Park 12785 Birmingham Hwy 11,449 Milton GA 30004 4.3 Evaluation The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. 4.4 General Notes: 1. The contractor is responsible for contacting Milton Parks & Recreation staff prior to each field's re -sodding date. 2. To bid on this contract, the Contractor must hold a current Georgia Contractor License issued by the State of Georgia. 3. The contractor must have a minimum experience requirement of two (2) like -kind projects in Sports Field Renovation and/or School Field Renovation. 4. The contractor shall submit with the bid a qualification sheet listing two (2) like kind projects within the past five (5) years that meet the experience requirement along with references. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding In case of discrepancy between the unit price and the total price on the completed Bid Schedule the unit price will prevail and the total price will be corrected. SPECIAL PROVISIONS This work shall consist of clearing, erosion control, grading, turf & landscaping, and other materials associated with this contract. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. Sod All sod to be Zoysia Japonica `Emerald' and blue -tag certified. Sod shall be a species recommended by an experienced local A.N.A.-certified nursery, grown in a nursery equipped for the production of such sod and capable of meeting the published State Standards for Certification. It shall have been mowed regularly, fertilized and fumigated and shall be free of diseases and harmful insects at the time of delivery. Sod shall be delivered in strips one foot wide and two feet or longer as soil and species permit or in rolls not over six feet long. Sod shall have a minimum of one inch thickness including roots and soil. Sod bearing holes or thinned root pad, i.e. less than ``/2" shall be rejected. Sod shall be free of weeds, nut grass, crab grass and other invasive plants Grassing LANDSCAPE MATERIALS A. General: Includes soil preparation, applying fertilizer, planting and maintenance as required to produce an acceptable stand of grass on the re -sodded areas. 1. Any damage to planting soil by erosion, construction equipment, construction operations, or other damage shall be repaired prior to application of fertilizer. Finished surface shall be smooth and even. 2. Irrigation system shall be reviewed and approved by Owner's Representative prior to planting seed, sprigging or laying sod. B. Soil Preparation: After the area to be grassed has been brought to finished grade, prepare the soil by thoroughly loosening the area by plowing, discing, harrowing, or scarifying until these areas are friable, well pulverized and acceptable to the Owner's Representative. Add 1" of Owner approved topsoil. Any irregularities in the surface resulting from the above operation or from other operations by the Contractor shall be smoothed out before any subsequent operations are begun. All roots and stones larger than 1" in any dimension, stumps and other foreign material detrimental to final grading, proper bonding, the rise of capillary moisture, or the proper growth of the desired plantings shall be removed. 1. The completed surface shall conform to the finished grades or subgrades and shall have a smooth pulverized surface at the time of planting. Any irregularities shall be corrected before the lime and fertilizer are placed. 2. Spread lime and fertilizer over the prepared surface before turning. Fertilizer and lime shall be sufficient to correct irregularities in the soil based on soil tests for the specified turf. Turn the soil one last time the day before planting FY15-PRO1 Rectangular Athletic Field Re -Sodding or placing sod. C. Sodding 1. Prepare planting bed as described for seeded areas except that fine graded soil shall be 1 inch below finished grade. 2. Stored sod of the species required in the schedule shall be kept moist prior to laying. Wet all areas prior to sodding. 3. Wet all areas immediately prior to sodding. 4. Unroll the sod on the prepared soil. Lay the strips parallel with the strip ends staggered as in bricklayers' running bond pattern. Press each successively laid strip snugly up against the one next to it. Fill cracks, holes, joints with clean, loose sand, free of all grass and plant seeds. Remove netting from back of sod prior to installation. 5. Watering, fertilizing and rolling shall be done by the Contractor as described under "Maintenance of Sodded Areas" below. D. Maintenance of Sodded Areas: The Contractor shall be responsible for maintaining sodded areas by properly watering, weeding and mowing the grass until an acceptable stand has been produced, and been accepted by the Owner. MATERIALS 1. A stand shall be considered acceptable when 95% of the total sodded area has been covered with grass and no bare areas greater than one 6" square exist. All cracks, joints, dips, pits and other irregularities in the surface must have been corrected by top dressing with sand. 2. The Contractor shall be responsible for re -sodding all bare areas greater than one 6" square with the specified mixture and for repairing and re -sodding wash -outs and eroded areas to the original finished grade. 3. Sodded areas shall be mowed when the grass attains a height of 2 inches and as required thereafter until the acceptance of the stand. Reel type mowers, kept well sharpened, shall be used. Turf shall not be accepted until all sod has knitted together and tacked to the soil. 4. All lawn areas shall be given atop dressing of fertilizer to provide 100 pounds available nitrogen per acre when the grass has attained a satisfactory growth and the first mowing has been performed. Nitrogen shall be derived from Ammonium Nitrate or Nitrate of Soda. PROSECUTION AND PROGRESS Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The time of completion for the project is fifteen (15) calendar days from the date of the `Notice to Proceed." Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon request by the Contractor on a case by case basis. 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 FY15-PRO1 Rectangular Athletic Field Re -Sodding upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. OC/OA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. Contractor will be responsible for replacing any work performed at no cost to the City. DEVIATION OF OUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Release of ITB March 25, 2015 Deadline for Written Questions April 7, 2015 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) April 14, 2015 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due April 21, 2015 at 2:00 p.m. Bids are due to: City of Milton - Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Contract Award (On/about) May 18, 2015 FY15-PRO1 Rectangular Athletic Field Re -Sodding Reference Only Subject to change SAMPLE CONTRA CTA GREEMENT This Contract Agreement (the "Agreement') is made and entered into this _ day of 20 by and between the City of Milton, apolitical subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City'), and XXXXXX, a with its principal place of business located at IXIXKYX (hereinafter referred to as the "Contractor') (collectively referred to herein as the `Parties'). WITNESSETH: WHEREAS, the City issued a Invitation to Bid, dated for services generally described as XKKA=,,and WHEREAS, the Cityfinds 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 Contractors bid in response to the Invitation to Bid for , the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to per form such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itselfwith 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 Docmnents 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 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding F. Final Affidavit, attached hereto as Exhibit "E' ; G. Alien Employment afidavits attached hereto as Exhibits "F" and "G H. SAYE 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 ifproperly adopted in writing and executed by the Parties. Section 2. Proiect Description The Project is defined generally as follows:. Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work'). ork'). 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 terns of the various Contract Documents, the provision most beneficial to the City, as detennined 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 wan -ants 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 ofPayment 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 agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sun: attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall refect 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 percent (10116) 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 FYI 5-PROI Rectangular Athletic Field Re -Sodding I M Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by Imv. 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 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. "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 Yi%rk 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 claire 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 $50,000.00, 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 lav or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 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. 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 Project 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 that 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 subcontractors, 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 Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor's opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot peiform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Cont -actor's Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding F. Contractor's Reliance on Submissions b the he City Contractor must have timely information and input from the City in order to perforin 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 ofAgreement 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. L Responsibility ofContractor and Indemnification ofCity The Contractor covenants and agrees to take and assume all responsibilityfor 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 ojfcers, 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 willfid, 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. 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 City. The Contractor agrees to be solely responsible for its own matters relating to the tittle 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 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 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 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 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 injuries to persons or damages to property which may arise f•om 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 ifso 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 $],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. (t) 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. (it) 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. FY15-PRO1 Rectangular Athletic Field Re -Sodding (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (i v) 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 front Work performed by the Contractor for the Cityfor General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorised to do business in the State of Georgia and with an A.M Bests' rating of no less than A: V1. (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 utilised 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. (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 FY15-PRO1 Rectangular Athletic Field Re -Sodding JIM 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 obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Enrpla ment of Unauthorized Aliens Prohibited (1) E- Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on 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 -Ver fy 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, prior 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 Rude 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the forms of which is attached hereto 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 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 Securhy� 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. 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. 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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 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) SA VEAidavit 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 stator 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 "If", 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 Compliance 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 authorised, 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) Resorts and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports; data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the Cityfor examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to FY15-PRO1 Rectangular Athletic Field Re -Sodding audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts oflnterest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, 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 rf Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter I of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. O. 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 terns of all such Licenses throughout the tern 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 document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the Cityfor coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel 11 of the individuals identified in Exhibit V" are necessary for the successful prosecution of the Work due to their- unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit `J", without FY15-PRO1 Rectangular Athletic Field Re -Sodding 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. Anv 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 partyfor 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 ofperfornance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessaty 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, ifopplicable. 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 petfortned 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 necessaty to evidence such assignment. Meetin¢s The Contractor is required to meet with the Citv's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The 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. Richt of Elltry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work B. City's Representative XXXXXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terns of this Agreement "lust be approved as provided in Section 6 above. Section 9. llntentionally Omittedl Section 10. Termination A. Termination for Convenience: FY15-PRO1 Rectangular Athletic Field Re -Sodding 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 and 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 S 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 termination. 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 reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period the termination shall take place without further notice. it. 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 convenience 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 successor or on any obligation :coder 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 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding ( = binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorisation. 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 inequity 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 broug t in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be execu d in y nun: r of counterparts, each of which shall be deemed to be an original, but all f w ther s 7 11 constitute one and the same instrument. E. Invalidity of Provisions. Should 7y par tht ree ent for any reason be declared by any court of competent jurisdiction to be in m h cision shall not affect the validity of any remaining portion, which r main' orti sha continue in fill force and effect as if this Agreement had been ex e tedill t id rtion hereof eliminated, it being the intention of the Parties that they void ted he remaining portion of this Agreement without including any such par, m r [tons ich may for any reason be hereafter declared invalid F. Notice. All notices, request em ds and other communications hereunder shall be in writing and shall be deemed received, shall be effective, when: (1) personally delivered, or (Z) 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 CITYshall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereivn Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or anv individual's qualified good faith or official immunities. 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 rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or f ood; (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 Conti -act Price subject to the FY15-PRO1 Rectangular Athletic Field Re -Sodding terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. Headines. 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. 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 against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 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 ofany future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim liability, reimbursement, cause of action or other- right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: By: Attest: XKKKK,Y,\X [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARYSEAL] My Commission Expires: Approved as to form CityAttorney (signature) (print) FY 15 -PRO l Rectangular Athletic Field Re -Sodding CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of- Witness fWitness Notary Public [NOTARYSEAL] My Commission Expires: FY15-PRO1 Rectangular Athletic Field Re -Sodding EXHIBIT "A" (Insert Invitation to Bid/ EXHIBIT "B" [Insert Bid Documents] FYI 5-PRO1 Rectangular Athletic Field Re -Sodding EXHIBIT "C" PERFORMANCE BOND KNOWALL MEN BY THESE PRESENTS THAT CONTRACTOR, hereinafter referred to as the `Principal'), and (as (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of, Dollars ($ 1, Imijul money of the United States ofAnrerica, 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: That if the Principal shall fully and completely performs 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 frons any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damagesfor 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 (3 0) days after written notice from the City to the Contractor's FY15-PRO1 Rectangular Athletic Field Re -Sodding 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 ofany 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: Title: Attest: (signature) [AFFIX CORPORATE SEAL] Title: Date: (print) [SIGNATURES CONTINUE ON FOLLOWING PAGE1 FY15-PR01 Rectangular Athletic Field Re -Sodding (print) CONTRACTOR'S SURETY Bv: (signature) (print) Title: (SEAL) Attest: (signature) (print) Title: Date: (ATTACHSURETYS POWER OF ATTORNEY) FY15-PRO1 Rectangular Athletic Field Re -Sodding PAYMENTBOND CITYOFMILTON, GEORGIA KNOWALL MEN BY THESE PRESENTS THAT referred to as the "Principal'), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTORS SURETY'), are held and firmly bound unto the Citv of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit ofany "Claimant, " as hereinafter defined, in the sunt Of Dollars ($ ), imiful money of the United States ofAmerica, for the payment ofwhich 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 ofa 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 fidl 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 requiredfor 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 per forming Work on the Project. In the event of any claim made by the Claimant against the City, or the filing ofa 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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their coi porate seals and caused this obligation to be signed by their duly authorized officers on this day of ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: By: Title: (signature) (printed) CONTRACTOR SURETY.- Title: (signature) (printed) (ATTACH SURETY'S POWER OFATTORNEY) (signature) (printed) (SEAL) (signature) (printed) (SEAL) FYI 5-PRO1 Rectangular Athletic Field Re -Sodding STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLLUSIONAFFIDAVIT OF PRIME PROPOSER being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of Y_=) Y' (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,- ([) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to 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 unlauful 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 ofAuthorized Officer or Agent Printed Name and Title ofAuthoriced Off cer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF _20— Notary 20Notary Public (SEAL) My Commission Expires Date FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 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 .A;KIh . or any of its subcontractors in connection with the construction of the XXXXXXX,XX for the City have been paid and satisfied in fidl 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 XXXXX,XaXX, 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 FYI 5 -PRO I Rectangular Athletic Field Re -Sodding 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 -Ver fy, 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), 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 ofAuthorization Name of Contractor Name of Project Name of Public Employer 1 hereby declare under penalty ofperjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature ofAuthorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 . Notary Public [NOTARYSEAL] My Commission Expires: FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 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 behaf of the City has registered with, is authorised to use and uses the federal work authori_ation 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 authorisation 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 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 authori_ation user identification number and date of authorisation are asfollows: Federal Work A uthorLation User Identification Number Date ofAuthorisation Name of Subcontractor Name of Project None of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201 in (city), (state). Signature ofAuthorised Officer or Agent Printed Name and Title of Authorised Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 Notary Public [NOTARYSEAL] EXHIBIT `I" FYI 5-PRO1 Rectangular Athletic Field Re -Sodding [RESERVED] EXHIBIT "J" KEYPERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT FY15-PROI Rectangular Athletic Field Re -Sodding HOME OF QUALITY OF LIFE IN GEORGIA' MILTON* ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 15-PRO1 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: 678-242-2507 Fax: 678-242-2499 Email: honor.motes(&citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 Mi l ri`C)NtIl ITB 15 -PRO 1 —Addendum #1 ADDENDUM #1 ITB 15-PROl Questions/Answers: 1. Is Section A for price per field and Section B for aggregate price for whole job? — Answer: Section A is the price per field. Section B is an aggregate total price for all three fields. 2. Do all fields currently have irrigation? —Answer: Yes 3. Are there specific topsoil requirements? —Answer: Screened Black Topsoil with a 5/30 particle size. Topsoil should have less clay with more silt & sand. 4. What specifically are the alternates to be priced? - Answer: The contractor can bid on each individual field as well as all three fields together 5. How long after the award date will the NTP be issued? - Answer: The NTP will be issued as soon as Fulton County School students go on summer break sometime around May 28. All three of these fields are school fields. 6. Is the 15 day project period the total for all three fields? —Answer: Yes, this was a projected project time for all three fields. 7. Have you considered Synthetic Turf instead? —Answer: These fields are school fields and will remain natural grass. Ki I "T () ITB 15-PRO1 — Addendum #1 HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON-*k ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 15-PRO1 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: 678-242-2507 Fax: 678-242-2499 Email: honor.motes(&citvofmilton2a.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date ADDENDUM #1 11t ITB 15 -PRO 1 — Addendum 92 ADDENDUM #2 ITB 15-PRO1 IMPORTANT NOTICE ********DUE DATE EXTENDED******** New due date April 30, 2015, 2:OOpm Amendments: 1. Replace original sod specifications with the following: Sod shall be Certified Tifway 419 Hybrid Bermuda grass produced under the rules and regulations of the Georgia Crop Improvements Association, Inc. The sod shall be harvested from vigorously growing, properly fertilized fields) with at least one full growing season prior to harvesting. Sod shall be harvested in minimum solid forty (40) inch width rolls and the harvest netting shall be removed upon installation. Deliver sod in time for planting within 24 hours of harvesting. The sod certification tags, "blue tags", shall be retained and turned over to the owner. There shall be no netting installed with sod. 2. Revised schedule: Deadline for Additional Questions — April 22, 2015 Addendum #3 Issued (if necessary) — April 24, 2015 Bid Submittals Due — April 30, 2015 at 2:00 p.m. I� ITB 15 -PRO 1— Addendum #2 EXHIBIT "B" BID FROM CONTRACTOR oMeor 4- CITU OF MILTON INVITATION TO BID rsr,,nrisnrn,ou. (THIS IS NOT AN ORDER) Bid Number: Project Name: 15-PROI FY15-PRO1 Rectangular Athletic Field Re -Sodding Due Date and Time: City of Milton April 21, 2015 Number of Pages: 54 Local Time: 2:OOpm 13000 Deerfield Pkwy ISSUING DEPARTMENT INFORMATION Issue Date: March 25, 2015 City of Milton Parks & Recreation Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107E Fax: 678-242-2499 Milton, Ga. 30004 Website: rnvw.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 Bid Number: 15-PR01 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Tri Scapes , Inc. 13000 Deerfield Pkwy Special Instructions: Suite 107F Deadline for Written Questions Milton, Ga. 30004 April 7, 2015 at 5:00 pm BIDDERS MUS'r RETURN THIS COVER SHEET WITH BID RESPONSE Email questions to Honor Motes at hotior.iizotes@qkyqMziltoti,ga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Aut4rind Bidder Sign tory: _ Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 / (/// `/ ,�jr .-/ _6' CZCLe, G `�-" Cumming, Georgia 30041 Rebecca MarleafiCtin5and1bPresidentI CFO Bidder Phone Number: Bidder FAX Number: 770-752-4698 770-752-6792 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2077615 rmartin@triscapes.com BIDDERS MUS'r RETURN THIS COVER SHEET WITH BID RESPONSE FYI 5-PRO1 Rectangular Athletic Field Re -Sodding 1 , Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 6 Insurance/Bond Requirements 7 Bid Form and Addenda Acknowledgement I I Bid Bond 13 Qualifications Signature and Certification 16 Corporate Certificate 16 List of Subcontractors 17 Contractor Affidavit and Agreement (eVerify) 18 Bid Schedule 19 Disclosure Form 22 EPD Air Quality Rules 23 Project Specifications 24 Schedule of Events 28 Sample Contract Agreement 29 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding JIM DEFINITIONS COMPR: City of Milton Parks & Recreation Department CITY: The City of Milton Director of Parks & Recreation or duly authorized representative. ADA: Americans with Disabilities Act EA: Each SF: Square Feet OSHA: Occupational Safety and Health Administration FYI 5-PRO1 Rectangular Athletic Field Re -Sodding CITY OF MILTON Invitation to Bid 15-PROI The City of Milton is accepting sealed bids from qualified firms for a Re -Sodding of Rectangular Athletic Fields Project for the Parks & Recreation Department for Hopewell Middle School, Cogburn Woods Elementary School & Friendship Community Park. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. It is the bidder's responsibility to periodically check the posted website for new information and potential changes. Sealed bids will be received no later than 2:00 PM Local Time on April 21 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 2:05 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 107F Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. It shall be the bidder'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 proposer at the expense of the proposer or destroyed if requested. Bids shall be presented in a sealed envelope with the bid number (15-PRO1) and the name of the company or firm submitting clearly marked on the outside of the envelope, ONE (1) ORIGINAL (PAPER) AND THREE (3) COPIES (PAPER) AND A PDF COPY OF THE BID' ON CD MUSTBE 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 April 7, 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 April 14, 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 -PROD and bid name (FYI 5 Rectangular Athletic Field Re -Sodding Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible and responsive Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, previous City of Milton experience, and work of this type successfully completed. Any unauthorized conditions, limitations or provisions attached to the bid, except as may be provided herein, will render it informal and may cause its rejection. Unbalanced bids may be subject to rejection. FYI 5-PR01 Rectangular Athletic Field Re -Sodding A bidder may modify or withdraw its bid by written request, provided that the request is received by the City prior to the bid due date and time at the address to which bids are to be submitted. Following withdrawal of its bid, the bidder may submit a new bid provided that the new bid is submitted prior to the established bid due date and time. No bid may be withdrawn for a period of sixty (60) days after the date of the bid opening except as permitted by O.C.G.A. 36-91-41 et seq., as amended. From the date this Invitation to Bid (ITB) is issued until a Bidder is selected, Bidders 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 Bidder 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 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 fifteen (15) 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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding JIM BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Bond (3 pages) 13-14-15 4 j Qualification Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (e Verify) State Law 18 7 Bid Schedule (3 pages) 19-20-21 8 Disclosure Form 22 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the FYI Rectangular Athletic Field Re -Sodding Contract, 15-PRO1. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The term of the contract shall be for an initial one-year period with three (3) possible twelve (12) month extensions. Any contract extensions shall be contingent on satisfactory performance during the previous time period. No cost increases will be entertained during the term of the contract. Any proposed increase in costs shall be submitted to the City no less than ninety (90) days prior to the expiration of the contract for consideration of contract extension. The City reserves the right to accept or reject any proposed cost increases. 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 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. FYI 5-PR01 Rectangular Athletic Field Re -Sodding EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. 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. 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 7.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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (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. FYI 5-PR01 Rectangular Athletic Field Re -Sodding (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss 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. 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. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding JIM OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PR01 FY15 Rectangular Athletic Field Re -Sodding Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. A minimum requirement of experience in Sports Field Renovation and/or School Field Renovation is needed of two (2) like kind projects within the last five (5) years along with references. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within fifteen (15) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. FYI 5 -PRO I Rectangular Athletic Field Re -Sodding J M Attached hereto is an executed Bid Bond in the amount of 5s of total bid 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 1 04/15/15 2 04/22/15 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 3 0th day of April .20 15 BidderTri Seapes , Inc. (Seal) Company Name Bidder Mailing Address: Tri Scapes, Inc. 1595 Peachtree Parkway Suite 204-396 Cumming, Georgia 30041 Signature: ;.Z, Print Name: Rebecca Martin Title: President I CFO FYI 5 -PRO I Rectangular Athletic Field Re -Sodding I L 3 [BIDDERS MUST RETURN TIES it ORM Wi`I H BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Tri Scapes, Inc. 1595 Peachtree Pkwy #204-396,Cumming GA. 30041 SURETY (Name and Address of Principal Place of Business,: FCCI Insurance Co. 6300 University Pkwy Sarasota. FL. 34240-8424 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: 04/21/2015 PROJECT (Brief Description Including Location): Name of Project: FY15-PR01 Rectangular Athletic Field Re -Sodding BOND BOND NUMBER: DATE (Not later that Bid due date):Ll4(9 !� PENAL SUM: Five Percent of Bid 5% (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 Tri Sca es, Inc. (Seal) FCCI In$Ur4nq6 Compgny fSeaI Bidder's np and Corp )mte Seal Surety's a41--t Corp to Seal By: [tip.♦` t: By: Signature and Tit t«td1.:fi/Ct=� Sibmat iresty L e (Alta grot'Aitonie Attest: Attest: Signature and Title: ;cam,, -y Signatured Tit Account ana er 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. FYI 5 -PRO 1 Rectangular Athletic Field Re -Sodding 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 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. S. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. Formatted: Default — ---- -- FY 15-PRO1 Rectangular Athletic Field Re -Sodding 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. FYI 5-PR01 Rectangular Athletic Field Re -Sodding C C I GRO PNCE ,Vlore than a policy. A promise. GENERAL POWER OF ATTORNEY 10-020932 Know all r -nen by these presents: That the FOCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute arid appoint: Angie Ferguson; Christy Lackey; Fred Mitchel!; Carrie J Key: Keith H Di!lon; Emmett H Hall Each, its true and lawful Attorney -In -Fact, io make, execute, seal and deliver, for and on its behalf as surely, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $5,000,000): $5,000,000.00 T. ".Is Pe�r,;er of A iorney is made and executed by authority of a Resolution adopted by the Board of Directcr . That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile si;rnatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In wiTness whereof, the FCCI Insurance Company has caused these presen s to be signed by It duty authorize:: officers and its corporate Seal to be hereunto affixed, this 22"u day of September _2011 . Attest: _ I` %� cel• o _ ___ = •� • gin, o; , ; __._ `�.. _ frai hn n, President Thom .Koval Esq.. EV;", Chie, 'Officer, SE'.AL * CCI ns ur< ce Company Gov ,ent A fairs and Corporate Secretary FOCI Insurance Company State of Florida County of Sarasota Before me this day personaily appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission. expires: 9!2512016 MYC•*1M25 20 6 G� No. EE 213092 Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE CUEMAN My commission expires: 9/25/2016 "Ptjbc sweofFlond. MY Cantu. EVk" Sept 25, 2016 --- No, EE213092 Notary Public CERTIFICATE !, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is rfOw in force. / � Dated this J day of Gov r ent Affairs and Corporate a tary r -ZONA -3592 -NA -04, ?04 ?�4 SENSITIVE SHC CQ ^ncuGaro �M46 .1nia,ns: <?r. rig u,tograph. .1i pnnnnd or. :;order °c"NNw e4 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the roposal and certify that I am authorized to sign this proposal for the propos r. I further cet 'ly` 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 45-11 et seq. ave `ot been 4io a nd will not be violated in any respect. Authorized Si -nature/ X , Z ;:., � � a // Date 4 /3 0/ 15 Print/TypeName Rebecca Martin Print/Type Company Name Here Tri Scapes , Inc. CORPORATE CERTIFICATE I, Quinn Martin , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Rebecca Martin who signed said bid in behalf of the Contractor, was then (title) 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 30th dayof April .20 15 (Seal) (Signature) FX 15 -PRO 1 Rectangular Athletic Field Re -Sodding 17 ,,, ,' [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not X propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: Tri Scapes , Inc. FYI 5-PRQI Rectangular Athletic Field Re -Sods [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § I3-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. 123689A 1 EEV / Basic/Pi it Program Us r` Identification Number BY: Authorized Officer or Xgent Date Tri Scapes, Inc. (Print Contractor Name) President1CF0 Title of Authorized Officer or Agent of Contractor Rebecca Martin Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN ,0ji11#11p101 BEFORE ME ON THIS THE 30th DAY OF April°•'°�ONp'in°®' NotaRy'Publi My Commission Expires: q q ,-1-1 (, FY15-PR01 RectanrG[Atdhletic Field Re -Sodding �. [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE SECTION A: INDIVIDUAL FIELD RE -SODDING ITEM ITEM ESTIMATED UNIT NUMBER DESCRIPTION UNITS QUANTITY PRICE Hopewell Middle School SF 15,300 $1.16 (Unit Price in Words) One and 16/100 dollars Cogburn Woods Elementary School SF 17,800 $1.14 (Unit Price in Words) nnP and 14/100 dollars Friendship Community Park SF 11,449 $1.19 (Unit Price in Words) One and 19/100 dollars FYI 5-PROI Rectangular Athletic field Re -Sodden g � g SECTION B: BID ALTERNATE #1 - ALL FIELDS ITEM ITEM ESTIMATED UNIT NUMBER DESCRIPTION UNITS QUANTITY PRICE Hopewell Middle School SF 15,300 $1.09 (Unit Price in Words) One and 9/100 dollars Cogbum Woods Elementary School SF 17,800 $1.09 (Unit Price in Words) One and 9/100 dollars 3 Friendship Community Park SF 11,449 $1.09 (Unit Price in Words) One and 9/100 dollars SECTION B CONSOLIDATED PRICE TOTAL: $ 4 8, 7 7 2. 2 5 I-'orty-eight thousand, seven hundred seventy-two and 25/100 dollars FYId-PR01 Rectangular Athletic Field Re -Sodding Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price". It is the intent of this project for each unit price bid to include all labor, materials, equipment, tools, transportation, mobilization, and supplies as required as necessary to complete the work in accordance with the plans, specifications as directed, including, and the terns of this project. Number of days to fully complete project (exclude weather related days) 15 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 Tri Scapes, Inc. ADDRESS 1595 Peacht ) Parkway, Suite 204,-396, Cumming, GA 30041 AUTHORIZED SIGNATURE '/ C(s PRINT/TYPENAME Rebecca Martin TITLE President l CFO FY15-PROI Rectangular Athletic Field Re -Sodding I :r [BIDDERS MUST RETURN THIS FORM 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 Tri Seapes , 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.) N/A List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description N/A Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: N/A FY15-PR01 Rectangular Athletic Field Re -Sodding :. ***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 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding PROJECT SPECIFICATIONS 4.0 RECTANGULAR ATHLETIC FIELD RE -SODDING SCOPE 4.1 Scope The contractor shall furnish all materials, equipment, and labor to complete the required construction as described in its entirety to the specifications as directed and the terms of this contract including all incidentals as directed by the City of Milton Director of Parks & Recreation or his/her representative. The scope consists of re -sodding rectangular athletic fields as specified in Section 4.2. 4.2 Descriptions The City of Milton has three (3) rectangular athletic fields that need to be re -sodded. The three (3) fields are located at: Approximate Total Square Footage Hopewell Middle School 13060 Cogburn Road 15,300 Milton GA 30004 Cogburn Woods Elementary School 13080 Cogburn Road 17,800 Milton GA 30004 Friendship Community Park 12785 Birmingham Hwy 11,449 Milton GA 30004 4.3 Evaluation The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. 4.4 General Notes: 1. The contractor is responsible for contacting Milton Parks & Recreation staff prior to each field's re -sodding date. 2. To bid on this contract, the Contractor must hold a current Georgia Contractor License issued by the State of Georgia. 3. The contractor must have a minimum experience requirement of two (2) like -kind projects in Sports Field Renovation and/or School Field Renovation. 4. The contractor shall submit with the bid a qualification sheet listing two (2) like kind projects within the past five (5) years that meet the experience requirement along with references. FYI 5-PR01 Rectangular Athletic Field Re -Sodding In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. SPECIAL PROVISIONS This work shall consist of clearing, erosion control, grading, turf & landscaping, and other materials associated with this contract. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. Sod All sod to be Zoysia Japonica `Emerald' and blue -tag certified. Sod shall be a species recommended by an experienced local A.N.A.-certified nursery, grown in a nursery equipped for the production of such sod and capable of meeting the published State Standards for Certification. It shall have been mowed regularly, fertilized and fumigated and shall be free of diseases and harmful insects at the time of delivery. Sod shall be delivered in strips one foot wide and two feet or longer as soil and species permit or in rolls not over six feet long. Sod shall have a minimum of one inch thickness including roots and soil. Sod bearing holes or thinned root pad, i.e. less than ''/2" shall be rejected. Sod shall be free of weeds, nut grass, crab grass and other invasive plants Grassing LANDSCAPE MATERIALS A. General: Includes soil preparation, applying fertilizer, planting and maintenance as required to produce an acceptable stand of grass on the re -sodded areas. 1. Any damage to planting soil by erosion, construction equipment, construction operations, or other damage shall be repaired prior to application of fertilizer. Finished surface shall be smooth and even. 2. Irrigation system shall be reviewed and approved by Owner's Representative prior to planting seed, sprigging or laying sod. B. Soil Preparation: After the area to be grassed has been brought to finished grade, prepare the soil by thoroughly loosening the area by plowing, discing, harrowing, or scarifying until these areas are friable, well pulverized and acceptable to the Owner's Representative. Add 1" of Owner approved topsoil. Any irregularities in the surface resulting from the above operation or from other operations by the Contractor shall be smoothed out before any subsequent operations are begun. All roots and stones larger than 1" in any dimension, stumps and other foreign material detrimental to final grading, proper bonding, the rise of capillary moisture, or the proper growth of the desired plantings shall be removed. 1. The completed surface shall conform to the finished grades or subgrades and shall have a smooth pulverized surface at the time of planting. Any irregularities shall be corrected before the lime and fertilizer are placed. 2. Spread lime and fertilizer over the prepared surface before turning. Fertilizer and lime shall be sufficient to correct irregularities in the soil based on soil tests for the specified turf. Turn the soil one last time the day before planting FY15-PRO1 Rectangular Athletic Field Re -Sodding or placing sod. C. Sodding 1. Prepare planting bed as described for seeded areas except that fine graded soil shall be 1 inch below finished grade. 2. Stored sod of the species required in the schedule shall be kept moist prior to laying. Wet all areas prior to sodding. 3. Wet all areas immediately prior to sodding. 4. Unroll the sod on the prepared soil. Lay the strips parallel with the strip ends staggered as in bricklayers' running bond pattern. Press each successively laid strip snugly up against the one next to it. Fill cracks, holes, joints with clean, loose sand, free of all grass and plant seeds. Remove netting from back of sod prior to installation. 5. Watering, fertilizing and rolling shall be done by the Contractor as described under "Maintenance of Sodded Areas" below. D. Maintenance of Sodded Areas: The Contractor shall be responsible for maintaining sodded areas by properly watering, weeding and mowing the grass until an acceptable stand has been produced, and been accepted by the Owner. MATERIALS 1. A stand shall be considered acceptable when 95% of the total sodded area has been covered with grass and no bare areas greater than one 6" square exist. All cracks, joints, dips, pits and other irregularities in the surface must have been corrected by top dressing with sand. 2. The Contractor shall be responsible for re -sodding all bare areas greater than one 6" square with the specified mixture and for repairing and re -sodding wash -outs and eroded areas to the original finished grade. 3. Sodded areas shall be mowed when the grass attains a height of 2 inches and as required thereafter until the acceptance of the stand. Reel type mowers, kept well sharpened, shall be used. Turf shall not be accepted until all sod has knitted together and tacked to the soil. 4. All lawn areas shall be given a top dressing of fertilizer to provide 100 pounds available nitrogen per acre when the grass has attained a satisfactory growth and the first mowing has been performed. Nitrogen shall be derived from Ammonium Nitrate or Nitrate of Soda. [aVIGI X0111111111 /:l`►11] Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The time of completion for the project is fifteen (15) calendar days from the date of the "Notice to Proceed." Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon request by the Contractor on a case by case basis. 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 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. 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. 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. Contractor will be responsible for replacing any work performed at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. FYI 5-PRO1 Rectangular Athletic Field Re -Sodding SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Release of ITB March 25, 2015 Deadline for Written Questions April 7, 2015 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) April 14, 2015 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due April 21, 2015 at 2:00 p.m. Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Contract Award (On/about) May 18, 2015 FYI 5-PRO1 Rectangular Athletic Field Re -Sodding HOME OF ESTABLISHED 2006 ACKNOWLEDGEMENT CEI]PT OF ADDENDUM][ #1 ITB 15-P OI 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: 678-242-2507 Fax: 678-242-2499 Email: honor.motes(i�,cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Tri Scapes, Inc. CONTACT PERSON: Ryan Hogan ADDRESS: 1595 Peachtree Parkway, Suite 204-396 CITY: Cumming STATE: GA ZIP: 30041 PHONE: 770-752-4698 FAX: 770-752-6792 EMAIIJA-DDRESS:'i ryan@triscapes.com 4/15/15 Signat,�'re 'j �� Date ADDENDUM #1 l ` ITB 15 -PRO 1 — Addendum #I 'Oft beend Result Report 19 K901ERB MFP 'TA Ka'fa 35516 04/15/2015 07:48 Firmware Version 2N42000.003.032 2014.01.16 [2N41000.002.0011 [2N4_1100.001.0021 [2N4_7000.003.0321 11IMENEIIIIINIM I WEIME - =1117/111�11 Job No.: 012494 Total Time: 0'01'16" Page: 002 Document: doc01249420150415074326 .HOME QF THE BEST GUALRY 0F,LIFE jLja.E.0RGLA' MMIL10i I -I'm ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 IT1315-PRO2 Upon molpt of documents, please email, fax or mail this page to: No. Date and Time Destination 001 04/15/15 07:44 6782422499 City of Milton Attn: How Mqfts, Pur0asing 00oe 13000 Deerfield Fl-,vy Suite 107F Milton, GA 30004 Phone. 678-2422507 Fax: 678-242-2499 Email: honor.motesAcity ofmiltongams Times Type Result 0'01'16" FAX OK Resolution/ECM 200x100 Normal/On 1 ( L8H4201545 1 HOME OF'!_:-. E, ESTABLISIIED 2006 ACKNOWLEDGEMENT CEIPT OF ADDENDUM #2 ITP 15-PRO1 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: 678-242-2507 Fax: 678-242-2499 Email: honor. motes6Dcityofmiltonra.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANYNAME: Tri Scapes, Inc. CONTACT PERSON: Ryan Hogan ADDRESS: 1595 Peachtree Parkway, Suite 204-396 CITY: Cumming STATE: GA ZIP: 30041 PHONE: 770-752-4698 FAX: 770-752-6792 EMAIL -ASD +-SSt\l( @triscapes . com '',) )f,� 4/22/15 Signature I (� Date ADDENDUM 41 \ ITB I5 -PRO I - Addendum 92 Send Result Report 18KYOUR111 111 Job No.: 012946 Total Time: 0°00'09" Page: 001 Document: docO129462O15O4221O2358 HOME OPTHE BEST QUALITY OF LIFE IN GEORGIA` ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 15-PROl Upon receipt of documents, please -email, fax or mail this page to: No. Date and Time Destination 001 04/22/15 10:24 6782422499 City of Milton Attn: Honor Motes, Purchasing Office 13040 Deerfield Pkxvy Suite 1.07F Milton, GA 34004 Phone: 4578242-2507 Fax: 678-242-2499 Email; hmor.motesA ityo(miltonaams Times Type Result 0°00'09" FAX OK Resolution/ECM 200x100 Normal/On [ L8H4201545 1 License No. GCC0003381 Status: Active Expires: 6/30/2016 Issued: 11/23/2011 Tri Scapes Inc 380 Mullinax Road Alpharetta GA 30004 Rebecca Martin 111111111111111111111111111111111111 1111111111111 Real-time license verification is available at sos.georgia gov/PLB Above is your license issued by the Georgia State Board of Residential and General Contractors. A pocket -sized license card is below. Please make note of the expiration date on your license. It is your responsibility to renew your license before it expires. License renewals may be completed prior to the expiration date via the Board's website or by obtaining a paper renewal from the Board office. Reminder: It is your responsibility to keep your insurance current. Please provide the Board with a copy of your Certificate of Insurance each time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. It is the licensee's responsibility to notify the board office immediately of any change of name or address. You may update your address online at the board's website at www.sos.ga.gov/plb/contractors/ . You may contact the Board at: GEORGIA STATE BOARD FOR RESIDENTIAL & GENERAL CONTRACTORS 237 COLISEUM DRIVE, MACON, GEORGIA 31217-3858 478-207-2440 (phone) website: www.sos.ga.gov/plb/contractors/ 9 STATE OF GEORGIA Brian P. Kemp, Secretary of State Board for Residential and General Contractors General Contractor Company License No. GCC0003381 - Active Tri Scapes Inc 380 Mullinax Road Alpharetta GA 30004 Issued: 11/23/2011 Expires 6/30/2016 Rebecca Martin Real-time license verification is available at sos.georgia.gov/PLB STATE OF GEORGIA Brian P. Kemp, Secretary of State a Board for Residential and General Contractors General Contractor Company License No. GCC0003381 Status: Active Expires: 6/30/2016 Issued: 11/23/2011 Tri Scapes Inc 380 Mullinax Road Alpharetta GA 30004 Rebecca Martin 111111111111111111111111111111111111 1111111111111 Real-time license verification is available at sos.georgia gov/PLB Above is your license issued by the Georgia State Board of Residential and General Contractors. A pocket -sized license card is below. Please make note of the expiration date on your license. It is your responsibility to renew your license before it expires. License renewals may be completed prior to the expiration date via the Board's website or by obtaining a paper renewal from the Board office. Reminder: It is your responsibility to keep your insurance current. Please provide the Board with a copy of your Certificate of Insurance each time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. It is the licensee's responsibility to notify the board office immediately of any change of name or address. You may update your address online at the board's website at www.sos.ga.gov/plb/contractors/ . You may contact the Board at: GEORGIA STATE BOARD FOR RESIDENTIAL & GENERAL CONTRACTORS 237 COLISEUM DRIVE, MACON, GEORGIA 31217-3858 478-207-2440 (phone) website: www.sos.ga.gov/plb/contractors/ 9 STATE OF GEORGIA Brian P. Kemp, Secretary of State Board for Residential and General Contractors General Contractor Company License No. GCC0003381 - Active Tri Scapes Inc 380 Mullinax Road Alpharetta GA 30004 Issued: 11/23/2011 Expires 6/30/2016 Rebecca Martin Real-time license verification is available at sos.georgia.gov/PLB ATri Scapes Sports Field and School Field Renovations 1. Company Name: Cherokee County Board of Education Brief Description of Project: Cherokee County Athletic Field Renovations — Demos existing and install sod at Creekview High School Practice and Stadium Fields, Sequoyah High School Practice Field, River Ridge High School Practice and Stadium Fieids, Woodstock High School Practice and Stadium Fields, Etowah High School Practice Field and Cherokee High School Practice Field Completion Date: 2014 Contact Person: Randy Evans, Supervisor of Maintenance Telephone: 770-479-4268 ext. 8441 Fax: 770-720-4018 Email: randv.evans@cherokee.k12.ga.us 2. Company Name: City of Alpharetta Parks & Recreation Department Brief Description of Project: Demo existing and replace sod at Webb Bridge Park Upper Soccer Field Completion Date: 2014 Contact Person: Danny Vaughan, Park Supervisor Telephone: 770-851-0972 Fax: 678-297-6101 Email: dvaughan@alpharetta.ga.us 3. Company Name: City of College Park Brief Description of Project: Bill Badgett Stadium Practice Field Renovation - Striping, scarifying and plowing ground of existing field, root zone, laser grading, installation of irrigation system including 500' of mainline to source to controller and installation of sod. Completion Date: 2012 Contact Person: Keith James, Director of Recreation Telephone: 404-669-3767 Fax: 440-669-3799 Email: kiames@collegeparkga.corn 4. Company Name: Paulding County School District Brief Description of Project: North Paulding County High School — Fine grade areas where sod is being replaced and check with laser to ensure proper drainage, repair any irrigation parts and install replacement sod. Completion Date: 2014 Contact Person: Greg Cherry, Assistant Principal/Athletic Director Telephone: 770-443-9400 ext. 42003 Fax: 678-363-8544 Email: GCherry@pauldingAl2.ga.us EXHIBIT "C" BONDS PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and FCCI Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of forty eight thousand, seven hundred seventy two dollars and twenty five cents ($48,772.25), 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, finely 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 Rectangular Athletic Field Re -Sodding, (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and 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 Conti -actor'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 Attest: Title: ,cYl/fZ`( Date: (SEAL) Attest: r Date: day of , 2015. Tri Scapes, Inc. By: G Title: (SEAL) Title: Attorey In Fact (ATTACH SURETY'S POWER OF ATTORNEY) PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and FCCI Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of forty eight thousand, seven hundred seventy two dollars and twenty five cents ($48,772.25), 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 Rectangular Athletic Field Re -Sodding (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, 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. Tri Scapes, Inc. Title: TF r—sl,&VL. l ( Fo (SEAL) (Signatures Continued on Next Page) Attest: Title:`"e��`i y Date: (SEAL) Attest: Date: FCCI Insurance Company Tit (ATTACH SURETY'S POWER OF ATTORNEY) FCCI INSURANCE GROUP More than a policy. A promise. GENERAL POWER OF ATTORNEY 10-020942 Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Angie Ferguson: Christy Lackey; Fred Mitchell; Carrie J Key; Keith H Dillon; Emmett H Hall Each, its true and lawful Attorney -In -Fact, to make, execute. seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sur of (not to exceed $5,000,000): $5,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FOCI Insurance Company has caused these presens to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed; this 221D day of SeptN ember 2011 Attes �Craiiinn, President °� F ` Thoma . Koval Esq., EVP, Chie • Officer, FCCI nsur:�., ce Company SEAL Govi3oftent Affairs and Corporate Secretary 4,oss�yr FCCi insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE CUEMAN My commission expires: 9/25/2016 Notarya4,zee�2... MY COMM E0a Sept. 25, 2016 No. EE 213092 Notary Public State of Fiorida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARLENE CUEMAN My commission expires: 9/25/2016 �Pubk,SweofFlorida p Mr Comm. EVinN Sept. 25, 2016 No. EE 213092 Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this day of , Thoma . Koval, Esq., EVP, ' Legal Officer, Gov*LgMent Affairs and Corporate e retary 1-10NA-3592-NA-0A, 9,14 i, S�l SENSITIVE SHS I DocuGard #`04546 contains a security pantograph, blue background, heat -sensitive ink, coin -reactive watermark, and microtext printing on border. eFSwTN MEA1 oPto� EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON 9becc." M.0 Ji Vl , being first duly sworn, deposes and says that: (1)>He is ?rc-. i'1e—. C Fc, (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, 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 age s, epresentatives, owners, employees, or parties in interest, including this affidavit. 6) Proposer s t irectly or indirectly violated O.C.G.A. § 36-91-21(d). rCl�' GG� Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO THIS5� DAY OF NotaYy IPJlic %111111#1o, HpMBF o,��i 00:cStj�����Y�� Vb a I T' t�l �w.�o urs y •• • ^• My Commission Expires 7- Irt-i� �i�EE�COV���`�` Date 111111WO 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 contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "F" Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. 12 ?�'&I� l siic� Pilot Pro m ser Identification Number BY: Authorized Officer br Agent Date Tri Scapes, Inc. �►'es►dot � GFS Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF At a q 2015 GNAM8%-"ezo - . -.,� Notary lic �^; e ��Y 9F�;41.0 My Commission ExpRq:iS =o _ cr No LUZ n '� pVOV ob. CO 2 • a• %y(t9so JUL,( 1%.X .` 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 Tri Scapes, Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Print Subcontractor Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 2015 Notary Public My Commission Expires: Ak n® CERTIFICATE OF LIABILITY INSURANCE DATE 5/6/2015 rr' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PointeNorth Insurance Group, LLC PO Box 724728 Atlanta GA 31139 CONTACT AngieFerguson Fer NAME: g g PHONE fAIC.. (770)858 -7540 AIC No: (770)858-7545 E-MAIL gusonP ADDRESS: r afe@ ointenorthins.com INSURERS AFFORDING COVERAGE NAIC it INSURER A Association Casualty Ins. A- 35629 INSURED Tri Scapes, Inc. QR Martin 1595 Peachtree Pkwy #204-396 Cumming GA 30041 INSURERB:COlumbia National Ins Co. A- 19640 INSURER C:Technology Insurance Co. A 42376 INSURER D: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:CL1412134867 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS Milton, GA 30004 GENERAL LIABILITY William Skeeles/FN2 EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X CMPGA0000103106 2/1/2014 2/1/2015 DAMAGE TO RENTED300 000 PREMISES Ea occurrence $ � MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LA GGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULEDX AUTOS AUTOS APGA0000030032 2/1/2014 2/1/2015 BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ UPGA25024 2/1/2014 2/1/2015 C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE H- R I I OTR WC IS E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E]N (Mandatory in NH) / A C3423466 /1/2014 /1/2015 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 1 000 000 A INLAND MARINE M4PGA0000103106 2/1/2014 2/1/2015 LEASED/RENTED $250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: FY15-PROl Rectangular Athletic Field Re -Sodding. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) INS02.5 (gninmi m ©1988-2010 ACORD CORPORATION. All rights reserved. The Ar f)Pn nnme nnrt Innn nrn renie4ereA mnrkc of ArORn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager AUTHORIZED REPRESENTATIVE 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 / William Skeeles/FN2 ACORD 25 (2010/05) INS02.5 (gninmi m ©1988-2010 ACORD CORPORATION. All rights reserved. The Ar f)Pn nnme nnrt Innn nrn renie4ereA mnrkc of ArORn CA -500 (7-09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. COVERED AUTOS SECTION 1 — COVERED AUTOS, Paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction. B. LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage, 1. Who Is An Insured is amended to include the following: d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured' under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured' under any other policy, (3) That has exhausted its Limit of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. CA -500 (7-09) Page 1 of 7 CA -500 (7-09) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the locations(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section 11. C. Limit of Insurance. For any covered "auto" you own, this Coverage Form provides primary coverage. SECTION 11 — LIABILITY COVERAGE in Paragraph A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended to replace the following: (2) We will pay up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) We will pay all reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day, because of time off from work. SECTION II — LIABILITY COVERAGE in Paragraph B. Exclusions, 6. Care, Custody Or Control is amended by adding the following: This Care, Custody Or Control exclusion does not apply to property not owned by any "insured", subject to the following: a. The most we will pay under this exception for any one "accident" is $1,000; and b. A deductible of $500 per "accident" applies to this exception. C. PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: Paragraph 2. Towing under A. Coverage is replaced with: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled. CA -500 (7-09) Page 2 of 7 CA -500 (7-09) (a) For private passenger type vehicles or "light trucks", we will pay up to $75 per disablement. "Light trucks" have a gross vehicle weight (GVVV) of 10,000 pounds or less. (b) For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" have a gross vehicle weight (GVVV) of 10,001 lbs. to 20,000 pounds. However, the labor must be performed at the place of disablement. Paragraph 4. Coverage Extensions, a. Transportation Expenses under A. Coverage is amended to provide the following limits: We will pay up to $50 per day to a maximum of $1,500. All other terms and provisions of this section remain applicable. The following is added to 4. Coverage Extensions: C. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. CA -500 (7-09) Page 3 of 7 CA -500 (7-09) (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $35 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION 111 — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". Personal Effects does not include tools, jewelry, guns, musical instruments, money or securities. Audio, Visual and Data Electronic Equipment Coverage We will pay for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in a covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". (1) We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. (2) In addition to the exclusions that apply to Physical Damage Coverage, with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusion applies: We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a) Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or CA -500 (7-09) Page 4 of 7 CA -500 (7-09) (b) Both: An integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. (3) With respect to this coverage, the most we will pay for all "loss" of audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: (a)The actual cash value of the damaged or stolen property as of the time of the "loss"; (b) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. Paragraph 3. under B. Exclusions is amended by adding the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. Paragraph C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease / loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; CA -500 (7-09) Page 5 of 7 CA -500 (7-09) (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Paragraph D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. D. CONDITIONS SECTION IV — BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions Coverage is amended as follows: The following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for- profit organization. The following language is added to 5. Transfer of Rights of Recovery Against Others to Us: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage". SECTION IV — BUSINESS AUTO CONDITIONS, Subsection B. General Conditions Coverage is amended as follows: The following is added to 2. Concealment Misrepresentation or Fraud: Your unintentional error is disclosing or failing to disclose any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. CA -500 (7-09) Page 6 of 7 CA -500 (7-09) Paragraph 5.b. of 5. Other Insurance is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any covered "auto" you lease, hire, rent or borrow; and (b) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $50,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. E. DEFINITIONS SECTION V — DEFINITIONS, Paragraph C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. The definition of "bodily injury" is amended to include mental anguish resulting from any bodily injury, sickness or disease sustained by a person. CA -500 (7-09) Page 7 of 7 CG -501 (2-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER SUPPLEMENT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following supplemental coverages apply only to contractor classifications covered by this policy: SECTION 11 —WHO IS AN INSURED The following paragraph is added: S. Any person or organization whom you have agreed in writing in a contract or agreement, prior to a loss, that such person or organization be added as an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" for the additional insured and included in the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, the insurance provided is primary insurance and we will not seek contribution from any other insurance available to the additional insured as long as you and the additional insured have agreed in writing in a contract or agreement executed prior to a loss that such person or organization be added as an additional insured on a primary non-contributory basis. CG -501 (2-13) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 1,336.00 N This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. U a Endorsement Effective 7/1/2014 Policy No. TWC3423466 Endorsement No. WC000313 Insured Tri Scapes, Inc Premium $ 49051 Nil 1O0 Insurance Company Technology Insurance Company N O +' Countersigned by 99 Cn N N 0 1983 National Council on Compensation Insurance. CG -500 (7-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph (2) is replaced under 2. Exclusions, g. Aircraft, Auto Or Watercraft by the following: (2) A watercraft you do not own that is: (a) 50 feet or less; and (b) Not being used to carry persons or property for a charge; Paragraph (4) is replaced under 2. Exclusions, j. Damage To Property by the following: (4) Personal property in the care, custody or control of the insured. However, coverage for personal property in the care, custody or control of the insured will be covered up to $10,000 per "occurrence" subject to a $1,000 per claim deductible. The aggregate limit for this coverage is $20,000. The following paragraph is added to 2. Exclusions, j. Damage To Property: This exclusion does not apply to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The most we will pay for water damage to the premises, however, is $25,000. This amount shall not be in addition to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. The following is added to 2. Exclusions, n. Recall Of Products, Work Or Impaired Property: This exclusion does not apply to "product recall expenses" that you incur for the "covered recall' of "your product". However, the following additional exclusions apply to "product recall expense": (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean-up resulting from asbestos or asbestos containing materials; (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found; (9) "Bodily injury" or "property damage"; (10) Any actual or alleged violation of any copyright, patent, trade dress, trademark, trade name, trade secrets, or any other intellectual property right laws; or (11) "Product recall expenses" you incur for "your products" which are excluded from any other insurance written by this company. The most we will pay for "product recall expense" arising out of the same defect or deficiency is $25,000 per occurrence. CG -500 (7-13) Page 1 of 8 CG -500 (7-13) The last paragraph under 2. Exclusions is replaced by the following: With respect to the premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c., d., e., g., h., j., k., I., m., and n. do not apply to "property damage". A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B The following is revised: 1.b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED Paragraph 3. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injuryarising out of an offense committed before you acquired or formed the organization; d. "Product recall expense" does not apply to "product recall expenses" arising out of any withdrawal or recall that occurred before you acquired or formed any organization; and e. If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. But, this provision only applies if you maintain or maintained an interest of at least 50 percent in that partnership or joint venture for the period of that relationship. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than 36 months. This coverage extension will be excess over any other coverage, on any basis, available to the insured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. The following paragraphs are added: 4. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. CG -500 (7-13) Page 2 of 8 CG -500 (7-13) However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 5. Any person(s) or organization(s) (referred to below as vendor) but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG -500 (7-13) Page 3 of 8 CG -500 (7-13) With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. With respect to the insurance afforded to these additional insureds the following is added to Section 111— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 6. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG -500 (7-13) Page 4 of 8 CG -500 (7-13) A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. 7. Any person(s) or organization(s) but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance show in the Declarations. SECTION III — LIMITS OF INSURANCE The following paragraphs are replaced by the following: 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and "product recall expense". 6. Subject to 5. above, the Damage To Premises Rented To You Limit of $300,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is $10,000. CG -500 (7-13) Page 5 of 8 CG -500 (7-13) Coverage is amended to include the following: Designated Location General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which can be attributed only to operations at a single designated 'location": a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Location General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per "location". b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated 'location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated 'location". d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to operations at a single designated "location": a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of Designated Location General Aggregate Limit, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadway, waterway or right-of-way of a railroad. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. Designated Construction Project General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C ( SECTION 1), which can be attributed only to ongoing operations at a single designated construction project: a. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Construction Project General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per designated construction project. CG -500 (7-13) Page 6 of 8 CG -500 (7-13) b. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit- for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION 1), and for all medical expenses caused by accidents under Coverage C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expenses": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; (3) As often as may be reasonably required, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us to take damaged and undamaged samples of "your product" for inspection, testing, and analysis, and let us make copies of your books and records. (4) Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and (5) Permit us to examine under oath, away from the presence of other insureds, at such times as may reasonably be required, about any matter, relating to this insurance or your claim, including any insured's books and records in the event of an examination. An insured's answers must be signed. CG -500 (7-13) Page 7 of 8 CG -500 (7-13) (6) Cooperate with us in the investigation or settlement of the claim. Coverage is amended to include the following: Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Transfer of Rights of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver, however, applies only when required to waive such right of recovery by written contract with that person or organization. Knowledge Of Occurrence, Claim, Suit Or Loss The requirements for reporting and sending claim or "suit" information to us, including provisions related to the subsequent investigation of such claims or "suits," do not apply until after the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive office" or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. SECTION V - DEFINITIONS The following are added to SECTION V - DEFINITIONS: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense" means necessary and reasonable expenses for: a. Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; b. Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; c. Remuneration paid to your regular "employees" for necessary overtime; d. Hiring additional persons other than your regular "employees"; e. Expenses incurred by "employees" including transportation and accommodations; f. Expense to rent additional warehouse or storage space; g. Disposal of "your product", but only to the extent that speck methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; you incur exclusively for the purpose of recalling "your product"; and h. Transportation expenses incurred to replace recalled products. CG -500 (7-13) Page 8 of 8 EXHIBIT "G" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Tri Scapes, Inc. or any of its subcontractors in connection with the Rectangular Athletic Field Re -sodding 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 0 _who under oath deposes and says that he is Tri Scapes, Inc. that he has read the above statement and that to the belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires of the firm of best of his knowledge and M HOME OF ' FSTA ilLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 12, 2015 FROM: City Manager AGENDA ITEM: Approval of the First Amendment to the Agreement for Outside Providers between the City of Milton and Newtown Recreation, Inc. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: x APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 9 YES () NO CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO APPROVAL BY CITY ATTORNEY k APPROVED () NOT APPROVED PLACED ON AGENDA FOR: p I Qa s REMARKS © YaM *.* PHONE: 678.242-25001 FAX: 678.242.2499 al o, Green infoQcityofmiltonga.us I www.cityofmiltongo.us uILDLIFE Community i 'h; 13000 Deerfield Parkway, Suite 107 1 Mifton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on May 12, 2015 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of the First Amendment to the Agreement for Outside Providers between the City of Milton and Newtown Recreation, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of the first amendment to the agreement for outside providers between the City of Milton and Newtown Recreation, Inc. Executive Summary: Newtown Recreation, Inc. is an established partner providing Parks and Recreation programming in the city. This amendment allows Newtown Recreation to become our partner on Camp Joyful Soles, a program that they have not previously been involved with. Partnership with Newtown Recreation is required for the City to operate Camp Joyful Soles at the Community of Christ Church this summer. Funding and Fiscal Impact: There is no financial impact as a result of this amendment. Alternatives: If this amendment is not approved, we will be unable to operate at the Community of Christ Church and Camp Joyful Soles will be shut down for this year. Legal Review: Paul Higbee – Jarrard & Davis (April 29, 2015) Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) First Amendment To Agreement For Outside Providers HOME OF `7HE BEST QUALT'v OF LIFE IN GEORGIA' V L ESTABLISHED 2006 FIRST AMENDMENT TO AGREEMENT FOR OUTSIDE PROVIDERS WHEREAS, the City of Milton, Georgia ("City") and Newtown Recreation, Inc. ("Consultant") have entered into a Professional Services Agreement (the "Agreement") dated January 21, 2015, incorporated herein by reference, for the provision of summer sports camp services at various locations; and WHEREAS, the parties desire this J day of / !GM , 2015 to issue this First Amendment pursuant to Section 10.1 of the Agreement addinj a new location for the provision of such services, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 1.1 of the Agreement is amended by adding the following additional location: 3315 Francis Road, Milton, GA 30004 (the "New Location"). 2. Consultant has entered into, or shall enter into, a lease agreement with Stephen M. Jones, Presiding Bishop, as Trustee for Community Church of Christ a/k/a Reorganized Church of Jesus Christ of Latter Day Saints, Atlanta North Congregation ("Landlord") for use of the New Location, and the provisions of this First Amendment shall only apply so long as such lease agreement remains in place. 3. All counselors at the New Location shall be provided by the City at its sole expense. 4. The City shall also be responsible for all of the following costs: rental to Landlord for the New Location; bus rentals, fees associated with external programs (e.g. Art Therapy, Drama Therapy, Happy Trails); and all supplies. 5. Consultant shall owe no commission to the City regarding the New Location. 6. Except as amended by this First Amendment, it is agreed by the parties hereto that all of the other terms and conditions of the Agreement shall remain in full force and effect. Upon execution by all parties, this First Amendment shall be attached to and form a part of said Agreement. [SIGNATURES ON THE FOLLOWING PAGE] 3TMJ ou -a.. PHONE: 678.242.25001 FAX: 678.242.2499 �� enr� n info@cityofmiltonga.us � E him I www.cityollmilfonga.us ''® 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004x° � Amendment #I IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to e duly executed by their duly authorized officers as of the day and year set forth nexttoh signature. Newtown Recr tion, Inc . Signature: B don All reside SIGNED, SEALED, AND DELIVERED in the presence of: Attest: Notary Public [NOTARY SEAL] My Commission Expires: I Assistant Secretary [AFFIX CORPORATE SEAL] CITY OF MILTON: By: Its: SIGNED, SEALED, AND DELIVERED in the presence of - Witness Notary Public [NOTARY SEAL] My Commission Expires: [CITY SEAL] HOME OF' , % FSTA t3L1SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Approval of the following Subdivision Plats: Name of Development Action Comments Minor Subdivision Sharon Danville Plat Create 3 lots Minor Subdivision R Venture, LLC Plat Create 2 lots Ronnie Glen Smith & Debra Dookeran Minor Subdivision Combine lots 2 & 3 and Plat remove propeq line Liverato-McDonell Subdivision Minor Subdivision Revised Survey of lots IA, Plat Revision 1 B &2 The Manor Enclave — Phase I Final Plat Create lots 1-7 and 45-49 Deerfield Green — Phase IV Final Plat Revise lots 102-110 and Revision eliminate lot 360 MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum Your PHONE: 678.242.25001 FAX: 678.242.2499 Green ,i.r;�iF; 1; t=h;�hic infoC�?cityofmiltonga.us I www.cityofmiitonga.us kCommunity � y e�s� 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 APPROVAL BY CITY MANAGER: (j�APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (YNO CITY ATTORNEY REVIEW REQUIRED: O YES o�O APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: d / 0 / �c- co � REMARKS To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on May 6 for the May 18, 2015 Regular Council Meeting Agenda Item: Approval of Subdivision Plats ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Name of Development Action Comments Sharon Danville Minor Subdivision Plat Create 3 lots R Venture, LLC Minor Subdivision Plat Create 2 lots Ronnie Glen Smith & Debra Dookeran Minor Subdivision Plat Combine lots 2 & 3 and remove property line Liverato-McDonell Subdivision Minor Subdivision Plat Revision Revised Survey of lots 1A, 1B &2 The Manor Enclave – Phase I Final Plat Create lots 1-7 and 45-49 Deerfield Green – Phase IV Final Plat Revision Revise lots 102-110 and eliminate lot 360 Plat Revision Staff Memo Page 2 of 2 Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): None. HOME OF ' E7,BL1SHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 11, 2015 FROM: City Manager AGENDA ITEM: Proclamation Honoring Cambridge and Milton Students who Chose to Serve their Country in a Military Career. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED O NOT APPROVED CITY A TTORNEY APPRO VAL REQUIRED: O YES ) NO CITY ATTORNEY REVIEW REQUIRED. () YES K NO APPROVAL BY CITY ATTORNEY () APPROVED ()NOT APPROVED PLACED ON AGENDA FOR: D S r g l s REMARKS q44 youn PHONE: 678,242.25001 FAX: 678.242.2499 Green ; Certised* ToP iou info@cityofmilfongca.us I www.cifyofmilfonga.us WILDLEFF Community Erh;'f 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 Honoring Cambridge and Milton students who chose to serve their country in a military career WHEREAS, one of the main responsibilities of our Federal Government is to provide for the National Defense; and WHEREAS, the branches of the United States Military have a long and prestigious history of shaping and producing the finest young minds in America – producing not only soldiers, but also scholars, national leaders and diplomats; and WHEREAS, every year, thousands of students across America choose to pursue both higher education and military service by attending U. S. military service academies, military universities, or enrolling in officer training programs; and WHEREAS, in order to qualify for selection, these students must excel in academic, athletic and leadership abilities; and WHEREAS, these students will be developed mentally, morally and physically and will be imbued with the highest ideals of duty and loyalty, and with the core values of honor, courage and commitment before being commissioned as officers; and WHEREAS, through their dedication, these students have displayed exemplary character by choosing to better serve their country, their community, their families and themselves at a time in their lives when such an important choice is honorable; and WHEREAS, Cambridge High School students: Jaiden Carter will join the Marines; Kassan Johnson will join the Navy; Ethan Jones will attend the Air Force ROTC program at Georgia Tech; Brittain Spurka will attend the Army ROTC program at the University of Georgia. Milton High School students: Cory Amick will attend the ROTC program at the University of Georgia; Connor Cole has been appointed to the United States Merchant Marine Academy; Joseph Leckemby will join the Marines; Nick Steinhaus will attend the Military Academy at West Point on appointment. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby honor Milton students who choose to serve their country in a military career. Given under our hand and seal of the City of Milton, Georgia on this 18th day of May 2015. _________________________________ Joe Lockwood, Mayor HOME OF ' lot ESTABL1SHM 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Memorial Day. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS O APPROVED aS1P)1J- O NOT APPROVED 0 NO JKNO O NOT APPROVED i © you _ PHONE: 678.242,25001 FAX: 678.242.2499 Greenv ; ce«ified ; rnu Tou info@cityotmiltonga.us I www.cityofmiltonga.us ti�� Community K"Z;" f 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 Memorial Day WHEREAS, Memorial Day was first officially proclaimed on May 5, 1868 by General John Logan in his General order Number 11, and in 1968, by act of Congress, it was determined that the holiday would be observed on the last Monday in May; and WHEREAS, from the opening battles of the American Revolution through the turmoil of the Civil War, to World War I, World War II, Korea, and Vietnam, to the Persian Gulf and today’s operations in the war on terror in Afghanistan, Iraq, and all around the world, the members of our military have built a tradition of h onorable and faithful service; and WHEREAS, as we observe Memorial Day, we remember the more than one million Americans who have died to preserve our freedom, the more than 140,000 citi zens who were prisoners of war, and all those who were declared missing in action. We also honor our veterans for their dedication to America and their sacrifice; and WHEREAS, we have honor and privileges of living in a free count ry, and Georgia has a rich history of great leaders who died fighting for our great nation. Today, all who wear the uniform of the United States are serving at a crucial hour in history, and each has answered a great call to serve our nation on the front lines of freedom. Let us pray for the safety and strength of our troops, and for God’s blessing on them and their families, and for those who have lost loved ones; and WHEREAS, on this Memorial Day, we honor our fallen soldiers, and their commitment to our country and their legacy of patriotism and sacrifices of many men and women who answered the nation’s call to duty and fought with honor and valor and, in the end, gave the ultimate sacrifice to safeguard the rights of all Americans; and WHEREAS, by giving their lives in this cause of freedom, these heroes have protected and inspired all Americans and we are truly grateful for the ir sacrifice; and WHEREAS, the citizens of Milton join with people across the nation in remembrance of those who died while courageously serving their country during war. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim Monday, May 25, 2015 as Memorial Day in the City of Milton and call this observance to the attention of all of our citizens. Given under my hand and seal of the City of Milton, Georgia on this 18th Day of May, 2015. _________________________________ Joe Lockwood, Mayor E HOME OF 'THF BEST QLJAL,ITY OF LIFE: EN !-- n A' MI-LTON'11�6 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing National Public Works Week. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMAPON: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 9APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED.- () YES )(NO CITY ATTORNEY REVIEW REQUIRED: O YES kNO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: S g S REMARKS 441 It 10* Yaulm PHONE: 678.242,2500jFAX: 678.242.2499al -Green r *Cvrr1t'MJ* Fop 100 infodcityollmiltonga.us J www.cityofmiltonga.us WI Community E��; �a( 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 "0 �'a� National Public Works Week WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and, WHEREAS, such facilities and services could not be provided without the dedicated efforts of public works professionals, engineers, managers and employees, who are responsible for and must plan, design, build, operate, and maintain systems and programs such as stormwater systems, streets, bridges and sidewalk; and, WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the year 2015 marks the 55th annual National Public Works Week sponsored by the American Public Works Association. NOW, THEREFORE, we, the Mayor and the Council of the City of Milton, do hereby proclaim the week May 17-23, 2015 as National Public Works Week in the City of Milton, and we urge all to pay tribute to our public works professionals, engineers, managers and employees and to recognize the contributions which public works officials make every day to our health, safety, welfare and quality of life. Given under my hand and Seal of the City of Milton this 18th day of May, 2015. ________________________________ Mayor Joe Lockwood HOME OF' MI-LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 13, 2015 FROM: City Manager AGENDA ITEM: Proclamation Peace Officers' Memorial Day and Its Origin in Georgia MEETING DATE: Monday, May 18, 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: () YES VNO CITY ATTORNEY REVIEW REQUIRED: () YES K NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS bSlbIS ® . YOUM �. PHONE: 678.242.25001 FAX: 678.242.2499 Green ti infoftityofmlltonga.us I www.cltyofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004 f* * *t fnp tUJ * C:ertified FAR Peace Officers’ Memorial Day and its origin in Georgia WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS, Robert Forsyth of Augusta, Georgia, an American patriot who served as a captain in Lee's Legion under Henry "Light Horse Harry" Lee, was selected by President George Washington to be the first United States Marshal for the state of Georgia and became the first U.S. Marshal and first of more than 200 U.S. Marshals and Deputies killed in the line of duty; and WHEREAS, from that first tragedy to the present day, the members of the law enforcement agency of the City of Milton play an essential role in safeguarding the rights and freedoms of the City of Milton; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of the law enforcement agency, and that members of our law enforcement agency remember their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the law enforcement agency of the City of Milton unceasingly provide a vital public service; Now, therefore, I, Mayor of the City of Milton, call upon all citizens of the City of Milton and upon all patriotic, civic and educational organizations in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of the City of Milton to remember Peace Officers’ Memorial Day in honor of those law enforcement officers who, through their courageous d eeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Given under my hand and seal of the City of Milton, Georgia on this 18th Day of May, 2015. (Seal) ______________________ Joe Lockwood, Mayor WA HOME OF' E BEST ^,LITY OF LGt yz 1-.-JTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 13, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Approval of an Ordinance to Amend Milton City Code, Chapter 22, Fire Prevention and Protection MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (} NO CITY ATTORNEY REVIEW REQUIRED. YES (} NO APPROVAL BY CITY ATTORNEY WAPPROVED PLACED ON AGENDA FOR: 4 1 S REMARKS ROVED ®'Youm ® *** PHONE: 678.242.2500 FAX: 678.242.2499 Green t (crtifi'd ; fop'�a C`sty �i info@cityofmiltonga.us I www.cityofmiHonga.us D„SI1- Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -"-" .. .. ' a To: Honorable Mayor and City Council Members From: Matt Marietta, Fire Marshal Date: Submitted on May 12, 2015 for First Presentation at the May 18, 2015 Regular Council Meeting and Unfinished Business on June 1, 2015 at the Regular Council Meeting Agenda Item: Consideration of the Approval of an Ordinance to Amend Milton City Code, Chapter 22, Fire Prevention and Protection ____________________________________________________________________________ Department Recommendation: It is the recommendation of the Fire Department and the Fire Marshal, in light of development, pertinent consensus codes, and the fire protection system available to the Milton Community, that the City Code of Ordinances, Chapter 22, be amended to maximize the safety of our citizens. Executive Summary: The current Minimum state standards enforced by Milton are an amalgam of the 2012 International Fire Code (IFC), the Life Safety Code (NFPA 101), and several additional, specific standards, as adopted and amended by the State of Georgia. We also have an adopted city ordinance that addresses several items not specifically delineated by state standards. Over the past eight years, Milton has had periods of sparse development due to the decline in the national and metropolitan economy, including several developments that were approved prior to our 2007 assumption of services. As development has picked up, it was found that several items in the city adopted code did not maximize our ability to provide fire and EMS services to our citizens and that the currently adopted city codes had some internal conflict of standards. The changes in this document are aimed at increasing the clarity of city code and at making the most efficient and safe use of our resources. They are based on careful observation of development trends as well as practical experience with providing service to our community. Where available, these changes draw on portions of the 2012 IFC national consensus standards that were not specifically adopted as a state standard, but which are left to the local jurisdictions to regulate. Page 2 of 2 Funding and Fiscal Impact: No funding is required for these changes. Alternatives: Standards can continue to be enforced in the current ad hoc manner. Legal Review: Ken Jarrard – Jarrard & Davis (March 16, 2015) Concurrent Review: Robert Edgar, Fire Chief Carter Lucas, Assistant City Manager Attachment(s): Chapter 22 with proposed deletions and additions (blue line). ARTICLE I. - IN GENERAL  Secs. 22-1—22-18. - Reserved. ARTICLE II. - FIRE DEPARTMENT  Sec. 22-19. - Fire chief and fire marshal appointed. The city manager shall appoint the fire chief and the fire marshal. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 1), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 1), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 1), 6- 2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 1), 8-18-2008)  Sec. 22-20. - Fire prevention duties. The fire chief shall appoint a fire marshal to coordinate fire prevention duties as described in this Chapter. (a) Code enforcement. The fire prevention code shall be enforced by personnel in the city fire department, which is established and which shall be operated under the supervision of the fire chief. (b) Inspectors. The fire chief may detail members of the fire department as inspectors. If necessary these inspectors may be reassigned to the firefighting force at the discretion of the fire chief. (C) Public Education. The fire department shall take a proactive approach to fire prevention and life safety in the Milton community by presenting public education and community risk reduction programs to residents and businesses within its jurisdiction. The fire chief may detail members of the fire department as public educators. If necessary, these educators may be reassigned to the firefighting force at the discretion of the fire chief. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 2), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 2), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 2), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 2), 8-18-2008)  Sec. 22-21. - Authority at fires. (a) The fire chief or fire officers under his or her direction shall have full control over all fire apparatus of the fire department in service at any fire. (1) It shall be the duty of the fire chief or his or her designee to: a. Superintend the fire department while performing any public duty in fighting a fire; b. Give general and specific directions as to the manner of fighting fires, such as: 1. The use of a hose and apparatus; and 2. The specific duties and assignments of the various members of the fire department in attendance at a fire. (2) The fire chief or his/her designee may immediately suspend any member of the fire department for insubordination at any fire. (b) Officers of the fire department, when at the scene of a fire or other emergency that could impact public safety may direct or assist the city police department in directing traffic in the immediate vicinity. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 8), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 8), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 8), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 8), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)  Sec. 22-22. - Unlawful acts interfering with firefighting activities. (a) No person, except an active member of the fire department, shall at any time: (1) Enter within the territory or vicinity of any fire, when the area is roped off or access is denied by the city police or firefighters at the direction of the incident commander; (2) Interfere with or attempt to operate any of the apparatus or equipment of the fire department or any fire hydrant; or (3) Interfere by giving orders to any individual, unless requested to do so by the fire chief or fire officers under his or her direction. (b) However, the following persons may be specifically authorized by the fire chief or his or her designee to enter the restricted areas: (1) The mayor or any councilmember; (2) Any police officer or other law enforcement officer; (3) The owner or occupant of the property; (4) The city manager; or (5) Any other persons. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 10), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 10), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 10), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 10), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)  Secs. 22-23—22-41. - Reserved. ARTICLE III. - FIRE CODE DIVISION 1. - GENERALLY  Sec. 22-42. - Applicability of state minimum fire safety standards within the corporate limits of the City of Milton. (a) Pursuant to Milton Resolution 07-09-59, the city adopts the state minimum fire safety standards established in the rules and regulations promulgated pursuant to chapter 2 of title 25, including all subsequent revisions thereof. The City of Milton will enforce the state minimum fire safety standards as set forth in O.C.G.A. § 25-2-12(a) with respect to those buildings and structures listed in O.C.G.A. § 25-2- 13, except for hospitals, nursing homes, jails, ambulatory health care centers, and penal institutions and except for buildings and structures which are owned and operated or occupied by the state. (b) The City of Milton will be responsible for enforcing such fire safety standards within its jurisdiction and will: (1) Conduct fire safety inspections on existing buildings and structures; (2) Review plans and specifications for proposed buildings and, structures, and developments, and conduct fire safety inspections of such buildings and structures; (3) Issue/approve permanent and temporary certificates of occupancy; (4) Conduct inspections for special events, tents, public fireworks displays, and outdoor burning as required; and (5) Conduct origin and cause and arson investigations. (c) The City of Milton will charge and retain appropriate fees for performing the above listed duties in accordance with the fee schedule established by the city. (Ord. No. 11-09-111, § 1, 9-19-2011) Editor's note— Section 1 of Ord. No. 11-09-111, adopted Sept. 19, 2011, repealed former § 22-42, and enacted a new § 22-42 as set out herein. The former § 22-42 pertained to applicability of building and fire-related codes to existing buildings, and derived from Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 15), adopted Nov. 21, 2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 15), adopted March 17, 2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 15), adopted June 2, 2008; and Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 15), adopted Aug. 18, 2008.  Sec. 22-43. - Authority to amend article. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the fire marshal in conjunction with the fire chief shall have power to modify any of the provisions of this article of Milton City Code upon an application in writing by the owner or lessee, or a duly authorized agent; provided that the fire chief and fire marshal shall first find that special individual reason makes the strict letter of the code impractical and the modification is in compliance with the spirit of the Code, that public safety is secured, and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the fire chief and fire marshal thereon shall be entered upon the records of the fire department and a signed copy shall be furnished to the applicant. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 4), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 4), 3-17-2008; Ord. No. 08- 06-08, § 1(ch. 15, art. 3, § 4), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 4), 8-18-2008; Ord. No. 11-09-111, § 1, 9- 19-2011)  Sec. 22-44. - New materials, processes or occupancies which may require permits. (a) The city manager, the fire chief, and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits in addition to those now enumerated in this article. (b) The fire chief shall post the list, if any, in a conspicuous place in his or her office, and distribute copies thereof to interested persons. (c) The list shall be a rule and regulation of the fire department and shall be adopted by the mayor and city council and become effective upon approval, unless otherwise specified. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 6), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 6), 3-17-2008; Ord. No. 08- 06-08, § 1(ch. 15, art. 3, § 6), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 6), 8-18-2008)  Sec. 22-45. - Appeals. Any person aggrieved by an action of the fire chief, the fire marshal or other city official or employee of the city fire department including, but not limited to, disapproval of an application, refusal to grant a permit, a determination that the fire code or city ordinances does not apply or has been misconstrued, but excluding those actions or violations which are within the purview of the state fire marshal or code violations which are subject to the jurisdiction of municipal, state or federal court, may appeal and be heard by the city construction board of appeals in accordance with chapter 10, buildings and building regulations, of the City Code and the rules of the construction board of appeals. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 5), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 5), 3-17-2008; Ord. No. 08- 06-08, § 1(ch. 15, art. 3, § 5), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 5), 8-18-2008; Ord. No. 11-09-111, § 1, 9- 19-2011)  Secs. 22-46—22-64. - Reserved. DIVISION 2. - REGULATIONS  Sec. 22-65. - City fire limits; storage of explosives, flammable liquids and liquefied petroleum gases. (a) Districts within the city where storage of explosives, flammable liquids or liquefied petroleum gases are restricted or permitted under this article shall be legally described in a map entitled "City of Milton Fire District." (b) Maps, which shall be approved by the city council and maintained in the city clerk's office, shall be available for inspection by the public. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 3), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 3), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 3), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 3), 8-18-2008)  Sec. 22-66. - Obstruction of, or tampering with fire hydrant and apparatus prohibited. (a) It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or any other material around or in close proximity to any fire hydrant so as to cause hindrance or delay in access thereto, or prevent the free use thereof, by the fire department. No person shall, in any way, interfere with or tamper with any fire hydrant or attempt to take water therefrom without special authority from the fire chief or his or her designee. Any person who violates this section shall upon conviction be punished in accordance with the general penalty in section 1-5. (b) Without the fire chief's consent, no person not an active member of the fire department shall at any time ride upon any of the fire apparatus of the fire department, nor shall any person make use of any fire apparatus, hose, or other equipment of the fire department, other than for the purpose for which the equipment was intended. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 9), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 9), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 9), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 9), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)  Sec. 22-67. - Open burning. (a) State regulations incorporated. Open burning is prohibited in the city, with certain exemptions as set forth in this section. The provisions of O.C.G.A. § 391-3-1.02(5) of the regulations promulgated by the state environmental protection department under the Georgia Air Quality Act, as amended from time to time, are adopted and incorporated herein by reference. A copy of said regulation shall be kept on file by the city clerk for inspection by the public. (b) When permitted. Open burning is prohibited in all zoning districts other than agricultural districts except under the following circumstances and conditions: (1) Open burning in a reasonable fashion for the purpose of cooking food for immediate human consumption is allowed; (2) Bonfires, recreation fires or fires used for promoting an outdoor event are allowed; provided fires in excess of three feet across are subject to permitting by the fire department; and (3) Warming fires in barrels of 55-gallon capacity or less are allowed at construction sites; provided that the outside temperature is 50 degrees Fahrenheit or less and the fire does not produce dense smoke or obnoxious odors. Untreated wood or lumber shall be the only material or substance allowed in a warming fire. Warming fires must be attended and are authorized only at sites where no certificate of occupancy has been issued. It is specifically declared the responsibility of all city building inspectors and other enforcement personnel to assist the fire marshal in the regulation and enforcement of these warming fire provisions; and (3) Fires set for purposes of training city firefighting personnel are allowed. (c) Burning under hazardous conditions. The fire marshal may prohibit any open burning when atmospheric conditions or local circumstances make such burning hazardous and may restrict burning in accordance with the International Fire Code as adopted and amended by the State Fire Marshal and incorporated by reference into the City of Milton Code. (d) Liability of applicant. Nothing herein shall be construed to limit the liability of the landowner/applicant for any damages caused as a result of fire. (Ord. No. 06-11-60, § 1(ch. 12, art. 5, § 3, ch. 15, art. 3, § 12), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 5, § 3), 4-19-2007; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 12), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 12), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 11), 8-18-2008)  Sec. 22-68. - Sprinkler protection required. (a) Definitions. As used in this section, the following terms shall have the meanings set forth herein: Approved system-commercial areas means commercial areas less than 5,000 square feet, for light hazard areas, i.e., offices and shipping areas, of commercial buildings less than 5,000 square feet a modified sprinkler system may be used. This system may be used upon appeal to the fire marshal's office by the owner of the building. Approved system-commercial/residential means commercial buildings over 5,000 square feet, or residential structures, or those structures required to be sprinkled by some other code. The term "approved system- commercial/residential" means a sprinkler system designed in accordance with National Fire Protection Association Standards and referenced publications. Commercial means: (1) A business involved in the exchange of services, productions, or property of any kind; and (2) The buying, selling and exchange of articles. Modified sprinkler system means a combination sprinkler system operating off the domestic water supply designed in accordance with specifications on file in the fire marshal's office. Multifamily residential structures means a structure with a maximum of four stories in height, except duplex and freestanding single-family residences. The term "story" means that portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above. New includes any additions to existing buildings, whether vertically or horizontally, or any existing building or structure which shall be deemed to be a new building in the event such building or structure is subject to substantial renovation or a fire or other hazard of serious consequence. The term "substantial renovation" means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's gross assessed value according to county tax records at the time of such renovation. (b) All new commercial buildings shall be protected throughout with an approved automatic fire protection system. (1) For buildings less than 15,000 square feet, constructed mainly for the storage of products with limited life loss potential, some flexibility may be allowed. The owner may petition to the fire marshal for exception to sprinklers in the storage areas. a. The fire marshal will give consideration to such things as: 1. Building construction; 2. Products stored; 3. Arrangement of storage; 4. Number of employees in the area; 5. Access to the building; and 6. Any other fire protection features provided. b. This exception will not be allowed for additions to existing sprinkled buildings. c. For buildings storing materials that are water reactive or may be damaged more by water fighting a fire, than by a fire, the fire marshal's office shall use the same considerations. (2) Additions to existing unprotected buildings where the addition totals less than 1,000 square feet; provided, however, the addition must be separated by fire-rated construction in accordance with the city building code and is not required to be protected by some other applicable code. (c) All new multifamily residential structures shall be protected throughout with an approved automatic fire protection system. (d) There shall be early fire detection systems in all sections of multifamily occupancies. Existing buildings may have an approved battery operated smoke detector. The bureau of fire prevention may require a hard-wire detection system if battery operated detectors are not maintained according to the manufacturer's recommendation. (e) The owner is responsible for the inspection and testing of the sprinkler system in accordance with the rules of the state safety fire commissioner. (f) If this Code in any way conflicts with the provisions in the city's building code, the fire prevention code, or the State Minimum Fire Safety Standards, the more restrictive shall apply. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 14), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 14), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 14), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 13), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)  Sec. 22-69. - Plan review and inspection fee schedule relating to fire marshal requirements. The city and fire department, in accordance with common professional practice, have established fees for plan reviews and inspections conducted by the fire marshal or his/her designee. These fees are established in addition to any and all fees levied by the other relevant city departments. The plan review and inspection fees are included in the city's fee schedule. (Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 16), 8-18-2008; Ord. No. 11-09-111, § 1, 9-19-2011)  Sec. 22-70. - Prohibited use of open-flame cooking devices. With the exception of one- and two-family dwellings, and occupancies where buildings, balconies and decks are protected by an automatic sprinkler system, the use of charcoal burners, gas grills, and other types of open-flame cooking device shall be prohibited on balconies, in breezeways, within the means of emergency egress, or within ten feet of combustible construction. No prohibited-use grills as defined by this section may be stored in breezeways, balconies/patios, stairways or exit access areas of the above. Electric grille or similar electrical apparatus shall be permitted so long as they are not modified to charcoal or wood use or produce an open flame. (Ord. No. 11-09-111, § 1, 9-19-2011)  Secs. 22-71—22-89. - Reserved ARTICLE IV. - KEY LOCKBOX SYSTEM  Sec. 22-90. - For commercial, residential and other locations with restricted access through locked gates. (a) The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the fire marshal: (1) Commercial or industrial structures that have fire alarm and/or sprinkler systems that are secured in a manner that restricts access during an emergency; (2) Multifamily residential structures or single family residential developments and commercial properties that are secured with locked gates which would prevent fire department access during an emergency; and (3) Governmental structures and nursing care facilities with gated entrances. (b) All newly constructed structures, communities, or complexes subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures, communities, or complexes in existence on the effective date of the ordinance from which this section is derived and subject to this section shall have one year from the effective date of the ordinance from which this section is derived to have a key lock box installed and operational. (c) The fire marshal shall designate the type of key lock box system to be implemented within the city and shall have the authority to require all structures to use the designated system. (d) The owner or operator of a structure, community, or complex required to have a key lock box shall, at all times, keep a key in the lock box, or maintain the operation of the box at all times. (e) The fire marshal shall be authorized to implement rules and regulations for the use of the lock box system. (f) Any person who owns or operates a structure, community, or complex subject to this section shall be subject to the penalties set forth in all sections of this Code for any violation of this section; provided that the maximum fine for a conviction for a violation of this section shall be $1,000.00. (g) All requests for the designated key lock box system shall be coordinated through the fire marshal and get approval for the location of the box on each site. (h) This article shall take effect immediately upon its passage. (Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 16), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 16), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 17), 8-18-2008)  Sec. 22-91. - For certain buildings as designated by the fire marshal. (a) The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the fire marshal: (1) Commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency; (2) Multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living units; and (3) Governmental structures and nursing care facilities. (b) All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of the ordinance from which this section is derived and subject to this section shall have one year from the effective date of the ordinance from which this section is derived to have a key lock box installed and operational. (c) The fire marshal shall designate the type of key lock box system to be implemented within the city and shall have the authority to require all structures to use the designated system. (d) The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure. (e) The fire marshal shall be authorized to implement rules and regulations for the use of the lock box system. (f) Any person who owns or operates a structure subject to this section shall be subject to the penalties set forth in all sections of this Code for any violation of this section; provided that the maximum fine for a conviction for a violation of this section shall be $1,000.00. (g) All requests for the designated key lock box system shall be coordinated through the fire marshal and get approval for the location of the box on each site. (h) This article shall take effect immediately upon its passage. (Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 17), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 17, 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 18), 8-18-2008)  Secs. 22-92—22-110. - Reserved. ARTICLE V. - FIRE LANES AND FIRE DEPARTMENT ACCESS ROADS  Sec. 22-111. - Definitions. The words used in this article shall have their normal accepted meanings except as set forth in this section: Authorized emergency vehicle means: (1) A motor vehicle belonging to a public utility corporation and designated as an emergency vehicle by the public safety department; (2) A motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer fireman or a firefighting association, partnership, or corporation; (3) An ambulance; or (4) A motor vehicle belonging to a federal, state, or local law enforcement agency; provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose. Enforcement officer means any duly authorized law enforcement officer employed by the city. Fire lanes means areas designated by the fire official providing access for fire department vehicles to buildings, fire department connections and fire hydrants. The term "fire lanes" includes all alleys, driveways or lanes, devoted to public use, where the parking of motor vehicles or other obstructions can interfere with the ingress or egress of fire department vehicles for the protection of persons and properties including, but not limited to: (1) Shopping centers; (2) Theaters; (3) Hospitals; (4) Bowling lanes; (5) Churches; (6) Multifamily housing; and (7) High-rise buildings. Fire official means the fire officer or other designated authority, or their duly authorized representative, charged with the administration and enforcement of this article. Master plats means all original plats drawn in accordance with this article; all copies distributed shall be from this original drawing. New building means any commercial structure or public facility whose certificate of occupancy was issued after the effective date of Ordinance No. 4782 from which this article is derived. Plats means the maps created by the building owner and approved by the fire marshal which depict the location and boundaries of land and all existing fire lanes in accordance with this article. Such maps shall be drawn to scale. Property owner means each person possessing any estate, or leasehold right in the property being designated as a fire lane. Ticket means an order issued out of court by a city enforcement officer directing a violator of this article to comply with all civil fines as set forth in section 22-1160. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 2), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 2), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 2), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 2), 8-18-2008)  Sec. 22-112. - Purpose and scope. It is the declared purpose of this article to: (1) Provide for the designation and identification of the lanes; (2) Provide for the manner, method and language for the posting of signs; (3) Establish the penalty for a violation of this article; (4) Identify and designate the persons who have authority to enforce this article and the limits of such authority; (5) Prohibit parking in fire lanes; (6) Provide for the method of submitting properties to this article; (7) Repeal all ordinances in conflict herewith; and (8) Provide for other purposes. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 1), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 1), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 1), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 1), 8-18-2008)  Sec. 22-113. - Specifications for easy identification fire lanes and fire apparatus access roads. (a) Minimum requirements for existing buildings. Every existing building and all new buildings shall be accessible to fire department apparatus by way of designated fire lanes and fire apparatus access roads as defined in the International Fire Code as adopted and amended by the State Fire Marshal and incorporated by reference into the City of Milton Code. In addition to the requirements set forth in the International Fired Code, fire lanes and fire apparatus access roads shall meet all minimum requirements of Chapter 22 of the City Code. with an all-weather driving surface of not less than 20 feet of unobstructed width. (1) There shall be a minimum roadway turning radius of 35 feet. (2) There shall be a minimum vertical clearance of 13 feet, six inches. (3) The minimum hard surface subbase paving specification shall be at least 1½ inches of asphalted topping on at least six inches of bound-crushed stone, or the equivalent, capable of supporting the gross vehicle weight of a fire apparatus. (4) During construction, when combustibles are brought onto the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. (5) Where fire protection systems approved by the fire official are provided, the required clearances stated in subsections (a)(1) through (a)(3) of this section may be modified by the fire official. (1) The fire official shall have the authority to require an increase in the minimum widths of fire lanes and fire apparatus access roads where they are inadequate for fire or rescue operations. (2) The creation, deletion, or modification of a fire lane shall be done in the fire official's best professional judgment in order to provide adequate fire and rescue operations. (b) Minimum requirements for new construction: (1) Fire lanes and fire apparatus access roads for new construction shall be developed in compliance with the provisions of Chapter 22 of the City Code and the currently adopted State Minimum Fire Safety Standards. (2) Fire apparatus access roads—as defined by the currently adopted edition of the International Fire Code shall comply with the following: a. Fire apparatus access roads shall be a minimum of 26 feet wide as measured from the back of curb where no designated on-street parking is provided. Roadways from between 20 feet and 26 feet shall be marked as fire lanes in accordance with this chapter. b. Where the new construction development provides clearly marked on-street parking spaces, fire apparatus access roads shall be a minimum of 20 feet wide as measured from the face of curb for on-street parking spaces in addition to the 20 foot driving lanes. c. Alleyways are permitted for access in a residential subdivision provided that no structure is more than 150 feet from a fire apparatus access road with an unobstructed means of firefighter access as approved by the fire marshal. d. Cul-de-sacs shall have a minimum turning radius of 48 feet, measured from the back of curb. e. There shall be a minimum roadway turning radius of 35 feet on all fire apparatus access roads. f. There shall be a minimum vertical clearance of 13 feet, six inches on all fire apparatus access roads. g. Gates on fire department access roads shall have a minimum of 15 feet clear width and provide approved key lock box access in accordance with this chapter. h. Multi-family residential developments with more than 200 units and one- and two-family residential developments with more than 30 dwelling units shall include at least two separate fire apparatus access roads. i. The requirements of this subsection (b)(2) shall not apply to driveways leading to one or two Group R-3 occupancies or Group U occupancies, as defined by the International Fire Code. (3) Distribution of hydrants along fire apparatus access roads shall be determined by reference to Appendices B and C of the currently adopted version of the International Fire Code. (4) During construction, when combustibles are brought onto the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. (c) Conflicts between this section and other City of Milton development and zoning standards shall be addressed by conference among the fire marshal, the Public Works department, and the Community Development. (1.) In such cases, deviation from these standards may be approved by the fire marshal when the developer can show that meeting the standard is impracticable based on topographical or other physical site characteristics while still protecting the public health, safety and welfare. (2.) In the case of an approved deviation, the fire marshal may require alternative site concessions to ensure the fire department can access the proposed structures within the spirit of the fire code requirements. Such alternative site concession shall be determined with consideration of the provisions of Appendix D of the currently adopted International Fire Code. (d) Appeal. Any owner of a building aggrieved by the decision of the fire official under this section may appeal the fire official's decision to the city manager within 30 days from the date of the fire official's decision. All appeals to the city manager shall be in writing setting forth the reasons for the appeal. The city manager shall issue a written decision to the owner within 30 days from the receipt of the written appeal from the owner. (e) Sign and marking criteria for identification of designated fire lanes. (1)The areas designated as fire lanes shall have signs posted meeting the following criteria: a. Signs to read "No Parking Fire Lane." b. Letters shall not be less than two inches in height. c. One sign shall be posted at the beginning of the fire lane and one at the end of the fire lane; each sign shall be erected not more than 50 feet apart. d. Signs posted shall not be more than four feet from the edge of the curb and shall be visible from both direction of the driving surface. (2) Additional requirements. The fire official may order curbs to be painted red or other distinctive colors. . Additional requirements. The fire official may order curbs to be painted yellow or other distinctive colors. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 3), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 3), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 3), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 3), 8-18-2008)  Sec. 22-114. - Approval; property owner responsible for maintenance. All fire lanes shall be approved by the fire official pursuant to these regulations, and thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or roads deemed necessary for the fire department access by the fire official shall be maintained in a passable condition as follows: (1)Private property owners or their representatives shall be responsible for keeping all fire lanes on their property free from obstructions. (2)Public property owners, the city, or their representatives shall be responsible for keeping all fire lanes within the city's jurisdiction free of obstructions. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 4), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 4), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 4), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 4), 8-18-2008)  Sec. 22-115. - Unlawful to place "Fire Lane" signs in areas not so designated. (a)No person or property owner shall place, erect or maintain any sign for control of parking or traffic which includes the words "Fire Lane" unless such location has been designated a fire lane by the fire official. Any failure to meet the applicable requirements specified in section 22-113 shall be subject to a fine of $150.00 for each violation; provided, however, that the fine will be waived if the required specifications are made within 14 days from the date of the citation. (b)If that private or public property owner fails or refuses to meet said requirements on his or her property within such 14 days he or she shall, on the 15th day after receiving the citation, be subject to the $150.00 fine for each violation and an additional $10.00 fine for each violation for each day that the owner fails to comply with the provisions of this section until the area is properly designated and constructed. Each additional day shall be construed as an additional violation. (c)All fines assessed under this section shall be paid into the city treasury. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 5), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 5), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 5), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 5), 8-18-2008)  Sec. 22-116. - Violations; exception for authorized emergency vehicle. (a)No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided, however, this section shall not apply to the parking of an authorized emergency vehicle on official business. (b)Enforcement of this section shall be through a civil action in the municipal court by the issuance of a ticket which shall be either left with the vehicle or delivered to the person in possession thereof. For purposes of such civil action, it shall be presumed that the registered owner of said vehicle is in control or possession thereof. (1)Fine amounts. The first violation of parking in a fire lane within any 30-day period shall be punished by a $25.00 civil fine; provided, however, the second violation within any 30-day period shall be punishable by a civil fine of $40.00; and a civil fine of $50.00 may be levied for each violation thereafter occurring within any 30-day period. (2)Payment within 48 hours or request for hearing required. The person receiving a ticket for a violation of this section may pay the civil fine by return mail to the city municipal court or its designated receiver within 48 hours of the issuance of the ticket or may request a hearing within 48 hours to contest the issuance of the ticket. In the event the civil fine is not paid within 48 hours, the municipal court may issue a citation for contempt requiring the offender to show cause why he or she failed to pay the fine within the time frame allowed by this section. Upon conviction thereof, the municipal court may impose a fine as provided by law. (c)Upon any person to whom a ticket has been issued under this section, a uniform traffic citation may be obtained with a hearing date thereon from the police officer or uniformed fire inspector whereupon it shall be returnable to the municipal court. (d)Violation of this section shall be enforced through a civil action. The burden of proof shall be on the city. The standard of proof shall be by a preponderance of the evidence; provided, however, the aforementioned presumption in subsection (a) of this section shall apply. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 6), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 6), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 6), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 6), 8-18-2008)  Sec. 22-117. - Authority of law enforcement officer and fire inspector to enforce article. A duly authorized law enforcement officer employed by the city and uniformed fire inspectors shall have the authority for enforcement of fire lanes. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 7), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 7), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 7), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 7), 8-18-2008)  Sec. 22-118. - Authority in emergency situations. (a)In addition to all powers authorized by state law, in the event of any fire, explosion, bomb threat, or similar emergency, the city fire department shall be authorized to prevent the blocking of any public or private street, road or alley, way or driveway, or emergency lane, during any such emergency or remove any vehicles or obstructions necessary. (b)The officers, members, agents or employees of the city fire department shall not be liable at law for any act done while actually fighting a fire or performing duties at the scene of an emergency. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 8), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 8), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 8), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 8), 8-18-2008)  Sec. 22-119. - Disclaimer of liability for enforcement of article pertaining to maintenance and clearing. The city assumes no liability for any damages, injuries, or deaths resulting from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of the fire lanes. The city has the authority to issue individual tickets or citations for fire lane violations, but the property owner has the ultimate responsibility to clear the fire lanes. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 9), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 9), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 9), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 9), 8-18-2008)  Sec. 22-120. - Enforceability of properly placed signs. The disregard or disobedience of the instruction of any sign placed in accordance with the provisions of this article by the driver of a vehicle shall be deemed prima facie evidence of a violation of law, without requiring proof by whom and by what authority such sign has been erected. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 10), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 10), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 10), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 10), 8-18-2008)  Secs. 22-121—22-139. - Reserved. ARTICLE VI. - APPLICABILITY OF FIRE REGULATIONS  Sec. 22-140. - Petition requesting application of chapter to properties. Properties may become subject to this chapter by submitting a petition from the property owner or fully authorized agent of the property owner requesting this chapter to apply. The petition shall be submitted to the fire official and, upon approval, the property shall become subject to this chapter and its subsequent revisions. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 11), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 11), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 11), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 11), 8-18-2008)  Sec. 22-141. - Plat descriptions for fire official. (a) Any property which falls within the city's jurisdiction shall have all fire delineations visually depicted on a plat. These plats shall be designed by the owner and submitted to the city fire department and copies shall be maintained with the city clerk. Each visual depiction shall identify all: (1) Building exterior walls; (2) Traffic and parking lanes; and (3) Sidewalks. (b) The area to be designated as a fire lane shall be delineated in red ink. The plat shall state a scale of measurement. and shall be on paper or a series of pages of 8½ by 11 inches. The plat identification shall specify the name of the property, a brief legal description of the property, and the length and width of the fire lane, as approved by the fire official, with whom all master plats will be filed. (Ord. No. 06-11-60, § 1(ch. 15, art. 4, § 12), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 4, § 12), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 4, § 12), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 5, § 12), 8-18-2008)  Secs. 22-142—22-160. - Reserved. ARTICLE VII. - BUILDING NUMBERING  Sec. 22-161. - Responsibility of property owner or occupant. All owners and occupants of improved real property lying within the city are required to post the address of such real property owned or occupied by them with the street address assigned to such property by the city, in such manner that said address is clearly visible and legible from the street on which the improvement on such property fronts. The obligation hereby imposed shall be the joint duty of all owners and occupants of improved real property lying within the city who are over 18 years of age. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 13), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 12), 8-18-2008)  Sec. 22-162. - Six month grace period. All owners of apartment complexes lying within the city are required to post the building identified for each apartment building within the complex, whether the identifier be a number or letter or a combination thereof, in such manner that said building identifier is clearly visible and legible from the street or private drive on which each building fronts. The identifier for each building within apartment complexes lying within the city will be a minimum of one foot in height, will contrast with the building itself so as to be highly visible, will be reflective so as to be seen easily in darkness and will not be obstructed at any time by natural or manmade objects. All owners of apartment complexes lying within the city will have a grace period of six months from the effective date of the ordinance from which this article is derived to come into compliance. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 13), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 12), 8-18-2008)  Sec. 22-163. - Fine. All persons who violate this section shall be subject to a fine in an amount set by city council resolution. If the person does not remedy the violation, every 30 days shall be deemed a separate offense. (Ord. No. 06-11-60, § 1(ch. 15, art. 3, § 13), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 3, § 13), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 3, § 13), 6-2-2008; Ord. No. 08-08-19, § 1(ch. 15, art. 4, § 12), 8-18-2008) R! 3. HOME OF ' LT(.) M I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-05 — Chapter 64, Article XVII Development Standards, to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. MEETING DATE: Monday, May 18, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: x YES CITY ATTORNEY REVIEW REQUIRED: 9YES APPROVAL BY CITY ATTORNEY KAPPROVED PLACED ON AGENDA FOR: 0s;- I S I S REMARKS () NOT APPROVED () NO () NO O NOT APPROVED a04 KI ®_ Pti0�678,2�42.25001 FAX: 678.242.2499 Green _ '� *Certifld*, roP,iou * , „1-,,1- CommunityEr«hicsy�r info@cityofmiltonga.us I www.cityofmiIto ngo.us c•<< 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 1, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation (Work Session, April 20, 2015). Re: Consideration of RZ15-05 – Chapter 64, Article XVII Development Standards, to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The proposed amendment was created based on the need to give more “teeth” to the demolition permit review by the Design Review Board (DRB). As the Zoning Ordinance currently exists, the only requirement is for all buildings that apply for a demolition permit shall be reviewed by the City of Milton Design Review Board. Unless a structure has been designated a “historic building” by the City of Milton Historic Preservation Commission, any building can be demolished. Currently there are only two structures that are deemed historic which are the Thomas Byrd, Sr. House, formerly known as the Hopewell House and the Chadwick General Store. Both the Planning Commission and the DRB asked Staff to create criteria in which the DRB can evaluate all proposed buildings applying for a demolition permit. The proposed criteria are similar to the criteria for evaluating demolition applications for historically designated structures. The proposed text amendment also includes the proposed penalties for the unlawful demolition of a building. The Planning Commission at its March 25, 2015 meeting recommended approval of the proposed standards and Penalties for the Request of Demolition Permits with the following additions: 1) Within Sec. 64-2425 (a.) include the addition of the “Georgia’s Natural, Archaeological and Historic Resources Geographic Information System” in the list of considerations to approve or deny a demolition permit. This is an inventory of existing historic resources within the City that was conducted in 1996; 2) the Planning Commission was also 2 concerned with the condition of a site after a structure is removed. Therefore, they recommended in Sec. 64-2426 (c.)(4) that where determined by the Design Review Board, landscaping shall be installed as approved by the City Arborist. These recommendations of the Planning Commission are highlighted in yellow in the ordinance. Funding and Fiscal Impact: None anticipated. 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 – February 2015 Concurrent Review: City of Milton Design Review Board and Community Development Department Staff Attachment(s): Proposed text amendment for RZ15-05 and Ordinance for RZ15-05 RZ15-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation on April 13, 2015) 4/22/20154/21/2015 Page 1 Division 5 Demolition Permits Sec. 64-2423. Purpose In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people: The Milton City Council herby declares it to be the purpose and intent of this article to establish criteria for approving demolition permits and provide for penalty provisions for the protection, perpetuation and use of buildings, having historical, cultural, archeological or aesthetic interest or value, in accordance with the provisions of the division. Sec. 64-2424. Applicability A demolition permit shall be submitted to the Community Development Department for the request of demolition for all buildings, structures, or objects and shall be reviewed by the City of Milton Design Review Board. Sec. 64-2425. Criteria for approving a demolition permit The City of Milton Design Review Board shall use the following criteria in deciding to approve or deny a demolition permit: a. Is the building or structure listed on the “Georgia’s Natural, Archaeological and Historic Resources Geographic Information System”? ab. Is there any historic, scenic, or architectural significance of the building, structure, site, or object? bc. Is there any significant importance of the building, structure, site, or object to the ambiance of the area? cd. Would it be difficult or impossible to reproduce such a building, structure, site, or object because of its design, texture, material, detail, or unique location? de. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city. ef. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be. fg. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse. gh. Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. RZ15-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation on April 13, 2015) 4/22/20154/21/2015 Page 2 Sec. 64-2426. Penalty provisions A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article: a. The same penalties as set forth in the zoning chapter of the city for all violations of requirements set forth in the said zoning chapter; or b. The penalties set forth in Sec. 1-5 of the Code of Ordinances of the city for nonzoning violations. c. Restrictions on future development: If a property is demolished or relocated without a certificate of appropriateness from the DRB (Design Review Board), or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the DRB, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located: 1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of five years after the date of such demolition or removal. 2. No permits shall be issued by the city for any curb cuts on the site for a period of five years from and after the date of such demolition or removal. 3. No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal. 4. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. If the Design Review Board determines that after the removal of the structure, new vegetation and/or landscaping is required, said landscape plan, including type and size of landscaping shall be approved by the City Arborist. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. 4. Civil action. As an additional remedy in addition to the penalties stated above, the city attorney for the City of Milton or his or her designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-05 AN ORDINANCE TO AMEND ARTICLE XVII, DEVELOPMENT STANDARDS TO CREATE STANDARDS AND PENALTIES FOR REQUESTS OF DEMOLITON PERMITS WITHIN THE CITY OF MILTON 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 April 27, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Article XVII 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF' _ 1 7 �LT . 0 1.,. N*k _, . ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 7, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-10— To Amend Article VII, Division 6, Section 64- 1141 — Single Family Uses as it Relates to Lot Coverage. MEETING DATE: Monday, May 18, 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: YES (} NO APPROVAL BY CITY ATTORNEY k)APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: psl�1'S REMARKS kr" Vt7n -To `R a C eCz 40 7-0 C 0"^.)Cic At 0,9 Falx ©You PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmlitonga.us 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 77-47 e ".-/ il'GT4e&/ , 'Greena ; CeruEnl ; Top 1W c tCll hl Ilk Community aci tv of a 0] 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)