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HomeMy WebLinkAboutAgenda Packet CC - 06/01/2015 - 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, June 1, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire. CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-149) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the May 4, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-150) (Sudie Gordon, City Clerk) 2. Approval of the May 11, 2015 Work Session Meeting Minutes. (Agenda Item No. 15-151) (Sudie Gordon, City Clerk) 3. Approval of a Month-to-Month Probation Services Agreement between Judicial Correction Services, Inc., the City of Milton, Georgia, and City of Milton Municipal Court House. (Agenda Item No. 15-152) (Brooke Lappin, Clerk of Court) 4. Approval of Byrd House License and Use Agreement between the City of Milton and Senior Services North Fulton, Inc. (Agenda Item No. 15-153) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. Presentation to the “Cure NF with Jack” Foundation. (City of Milton Police and Fire Departments) 2. Presentation by Progress Partners of North Fulton Atlanta. (Bethany Usry, Progress Partners, Vice President of Economic Development) 7) FIRST PRESENTATION 1. Consideration of RZ15-11 – To Create the Arnold Mill Form Based Code, Chapter 64 of the City Code, Article XXI. (Agenda Item No. 15-154) (Kathleen Field, Community Development Director) 2. Consideration of RZ15-12 – Kings Close with Approximately 525 Feet of Frontage on the West Side Located in the 2nd District, 2nd Section in Land Lots 396 and 397 by Five Oaks Development, Inc. to Rezone from AG-1 (Agricultural) to R-2A (Residential) to Develop 5 Single Family Residences on 6.431 Acres with Minimum One Acre Lots. (Agenda Item No. 15-155) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of U15-03/VC15-02 –2780 Bethany Bend by Bob Dike to Request a Use Permit for a Day Care Facility (Sec. 64-1809) for After School Program and Summer Camp within an Existing Church and a Concurrent Variance to Allow a Non-opaque Fence for the Playground enclosure [Sec. 64-1809(b)(3)]. (Agenda Item No. 15-156) (Kathleen Field, Community Development Director) 4. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 15-157) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 15-122) (First Presentation at May 4, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 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) (First Presentation at May 18, 2015 Regular City Council Meeting) (Matt Marietta, Fire Marshal) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 15-122) (First Presentation at May 4, 2015 Regular City Council Meeting) (Public Hearing at June 1, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 1, 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Northwestern Middle School Practice Field Expansion. (Agenda Item No. 15-158) (Jim Cregge, Parks and Recreation Director) 2. Consideration of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Northwestern Middle School Baseball/Softball Field Renovation. (Agenda Item No. 15-159) (Jim Cregge, Parks and Recreation Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-160) The minutes were provided electronically HOME OF' M IL ()N' . ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 26, 2015 FROM: City Manager AGENDA ITEM: Approval of a Month -to -Month Probation Services Agreement between Judicial Correction Services, Inc., the City of Milton, Georgia and City of Milton Municipal Court. MEETING DATE: Monday, June 1, 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: OYES () NO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: Q b O r � >S REMARKS © youij I'I PHONE: 678.242.25001 FAX: 678.242.2499 52 J1Green V *e�rrifie,�* r�>'uu U'ILDLIFF COMMUnit_ 4 F=':;;� f info@>cityofmiltonga.us I www.cityofmlltonga.us y 13000 Deerfield Parkway, Suite 107 1 Milton GA 300041'`` To: Honorable Mayor and City Council Members From: Brooke Lappin, Clerk of Court Date: Submitted on May 26, 2015 for the June 1, 2015 Regular Meeting Agenda Item: Approval of a Month-to-Month Probation Services Agreement Between Judicial Correction Services, Inc., the City of Milton, Georgia and City of Milton Municipal Court. ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: The City of Milton provided a timely written noticed dated February 26, 2015 to Judicial Correction Services, Inc. (JCS) of non-renewal of the Parties’ Probation Services Agreement. Accordingly, the Probation Services Agreement was terminated effective March 28, 2015 and did not automatically renew. However, the City of Milton is currently using JCS on a month-to- month basis until another provider can be secured. This letter serves to document the current relationship with JCS. Funding and Fiscal Impact: None. Alternatives: Do not approve and Milton will be without probations services until another provider can be secured. Legal Review: Ken Jarrard – May 2015 Concurrent Review: Chris Lagerbloom, City Manager Plat Revision Staff Memo Attachment(s): Letter to Judicial Correction Services, Inc. HOME OF 'THE BEST QUALrrY OF LIFE IN GEORGIA' IMILTON% ESTABLISHED 2006 May 21, 2015 VIA EMAIL AND CERTIFIED MAIL (RETURN RECEIPT REO UESTED) Judicial Correction Services, Inc. Judicial Correction Services, Inc. Administrative Office 7388 S. Revere Parkway, Ste. 601 327 Dahlonega Street, Suite 1003 Centennial, CO 80112 Cumming, Georgia 30040 Attn: Cary McClure, Chief Financial Attn: Charles Farrahar, Chief Financial Officer Officer Re: Month -to -Month Probation Services Agreement between Judicial Correction Services, Inc., the City of Milton, Georgia, and City of Milton Municipal Court Dear Messrs. Farrahar and McClure: This letter is to memorialize the status of the City of Milton, Georgia and the City of Milton Municipal Court's relationship with Judicial Correction Services, Inc. ("JCS") (hereinafter collectively referred to as the "Parties"). As you recall, the City of Milton provided timely written notice dated February 26, 2015 to JCS of non -renewal of the Parties' Probation Services Agreement, which agreement is dated March 21, 2007. Accordingly, the Probation Services Agreement terminated effective March 28, 2015 and did not automatically renew. This is to confirm that the City of Milton and the City of Milton's Municipal Court are currently utilizing JCS's services on a month-to-month basis. As it appears that Mr. Farrahar may no longer serve as the Chief Financial Officer for JCS, the City of Milton is also providing notice to Mr. McClure, who is currently listed as the Chief Financial Officer of JCS in the most recent corporate documents on file with the Georgia Secretary of State's Office. Thank you in advance for your cooperation. Sincerely, CITY OF MIL By: V BRIAN A. HANSFORD Title: CHIEF JUDGE, CITY OF MILTON MUNICIPAL COURT KI You**, PHONE: 678.242.25001 FAX: 678.242.2499 Certifiied * * TO °° ' * C3tyaf ` info@ctWILDLIFE, Community � wwm.cityofmilf©nga.us E ,, � > . �f t�r�,�. 13000 Deerfield Parkway, Suite 107 Milton GA 30004 '�� Approved: By: JOEL OOD Title: MAY Attest: Sudie Gordon, City Clerk cc: Christopher Lagerbloom, City Manager, City of Milton (via email) Ken E. Jarrard, City Attorney, City of Milton (via email) HOME OF' LTO N 0000� FSTAM ISIIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 27, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional License and Use Agreement between the City of Milton and Senior Services North Fulton for Use of the Thomas S. Byrd, Sr. House. MEETING DATE: Monday, June 1, 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 (j NO CITY ATTORNEY REVIEW REQUIRED: YES O NO APPROVAL BY CITY ATTORNEY k)APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: d 6 p I 15 REMARKS kk © You(n PHONE: 678.242.25001 FAX: 678.242.2499 Green~.'' ; cenifiea infoC�cityofmilfonga.us www.cifyofmiltongc.us ��?z Community 4� Erhics 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on May 28, 2015 for the June 1, 2015 Regular Meeting Agenda Item: Approval of Byrd House License and Use Agreement between the City of Milton and Senior Services North Fulton, Inc. ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: The City of Milton proposes to enter into a Lease and Use Agreement for use of the Byrd House by Senior Services North Fulton, Inc. (SSNF). This agreement will allow SSNF the ability to staff and operate senior programs from this facility Monday through Friday from 8:30 a.m. to 4:00 p.m. Other than the hours listed above, use of this facility by SSNF will not preclude other entities or individuals from using it with the advance approval of the City. Funding and Fiscal Impact: SSNF will pay rent of $100/month. The city will be responsible for utilities and maintenance of the facility and grounds. Alternatives: If not approved, SSNF will not be able to provide services to the seniors. Legal Review: Paul Frickey, Jarrard & Davis (May 28, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Byrd House License and Use Agreement HOME OF `TiJE IBES -f C j!. 'Vv OF Lit E its GEZC�GI ESTABLISHED 2006 BYRD HOUSE LICENSE AND USE AGREEMENT This Byrd House License and Use Agreement, hereinafter referred to as the Agreement, is made this day of , 2015, between. THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY " and SENIOR SERVICES NORTH FULTON, INC. hereinafter referred to as "PROVIDER" CITY and PROVIDER may hereinafter collectively be referred to as "the Parties" In consideration of the mutual obligations of the Parties described herein and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows. ARTICLE 1 Use of Premises 1 1 PROVIDER shall be entitled to use of the property known as the Byrd House, 15690 Hopewell Road, Milton, GA 30004, hereinafter described as the "Byrd House" according to the terms and conditions described herein. 1 1 1 CITY hereby grants to PROVIDER a license for the use of the OFFICE SPACE as shown in red on the floor plan attached hereto as Exhibit "A," attached hereto and incorporated herein by reference, for the term described herein for so long as PROVIDER shall comply with the terms and conditions of this Agreement. The license for the OFFICE SPACE shall be considered exclusive insofar as no other entity or individual shall be allowed use of the OFFICE SPACE during the pendency of this Agreement. 1 1.2 In addition to the license granted in paragraph 1 1 1, above, PROVIDER shall be entitled to exclusive use of the PUBLIC SPACE as shown in blue in Exhibit "A" for the times described in Exhibit "B," attached hereto and incorporated herein by PHONE: 678.242.25001 FAX: 678.242.2499 reenCoirYt�unit V cl�,� infof�cityofmiitonga.us I www.cityofmiitonga.us '�'"'Ls� 13000 Deerfield Parkway Suite 107 1 Milton GA 30004 reference, and for so long as this Agreement is in effect. PROVIDER shall vacate the PUBLIC SPACE at all times other than as described in Exhibit `B" and understands and agrees that the CITY may grant other groups or individuals the right to use the PUBLIC SPACE at any time other than as described in Exhibit «B " 1.2 The CITY shall arrange for utility services for the Byrd House, including, electricity, water, sewer, telephone, wireless internet, and trash removal, however, the CITY shall not have any liability to PROVIDER arising out of the level of service or lack thereof. 1,3 Although PROVIDER will be expected to return the PUBLIC SPACE to the same condition as it was delivered at the end of every period during which PROVIDER has use of the PUBLIC SPACE, the CITY will provide general maintenance and cleaning services for the Byrd House, including the PUBLIC SPACE, the OFFICE SPACE and the grounds around the structure. 14 PROVIDER shall not attach anything to the walls of the PUBLIC SPACE without the prior written permission of the City Manager or his/her designee, hereinafter referred to as the "DEPARTMENT " ARTICLE 2 PROVIIiER's Services and Responsibilities 2.1 In exchange for use of the Byrd House as described in Article 1 above, PROVIDER shall pay to the CITY, at 13000 Deerfield Parkway, Suite 107 Milton, GA 30004, or at such other place as the CITY shall designate in writing to Lessee, the amount of $100.00 payable in advance upon the execution of this Agreement and on the first day of each month during the pendency of this Agreement. 2.2 In addition to the payments described in paragraph 2. 1, above, PROVIDER shall provide services to the citizens of Milton, Georgia generally described as Senior Services at the Byrd House. PROVIDER shall coordinate the schedule of all required and permitted services with the DEPARTMENT 2.2.1 At a minimum, PROVIDER shall provide those services described in Exhibit "C," attached hereto and incorporated herein by reference, hereinafter referred to as the REQUIRED SERVICES 2.2.2 In addition to the REQUIRED SERVICES, PROVIDER may provide those services described in Exhibit "D," attached hereto and incorporated herein by reference, hereinafter referred to as the PERMITTED SERVICES. 2.2.3 If PROVIDER desires to provide additional services, PROVIDER shall obtain the written consent of the DEPARTMENT prior to the provision of said additional services. 2 2.3 PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 2.4 PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement other than those identified in Article 1 PROVIDER stipulates and certifies that it is qualified to provide the services it is hired to provide, maintains the education and required licenses or permits necessary to provide the services, and shall continue to maintain such licenses or permits during the term of this Agreement. 2.5 This Agreement is considered a limited non-exclusive Agreement between the Parties insofar as the CITY shall have the right to purchase the same kind of services to be provided by PROVIDER from other sources during the term of this Agreement and the CITY may allow the use of the PUBLIC SPACE to other entities or individuals at times other than when reserved for PROVIDER. PROVIDER is not precluded from providing the same or similar services for other entities or individuals so long as such other engagements do not interfere with PROVIDER'S provision of services to the CITY 2.6 PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. PROVIDER may not use said facilities to conduct personal business including workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibits "C" and "D " It is further understood that such action(s) may result in immediate termination of the Agreement. 2.7 PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT and the CITY promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of the PUBLIC SPACE outside of operatinz hours listed in Exhibit B. 2.8 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the senior services programs obey all applicable policies, procedures, rules and regulations. 2.9 The DEPARTMENT or CITY may require that PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility 2.10 Although the CITY shall not control PROVIDER's techniques, methods, procedures, or sequence of instruction, PROVIDER will comply with the CITY's and DEPARTMENT's policies, rules, regulations and procedures, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs. 3 2.11 PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under PROVIDER's charge. 212 PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish PROVIDER with a background release form for all of PROVIDER's counselors, volunteers, subcontractors, employees or any other individuals, at PROVIDER's sole expense. A Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with program participants through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If PROVIDER has recently had a background screening conducted by another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY harmless. 2.13 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability 2.14 PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to activities as described herein. 2.15 PROVIDER shall not allow any other entity or individual to use any CITY facilities in PROVIDER's stead without the prior written consent of the DEPARTMENT ARTICLE 3 Equipment & Materials 3 1 The City has furnished the Byrd House with furniture and furnishing as described in Exhibit "E," attached hereto and incorporated herein by reference, hereinafter described as CITY FF&E. PROVIDER may use the CITY FF&E, however, CITY FF&E located in PUBLIC SPACE shall remain in the PUBLIC SPACE and shall not be removed to the OFFICE SPACE. CITY FF&E shall remain the property of the City and PROVIDER will be responsible for any damage to CITY FF&E. PROVIDER may place and keep additional furniture in the OFFICE SPACE. 3.2 PROVIDER shall inspect the premises and CITY FF&E, and if PROVIDER finds anything wrong with the premises or CITY FF&E that cannot be corrected by the DEPARTMENT before each program commences, the program shall be canceled and the matter reported to the DEPARTMENT for correction. If PROVIDER elects to hold its programs in the facility provided, it will be presumed that PROVIDER has inspected the premises and CITY FF&E provided for such programs and has accepted same as being safe and suitable for the use intended. .19 3.3 All program materials and equipment needed or pertaining to the above stated senior services programs will be provided by PROVIDER at its own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. 34 The CITY will not be responsible for any lost, stolen, or broken equipment or supplies from the PUBLIC SPACE during the operating hours listed in Exhibit B. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies from the OFFICE SPACE at any time. ARTICLE 4 Independent Provider 41 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder This Agreement shall not be construed as creating any joint employment relationship between PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 4.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 5 Insurance 5 1 PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY 5.2 Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide," published by A.M. Best Guide. 53 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect. PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. 5.4 PROVIDER shall maintain commercial general liability insurance during the pendency of this Agreement to cover liability bodily injury and property damage covering premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability- $1,000,000 iability $1,000,000 Combined Single Limit — each occurrence, $1,000,000 Personal Injury, and $1,000,000 Products/Completed Operations Aggregate. PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy 55 PROVIDER shall maintain worker's compensation insurance during the pendeny of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, PROVIDER shall require the subcontractor(s) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by PROVIDER. PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: Workers Compensation Statutory Employer's Liability $100,000 each accident, $500,000 Disease -policy limit, and $100,000 Disease -each employee. G If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption along with a written request for CITY to exempt PROVIDER, written on PROVIDER or subcontractor's letterhead. 5.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 5.7 The CITY shall be named as an additional insured and loss payee on all policies required by this Agreement. ARTICLE 6 Term and Termination 6.1 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2015, unless terminated sooner as provided in this Article, hereinafter referred to as the INITIAL TERM. At the end of the INITIAL TERM, and on December 31 of each renewal term thereafter, this Agreement shall terminate absolutely and without further obligation on the part of the CITY, provided that this Agreement shall automatically renew for another one (1) year term on January 1, 2016, and for up to four (4) additional subsequent one (1) year terms on January 1 of each tear thereafter, absent at least ninety (90) days written notice of non -renewal provided by the CITY to PROVIDER or by PROVIDER to the CITY Notwithstanding any other terms contained in this paragraph, this Agreement shall terminate absolutely on December 31, 2019 if not terminated earlier pursuant to the other terms of this Agreement. 6.2 This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. ARTICLE 7 Indemnification 71 PROVIDER agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind of nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, including paralegal fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the will full or negligent acts, errors, or omissions of PROVIDER or its agents, officers, volunteers or employees. 7.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to PROVIDER's responsibility to indemnify ARTICLE 8 11 Non -Discrimination 8 1 PROVIDER shall not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services funded in whole or in part by the CITY, including Titles I and II of the ADA and all applicable regulations, guidelines, and standards. 8.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 8.3 PROVIDER, 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 provision of Federal law, PROVIDER agrees that, during performance of this Agreement, Provider, 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, Provider agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 8.3 to every subcontract for services contemplated under this Agreement. ARTICLE 9 Miscellaneous 91 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. 9.2 This Agreement is non -transferable or assignable, and PROVIDER agrees not to transfer or assign the performance of services called for in the Agreement. 9.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 95 Time is of the essence of this Agreement. 9.6 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, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. M. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST- CITY: VIM SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR WITNESS PROVIDER: [AFFIX CORPORATE SEAL] m " � � '► �, � t �-. 4=-� I _ EXHIBIT 70 EXCLUSIVE PUBLIC SPACE USE TIMES Monday- 8:30 a.m. — 4:00 p.m. Tuesday: 8.30 a.m. — 4:00 p.m. Wednesday: 8.30 a.m. — 4:00 p.m. Thursday• 8:30 a.m. — 4:00 p.m. Friday- 8:30 a.m. — 4.00 p.m. 10 EXHIBIT .� C REQUIRED SERVICES Exercise classes Health and wellness classes Nutrition information Congregant meals Field trips for shopping and entertainment PERMITTED SERVICES Yoga classes Tai chi classes Arts and crafts, ceramics and painting Computer access Technology classes Socialization activities Special events and group entertainment Health screenings Meals on Wheels distribution Panoply Inferior resign 9 Spring St. Newnan, GA 30263 NAME/ADDRESS HEADLEY CONSTRUCTION City of Milton'Hopeuell }louse 44 East Washington Street Ne%%nan. Georgia 30263 EXHIBIY b n' DESCRIPTION CITY OF %IlIA'0N HOPEWELL HOUSE ADDITIONS/CI IANGE ORDER Draperies 4' poles 1.3/8 in diameter 22.37 rings 71pkg hairs of firtcWs- nials end caps Face fabric for draperies 54" Pinnacle in .white Labor to fabricate draperies Installation by Subcontrator Vanity Table in brides dressing area Vanity Stool in brides dressing area Chairs N 594 -AR in Prodigy Ra1il %%ith Old Wodd Nictal frames and i+cbbiug in seats for comfort Folding Tables in 7209 Teak with brown plastic T -mold edge and brott•n metal legs Chair cart for moving chair to storage (Optional) Shipping and delivery of 24 chair and 7 tables directly to Milton, GA all other shipping included in pricing. Table Desk Credenza/File Cabinet Desk Chair 5238-30220 Floor lamp 25456 Floor lamp 25229 fable Lwup 26,165 Table Lamp 26284 Delivery to customer C okveta County Sales Tax �e �of50% r} , r7 le>< qO �duc A I U �Y s EDzpos; q red xsith balahen prodaci ships for vendor, tis estimate is valid for 30 days. SIGNATURE innate DATF ESTIMATE # 9/Sr2111 1 5938 REP PROJECT lop.�1•ell ITou� e ,+dtiiti... QTY TOTAL 4 316.80T 6 ?90 40T a ssmar 4 1.10.801' 4 813,0011 18 1.138.50T 18 1.34.64T 180.001' 410-00T 1 1.311.80T 1 •�-:'9.001 28 5,660.93T 7 1, 7tr2..}OT 1 27S40T 663.007' 1 1.8114.001' 1 1,738.00T 1 0;960.991 1 13.40T i 301.401 1 217.80T 1 358.30 TOTAL P-- 11,17 New r� r77 HOME OF ' ESTAl3LISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-11 — To Create the Arnold Mill Form Based Code, Chapter 64 of the City Code, Article XXI. MEETING DATE: Monday, June 1, 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 O NO CITY ATTORNEY REVIEW REQUIRED: (i1 YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Q (a 0 t REMARKS 9110 Yom 0, , I PHONE.- 678.242.25001 FAX: 678.242.2499 Gireen' v info@cifyofmiltonga.us I www.cifyofmilfonga.us „ILA)H Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "" To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted May 28, 2015 for the June 15, 2015 Regular Meeting (June 1, 2015 First Presentation) Re: Consideration of RZ15-11 – Chapter 64 of the City Code, Article XXI - To create the Arnold Mill Form Based Code Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The Mayor and City Council voted unanimously to adopt the Arnold Mill Visioning Plan, an amendment to the 2030 Comprehensive Plan on July 7, 2014. The 2030 Comprehensive Plan identified the Arnold Mill Road as an area of limited development with mostly rural residential and agricultural uses. However, the community feedback identified it as an area that could potentially accommodate the development of limited non-residential uses at some point in the future. The 2030 Comprehensive Plan stated that Arnold Mill should avoid strip commercial development and should be clustered in sections along the roadway and emphasis should be placed on preserving open space, rural viewsheds, and protecting environmentally sensitive features. Further, the Plan stated that Transfer of Development Rights should be aggressively pursued following the adoption of a master plan before any commercial nodes are considered or allowed to develop so as to ensure the protection of the more rural areas in Milton. The Arnold Mill Visioning Plan was the basis in which the proposed Form Based Code (FBC) was created. The Arnold Mill FBC follows the same general template as the Crabapple and Deerfield Form Based Code, but has been tailored for the specific needs of the Arnold Mill Corridor. There are three primary transect zones, T2, T3, and T4. There is also a T4-open that permits additional uses than the T4 transect zone. Within the corridor, there are two primary activity nodes; the intersection of Arnold Mill and Cox Roads and the Arnold Mill Road and Chadwick Farm Blvd. The remainder of the Visioning area is T2 which is minimum one acre lots with the same development standards as the AG-1 zoning district without the ability to receive TDRs (although they can be sending sites for TDRs). 2 In the Arnold Mill Form Based Code, the T3 transect zone contemplates 2 units per acre by right and up to 5 units via TDRs. The T4 transect zone contemplates 3 units per acre by right and up to 6 units via TDRs. These densities have been increased by 1 unit per acre by right since the initial draft of the Form Based Code based on discussions with property owners primarily within the Cox Road activity node. Staff notes that at the May 27, 2015 Planning Commission Meeting, by a vote of 4 to 3, it was recommended that the densities for T3 and T4 transect zones are increased to be equal with the Crabapple Form Based Code which allows for 3 units per acre by right and up to 6 units per acre via TDRs in T3 and 5 units per acre by right and 9 units per acre via TDRs in T4. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April, 2015) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-11 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-11 AN ORDINANCE TO CREATE ARTICLE_XX1, ARNOLD MILL FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 15, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article XXI, Arnold Mill Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of June, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS 2.3 LANDSCAPE BUFFERS ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 GENERAL REQUIREMENTS 3.3 THOROUGHFARES - VEHICULAR LANES 3.4 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.6 CIVIC ZONES 3.7 COMMON MAIL FACILITIES ARTICLE 4. LOT AND BUILDING PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE-THROUGH STANDARDS 4.14 GASOLINE STATION STADNARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2A PUBLIC FRONTAGES - GENERAL TABLE 2B PUBLIC FRONTAGES - SPECIFIC TABLE 3 THOROUGHFARE ASSEMBLIES TABLE 4 CIVIC SPACE TABLE 5 BUILDING FORM - HEIGHT TABLE 6 BUILDING PLACEMENT TABLE 7 PRIVATE FRONTAGES TABLE 8A BUILDING FUNCTION TABLE 8B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 9 SPECIFIC FUNCTION & USE TABLE 10 CODE SUMMARY TABLE 11A CODE GRAPHICS - T3 TABLE 11B CODE GRAPHICS - T4 TABLE 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 2 ARTICLE 1. GENERAL 1.1 INTENT The intent and purpose of This Code is to enable and support the implementation of the following policies: a. That Arnold Mill is an important corridor for both high-quality development and preserved open space resources in the City of Milton as established in the Arnold Mill Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Arnold Mill, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Arnold Mill. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Arnold Mill should be secured through form-based codes rather than traditional zoning. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout This Code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to This Code. Those terms not defined in Article 6 and Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of This Code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of This Code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 12 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4. The provisions of This Code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in This Code. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in This Code shall apply to all property located within the boundaries identified in the Arnold Mill Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Arnold Mill Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia. 1.3.2 To reflect a variety of development patterns This Code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Arnold Mill Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of This Code. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-Open except as specifically indicated. 1.3.5 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in This Code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of This Code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in This District for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.4.3 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in This District for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of This Code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in This Code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of This Code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64- 1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of This Code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of This Code as set forth in Section 1.1 Intent; ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 4 b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of This Code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64- 1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor and city council shall process the requested warrants and variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 10 section a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 Density shall be expressed in building units per acre as specified by Transect Zone in Table 10 section a. 1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.2 is not exceeded. 1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.4. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of This Code and are subject to those of Sections 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space that meets one of the following conditions: ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 5 a. Is located within a Parking Structure having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight- line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive TDRs which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within This District or AG-1 outside of This District and shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. Parcels in public ownership prior to the effective date of This Code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of This Code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within This District and the provisions of the AG-1 zoning district for parcels outside of This District. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 6 parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and submit the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within This District or the provisions of the AG-1 zoning district for parcels outside the This District. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 7 used to increase density in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by This Code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to This Code, developers of projects on TDR Receiving Sites may use the TDR to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.4. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on-site and off-site TDR Receiving Sites. 1.7.9 Compliance Requirements a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 8 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Arnold Mill Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces. c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Arnold Mill Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications. Property owners within the plan area shall submit Building Scale Plans under Article 4 of This Code in accordance with the provisions of This Code. 2.1.3 The owner of a parcel or abutting parcels in This District may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Arnold Mill Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Arnold Mill Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in This District may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of This Code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in Article 2 of This Code: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any 2.2.3 The following elements shall not deviate from those established in the Arnold Mill Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Arnold Mill Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. Civic Space shall be designed as generally described in Table 4 and as allowed in the Transect Zones in accordance with Table 10 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks as follows: a. When both Blocks and the Thoroughfares that circumscribe them are completely within the Infill Regulating Plan, Blocks shall not exceed the perimeter size prescribed in Table 10 section b. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 9 b. In all other situations not identified in Section 2.2.5 (a) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 10 section b. c. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are nonconforming with regards to the Thoroughfare network requirements of This Code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac and other dead end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within This District except as set forth below. 2.3.2 Adjacent to a Special District, a T2 Zone, or a single-family residential use not located within This District, the following shall apply:. a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single-family residential use not located within This District. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single-family residential use not located within This District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60-88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 10 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Arnold Mill Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Arnold Mill Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non- conforming with regards to the Thoroughfare network requirements of This Code, stub-out streets with a maximum length of 150 feet shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac and other dead-end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. b. Civic Spaces not shown in the Arnold Mill Regulating Plan are permitted. c. Sites of more than 4 acres shall be designed to define Blocks as follow: i. When both Blocks and the Thoroughfares that circumscribe them are completely within the site, Blocks shall not exceed the perimeter size prescribed in Table 10 section b. Blocks with a perimeter size exceeding 1,000 feet shall provide at least one 8 foot wide cross Block Passage. ii. In all other situations not identified in Section 3.1.2 (c)(i) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 10 section b. iii. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 3.2 GENERAL REQUIREMENTS 3.2.1 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of vehicular lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.2.2 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare shall taper to meet those of the existing Thoroughfare. 3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic Space the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton shall still apply. 3.2.4 Standards for new Thoroughfares shall be as follow: a. In zones T2, T3, T4, new Thoroughfares shall conform to Table 3. b. In Special Districts, new Thoroughfares shall conform to Table 3 or the requirements of the Subdivision Ordinance. c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.2.5 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.2.6 Rear Alleys shall be paved for their width. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 11 3.2.7 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. 3.3 THOROUGHFARES - VEHICULAR LANES 3.3.1 New thoroughfares shall include vehicular lanes in a variety of widths for parked and moving vehicles, and may include Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3.2 Where on-street parking is permitted in Table 3, the pavement width may be reduced at intersections by the addition of sidewalk bulbouts within the parking lane, but the overall right-of-way and Public Frontage shall remain unchanged. 3.4 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4.1 A bicycle and equestrian network consisting of Greenways (which may include Multi-Use Trails and Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Arnold Mill Regulating Plan and the Milton Trail Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. When the Arnold Mill Regulating Plan and the Milton Trail Plan both identify a facility in the same location, the director of public works shall determine which is required. 3.4.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Arnold Mill Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4.3 Additional on- or off-street bicycle facilities not specified in the Deerfield/Highway 9 Regulating Plan may be provided. When on-street facilities are provided within new Thoroughfares, the width of the thoroughfare in Table 4 shall be correspondingly increased, subject to approval of the director of public works. 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.5.1 General to zones T2, T3, T4 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones only as specified in Table 3 and Table 10 section c. c. Retrofit of existing Thoroughfares i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Retrofit may also include the addition of a Slip Road. ii. A Warrant to these retrofit requirements may be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton, as mutually agreed upon by the applicant and the City of Milton. Where an easement is provided, the Frontage Line will not be congruent with the right-of-way. A Warrant to this retrofit requirement may only be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 12 d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 140/Arnold Mill Road street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. 3.5.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.5.3 Specific to zones T3, T4 a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.5.4 Specific to zone T4 a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.5.5 Specific to State Route 140/Arnold Mill Road, notwithstanding contrary requirements of specific Transect Zones or Special Districts, and except as otherwise required by the Georgia Department of Transportation. a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet b. In zone T3 and T4 the Public Frontage shall include a Planter having a minimum width of 8 feet. c. In zone T2 and Special Districts the Public Frontage shall include a Planter having a minimum width of 12 feet. d. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on- center. The spacing may be adjusted by Warrant to accommodate specific site conditions. 3.6 CIVIC ZONES 3.6.1 General a. Civic Zones are designated on the Arnold Mill Regulating Plan, on an Infill Regulating Plan, or on a site subject to Section 3.6.2(a) or 3.6.2(b) as Civic Building Sites or Civic Spaces. 3.6.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space b. Sites of more than 8 acres and not located within an Infill Regulating Plan shall dedicate at least 10% of their total area to Civic Space. c. Civic Spaces shall be designed as described in Table 4 and shall be accessible to the public during normal City of Milton park hours or longer each day. d. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except as otherwise stated below: i. A Playground or Pocket Park shall have a minimum of 25% of its perimeter Enfroning one of more Thoroughfares. ii. A Park shall have a minimum of 100 feet of its perimeter Enfronting one Thoroughfare. e. Each Civic Space shall be at least 60 feet in width and length, except for Parks. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 13 f. The following areas shall not count towards satisfying Civic Space requirements: i. Greenways, except where they pass through a Civic Space meeting the requirements of Table 4; ii. Undisturbed natural vegetative buffers along stream as required by Section 20-426 of the Code of the City of Milton; and iii. Retention and detention areas used for permanent or occasional water storage. g. Sites identified as suitable for Civic Spaces on the Arnold Mill Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. 3.7 COMMON MAIL FACILITIES 3.7.1. Common mail facilities for delivery of US mail shall be made in every development that includes a residential use, subject to approval by the US Postal Service. 3.7.2. Common mail facilities shall be covered, shall include a trash receptacle, and shall include two dedicated parking spaces. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 14 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of Article 4 of This Code. 4.1.2 Building and site plans submitted under This Code shall show compliance with the following standards described in This Code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages b. For final approval, in addition to the above: i. Landscaping ii. Signage iii. Special Requirements, if any iv. Architecture 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in This Code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of This Code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of This Code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 A property existing at the date of adoption of This Code or any amendments thereto that does not conform to the provisions of This Code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of This Code that shall apply. 4.2.2 Lots existing at the time of adoption of This Code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of This Code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Arnold Mill Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 15 c. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. d. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4 a. Newly platted Lots shall be dimensioned according to Table 10 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 6 and Table 10 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12 except as otherwise approved by Warrant. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10 section e except as otherwise approved by Warrant. f. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. g. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. h. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. i. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4 a. The maximum building size shall be as follows: i. The maximum building footprint shall be 18,000 square feet and the maximum overall building size shall be 36,000 square feet. ii. A group of two or more buildings that share at least one common wall will be considered as one building. b. The Private Frontage of buildings shall conform to Table 7 and Table 10. c. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. d. Building heights shall conform to Table 5. e. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 16 f. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. g. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. h. Building height limits do not apply to attics or above-ground portions of basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. i. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. j. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T4-Open a. Structures and parcels in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. b. Specific uses identified in Table 10 shall apply regardless of whether the use is a permitted use or accessory use. A structure or parcel may contain more than one permitted or accessory use. c. In addition to the accessory uses identified in Table 10, a structure or parcel may also be used for uses customarily incidental to any permitted use. 4.6.2 Specific to zone T2 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zones T3, T4 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.4 Specific to portions of zones T3, T4 within 200 feet of the centerline of State Route 140/Arnold Mill Road a. The Function and Use provisions of T4-Open shall apply. b.. Functions and Uses allowed in T4-Open, except accessory parking, that are otherwise prohibited in T3 or T4 must be completely within 200 feet of the centerline of State Route 140/Arnold Mill Road. c. Accessory parking serving a T4-Open Function or Use is not restricted to within 200 feet of the centerline of State Route 140/Arnold Mill Road. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. Where permitted within the first Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 17 opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. 4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either: a. A minimum 6 foot high opaque fence matching the material of the building; or b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 Above-ground facilities shall be improved for aesthetic appeal through the use of green infrastructure or low impact development approaches, or shall be located in the least conspicuous area of the site as engineering standards will allow. 4.8.3 Above-ground stormwater management shall be designed to create a natural look. 4.8.4 The creation of shared stormwater management facilities serving multiple properties is encouraged. 4.9 OFF-STREET PARKING AND LOADING 4.9.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Required visitor parking in zones T2, T3 a. In addition to the requirements of Section 4.9.1, all single-family residential use groups established in Section 64-140 shall provide a minimum of 0.3 visitor parking space per dwelling unit. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 18 b. Required visitor parking may either be provided off-street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off-street parking as required by Article VIII may be reduced and shared parking among uses may be permitted, in accordance with Section 64-1411. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.10.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third Layers, except that driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.10.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. 4.10.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. 4.10.5 Specific to zones T4-Open a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage, unless a greater width is approved by Warrant to comply with the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 4.11 LANDSCAPE STANDARDS 4.11.1 General to zones T2, T3, T4 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10 section e. b. Walkways shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Other hardscapes shall be decorative gravel, brick, or crush stone edged with steel, brick, native rocks, or granite. d. Stamped concrete is prohibited. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 19 e. Plant materials should be native or historic species. Perennials, herbs, fragrant shrubs, boxwood, and native trees are encouraged. f. Stone walls and picket fences should be incorporated into landscape plans and with a mix of materials and designs. 4.11.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of driveways as specified in Sections 4.10.2 and 4.10.3. 4.11.3 Specific to zone T3 a. A minimum of two trees approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.11.4 Specific to zone T4 a. A minimum of one tree approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11.5 The following non-native invasive species shall not be planted anywhere in This District: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) j. Lespedeza bicolor (shrubby lespedeza) k. Lespedeza cuneata (sericea Lespedeza) l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 20 z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.12 LIGHTING STANDARDS 4.12.1 Parking lot lighting shall meet the following standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Post arm style shall be Shepherd's Crook. 4.12.2 Public pedestrian lighting shall meet the following standards: a. Poles shall be the Georgia Power “Washington” type as approved by the community development director. b. Fixtures shall be the Georgia Power “Granville” type as approved by the community development director. 4.12.3 Shoe box and cobra style lights are prohibited. 4.12.4 Light housings and posts shall be a dark color/material and be nonreflective. 4.12.5. Sodium vapor, exterior neon, and colored lights are prohibited. 4.12.6 Only fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.12.7 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.12.8 Light trespass (spill light) onto an adjacent zone T2, T3, T4, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. 4.12.9 Building exterior light fixtures shall meet the following standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one one-photocell fixture on their Rear Alley Elevation. c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent. 4.13 DRIVE THROUGH STANDARDS 4.13.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.13.2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.13.3 Vehicular access to a drive-through facility shall be from the interior of a lot or from a Rear Alley to avoid disrupting pedestrian traffic unless otherwise approved by Warrant for lots whose size, shape, or topography render this requirement unfeasible. If a separate driveway is approved by Warrant, its width shall be in accordance with Section 4.10.5(b). 4.13.4 Drive-through facilities shall be considered accessory structures to a building and shall be only allowed by use permit as set forth in Table 9. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 21 4.14 GASOLINE STATION STANDARDS 4.14.1. Gasoline station canopies and pumps: a. Shall be located to the side or rear of the Principal Building. b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.14.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.3. Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.12.9. 4.15 SIGN STANDARDS 4.175.1 The provisions of Section 64-2325 of the Code of the City of Milton shall apply in This District. 4.16 ARCHITECTURAL STANDARDS 4.186.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City Architect. 4.16.2 All buildings shall be based on building forms historically found in the City of Milton and nearby areas and designed in one of the following styles as defined in Article 7 Architectural Styles of This Code: a. Vernacular b. Queen Anne 4.16.3 Buildings shall be designed in one of the styles set forth in Section 4.16.2 by-right, or in a simplified interpretation thereof by Warrant. Notwithstanding the provisions of section 1.5.3, in considering whether to approve a Warrant with respect to architectural standards, the community development director shall consider whether the building design, while not strictly in accordance with the style requirements, meets the intent set forth in Section 1.1 and will not adversely affect adjacent properties or the public health, safety, and welfare. 4.16.5 Except within a designated historic district, compliance with Sections 4.16.2 and 4.16.3 shall be as determined by the community development director following comment from the city architect or city design review board, as applicable. 4.16.6 Exterior insulation finishing system (EIFS), plastic, aluminum exterior railing systems, vinyl-coated products, and bright brass finished fixtures or hardware are prohibited on any building exterior or detail. 4.16.7 Buildings shall be composed of a single gable or hip primary building mass, with a potential for a subordinate secondary building mass and/or separate carriage house mass. The Queen Anne “L” shaped house is also permitted. Forms should reflect the importance of function, meaning that the primary building primary mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. 4.16.8 Exterior Walls a. No more than three different exterior materials may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. b. Exterior materials of the primary building mass shall be limited to brick, natural stone, or clapboard. c. Exterior materials of secondary building masses shall be limited to brick, natural stone, or clapboard, board and batten, or wood shingles. d. Stove pipes of adequate size are allowed. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 22 e. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. f. Flat panel materials with applied batons are not allowed. g. Foundations shall be finished with brick or stone. 4.16.9 Roofs a. Roofs shapes shall be gabled with a slope of between 6:12 and 10:12. This does not include porches, which may utilize other shapes and slopes. b. Roof materials shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, or asphalt shingles. c. Gutters shall be half-round with round downspouts finished in unpainted galvanized metal or colored to resemble galvanized metal. d. Chimneys and stove pipes of adequate size are allowed. 4.16.10 Windows and Doors a. Windows and doors shall be of vertical proportions, including jambs and individual glass panes. b. Glass panes in windows and doors within a single building should be of similar portion and generally in accordance with the Golden Mean, with the following exceptions: i. Front door sidelights, and ii. Greek revival fret transoms. c. Windows shall be of similar sizes and generally not ganged. d. Grill between glass, reflective glazing, and pop-in grills are prohibited. e. Windows shall be True Divided Lite or Simulated Divided Lite. f. Transom windows are prohibited except over doors. g. Shutters shall be authentic, fully operable, and capable of closing over the window sash. h. Doors shall have a roof cover. 4.16.11 Chimneys a. Stacks shall be faced in brick or stone. b. Chimneys should be centered on gables. 4.16.12 Porches and balconies a. Placement i. Porches and balconies shall be provided along elevations Enfronting Thoroughfares, passages, or Civic Spaces. ii. Corner lots shall have side porches or be designed with recesses and projections as to discourage a single plane or wall. ii. Porches may also be used in the rear yard and should be subordinate to the building form or located within the primary building mass. b. Technical and aesthetic requirements i. Porches shall be a minimum of eight feet in depth. ii. Columns shall match building style. iii. Classical columns shall be architecturally correct. iv. Railings shall be simple pickets or fretwork centered on rails. c. Materials ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 23 i. Porch floors shall be wooden, brick, or stone, and shall rest on masonry piers finished in brick or stone. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Areas between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, and shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. vi. Sheet metal and foam columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.16.13 Trim a. Trim shall match the building style, be of local historic character, and comply with the architectural period theme of the building and development it is located within. B. Clapboard structures building may only utilize authentic, flat casings (full 2x4), restoration sills, full “2x” corner boards, cornice assembly of “5/4” and “2x” members, authentic sash windows with True or Simulated Divided Lites, Chamfered solid wood posts, and thick lap siding (Artisan series Hardie or equivalent). ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists primarily of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed; commercial uses are allowed in limited locations. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 25 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 T5 e.T3 T4 T5 f.T5 g.T3 T4 T5 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) For Commercial Street: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 2A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 2B and Table 3. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 26 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton N TRANSECT ZONE T2 T3 T2 T3 T4 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width 12-24 feet Raised Curb 12-18 feet16-24 feet T3 ST-DR-AV TABLE 2B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. Continuous Swale 10-30 feet Regular Sidewalk Regular 10-30 feet Alternating 5-20 feet 5-20 feet 8 feet - 16 feet Continuous Swale Clustered Clustered 8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered RURAL I I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. Continuous Planter Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a Walkway. The hard surface dedicated exclusively to pedestrian activity. T4 HW & RD Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. RD & ST Open Swale Raised Curb 12-18 feet ST-DR-AV-BV 4-8 feet 8 feet - 12 feet Continuous Planter Single 4-8 feet Sidewalk 27 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS RL-24-12 RA-24-24 Rear Lane Rear Alley T2, T3, T4 T3, T4 24 feet 24 feet 12 feet 24 feet Yield Movement Slow Movement 10 MPH 10 MPH 3.5 second 7 seconds n/a n/a None None Taper Taper None None None None Inverted crown Inverted crown None None TABLE 3: Thoroughfare Assemblies: New Thoroughfares shall comply with this table, which incoporates the Public Frontages of Table 2A and Table 2B. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Variations may only be approved by the public works director if the public health, safety, and welfare demand. ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 28 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-281 ST-60-361 Street Street T3, T4 T3, T4 50 feet 60 feet 28 feet 36 feet Slow Movement Free Movement 25 MPH 25 MPH 8 seconds 10.3 seconds 2 lanes 2 lanes One side @ 8 feet unmarked, bulbouts permitted Both sides @ 8 feet unmarked 15 feet 10 feet 5 foot Sidewalk on both sides 5 foot Sidewalk on both sides 6 foot continuous Planter on both sides 7 foot continuous Planter on both sides Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 29 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-50-221 CS-50-281 Commercial Street Commercial Street T4-Open T4-Open 50 feet 50 feet 22 feet 28 feet Slow Movement Slow Movement 20 MPH 25 MPH 6.2 seconds 8 seconds 1 lane 2 lanes One side @ 8 feet marked One side @ 8 feet marked 15 feet 15 feet 18/10 foot Sidewalk 11 foot Sidewalk on both sides 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 30 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-60-361 CS-100-641 Commercial Street Commercial Street T4-Open T4-Open 60 feet 100 feet 36 feet 64 feet Free Movement Slow Movement 25 MPH 25 MPH 10.3 seconds 8.5 seconds at corners 2 lanes 2 lanes Both sides @ 8 feet marked Both sides angled @ 17 feet marked 10 feet 15 feet 12 foot Sidewalk 18 foot Sidewalk 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 31 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS AVE-75-401 AVE-90-561 Avenue Avenue T3, T4 T3, T4 75 feet 90 feet 40 feet 56 feet Slow Movement Slow Movement 25 MPH 25 MPH 5.7 seconds - 5.7 seconds 5.7 seconds - 5.7 seconds at corners 2 lanes 4 lanes Both sides @ 8 feet marked Both sides @ 8 feet marked 15 feet 15 feet 6 foot Sidewalk 6 foot Sidewalk 7 foot continuous planter 7 foot continuous planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 32 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton TABLE 4: Civic Space a.T2 T3 b.T3 T4 T5 c.T4 T5 d.T4 T6 e.T2 T3 T4 T5 f.T2 T3 T4 Pocket Park:An Open Space available for passive recreation and relaxation. Pocket Parks shall include seating, trees, and other landscaping. Pocket Parks shall be interspersed within Residential areas. There shall be no minimum or maximum area, except that every Pocket Park shall be at least 60 feet in width and length. Park:A natural preserve available for unstructured recreation. A park may be independent of surrounding building Frontages. Its landscape shall consist of Paths and trails, meadows, water bodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres. Every Park and portions thereof shall be at be at least 60 feet in width and length. Green:An Open Space, available for unstructured recreation. A Green may be spatially defined by landscaping rather than building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres. Every Green and portions thereof shall be at be at least 60 feet in width and length. Square:An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building Frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be 5 acres. Every Square and portions thereof shall be at be at least 60 feet in width and length. Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building Frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. Every Plaza and portions thereof shall be at be at least 60 feet in width and length. Playground: An Open Space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within Residential areas and may be placed within a Block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum area, except that every Playground shall be at least 60 feet in width and length. 33 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton T2 T3 T4 T5 TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. 34 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton a.T2 T3 T4 b.T4 c.T4Rearyard: A building that occupies the full Frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: A building that occupies the center of its lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: A building that occupies one side of the lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 35 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 d.T4 e.T4 T6 f.T4 g.T4 TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. SECTION PLAN Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. 36 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton T4 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 9. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T3 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimited within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T4-OpenWithin 200 feet of the centerline of State Route 140/Arnold Mill Road the Function regulations of T4-Open apply. Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building. Open Office:The building area available for Office use is unlimited on the first floor and available to upper stories by Warrant. TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Building Units shall be exchanged for Functions See Table 9 See Table 9 See Table 9 Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 9 See Table 9 See Table 9 37 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1 T2 T32 T42 T4-O3 f. OTHER: AGRICULTURE T2 T32 T42 T4-O3 Apartment UU Grain Storage R Live/Work Unit RRR Livestock Pen W Row House RR Greenhouse RW Duplex House RR Stable RW Courtyard House RR Sideyard House RRR Cottage RRR Kennel with Outside Pens UU House RRRR Pet Grooming R Accessory Unit RRRRf. OTHER: AUTOMOTIVE b. LODGING Gasoline Station4 W Motel, Hotel R Service Station Bed & Breakfast Inn UURR Automotive Garage, Repair Garage R School Dormitory RR c. OFFICE Office R Car Wash5 R Radio and Television Station R Drive-Through Facility 6 U Live/Work Unit RRR Roadside Stand RRR d. RETAIL f. OTHER: CIVIL SUPPORT Open-Market Structure RRRR Fire Station RRRR General Retail RR Police Station RR Pawn Shop Cemetery UUU General Service RR Funeral Home R Restaurant RR Hospital Kiosk RR Medical Office, Clinic R Drive-Through Facility 6 U Push Cart W Liquor Selling Establishment W Self Service Laundromat R f. OTHER: EDUCATION Bank/Financial Institution R Bail Bondsmen Check Cashing Establishment College UUUU Adult Entertainment High School UUUU Fortune Telling Establishment Trade School UUUU RRRR Elementary School UUUU Childcare Center7 UUUU RRRRf. OTHER: INDUSTRIAL e. CIVIC Heavy Industrial Facility Bus Shelter R RRR Light Industrial Facility Convention Center Manufacturing Conference Center W Catering R Fountain or Public Art RRRR Library RR Theater R Research Laboratory Indoor Commercial Amusement R Water Supply Facility Outdoor Commercial Amusement W Sewer and Waste Facility Movie Theater R Electric Substation WWWW Museum R Telecommunications Assembly Hall, Indoor Auditorium R Cremation Facility Gymnasium R Warehouse Outdoor Auditorium WRRR Landscaping, Lawn Service R Parking Structure R Produce Storage Passenger Terminal Recycling Center Playground RRRR Mini-Storage Sports Stadium 3. T4-Open Surface Parking Lot WW4. See Sec. 4.14 for additional requirements. Place of Worship UUUU5. Includes both principal and accssory car washes. 1. This table notwithstanding, all senior housing shall comply with Sec. 64-1834(a). 6. Drive-through facilities are considered accessory to a Retail or Automotive Function 7. See Sec. 64-1809 for additional requirements. Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment Veterinary Clinic/Hospital, Kennel (with inside pens) R Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice Laundry and Dry Cleaning Distribution Center W See Sec. 54 of the Code of the City of Milton 2. Within 200 ft of the centerline of State Route 140/Arnold Mill Road, the Function  and Use regulations of T4-Open apply. School of Business, Dance, Music or Similar TABLE 9: Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. W Automobile and Light Truck Sales/Leasing 38 May 19, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V2 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE a. By Right By TDR b Block Perimeter c. HW BV AV CS DR ST RD Rear Lane Rear Alley Path Passage Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route d. Park Green Square Plaza Playground, Pocket Park e. Lot Width Lot Coverage f. (f.1) Front Setback Principal (f.2) Front Setback Secondary (f.3) Side Setback (f.4) Rear Setback Frontage Buildout g. Front Setback Side Setback Rear Setback h. Edgeyard Sideyard Rearyard Courtyard i. Common Lawn Porch & Fence Terrace, Dooryard Forecourt Stoop Shopfront Gallery Arcade j. Principal Building Outbuilding k. Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. TABLE 10: Code Summary FUNCTION2. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use limited use3 limited use4 restricted use limited use3 limited use4 restricted use limited use3 limited use4 3 stories max. 3 stories max. 2 stories max. 3 stories max. 3 stories max. 3 stories max. 1 min. BUILDING FUNCTION (See Table 8 and Table 9) restricted use limited use3 limited use4 BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMnot permitted not permitted not permitted permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted permitted permitted permitted permitted permitted permitted PRIVATE FRONTAGES (See Table 7) not permittednot permitted not permitted BUILDING PLACEMENTnot permitted not permitted not permitted not permitted permitted permitted permitted not permitted not permitted BUILDING PLACEMENT (See Table 6) 50 ft. min. 12 ft. min. 3 ft. min. 25 ft. min. 3 ft. SETBACKS - OUTBUILDING (See Table 11) 25 ft. min. 10 ft. min. 0 ft. min. 60 ft. min. 15 ft. min. 10 ft. min. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max. 70% max. permitted permitted permitted LOT OCCUPATION 100 ft min 70 ft. min. 18 ft. min. not permitted not permitted not permitted not permitted permitted not permitted permitted permitted by Warrant CIVIC SPACES (See Table 4) not permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted not permitted permitted required, or Lane not permitted permitted permitted permitted permitted permitted not permitted not permitted permitted permitted permitted permitted required, or Alley not permitted permitted permitted not permitted not permitted not permitted permitted not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max. 2,400 ft. max. THOROUGHFARES (See Table 2 and Table 3) TDR not permitted 5 units / ac. 6 units / ac. BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac. 2 units / ac. 3 units / ac. 50 ft. min. 3 ft. min. not applicable 40 ft. min. 12 ft. min. 3 ft. or 6 ft. min.2 0 ft. or 3 ft. min.2 not applicable not applicable 3. Different Building Function requirements apply in T4-Open and in portions of zones T3 and T4 within 200 feet of the centerline of State Route 140/Arnold Mill Road permitted permitted not permitted not permitted 8 ft. min. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback permitted 39 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton TABLE 11A: Code Graphics - T3 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 70 ft. min. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 ft. min. 12 ft. min. 10 ft. min. 12 ft. min.** not applicable h. 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. j. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted Refer to Summary Table 10 3. * or 15 feet from center line of alley "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. Porch & Fence Terrace or Lightwell Forecourt ** Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. Stoop Shopfront & Awning PARKING PLACEMENT (h.2) Side Setback (h.3) Rear Setback Common Yard (g.2) Front Setback Secondary Within T4-Open and within 300 ft of the centerline of State Route 140/Arnold Mill Road, different Function and Use regulations apply. Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. Gallery SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) (h.1) Front Setback Principal BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 8) LOT OCCUPATION (See Table 10 section e) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout (g.1) Front Setback Principal Principal Building Edgeyard Sideyard BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and above ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling. Height shall be measured to the eave or roof deck as specified on Table 5. Office Retail Residential Lodging SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Rearyard Courtyard BUILDING PLACEMENT (See Table 6) Outbuilding Lot Width Lot Coverage 40 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton TABLE 11B: Code Graphics - T4 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 18 ft. min. 70% max. i. permitted permitted permitted 1. not permitted g. 10 ft. min. 8 ft. min. 0 ft. min. 3 ft. min.** 50% min. at setback h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. permitted 1. permitted permitted permitted permitted 2. permitted permitted Refer to Summary Table 10 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). (h.1) Front Setback (h.2) Side Setback (h.3) Rear Setback Common Yard Porch & Fence Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Sideyard Rearyard Courtyard (g.1) Front Setback Principal (g.2) Front Setback Secondary Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and above ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck as specified on Table 5. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout *Within T4-Open and within 300 ft of the centerline of State Route 140/Arnold Mill Road, different Function and Use regulations apply. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) SETBACKS - OUTBUILDING (See Table 10 section g) Lot Width Lot Coverage Edgeyard Residential 41 May 19, 2015 ARNOLD MILL FORM-BASED CODE – V2 City of Milton TABLE 12: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 42 May 19, 2015 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 43 ARTICLE 6. DEFINITION OF TERMS 6.1 DEFINITIONS 6.1.1 This Section provides definitions for terms in This Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Section or in Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in This Code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structures, garages, gasoline station canopies, pumps, and car washes. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median.Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares on all sides. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the Code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. Childcare Center: A facility providing care, protection, and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre-kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia Accreditation Commission. For the purpose of This Code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of This Code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 44 Civic Building: a building operated by a city, county, state, or federal government. Civic Building Site: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4.  Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or Code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Code, This: Article XIX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Conference Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of 800 or fewer people or have meeting and exhibition areas that total 12,000 square feet or less, regardless of whether a principal or accessory use. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Convention Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet, regardless of whether a principal or accessory use. Cottage: an Edgeyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 6.   Courtyard House: a Courtyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 3A and Table 3B. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A.  District, This: property located within the boundaries identified in the Arnold Mill Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 45 Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 6.  Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in “porches Enfront the street.” Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 2A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or  Open, according to the intensity of the use. See Table 8A  and Table 9.  Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7.  General Retail: a business whose primary use is the sale of merchandise, food or beverages to consumers, specifically including, but not limited to, delicatessens, plant nursery, art galleries, printing shops, garden centers, retail store or shops, automotive specialty shops, repair shops not involving any manufacturing on the site, and millineries or similar trade shops whenever products are sold exclusively on the site where produced. General Retail does not include roadside vending, adult bookstores, pawnshops, liquor selling establishments or other uses specifically set forth in Table 9. General Service: a business whose primary use is to provide a service, specifically including, but not limited to, health clubs, spas, personal grooming and hygiene services, barbershops, beauty shops, laundry and dry cleaning shops (excluding laundromats), and photography studios. General Service does not include financial establishments, banks, check cashing establishments, or other uses specifically set forth in Table 9. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4.  Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails and Equestrian Trails. . Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 46 Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A.  House: an Edgeyard Building containing a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. Kiosk: a permanent or temporary freestanding structure with one or more open sides and no larger than 15 feet by 15 feet by 12 feet high from which General Retail merchandise, food, or beverages are offered for sale. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12.  Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 9 and Table 10.  Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 10 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. .  Open Market Structure: a permanent freestanding and unconditioned structure from which vendors, farmers, and artists may display and sell new merchandise, food or beverages. Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with This Code Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12.   Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4.  Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with This Code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code Parking Structure: a building containing either two or more levels of above-ground parking or one or more levels of below-ground parking. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 47 Passage (PS): a pedestrian connector, open or roofed, that is open to the public and passes between buildings or lots to provide shortcuts through long Blocks and connect two Thoroughfares. Passages are not Civic Spaces. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12.   Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See  Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 7 and Table 12.  Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 2A and  Table 2B.  Push Cart: any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of Georgia, from which General Retail merchandise, food, or beverages are offered for sale. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by This Code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and  Table 9.  Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 48 Rowhouse: a single-family dwelling that shares a party wall with another single-family dwelling, is located in a row of at least three and not more than eight single-family dwellings, and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12.  Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10 section  f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See  Table 6. Special Requirements: provisions of Section 4.3 of This Code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or above-ground portions of a basement. See  Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of permanently reducing development potential of areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with This Code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with This Code. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 49 Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a.   Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by This Code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to This Code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of This Code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of This Code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 50 ARTICLE 7. ARCHITECTURAL STYLES 7.1.1 This Section provides an overview of the seven architectural styles and their colors set forth in Section 4.16.2. Because the execution of specific styles can vary, the description/definition of each style can vary and therefore, the information contained in this article may not be all inclusive. A. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12 feet for commercial buildings, and 7 feet to 10 feet for houses. One-story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing- seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building tradition, its form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden-frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the façade three dimensional, using projecting gables and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost every American town ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 51 and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. B. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on “real” materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and “haint” blue. Designs that are inspired by Queen Anne are complex and rich, displaying earth tones that contrast to one another. The designer should research period colors and become familiar with the combinations that can be used. C. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above-noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 52 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V2 City of Milton  May 19, 2015 53 Arnold Mill Regulating Plan -DRAFT V2 ARNOLD MILL FORM -BASED CODE May 19, 2015 Prepared by TSW This map produced using data provided by the City of Milton, Fulton County, the Atlanta Regional Commission, fieldwork by Tunnell-Spangler-Walsh &Associates, and other public sources. Data are not guaranteed. HO HE BEST QUALITY OF LIE IN GEORGIA' MILTON*kl ESTABLISHED 2006 l!ej HOME OF ' FSTAiii.ISHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-12 — Kings Close with Approximately 525 Feet of Frontage on the West Side Located in the 2nd District, 2nd Section in Land Lots 396 and 397 by Five Oaks Development, Inc. to Rezone from AG -1 (Agricultural) to R -2A (Residential) to Develop 5 Single Family Residences on 6.431 Acres with Minimum One Acre Lots. MEETING DATE: Monday, .lune 1, 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: O YES (} NOT APPROVED VNO kNo APPROVAL BY CITY ATTORNEY () APPROVED NO APPROVED PLACED ON AGENDA FOR: REMARKS 1110YOu(M **,r PHONE: 678.242.25001 FAX: 678.242,2499 Green ; E hick info@cifyofmiltonga.us 1 www.cifyofmiitonga.us R'ILDLIFE COn1MUnit jr 4 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004''x`` Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 1 of 15 RZ15-12 RZ15-12 PROPERTY INFORMATION ADDRESS Kings Close with approximately 525 feet of frontage on the west side DISTRICT, LAND LOT 2/2 396 and 397 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-2A (Residential) ACRES 6.431 EXISTING USE One existing single family residence PROPOSED USE 5 Single Family Residential Units PETITIONER Five Oaks Development, Inc. ADDRESS 2950 Mount Wilkinson Parkway, Unit IIII Atlanta, GA 30339 REPRESENTATIVE Scott Reece Brumbelow - Reese & Associates, Inc. 13685 Highway 9, Milton GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MAY 27, 2015 RZ15-12 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 (Agricultural) to R-2A (Residential) to develop 5 single family residences on 6.431 acres with minimum one acre lots. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 2 of 15 RZ15-12 PLANNING COMMISSION RECOMMENDATION – MAY 27, 2015 RZ15-12 – APPROVAL CONDITIONAL – 7-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 3 of 15 RZ15-12 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 4 of 15 RZ15-12 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 5 of 15 RZ15-12 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 6 of 15 RZ15-12 SITE PLAN SUBMITTED MARCH 27, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 7 of 15 RZ15-12 SUBJECT SITE AND BACKGROUND: The subject site contains 6.431 and is developed with one single family residence as well as a new street called Kings Close. The street is bisected with the Forsyth County Line. It is currently zoned AG-1 (Agricultural) and is accessed through The Manor Golf and Country Club via Watsons Bend. The site is located within the “Private Recreation” designation of the City of Milton 2030 Comprehensive Plan Map. The subject site was not land within the golf course and therefore, mislabeled on the Plan Map. The applicant is requesting a rezoning to R-2A (Residential) to develop 5, minimum one acre lot single family residences at an overall density of .777 units per acre. The existing home will be torn down to allow a new structure on lot 75. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on March 27, 2015, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-508 R-2A (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 60 feet 60 feet Minimum side yard as follows: Adjacent to interior line: 15 feet Adjacent to street: 30 feet 15 feet 30 feet (There are no side yards adjacent to a street) Minimum rear yard – 40 feet 40 feet Minimum lot area – 27,000 sq.ft. 1 Acre Minimum lot width shall be 120 ft. 120 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For two-story dwelling: 1,800 sq.ft. or Per the letter of intent – 4,000 sq.ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 8 of 15 RZ15-12 OTHER SITE PLAN CONSIDERATIONS Pursuant to Sec 64-2392, the Zoning Ordinance requires sidewalks which shall be constructed in accordance with the Department of Public Works standard plan which requires sidewalks on at least one side of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width with a minimum 2 foot beauty strip between the sidewalk and the curb. The site plan does not indicate the required sidewalks, but a condition is included to provide a sidewalk on at least one side of the street. The stormwater for this site will be addressed with the lake on the southern portion of the property. Homes within this development will be required to meet the Rural Milton Overlay District development standards. This includes maximum lot coverage of 25 percent where fronting on private streets. This is based on a recent amendment of the Overlay by the Mayor and City Council. Otherwise, it appears that the development meets the requirements of the Overlay. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: “There is no jurisdictional Flood Plain per official FEMA maps. All wetlands located on this site are located within lake/stream banks or buffers with no development activity proposed in this area. A portion of the property located along the edge of the lake contains slopes of 25 percent or greater. This area is covered in mature woodlands with no visible erosion or de-stabilization and no activity is planned in this area. Our field inspection discovered no vegetation or historical sites located on this property. A tree survey was performed on this property and the specimen trees located on this property are shown on the site plan.” ARBORIST COMMENTS The proposed rezoning will be subject to the same specimen tree preservation and tree density coverage as the existing zoning development standards. It appears that the 42” water oak between lots 71 and 72 should be preserved. It appears that some of the trees on lot 75 will be removed to build a new house. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 9 of 15 RZ15-12 CITY OF MILTON FIRE MARSHAL The Fire Marshal has no issues with the proposed site plan. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 10 of 15 RZ15-12 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 11 of 15 RZ15-12 PUBLIC INVOLVEMENT On April 27, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There was no one in attendance for the subject site. Public Comments – Staff has received one phone call or e-mail regarding this petition. Staff explained the proposal and the neighbor was satisfied. PUBLIC PARTICIPATION REPORT Staff received the report on May 18, 2015. The applicant’s Public Participation Meeting was held on May 13, 2015 between 5:00 pm and 8:00 pm at the Brumbelow-Reese offices located on Hwy 9. There was one person in attendance at the meeting. He was representing The Manor HOA and concerned that this property is not part of the Manor covenants. The applicant’s attorney and the HOA attorney are trying to work out this issue. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – May 5, 2015  There appears to be no other solution for the site. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 5 lot single family residential subdivision developed at a density of .777 units per acre is consistent with the adjacent development to the north, west and south within the City of Milton and The Manor Golf and Country Club which is zoned AG-1 and developed with minimum one acres lots. To the east in Forsyth County, it is zoned R2R which requires a minimum lot size of 22,000 square feet. Further to the east, it is Zoned MPD (Master Plan Development) at a density of 1.84 units per acre. It is Staff’s opinion that the proposed use and density is suitable with adjacent properties within the City. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 12 of 15 RZ15-12 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. It is Staff’s opinion that the proposal will not cause a burden on transportation facilities if approved with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Private Recreation (Low Density Residential) Proposed use/density: Single Family Residential at .777 units per acre/CONSISTENT Although the Plan Map recommends Private Recreation, it is believed it should have been designated Low Density Residential based on the designation for The Manor. This property was not a part of the golf course itself. In addition, the R-2A zoning designation is acceptable within the Low Density Residential designation. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 13 of 15 RZ15-12 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with the adjacent development for lot size and density, but the applicant requested the R-2A designation to allow smaller side setbacks to be consistent with the opposite side of the road within Forsyth County. It is consistent with the 2030 Future Land Use Plan and therefore, Staff recommends APPROVAL CONDITIONAL of RZ15-12. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense. CONCLUSION The proposed 5 lot single family subdivision is consistent with the City of Milton’s 2030 Comprehensive Land Use Plan and adjacent and nearby properties. Therefore, Staff recommends APPROVAL CONDITIONAL OF RZ15-12. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 14 of 15 RZ15-12 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Kings Close with approximately 525 feet of frontage on the west side, it should be approved for R-2A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .777 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation) 5/28/2015 Page 15 of 15 RZ15-12 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lots. b) Minimum heated floor area per unit – 4,000 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. b) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i. Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. ORDINANCE NO._______ PETITION NO. RZ15-12 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R2-A (SINGLE FAMILY RESIDENTIAL) FOR A 5 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON KINGS CLOSE CONTAINING 6.431 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 15, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located Kings Close consisting of a total of approximately 6.431 acres as described in the attached legal description, be rezoned to the R-2A (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 396 and 397 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-2A (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 5 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the Cit y Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of June, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Kings Close with approximately 525 feet of frontage on the west side, it should be approved for R-2A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .777 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum one acre lots. b) Minimum heated floor area per unit – 4,000 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. b) Dedicate, at no cost to the city, at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. SITE PLAN RECEIVED ON MARCH 27, 2015 0 HOME OF ' ILTON ESTAM_ISI IFF) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of U 1 5-031VC1 5-02 —2780 Bethany Bend by Bob Dike to Request a Use Permit for a Day Care Facility (Sec. 64-1809) for After School Program and Summer Camp within an Existing Church and a Concurrent Variance to Allow a Non-opaque Fence for the Playground enclosure [Sec. 64-1809(b)(3)]. MEETING DATE; Monday, June 1, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES WNO CITY ATTORNEY REVIEW REQUIRED: {) YES X NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: O 1 f S REMARKS *S4 © _* Your PHONE: 678,242.25001 FAX: 678.242.2499 „Green of *c:ec�i��i* Iop IW infoGcityofmiltonga.us I www.cityofmiitonga.us Community �tay z; 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 1 of 12 PETITION NUMBERS U15-03/VC15-02 ADDRESS 2780 Bethany Bend DISTRICT, LAND LOT 2/2, 833 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) and Use Permit for Church pursuant to U97-21 PROPOSED USE PERMIT Day Care Facility ACRES 7.1266 EXISTING USE 120 Seat Church OWNER Morning Star Church of the New Church ADDRESS 2780 Bethany Bend Milton, GA 30004 APPLICANT Morning Star Church of the New Church / Bob Dyke ADDRESS 2780 Bethany Bend Milton, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MAY 27, 2015 U15-03 - APPROVAL CONDITIONAL VC15-02 – APPROVAL PLANNING COMMISSION RECOMMENDATION – MAY 27, 2015 U15-03 - APPROVAL CONDITIONAL - 7-0 VC15-02 – APPROVAL – 7-0 To request a Use Permit for a Day Care Facility (Sec. 64-1809) for after school program and summer camp within an existing church and a concurrent variance to allow a non-opaque fence for the playground enclosure (Sec. 64-1809(b)(3)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 2 of 12 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 3 of 12 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 4 of 12 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 5 of 12 SITE PLAN SUBMITTED – March 27, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 6 of 12 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 120 seat church on 7.1266 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan and revised letter of intent submitted to the Community Development Department on March 27, 2015, Staff offers the following considerations: Day Care Facility (Section 64-1809) Required Standard Meets the Standard (a) Required Districts; R-6, TR, A, and A-L. May be allowed in single-family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital. This use is allowed as a permitted use in districts CUP, O-I, MIX, C-1, C-2, Deerfield/Hwy 9 Form Based Code and Crabapple Form Based Code. Yes, existing church (b) Standards. 1. Facility shall be for seven or more persons, excluding staff. Yes No 2. Provide a minimum six-foot-high opaque fence interior to any required landscape strips or buffers around the periphery of the yard used for the play area. No, See VC15- 02 discussed below. 3. Play areas shall be located within the rear or side yards. Yes 4. The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. Yes 5. No parking allowed in the minimum front yard setback. Yes 6. Driveway design shall permit vehicles to exit the property in a forward direction. Yes 7. In accordance with section 64-2131, submit a noise study report as required. Does not apply. The applicant’s letter of intent received on March 27, 2015 explains their plans for the proposed after school and summer camp programs. The programs will be operated by Wonderland International Learning Center. Students attending the after school program will be drawn from local elementary schools ranging in age from 5 to 12. There may be some tutoring classes offered for students from middle school and high school. The maximum number of students in the after school or summer camp would be 60. The church building has approximately 5,000 square feet. The after school program will utilize three class rooms, a large society room and the 2,100 square Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 7 of 12 foot sanctuary. A flat open grass area of approximately 11,500 square feet in the rear of the church will be used for outside activities. A 1,024 square foot area in the rear of the open area will be dedicated to a playground facility. The grassy area and the playground will be enclosed with a 6 foot high decorative black aluminum fence. We are seeking a concurrent variance to replace the required opaque fence with an aluminum vertical rail type fence. Discussion of Use Permit Standards The applicant meets the standards for the daycare with the exception of the request to construct a non-opaque fence around the playground, which is discussed below. VC15-02 - To allow a non-opaque fence for the playground enclosure (Sec. 64- 1809(b)(3)). The applicant is proposing a non-opaque fence to surround the playground. A black metal vertical fence was proposed. At the Design Review meeting they asked if a four board horse fence could be installed. The applicant is open to that if it looks good at six feet as required by code. Staff has found that the state does not allow for chicken wire for fencing which is used for equestrian fencing. It is Staff’s opinion that installing a non-opaque fence is consistent with the goal of the city to limit opaque fences and walls, Staff recommends APPROVAL CONDITIONAL of VC15-02. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1143. City Arborist There are no specimen trees impacted by the development of the playground or fenced in area on the site. Fire Marshal Two emergency exits leading from different sides of the fence surrounding the playground, but not through the building maybe required. In addition, the interior will need to be reviewed for compliance for fire code based on the educational function of the use. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, streams, steep Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 8 of 12 slopes or archeological/historical sites. There is no endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On April 28, 2015 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one member of the community in attendance at the meeting. The following issues were brought up at the meeting:  The proposed after school program would produce too much traffic in the area.  When the church was originally approved in 1997, there was not supposed to be any additional uses. (Staff notes that this was not in the conditions of zoning from 1997.)  The kids on the playground will disturb the adjacent neighbors. City of Milton Design Review Board Meeting Courtesy Review – May 5, 2015  No primary colors.  Install four board horse fence, unless alternative is required by code. Public Participation Plan and Report The applicant held the required Public Participation Meeting at the Morning Star Chapel at 8:00 pm on May 18, 2015. There was no one from the community or other interested parties at the meeting. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed use within the existing church is located in the land use category “Community Facilities” on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit for day care facility is Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 9 of 12 permitted in the AG-1 (Agricultural) district when it is associated with a church and is consistent with the Community Facilities land use category. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located near the northwest corner of Bethany Bend and Hopewell Road. There are scattered single family residences to the north and northeast of the site. On the northeast corner of Bethany Bend and Hopewell Road is zoned for NUP (Neighborhood Unit Plan) for a total of 24 single family residences pursuant RZ13-16. To the southeast is Cambridge High School and to the south is Kings Ridge Christian Academy located within the City of Alpharetta. Further to the southwest is North Park within the City of Alpharetta. It is Staff’s opinion that the proposed after school and summer camp uses are compatible with adjacent and nearby properties if approved with the Recommended Conditions . 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets is minimal based on the estimate afternoon left turns into the site are 7 for drop off and 7 for pick up during the peak periods for the use. In addition, the average daily trips on Bethany Bend are 8,800 per day and meets the threshold for a left turn lane. The drop off and pick up times will occur outside of both the school peak hour and evening peak hour. 4. The location and number of off-street parking spaces; A day care facility requires 1.7 spaces per 1,000 square feet plus 1 space per 4 employees. The area to be used is 5,000 square feet and there will be approximately 8 employees. Therefore, the number of required off street parking spaces is 11 spaces. There is an existing parking lot for the church which has more than 40 parking spaces. 5. The amount and location of open space: The proposed site provides adequate open space on the site if approved with the recommended conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 10 of 12 6. Protective screening: The site meets the required buffers and landscape strips at the time of the approval of the Use Permit for the church. Since that time, the City has adopted the Rural Milton Overlay that requires a 75 foot undisturbed buffer and 10 foot improvement setback if additional square footage was proposed. The applicant is only adding a fenced playground area but the site plan indicates compliance with the 75 foot undisturbed buffer and 10 foot improvement setbacks adjacent to single family residential. In addition, the existing configuration of the site and vegetation meets the requirements of the Rural Viewshed that requires buildings to be 60 feet from the road. 7. Hours and manner of operation: The following hours are proposed as indicated in the applicant’s letter of intent: Monday through Friday -2:30 p.m. to 7:00 pm School Holidays – 8:00 a.m. to 7:00 p.m. Summer Camp - 8 a.m. to 6:30 p.m. It is Staff’s opinion that the above mentioned hours of operation are reasonable for the proposed uses and will be included in the Recommended Conditions. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The proposed use will access the site using the existing drive way which includes a right turn lane on Bethany Bend. Utilizing the International Traffic Engineers trip generation rates for a daycare center based on 60 students, there are an estimated 25 a.m. entering trips for drop off and 23 p.m. entering trips for pick up. The distribution for entering vehicles is projected to be 70% westbound and 30% eastbound. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 11 of 12 CONCLUSION If approved with the Recommended Conditions, the proposed after school program and summer camp associated with a church are consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U15-03 and VC15-02 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 1, 2015 (First Presentation). 5/28/2015 U15-03/VC15-02 Page 12 of 12 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An after-school and summer camp within the existing building for no more than 60 students. b) The hours of operation shall be the following: i. After School Program Monday through Friday -2:30 p.m. to 7:00 pm School Holidays – 8:00 a.m. to 7:00 p.m. ii. Summer Camp: Monday –Friday 8:00 a.m. – 6:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No primary colors shall be used for the playground equipment. b) To allow non-opaque fencing for the playground. (VC15-02) ORDINANCE NO._______ PETITION NO. U15-03/VC15-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE USE A PERMIT FOR A DAYCARE FACILITY (SEC. 64- 1809) ON 7.1266 ACRES LOCATED AT 2780 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 15, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 2780 Bethany Bend consisting of a total of approximately 7.166 acres as described in the attached legal description, be approved for a Use Permit for a Day Care Facility for after school and summer camp activities associated with a church with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 833 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the day care facility listed in the attached conditions of approval, be approved under the provisions Sec. 64-1809 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 15th day of June, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Day Care Facility (Sec. 64-1809) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An after-school and summer camp within the existing building for no more than 60 students. b) The hours of operation shall be the following: i. After School Program Monday through Friday -2:30 p.m. to 7:00 pm School Holidays – 8:00 a.m. to 7:00 p.m. ii. Summer Camp: Monday –Friday 8:00 a.m. – 6:30 p.m. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on March 27, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) No primary colors shall be used for the playground equipment. b) To allow non-opaque fencing for the playground. (VC15-02) SITE PLAN SUBMITTED – March 27, 2015 HOME OF' ESTM1_Iti1 IED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. MEETING DATE: Monday, June 1, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: klAPPROVED CITY ATTORNEY APPROVAL REQUIRED: /� YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY KAPPROVED PLACED ON AGENDA FOR: d 6 C t I S REMARKS O NOT APPROVED () NO () NO () NOT APPROVED 94� ©10 Yau(n _ * * * PHONE: 678.242.25001 FAX: 678.242.2499 Green �'•'�' ; cerT, 0 + Tnp 1W City .�i Infoftityofmiltonga.us I www.cifyofmiltongams 4�u Community Echies � 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 !T- '�` Page 1 of 2 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on May 19, 2015 for the June 1, 2015 Regular Council Meeting (First Presentation) and June 15, 2015 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance authorizing Fulton County to Conduct Election. Executive Summary: On November 3, 2015, an election will be held in the City of Milton to elect the Mayor and City Councilmembers for District 1/Post 2, District 2/Post 2 and District 3/Post 2. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated therein. Funding and Fiscal Impact: The General Election fee of $52,522.80 and General Run-Off Election fee of $48,748.70 (if needed) will be included in the FY2016 budget. This fee will be maintained by Fulton County in a separate election account. Within 120 days after the election or run-off election, Fulton County will furnish a refund of any excess fees. Alternatives: N/A Legal Review: Paul Higbee – Jarrard & Davis (May 26, 2015) Page 2 of 2 Concurrent Review: Ken Jarrard, City Attorney Chris Lagerbloom, City Manager Attachments:  Ordinance of the City Council to Authorize Fulton County to Conduct Election  Intergovernmental for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular se ssion on June 15, 2015 at 6:00 p.m. as follows: WHEREAS, on November 3, 2015, an election will be held in the City of Milton to elect the Mayor and City Council members for District 1/Post 2, District 2/Post 2, and District 3/Post 2; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: 1. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that the Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State, which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 15th day of June, 2015. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Councilmember Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and THE CITY OF MILTON, GEORGIA 1510, �,h L THIS INTERGOVERNMENTAL AGREEMENT is entered into this 3r�day of N tuber 2015, between Fulton County, Georgia ("County"), a political subdivision of the State of f Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, both parties are interested in serving the needs of the citizens of the City by the County providing for the services of conducting all elections required and permitted by law; and WHEREAS, the City desires to contract with the County to conduct all municipal elections for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. 111, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. The City shall make its request to the County within ninety (90) days of an election or the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2024, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City's candidate(s) on the electronic and printed ballots for City elections after qualifying; c) Placing the City's referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 2 ofl3 f) Performing duties of elections Superintendent, and absentee ballot clerk for City elections; g) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; h) Providing staff, equipment and supplies for conducting City elections at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and SUbmitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the City's legal organ regarding calls for special City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter; f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; Page 3 of 13 i) Providing the County with a detailed map showing the City's municipal boundaries and voting district boundaries; j) For all aspects related to the issuance of bonds by the City, except for City referendum election duties specifically requested of the County as provided herein; k) Notifying the County immediately of the need for a special City election including election races and/or ballot referendum questions; 1) Provide the County the ballot language for any election, including election races and/or ballot referendum questions, seventy-five (75) days before Election Day for an election that contains a federal contest and sixty (60) days before Election Day for all other elections; m) Providing the County with an electronic copy of referendums that must be placed on a ballot; n) Providing the County, via electronic mail or facsimile, affidavits and listing of candidates immediately after close of qualifying; 0) Reviewing ballot proofs and notifying County of corrections or approval within seventy-two (72) hours of receiving proofs for candidate listings; and p) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 Pursuant to this Agreement and O.C.G.A. § 21-2-2-45(c) now and as it may be amended hereafter, the City shall pay to the County all costs incurred in performing the functions agreed upon herein. 4.2 For City elections that are to be conducted contemporaneously with a countywide election, the City will pay a base charge of $1,000, plus a 10% administrative fee of the actual election and runoff costs based on the municipality's pro-rata share of the number of electors in the municipality versus the total number of electors in the County. a) An estimate of the City's pro-rata share of the election and runoff costs based on past similar elections will be provided to the City and is due to the County sixty (60) days prior to Election Day. b) Following the election and runoff, the actual costs of the election and runoff will be determined, as well as the City's pro-rata share of the actual costs. Page 4 of 13 c) If based on the estimated election and runoff costs, a refund is due to the City, said refund will issue within sixty (60) days after the City'S receipt of the County's detailed billing statement. Said detailed billing statement shall be delivered to the City within sixty (60) days after the conclusion of the election and any required runoff. d) If based on the estimated election and runoff costs, the City owes the County an additional amount for the election and runoff, the County will issue a detailed billing statement for that amount which is due and payable within sixty (60) days of receipt of said billing statement. 4.3 For City elections that are not conducted contemporaneously with a countywide election, the City will pay the actual cost of such election and runoff plus a 10% administrative fee of the actual election and nmoff costs. a) The County will prepare an estimated budget for the City election based on similar past elections in the form attached as Exhibit B within thirty (30) days of receipt of the City'S request for the County to conduct a special City election. The City will pay the County the sum determined in Exhibit B for the election and runoff to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. b) Following the election and runoff, the actual costs of the election and runoff will be determined. i) If based on the payment made in compliance with Exhibit B, a refund is due to the City, said refund will issue within sixty (60) days after the City's receipt of the County's detailed billing statement. Said detailed billing statement shall be delivered to the City within sixty (60) days after the election and any required runoff. ii) If based on the payment made in compliance with Exhibit B, the City owes the County an additional amount for the election and runoff, the County will issue a detailed billing statement for that amount which is due and payable within sixty (60) days of said billing statement. ARTICLES LEGAL RESPONSIBILITIES 5.1 In a City only election, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, or as a result of equipment supplied or provided by the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement with the exception of and with respect to the candidate prequa1ification period(s). Further, the City, will be responsible for all costs incurred in responding to any such claims or litigation, including but not limited to, hiring outside counsel and all expenses associated with the election challenge and any appeals thereafter. Page 5 of 13 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement, as a result of any error, omission, tort, intentional tort, willful misconduct or any other negligence on the part of the County and/or its employees, agents and assigns. Further, the City will be responsible for all costs incurred in responding to the election challenge, including but not limited to, hiring outside counsel and all expenses associated with the election challenge and any appeals thereafter. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. 5.6 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. Page 6 of13 ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. ARTICLE 9 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non-binding duplicate notice via electronic mail. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the City Manager via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Page 7 of13 If to the City: City Manager With a copy to: City Attorney ARTICLE 10 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 11 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE 12 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion ofthe provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or is construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. Page 8 of 13 ARTICLE 13 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE 14 COUNTERP ARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 9 of 13 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: ------------------------- Clerk to Commission Date: ---------------- ATTEST: APPROVED AS TO FORM: Fulton County Attorney's Office APPROVED AS TO SUBSTANCE: Richard L. Barron, II Director, Fulton County Board of Registrations and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 10 of 13 CITY OF MILTON, GEORGIA __________ (SEAL) Mayor City Clerk (SEAL) Date: ------------------- APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: City Attorney City Manager Page II of13 EXHIBIT A As per the Agreement executed on , the City of Milton hereby requests that Fulton County conduct its Genera/Special Election on November 3, 2015. The last day to register to vote in this election is October 5, 2015. The list of early voting locations will be forthcoming. This day of , 20_ (SEAL) City Clerk The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton General/Special Election on November 3, 2015. This day of , 20_ (SEAL) Elections Superintendent Fulton County Board of Registrations and Elections Page 12 of 13 CITY OF MIL TON GENERAL ELECTION November 3,2015 350-265-2683 COST 1001 SALARIES - OVERTIME 1,905.00 1002 SALARIES - PART-TIME TEMPORARY $9,664.00 1005 SEASONAL - TEMPORARY 10,830.00 1010 SOCIAL SECURITY-SALARIES $1,390.00 1011 SOCIAL SECURITY -MEDICARE $325.00 1060 UNEMPLOYMENT INS $45.00 1120 RENTAL EQUIPMENT $2,177.00 1121 RENTAL BUILDINGS $1,325.00 1159 HOURL Y FEE PERSONNEL Poll Worker Pay and Training Class Fee $13,983.00 Election Day Technicians Election Night Workers 1160 PROFESSIONAL SERVICES $550.00 1174 SECURITY - TRAFFIC AND BUILDINGS $2,443.00 1178 FEES - BOARD MEMBERS $55.00 1342 ADVERTISING $352.00 1346 MILEAGE $65.00 1452 VEHICLE SUPPLIES - FUEL 468.00 1456 POSTAGE $688.00 1459 PRINTING & BINDING $248.00 1461 PHOTOCOPIES $60.00 1462 OFFICE & ELECTION SUPPLIES $725.00 1475 STOCKPAPER $55.00 CITY OF MIL TON GENERAL ELECTION November 3, 2015 350-265-2683 1501 INSURANCE-HEALTH $205.00 1505 INSURANCE-LIFE $11.00 1510 INSURANCE-DENTAL $23.00 1512 INSURANCE-VISION $4.00 1522-RETIREMATCH $58.00 1527 DC- CNTR-EPLR $75.00 1529 DC-CNTR- 2% $19.00 SUB-TOTAL $47,748.00 10 % ADMINISTRATIVE FEE $ 4,774.80 GRAND TOTAL $52,522.80 5/8/2015 CITY OF MIL TON RUNOFF ELECTION December 1,2015 350-265-2684 COST 1001 SALARIES - OVERTIME 2,654.00 1002 SALARIES - PART-TIME TEMPORARY $8,325.00 1005 SEASONAL - TEMPORARY 3,096.00 1010 SOCIAL SECURITY-SALARIES $1,287.00 1011 SOCIAL SECURITY-MEDICARE $535.00 1060 UNEMPLOYMENT INS $74.00 1120 RENTAL EQUIPMENT $3,033.00 1121 RENTAL BUILDINGS $1,843.00 1159 HOURL Y FEE PERSONNEL Poll Worker Pay and Training Class Fee $17,319.00 Election Day Technicians Election Night Workers 1160 PROFESSIONAL SERVICES $766.00 1174 SECURITY - TRAFFIC AND BUILDINGS $1,303.00 1178 FEES - BOARD MEMBERS $77.00 1342 ADVERTISING $490.00 1346 MILEAGE $92.00 1452 VEHICLE SUPPLIES - FUEL 805.00 1456 POSTAGE $958.00 1459 PRINTING & BINDING $130.00 1461 PHOTOCOPIES $100.00 1462 OFFICE & ELECTION SUPPLIES $779.00 1475 STOCKPAPER $100.00 CITY OF MIL TON RUNOFF ELECTION December 1,2015 350-265-2684 1501 INSURANCE-HEALTH $287.00 1505 INSURANCE-LIFE $15.00 1510 INSURANCE-DENTAL $32.00 1512 INSURANCE-VISION $5.00 1522-RETIREMATCH $80.00 1527 DC- CNTR-EPLR $106.00 1529 DC-CNTR- 2% $26.00 SUB-TOTAL $44,317.00 10 % ADMINISTRATIVE FEE $ 4,431.70 GRAND TOTAL I $48,748.70 Invoice _. __ - ._ --.. . .._ :"'_.: .~ r- •... --,. -- r-: ~ -- FULTON COUNTY Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax: (404) 730-7024 Date: 5/8/2015 INVOICE # MIL 112015 City of Milton City Clerk's Office 13000 Deerfield Parkway TO Suite 107 Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon Item Description Total Advance to Conduct 1 General Municipal Election $47,748.00 City of Milton, November 3, 2015 2 10% Administrative Fee- $4,774.80 for November 3,2015 Election Subtotal $52,522.80 Advance to Conduct $44,317.00 3 General Municipal Runoff Election City of Milton, December 1,2015 4 10% Administrative Fee - For December 1, 2015 Runoff Election $4,431.70 Subtotal $48,748.70 GRAND TOTAL $101,271.50 Make Check Payable to: "FULTON COUNTY DIRECTOR OF FINANCE" HOME OF ' ESTAM-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2015 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, June 1, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED XNO KNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. b 1 1:5 - REMARKS :5 -REMARKS © yours *** PHONE: 678.242.25001 FAX: 678.242.2499 Gree- n ; c,adi�d ; roo toa infofeityofmiltonga.us I www.cftyofmiItongo.us Community suis« 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 City of Milton, Georgia Fiscal Year 2015 Summary of Departmental Budget Amendments The goal of the fiscal year 2015 budget amendment is mainly to account for the additional local option sales tax revenues the City anticipates to receive as a result of the finalized negotiations for this revenue source. This amendment also revises departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 410,493 Expenditure Appropriation Increase 410,493 Net Revenue/(Expenditure) Requests:- Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2015 revenue estimates could be adjusted by the amounts indicated in the table on pages 3 and 4. Some of the most significant changes are explained as follows: 1. Prior year property taxes and utility taxes were increased by $120,000 and $23,500, respectively, to account for higher-than-anticipated collections. 2. Motor vehicle taxes previously consisted of the “birthday tax” and the new method of taxation called the title ad valorem tax. We have split these two revenue sources out and have adjusted the appropriations accordingly. You’ll notice a decrease in motor vehicle tax of $640,000 and an increase of $720,000 in title ad valorem tax. The variance of $80,000 accounts for the higher-than-anticipated trend in collections. 3. Building permit revenues continue to trend upward and an amendment of $70,000 is being proposed. FY 2015 Budget Amendments #1 1 of 20 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) TAXES Current Yr Property Taxes-Real 7,948,755 8,579,384 8,400,000 - 8,400,000 - 8,400,000 Current Yr Property Taxes-Utility 60,042 57,084 57,000 23,500 80,500 80,123 377 Prior Yr Property Taxes-Real 298,587 203,540 200,000 120,000 320,000 324,100 (4,100) Current Yr Prop Taxes-Personal 200,861 191,084 190,000 - 190,000 - 190,000 Motor Vehicle Tax 751,348 1,018,927 915,000 (640,000) 275,000 154,422 120,578 Title Ad Valorem Tax - - - 720,000 720,000 332,981 387,019 Intangible Tax 269,681 185,431 150,000 25,000 175,000 93,844 81,156 Prior Yr Prop Taxes-Personal 11,422 5,136 5,000 (3,000) 2,000 1,657 343 Real Estate Transfer Tax 71,341 78,685 75,000 - 75,000 43,936 31,064 Franchise Fees 1,867,963 1,937,428 1,850,000 - 1,850,000 896,453 953,547 Local Option Sales Tax 3,983,981 7,722,018 8,000,000 - 8,000,000 4,191,419 3,808,581 Alcohol Beverage Excise Tax 298,125 297,010 285,000 10,000 295,000 139,832 155,168 Business & Occupation Tax 663,050 673,614 660,000 - 660,000 613,080 46,920 Insurance Premium Tax 1,684,784 1,764,314 1,650,000 30,000 1,680,000 - 1,680,000 Financial Institution Tax 33,918 35,172 33,000 6,673 39,673 39,673 - Penalties & Interest-Real Prop 23,285 25,515 22,000 22,000 20,397 1,603 Penalties & Interest-Pers Prop 2,606 324 500 - 500 275 225 Penalties & Interest-Business Lic 15,673 16,102 12,000 - 12,000 1,711 10,289 Penalties & Interest-Other - - - - - 636 (636) Total: Taxes 18,185,424 22,790,767 22,504,500 292,173 22,796,673 6,934,540 15,862,133 LICENSES & PERMITS Alcohol Beverage Licenses 145,600 138,600 135,000 12,400 147,400 147,400 - Advertising Fee 1,072 1,600 1,000 800 1,800 1,800 - Pouring Permit 5,970 6,255 5,500 - 5,500 4,285 1,215 Solicitation Permit 1,170 195 300 - 300 195 105 Zoning & Land Use Permits 21,147 21,775 15,000 - 15,000 7,125 7,875 Land Disturbance 85,860 263,920 200,000 - 200,000 53,097 146,903 Modification 100 2,100 1,600 - 1,600 350 1,250 Variance 3,425 5,200 3,000 2,500 5,500 5,800 (300) Seasonal & Special Events 880 1,580 800 - 800 1,060 (260) Sign Permits 4,673 8,425 3,500 - 3,500 4,403 (903) Building Permits 405,191 460,286 400,000 70,000 470,000 277,025 192,975 NPDES Fees 3,066 13,301 6,000 - 6,000 1,447 4,553 Taxi & Driver Permitting Fees 200 1,500 1,000 - 1,000 200 800 Penalties & Interest-Alcohol Beverage Lic 5,639 127 100 - 100 10 90 Total: Licenses & Permits 683,992 924,864 772,800 85,700 858,500 504,198 354,302 INTERGOVERNMENTAL REVENUES Fulton County/SSD Funds 48,298 1,711 - - - - - Total: Intergovernmental Revenues 48,298 1,711 - - - - - CHARGES FOR SERVICES Precious Metals Work Permit Admin Fee 70 - - - - - - Finance Admin Fee 68,250 69,645 65,000 - 65,000 58,400 6,600 Court Admin Fee 159,812 237,744 190,000 - 190,000 84,404 105,596 Maps & Cert Letters 390 510 200 - 200 270 (70) Plan Review Fees 155,030 198,108 125,000 - 125,000 120,767 4,233 Open Records Fees 598 547 350 - 350 454 (104) Online Payment Convenience Fee 4,284 3,686 8,500 - 8,500 3,588 4,913 Development Bond Fee 200 1,400 500 - 500 750 (250) Development Bond Fee to Offset Legal Expense - 8,500 - 2,000 2,000 3,750 (1,750) Election Qualifying Fee 2,250 - 2,000 - 2,000 - 2,000 Accident Reports 1,140 56 100 - 100 - 100 Expungement Fees 2,200 1,700 1,700 - 1,700 (50) 1,750 Alarm Registration (1,050) - - - - - - False Alarms 6,300 5,100 4,000 - 4,000 3,450 550 Fire Plan Review 913 1,229 800 - 800 598 202 Fire Inspection 170 4,200 2,500 - 2,500 2,790 (290) Fingerprinting Fee 1,720 4,201 4,000 - 4,000 3,645 355 Medical Reimbursement - - 3,000 (3,000) - - - Revenues FY 2015 FY 2013 Actuals Account Name FY 2014 Actuals FY 2015 Budget Amendments #1 2 of 20 Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Revenues FY 2015 FY 2013 Actuals Account Name FY 2014 Actuals CPR Classes 444 210 100 - 100 86 14 Self Defense Class 1,320 1,050 1,000 - 1,000 445 555 Background Check Fees 14,995 17,125 14,000 - 14,000 9,855 4,145 Activitiy Fees/Joyful Soles 15,515 17,133 17,000 - 17,000 14,663 2,338 Facility Rental 2,633 - - - - - - Activity Commissions 48,041 - - - - - - Activity Commissions/ATPP - - 250 - 250 - 250 Activity Commissions/Core Physique - 4,104 2,000 - 2,000 1,379 621 Activity Commissions/Eagle Stix Lacrosse - - 8,500 - 8,500 4,921 3,579 Activity Commissions/Kim Saunders Yoga - 5,586 3,000 - 3,000 1,338 1,662 Activity Commissions/North GA Rec - 23,020 18,500 - 18,500 9,070 9,431 Activity Commissions/Sperber Music - 1,091 500 - 500 43 457 Activity Commissions/YMCA - 2,286 - - - - - Activity Commissions/Blaze Sports - - 1,000 - 1,000 300 700 Activity Commissions/Halftime Sports - 2,464 3,500 - 3,500 257 3,243 Activity Commissions/HYA - - 1,500 - 1,500 - 1,500 Activity Commissions/NFL Youth Flag Football - 848 2,500 - 2,500 - 2,500 Activity Commissions/Southern Educational Resources - 4,045 5,000 - 5,000 - 5,000 Activity Commissions/Wacky Schoolers - - 250 - 250 - 250 Bad Check Fees 30 395 150 - 150 390 (240) Total: Charges for Services 485,314 615,982 486,400 (1,000) 485,400 325,562 159,838 FINES & FORFEITURES Fines & Forfeitures 382,434 580,219 550,000 - 550,000 312,414 237,586 Ordinance Fines - 1,950 1,000 - 1,000 - 1,000 Total: Fines & Forfeitures 382,434 582,169 551,000 - 551,000 312,414 238,586 INVESTMENT INCOME Interest Revenue 2,330 541 500 - 500 398 102 Realized Gain/Loss on Investmt 17,018 21,578 17,000 5,000 22,000 18,190 3,810 Total: Investment Income 19,347 22,119 17,500 5,000 22,500 18,588 3,912 CONTRIBUTIONS & DONATIONS Donation Revenue 100 - - - - - Donation Revenue-Pub Sfty 3,358 992 - - - 50 (50) Donation Revenue-Public Safety Fd 3,317 - - - - - - Donation Revenue-R.A.D. 1,000 - - - - - - Donation Revenue-Golf Tournament 23,605 - - - - - - Donation Revenue-Community Development 195 123 - - - - - Donation Revenue-Parks & Recreation - 52 - - - - - Donation Revenue-Joyful Soles - - - - - 620 (620) Total: Contributions & Donations 31,475 2,357 - - - 3,209 (3,209) MISCELLANEOUS REVENUE Cell Tower Lease 17,940 17,940 17,940 - 17,940 10,091 7,849 Lease-15315 Thompson Rd 2,374 - - - - - - Lease-15260 Bell Park Rd 110 30 - - - - - Facility Rental - - 2,200 - 2,200 - 2,200 Facility Rental/Bethwell Community Center - 1,970 - - - 930 (930) Facility Rental/Friendship Park - 480 - - - 80 (80) Facility Rental/Bell Memorial Park - 250 - - - - - Insurance Proceeds 2,642 - - - - - - Insurance Proceeds-Pub Sfty 10,400 476 - 10,900 10,900 10,900 (0) Insurance Proceeds-PW 8,816 19,356 - 2,550 2,550 2,550 - Other Misc Revenue 4,405 12,034 3,000 10,070 13,070 13,070 0 Over/Short Cash Drawer (10) (83) - - - 12 (12) Evidence Room Unclaimed Cash - - - - - 568 (568) Total: Miscellaneous Revenue 47,370 53,539 23,140 23,520 46,660 38,201 8,459 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 20,000 20,000 20,000 - 20,000 - 20,000 Sale of Surplus Equipment 42,616 16,761 10,900 5,100 16,000 15,141 859 Total: Other Financing Sources 62,616 36,761 30,900 5,100 36,000 15,141 20,859 TOTAL 19,946,271 25,030,270 24,386,240 410,493 24,796,733 8,151,854 16,644,879 FY 2015 Budget Amendments #1 3 of 20 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. General Fund FY 2015 Approved Budget Requested Budget Amendment Amended Budget Revenues Taxes 18,185,424 22,790,767 22,504,500 292,173 22,796,673 Licenses & Permits 683,992 924,864 772,800 85,700 858,500 Intergovernmental Revenues 48,298 1,711 - - - Charges for Services 485,314 615,982 486,400 (1,000) 485,400 Fines & Forfeitures 382,434 582,169 551,000 - 551,000 Investment Income 19,347 22,119 17,500 5,000 22,500 Contributions & Donations 31,475 2,357 - - - Miscellaneous Revenue 47,370 53,539 23,140 23,520 46,660 Other Financing Sources 62,616 36,761 30,900 5,100 36,000 Total Revenues 19,946,271 25,030,270 24,386,240 410,493 24,796,733 Expenditures Mayor & Council 167,312 143,961 166,010 6,800 172,810 City Manager 282,478 536,496 675,067 - 675,067 City Clerk 189,733 172,811 192,358 - 192,358 General Administration 31,692 38,503 39,414 - 39,414 Finance 479,962 383,331 431,244 - 431,244 Legal 216,208 299,448 230,000 - 230,000 Information Technology 565,650 532,035 772,467 15,711 788,178 Human Resources 272,206 267,537 323,149 - 323,149 Risk Management 182,588 183,009 251,855 - 251,855 General Govt Buildings 337,349 453,260 380,230 6,255 386,485 Public Info & Marketing 154,213 197,793 358,730 - 358,730 Municipal Court 233,588 254,698 301,471 - 301,471 Public Safety: Administration - - - - - Police 2,846,047 3,157,817 3,956,660 10,900 3,967,560 Fire 4,458,410 5,099,302 5,566,535 - 5,566,535 EMS Operations 99,187 - - - - Public Works 1,511,028 1,742,108 1,724,863 18,000 1,742,863 Parks & Recreation 754,479 748,116 950,945 - 950,945 Community Development 938,323 1,028,155 978,451 - 978,451 Economic Development 43,914 78,313 79,941 - 79,941 Debt Service 90,769 90,769 184,517 (5,400) 179,117 Other Financing Uses 6,702,559 8,313,444 10,923,955 358,227 11,282,182 Contingency - - 177,068 - 177,068 Total Expenditures 20,557,695 23,720,905 28,664,930 410,493 29,075,423 Total Revenues Over/(Under) Expenditures (611,424) 1,309,365 (4,278,690) - Beginning Fund Balance 10,100,799 9,489,374 10,798,739 Ending Fund Balance 9,489,374 10,798,739 6,520,049 Actuals FY 2014 Actuals FY 2013 FY 2015 Budget Amendments #1 4 of 20 Mayor & Council Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 101,389 100,889 101,000 - 101,000 55,550 45,450 STIPEND / THURMAN 441 451 2,000 - 2,000 - 2,000 STIPEND / KUNZ 1,152 1,162 2,000 - 2,000 237 1,763 STIPEND / LUSK 441 451 2,000 - 2,000 - 2,000 STIPEND / HEWITT 441 451 2,000 - 2,000 - 2,000 STIPEND / LONGORIA 441 451 2,000 - 2,000 - 2,000 STIPEND / LARGE 796 1,237 2,000 - 2,000 495 1,505 STIPEND / LOCKWOOD 1,186 1,193 3,000 - 3,000 472 2,528 Total: Salaries & Wages 106,286 106,284 116,000 - 116,000 56,754 59,246 Employee Benefits EMPLOYEE BENEFITS / 401A (SS MATCH)3,812 3,783 3,791 - 3,791 2,083 1,708 EMPLOYEE BENEFITS / FICA MEDICARE 1,357 1,463 1,468 - 1,468 805 663 UNEMPLOYMENT INSURANCE 426 355 420 - 420 182 238 WORKER'S COMPENSATION 139 257 381 - 381 518 (137) Total: Employee Benefits 5,734 5,859 6,060 - 6,060 3,588 2,472 Purchased Professional and Technical Services PROFESSIONAL FEES 19,057 - - 600 600 600 - FACILITATOR/CONFERENCE - - 6,800 - 6,800 - 6,800 PROGRESS PARTNERS - - - - - - - Total: Purchased Professional and Technical Services 19,057 - 6,800 600 7,400 600 6,800 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES - 319 - - - 165 (165) Total: Purchased-Property Services - 319 - - - 165 (165) Other Purchased Services ADVERTISING: High School Booster Ads 1,150 1,262 1,150 - 1,150 400 750 PRINTING: Business Cards, Name Badges 660 91 600 - 600 - 600 TRAVEL GENERAL - 330 - - - - - ANNUAL GMA CONFERENCE 9,057 7,469 7,000 - 7,000 - 7,000 MAYOR'S DAY 1,457 743 2,500 - 2,500 894 1,606 Total Travel 10,514 8,541 9,500 - 9,500 894 8,606 DUES AND FEES GREATER NORTH FULTON CHAMBER 5,000 1,250 5,000 3,750 8,750 8,750 - NORTH FULTON BUSINESS EXPO - - - - - - - GEORGIA MUNICIPAL ASSOCIATION ANNUAL FEES 8,705 9,931 10,500 - 10,500 5,881 4,619 Total Dues and Fees 13,705 11,181 15,500 3,750 19,250 14,631 4,619 EDUCATION & TRAINING ANNUAL GMA CONFERENCE COSTS 4,090 4,360 4,300 - 4,300 - 4,300 MAYOR'S DAY 3,045 2,310 2,500 2,450 4,950 4,940 10 ELECTED OFFICIALS TRAINING 1,800 325 1,800 - 1,800 - 1,800 Total Education & Training 8,935 6,995 8,600 2,450 11,050 4,940 6,110 Total: Other Purchased Services 34,964 28,071 35,350 6,200 41,550 20,865 20,685 Supplies SUPPLIES / GENERAL SUPPLIES 369 2,164 500 - 500 18 482 SUPPLIES / FOOD/MEALS: Citizen Meetings 616 781 800 - 800 122 678 Total: Supplies 985 2,945 1,300 - 1,300 140 1,160 Other Costs PAYMENT TO OTHERS / NON-RECURRING 287 483 500 - 500 25 475 Total: Other Costs 287 483 500 - 500 25 475 Total: Mayor & Council 167,312 143,961 166,010 6,800 172,810 82,137 90,673 FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendments #1 5 of 20 Mayor & Council Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals FY 2014 Actuals FY 2015 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Professional Fees 600 2. Dues & Fees/Greater North Fulton Chamber 3,750 3. Education & Training/Mayor's Day 2,450 Total Increase 6,800$ 6,800$ To cover cost of sound system at Town Hall meeting The annual dues for FY14 were invoiced after the fiscal year ended. All elected official attended Mayor's Day training TOTAL BUDGET AMENDMENTS FY 2015 Budget Amendments #1 6 of 20 Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES - 77,901 87,549 - 87,549 47,823 39,726 Total: Salaries & Wages - 77,901 87,549 - 87,549 47,823 39,726 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE - 11,905 10,259 - 10,259 8,046 2,213 EMPLOYEE BENEFITS / 401A (SS MATCH)- 2,921 3,261 - 3,261 1,793 1,468 EMPLOYEE BENEFITS / FICA MEDICARE - 1,089 1,261 - 1,261 655 606 401A 1% MATCH - - 869 - 869 - 869 PENSION (GMEBS)- 6,858 7,825 - 7,825 2,637 5,188 UNEMPLOYMENT INSURANCE - 110 60 - 60 49 11 WORKER'S COMPENSATION (404) 29 330 - 330 61 269 Total: Employee Benefits (404) 22,912 23,865 - 23,865 13,242 10,623 Purchased Professional and Technical Services PROFESSIONAL FEES - 1,677 5,000 - 5,000 1,519 3,481 Total: Purchased Professional and Technical Services - 1,677 5,000 - 5,000 1,519 3,481 Other Purchased Services COMMUNICATIONS 76 - - - - - - CELL PHONE 819 1,229 1,000 - 1,000 708 292 FIRE DEPT POTS LINES 11,536 11,566 12,000 - 12,000 6,765 5,235 ATT - CITY HALL POTS LINES/BANDWIDTH 74,376 48,880 80,000 - 80,000 40,693 39,307 ATT - PUBLIC SAFETY BANDWIDTH 16,100 34,027 25,000 - 25,000 18,875 6,125 COMCAST-STATION 43/BANDWIDTH - 4,643 17,000 - 17,000 5,879 11,121 POSTAGE - 156 - - - 1 (1) Total: Communications 102,908 100,501 135,000 - 135,000 72,922 62,078 TRAVEL - - 500 - 500 - 500 EDUCATION & TRAINING - - 1,000 - 1,000 - 1,000 MAINTENANCE CONTRACTS OPTIVIEW 13,089 10,930 11,000 - 11,000 10,225 775 GODADDY .COM 1,225 13 1,425 - 1,425 - 1,425 EXPERTS-EXCHANGE 155 162 160 - 160 100 60 ENERGOV 12,147 17,308 18,000 - 18,000 11,226 6,774 ARC GIS 7,726 7,675 7,900 - 7,900 7,700 200 SHORETEL 6,462 4,895 5,000 - 5,000 5,120 (120) INCODE 20,578 21,577 22,500 - 22,500 31,663 (9,163) MDS MAINTENANCE - - - - - - - ALEN SIMS 1,440 1,440 1,800 - 1,800 1,080 720 OFFSITE BACKUP 8,175 6,625 8,000 - 8,000 - 8,000 FIREHOUSE 10,965 8,817 9,500 - 9,500 10,719 (1,219) NETMOTION 5,034 4,370 6,000 - 6,000 4,879 1,121 GUARDIAN TRACKING 1,156 408 1,200 - 1,200 1,424 (224) OSSI 32,118 45,219 33,000 - 33,000 30,079 2,921 DIGICERT 225 338 500 - 500 113 387 SYMANTEC ANTI-VIRUS 933 - - - - - - IT IGA JOHNS CREEK 221,776 55,897 42,900 - 42,900 24,847 18,053 BARRACUDA MESSAGE MAINT.3,122 3,788 4,000 - 4,000 7,631 (3,631) L-3 COMMUNICATIONS 9,899 11,561 15,250 - 15,250 - 15,250 EMS TRAINING AIDS 3,538 3,726 4,000 - 4,000 626 3,374 PINPOINT - - 3,180 - 3,180 - 3,180 MICROPAVER - - 550 - 550 - 550 2FA - 281 400 - 400 439 (39) WORK ZONE - 1,950 2,000 - 2,000 2,250 (250) CLOUD SOLUTION - - 243,888 - 243,888 172,036 71,852 OPEN GOV - - - 6,500 6,500 6,500 - ICMA ANALYTICS TOOL - - - 9,211 9,211 9,210 1 Total: Maintenance Contracts 359,763 206,980 442,153 15,711 457,864 337,866 119,998 Total: Other Purchased Services 462,671 307,481 578,653 15,711 594,364 410,787 183,577 Supplies SUPPLIES / GENERAL SUPPLIES - - - - - - - PRINTER MAINTENANCE KITS 1,159 639 1,500 - 1,500 - 1,500 FY 2015 FY 2013 Actuals FY 2014 Actuals FY 2015 Budget Amendments #1 7 of 20 Information Technology Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2015 FY 2013 Actuals FY 2014 Actuals PLOTTER INK 264 2,595 2,000 - 2,000 306 1,694 PLOTTER PAPER 300 472 750 - 750 543 207 Total: General Supplies 1,723 3,705 4,250 - 4,250 849 3,401 Total: Supplies 1,723 3,705 4,250 - 4,250 849 3,401 Machinery & Equipment COMPUTER / SOFTWARE 5,118 5,497 4,000 - 4,000 2,274 1,726 COMPUTER / HARDWARE 74,782 87,153 50,000 - 50,000 20,097 29,903 OTHER EQUIPMENT COMPUTER EQUIP&SUPPLIES 6,651 8,819 7,500 - 7,500 1,919 5,581 DESKTOP PRINTERS 14,977 15,444 10,000 - 10,000 - 10,000 CITY PHONE SYSTEM 64 1,446 1,500 - 1,500 - 1,500 OTHER - - - - - 551 (551) CELL PHONES 67 - 150 - 150 - 150 Total: Other Equipment 21,760 25,709 19,150 - 19,150 2,471 16,679 Total: Machinery & Equipment 101,660 118,359 73,150 - 73,150 24,842 48,308 Total: Information Technology 565,650 532,035 772,467 15,711 788,178 499,061 289,117 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Maintenance Contracts/OpenGov 6,500 2. Maintenance Contracts/ICMA Analytics Tool 9,211 Total Increase 15,711$ 15,711$ TOTAL BUDGET AMENDMENTS Annual maintenance fee for this cloud-based tool that promotes transparency in financial analysis and reporting. Software solution that provides greater transparency and stronger accountability for organization-wide performance measures through a cloud-based reporting tool. FY 2015 Budget Amendments #1 8 of 20 General Government Buildings Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 5/18/15 Budget Remaining (after adj) Purchased Professional and Technical Services PROFESSIONAL FEES 3,758 393 - - - - - FACILITIES REPAIRS & MAINTENANCE 3,394 87,821 5,000 - 5,000 4,146 854 GROUNDS REPAIRS & MAINTENANCE 488 - - - - - - Total: Purchased Professional and Technical Services 7,641 88,214 5,000 - 5,000 4,146 854 Purchased-Property Services RENTAL LAND & BUILDINGS 321,422 364,278 375,230 - 375,230 250,153 125,077 Total: Purchased-Property Services 321,422 364,278 375,230 - 375,230 250,153 125,077 Other Purchased Services MAINTENANCE CONTRACTS - - - - - - - OTHER PURCHASED SERVICES 160 - - - - - - Total: Other Purchased Services 160 - - - - - - Machinery & Equipment OTHER EQUIP/CELL PHONE REPLACEMENT - 768 - - - - - Total: Machinery & Equipment - 768 - - - - - Other Costs INTERGOVERNMENTAL 8,126 - - 6,255 6,255 4,455 1,800 Total: Other Costs 8,126 - - 6,255 6,255 4,455 1,800 Total: General Government Buildings 337,349 453,260 380,230 6,255 386,485 258,754 127,731 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Intergovernmental 6,255 Total Increase 6,255$ 6,255$ FY 2013 Actuals FY 2014 Actuals FY 2015 To reflect Fulton County property taxes paid on parcels acquired during the year. Once the City becomes the owner of record, we will be exempt from the taxes. TOTAL BUDGET AMENDMENTS FY 2015 Budget Amendments #1 9 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 1,601,003 1,705,517 2,121,696 - 2,121,696 1,082,208 1,039,488 SALARIES AND WAGES / OVERTIME 65,255 62,472 60,000 - 60,000 39,912 20,088 SALARIES AND WAGES / RESTRICTED ON-CALL PAY 8,677 8,447 9,000 - 9,000 4,902 4,098 SALARIES AND WAGES / HOLIDAY PAY 101,040 87,150 94,000 - 94,000 79,330 14,670 Total: Salaries & Wages 1,775,976 1,863,585 2,284,696 - 2,284,696 1,206,351 1,078,345 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 256,295 313,861 422,233 - 422,233 246,012 176,221 EMPLOYEE BENEFITS / 401A (SS MATCH)66,989 71,860 86,419 - 86,419 50,358 36,061 EMPLOYEE BENEFITS / FICA MEDICARE 24,628 25,922 30,810 - 30,810 16,966 13,844 401A 1% MATCH 10,224 13,163 51,444 - 51,444 16,456 34,988 PENSION (GMEBS)89,969 147,595 164,283 - 164,283 69,998 94,285 TUITION REIMBURSEMENT 2,847 6,442 9,000 - 9,000 4,000 5,000 UNEMPLOYMENT INSURANCE 2,359 1,970 2,640 - 2,640 2,177 463 WORKER'S COMPENSATION 59,530 71,374 110,589 - 110,589 51,484 59,106 FLEXIBLE SPENDING 4,200 4,200 - - - 4,800 (4,800) Total: Employee Benefits 517,041 656,387 877,418 - 877,418 462,252 415,166 Purchased Professional and Technical Services PROFESSIONAL FEES 592 1,910 2,000 - 2,000 640 1,360 LASER & RADAR RECERTIFICATION 750 1,225 1,300 - 1,300 1,742 (442) K-9 306 1,030 2,500 - 2,500 945 1,555 GRAPHICS FOR PATROL CARS 1,740 1,222 2,000 - 2,000 704 1,296 INMATE MEDICAL SERVICES 20,738 35,464 35,000 - 35,000 6,805 28,195 TAG & TITLE APPLICATIONS 395 429 600 - 600 310 290 RECRUITMENT TESTING-POLYGRAPH 900 1,200 2,700 - 2,700 900 1,800 RECRUITMENT TESTING - PYSCH 1,800 1,000 2,400 - 2,400 2,300 100 WRITTEN ENTRY LEVEL TEST 1,190 885 1,000 - 1,000 710 290 PROMOTION EXAMINATIONS 554 533 1,100 - 1,100 - 1,100 EMPLOYMENT BACKGROUND CHECKS 845 1,898 1,500 - 1,500 1,692 (192) IACP NET YEARLY FEES 800 800 800 - 800 1,000 (200) HEALTH & WELLNESS PROGRAM 7,780 8,788 13,000 - 13,000 9,115 3,885 Total: Professional Fees 38,389 56,383 65,900 - 65,900 26,863 39,037 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB 2,128 2,128 3,000 - 3,000 2,128 872 OTHER INVESTIGATIVE FEES 2,030 192 1,000 - 1,000 132 868 Total: Professional Fees/Investigations 4,158 2,320 4,000 - 4,000 2,260 1,740 EQUIPMENT REPAIR & MAINT 1,245 497 500 - 500 923 (423) EQUIPMENT R&M/MOTOROLA RADIOS 194 647 1,000 - 1,000 558 442 Total: Equipment Repair & Maintenance 1,438 1,144 1,500 - 1,500 1,481 19 FACILITIES REPAIR & MAINT 2,010 1,809 1,000 - 1,000 395 605 VEHICLE REPAIR & MAINT 74,057 57,741 85,000 10,900 95,900 32,561 63,339 RENTAL LAND & BUILDINGS: Range fees 5,335 4,005 6,680 - 6,680 6,585 95 Total: Purchased Professional and Technical Services 125,388 123,402 164,080 10,900 174,980 70,145 104,835 Other Purchased Services COMMUNICATIONS 29,636 28,961 42,812 - 42,812 17,778 25,034 POSTAGE 1,419 1,143 1,200 - 1,200 802 398 PRINTING CITATIONS, FORMS & DOCUMENTS 1,390 3,114 1,000 - 1,000 1,428 (428) BUSINESS CARDS 1,413 1,210 1,000 - 1,000 819 181 Total: Printing 2,803 4,324 2,000 - 2,000 2,247 (247) TRAVEL 3,231 1,658 2,000 - 2,000 14 1,986 CRUISE CARDS 580 80 - - - (41) 41 IACP CONFERENCE 913 2,134 3,606 - 3,606 2,036 1,570 CALEA CONFERENCE 1,229 3,656 3,800 - 3,800 - 3,800 UPD 184 2,363 2,000 - 2,000 2,558 (558) K-9 - 69 4,018 - 4,018 1,572 2,446 SWAT - 571 1,200 - 1,200 495 705 RECORDS CLERK CONFERENCE 196 662 800 - 800 152 648 GACP CONFERENCE 1,075 281 900 - 900 - 900 FY 2013 Actuals Police FY 2014 Actuals FY 2015 FY 2015 Budget Amendments #1 10 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals Police FY 2014 Actuals FY 2015 GPSTC 83 791 800 - 800 - 800 CID TRAVEL - - 2,000 - 2,000 - 2,000 GPAC TRAVEL 480 939 1,800 - 1,800 742 1,058 AA/TAC CONFERENCE - - 500 - 500 - 500 COMMAND COLLEGE - 2,723 - - - - - GACE CONFERENCE - - 400 - 400 - 400 Total: Travel 7,970 15,927 23,824 - 23,824 7,529 16,295 DUES AND FEES 316 737 1,000 - 1,000 721 279 GEORGIA POLICE ACCREDITATION COALITION 75 75 75 - 75 94 (19) GEORGIA ASSN OF CHIEFS OF POLICE 450 600 700 - 700 350 350 INTERNATIONAL ASSN OF CHIEFS OF POLICE 319 384 480 - 480 1,093 (613) POST FEES 361 522 1,200 - 1,200 714 486 ACCREDITATION FEES - 2,663 4,065 - 4,065 2,371 1,694 IALEFI 55 14 65 - 65 - 65 CID CONFIDENTIAL FUNDS - - 500 - 500 - 500 GACE - - 50 - 50 - 50 Total: Dues and Fees 1,576 4,995 8,135 - 8,135 5,343 2,792 EDUCATION & TRAINING 598 448 1,500 - 1,500 356 1,144 PROFESSIONAL DEVELOPMENT UPD 650 1,825 2,000 - 2,000 2,235 (235) GACP CONFERENCE 375 100 400 - 400 - 400 RECORDS CLERK CONFERENCE 225 250 700 - 700 - 700 AA/TAC CONFERENCE - 125 250 - 250 - 250 CRIMINAL INVESTIGATIONS 1,866 1,165 2,000 - 2,000 - 2,000 CANINE TRAINING - 325 6,750 - 6,750 6,650 100 NCGLEA 2,400 3,425 7,400 - 7,400 3,800 3,600 IACP CONFERENCE 275 - 645 - 645 - 645 SWAT - - 1,200 - 1,200 945 255 PROFESSIONAL MANAGEMENT PROGRAM 3,905 2,997 - - - - - CALEA CONFERENCE 1,275 1,435 2,720 - 2,720 - 2,720 R.A.D 3,110 1,204 2,000 - 2,000 1,000 1,000 INSTRUCTOR TRAINING 1,850 1,640 1,200 - 1,200 - 1,200 GPAC TRAINING 200 400 400 - 400 - 400 COMMAND COLLEGE - 3,582 - - - 510 (510) GACE CONFERENCE AND WORKSHOPS - - 740 - 740 - 740 Total: Education & Training 16,729 18,921 29,905 - 29,905 15,496 14,409 MAINTENANCE CONTRACTS INMATE SERVICES - - 5,000 - 5,000 - 5,000 PROPERTY & EVIDENCE IGA 58,901 65,000 60,000 - 60,000 20,000 40,000 800 MHZ FEES TO FULTON CTY 12,037 12,418 26,400 - 26,400 8,116 18,284 INNOVATIVE DATA SOLUTIONS 2,860 3,076 4,500 - 4,500 4,810 (310) ANIMAL CONTROL - FULTON CO 26,513 26,942 29,201 - 29,201 18,426 10,775 CHOICEPOINT/CLEAR 3,899 4,096 4,620 - 4,620 2,237 2,383 CRIME REPORTS 3,576 3,576 4,700 - 4,700 3,081 1,619 CELLEBRITE SYS 2,999 1,550 3,100 - 3,100 1,549 1,551 AFIS CIRCUIT 7,645 9,999 10,300 - 10,300 5,739 4,561 RING CENTRAL 96 - 500 - 500 96 404 ELECTRONIC WARRANT INTERCHANGE - 324 1,300 - 1,300 755 545 VIGILANT SOLUTIONS - - 725 - 725 - 725 BODY WORN CAMERAS - - 8,193 - 8,193 - 8,193 Total: Maintenance Contracts 118,527 126,979 158,539 - 158,539 64,808 93,731 Total: Other Purchased Services 178,659 201,251 266,415 - 266,415 114,003 152,412 Supplies SUPPLIES / GENERAL SUPPLIES 7,903 8,053 12,000 - 12,000 5,601 6,399 AMMUNITION 14,570 16,091 16,000 - 16,000 13,331 2,669 K-9 458 1,106 500 - 500 188 312 NEW EMPLOYEES 4,373 12,602 4,230 - 4,230 2,369 1,861 RANGE SUPPLIES 850 798 1,000 - 1,000 880 120 FIRST AID KITS - 431 500 - 500 1,482 (982) ALCO SENSOR MOUTH PIECES 161 60 200 - 200 - 200 FY 2015 Budget Amendments #1 11 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals Police FY 2014 Actuals FY 2015 ID CARDS AND SETUP FEE 266 159 400 - 400 1,037 (637) GOLF TOURNAMENT SUPPLIES 7,078 400 - - - - - JAIL SUPPLIES 1,183 1,588 1,500 - 1,500 330 1,170 Total: General Supplies 36,842 41,289 36,330 - 36,330 25,219 11,111 SUPPLIES / GASOLINE/DIESEL 136,937 152,466 160,000 - 160,000 71,280 88,720 SUPPLIES / FOOD/MEALS 558 716 500 - 500 772 (272) BOOK & PERIODICALS/EDUCATION & REFERENCE 124 59 200 - 200 260 (60) SUPPLIES / UNIFORMS 22,264 27,659 35,000 - 35,000 22,411 12,589 AWARDS AND RECOGNITION 927 130 1,000 - 1,000 100 900 BODY ARMOR 4,187 4,078 7,200 - 7,200 5,145 2,055 Total: Supplies/Uniforms 27,378 31,867 43,200 - 43,200 27,656 15,544 Total: Supplies 201,838 226,397 240,230 - 240,230 125,188 115,042 Machinery & Equipment FURNITURE & FIXTURES 736 13,921 2,000 - 2,000 1,551 449 OTHER EQUIPMENT 11,350 - - - - - - CRIME PREVENTION MATERIALS 7,893 7,219 10,000 - 10,000 4,608 5,392 ICOP STORAGE 220 784 1,500 - 1,500 - 1,500 TRAINING AIDS 231 203 500 - 500 - 500 FIRE EXTINGUISHERS 338 143 750 - 750 - 750 TICKET PRINTERS 4,000 4,762 1,500 - 1,500 - 1,500 SWAT 5,236 2,951 2,000 - 2,000 187 1,813 PATROL EQUIPMENT - 8,233 6,500 - 6,500 5,150 1,350 AEDS 3,138 - - - - - - LASERS - 2,645 2,000 - 2,000 - 2,000 ALCO SENSORS - - - - - - - VEHICLE EQUIPMENT - 11,466 1,500 - 1,500 1,880 (380) ACTIVE SHOOTER KITS - - 21,600 - 21,600 - 21,600 CELL PHONES 340 235 500 - 500 24 476 WEAPONRY 3,724 11,637 8,500 - 8,500 856 7,644 CAMERAS 2,636 868 23,471 - 23,471 12,279 11,192 MOTOROLA RADIOS - 5,564 15,500 - 15,500 8,333 7,167 OTHER 5,349 16,164 - - - - - Total: Other Equipment 44,454 72,874 95,821 - 95,821 33,317 62,504 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE KITS-UPD 818 - - - - - - CRIME SCENE EQUIP -CID 686 - - - - - - LANGUAGE LINE - - - - - - - TRAFFIC ACC. INVEST.451 - - - - - - Total: Other Equipment/Investigations 1,955 - - - - - - Total: Machinery & Equipment 47,145 86,795 97,821 - 97,821 34,867 62,954 Other Costs INTERGOVERNMENTAL - - 26,000 - 26,000 - 26,000 Total: Other Costs - - 26,000 - 26,000 - 26,000 Total: Police 2,846,047 3,157,817 3,956,660 10,900 3,967,560 2,012,807 1,954,753 BUDGET AMENDMENT NOTES Account Name INCREASE 1. Vehicles Repair & Maintenance 10,900 Total Increase 10,900$ 10,900$ To account for insurance proceeds received for the repair of a damaged vehicle TOTAL BUDGET AMENDMENTS FY 2015 Budget Amendments #1 12 of 20 Public Works Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 457,269 481,943 440,621 - 440,621 309,900 130,721 SALARIES & WAGES/OVERTIME 53 - - - - 260 (260) SALARIES & WAGES/ON-CALL PAY - - - - - 1,817 (1,817) Total: Salaries & Wages 457,321 481,943 440,621 - 440,621 311,976 128,645 Employee Benefits EMPLOYEE BENEFITS / GROUP INSURANCE 47,260 58,653 60,146 - 60,146 49,649 10,497 EMPLOYEE BENEFITS / 401A (SS MATCH)17,192 18,287 17,654 - 17,654 12,091 5,563 EMPLOYEE BENEFITS / FICA MEDICARE 6,386 6,787 6,402 - 6,402 4,314 2,088 401A 1% MATCH 3,050 4,096 8,946 - 8,946 3,281 5,665 PENSION (GMEBS)22,844 40,051 31,923 - 31,923 18,983 12,940 UNEMPLOYMENT INSURANCE 483 420 600 - 600 512 88 WORKER'S COMPENSATION 17,791 23,014 30,948 - 30,948 14,368 16,580 FLEXIBLE SPENDING 2,400 2,400 - - - 2,400 (2,400) Total: Employee Benefits 117,407 153,707 156,619 - 156,619 105,598 51,021 Purchased Professional and Technical Services PROFESSIONAL FEES 925 51,826 - 38,000 38,000 33 37,967 BULKY TRASH DAY 1,175 - - - - - - ENGINEERING & SURVEYING SERVICES 1,400 1,970 7,500 - 7,500 8,011 (511) Total: Professional Fees 3,500 53,796 7,500 38,000 45,500 8,044 37,456 CONTRACTED OVERHEAD TRIMMING & GRAVEL RD 2,494 - 20,000 - 20,000 - 20,000 Total: Professional Fees/Contracted 2,494 - 20,000 - 20,000 - 20,000 EQUIPMENT REPAIR & MAINT - - - - 22 (22) VEHICLE REPAIR & MAINT 3,285 2,958 3,548 - 3,548 1,980 1,568 Total: Purchased Professional and Technical Services 9,279 56,754 31,048 38,000 69,048 10,047 59,001 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES 760 688 - - - - - Total: Purchased-Property Services 760 688 - - - - - Other Purchased Services COMMUNICATIONS 2,921 3,097 6,950 - 6,950 1,899 5,051 POSTAGE 67 55 50 - 50 11 39 ADVERTISING 162 324 250 - 250 - 250 OTHER PURCHASED SERVICES: Guardrail Repair 6,798 - 7,500 - 7,500 9,164 (1,664) PRINTING 137 - 100 - 100 88 12 TRAVEL 1,413 1,750 250 - 250 647 (397) APWA CLASS - - 975 - 975 - 975 ITE SEMINAR - - 585 - 585 - 585 GIS CONFERENCE - - 1,925 - 1,925 - 1,925 ASHE TECHNICAL SEMINAR - - - - - 144 (144) Total: Travel 1,413 1,750 3,735 - 3,735 791 2,944 DUES AND FEES 178 128 - - - 37 (37) PE LICENSE 100 - 150 - 150 100 50 APWA 249 301 578 - 578 216 362 IMSA - 173 160 - 160 228 (68) ASHE 89 150 50 - 50 - 50 ITE 160 - 465 - 465 - 465 CFM - - - - - 50 (50) Total: Dues & Fees 776 751 1,403 - 1,403 630 773 EDUCATION & TRAINING 300 199 - - - - - APWA 1,443 - 790 - 790 430 360 LEVEL II SIGNING & MARKING 800 - - - - - - CONTINUING EDUCATION 1,135 390 1,000 - 1,000 49 951 ASHE TECHNICAL SEMINAR - - 50 - 50 - 50 ITE TECHNICAL SEMINAR - 155 225 - 225 - 225 GA TRANSPORTATION SUMMIT 65 130 130 - 130 166 (36) APWA IN-HOUSE TRAINING - - 350 - 350 - 350 GIS TRAINING - - 1,570 - 1,570 - 1,570 Total: Education & Training 3,743 874 4,115 - 4,115 645 3,470 FY 2013 Actuals FY 2014 Actuals FY 2015 FY 2015 Budget Amendments #1 13 of 20 Public Works Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) FY 2013 Actuals FY 2014 Actuals FY 2015 MAINTENANCE CONTRACTS 800 MHZ FEES 518 553 1,000 - 1,000 327 673 Total: Maintenance Contracts 518 553 1,000 - 1,000 327 673 Total: Other Purchased Services 16,536 7,404 25,103 - 25,103 13,554 11,549 Supplies SUPPLIES / GENERAL SUPPLIES 364 261 1,500 - 1,500 48 1,452 ADOPT-A-ROAD/STREAMSIDE CLEANUP 147 - - - - - - Total: General Supplies 511 261 1,500 - 1,500 48 1,452 SUPPLIES / ELECTRICITY 326,817 379,297 384,600 - 384,600 227,874 156,726 SUPPLIES / GASOLINE/DIESEL 11,435 14,313 18,925 - 18,925 1,580 17,345 SUPPLIES / FOOD/MEALS 780 314 400 - 400 124 276 SUPPLIES / UNIFORMS 809 1,198 1,800 - 1,800 694 1,106 Total: Supplies 340,352 395,384 407,225 - 407,225 230,320 176,905 Infrastructure INFRASTRUCTURE/OPTECH RWM 459,688 475,336 489,596 - 489,596 235,030 254,566 INFRASTRUCTURE/SIGNAL ALLOWANCE 16,380 7,240 12,285 - 12,285 18,886 (6,601) INFRASTRUCTURE/EMERGENCY SERVICES ALLOWANCE - 58,591 10,000 - 10,000 9,305 695 INFRASTRUCTURE/MATERIALS ALLOWANCE 41,869 20,212 37,500 - 37,500 6,583 30,917 INFRASTRUCTURE/TREE REMOVAL 9,544 8,355 6,000 - 6,000 8,555 (2,555) INFRASTRUCTURE/DUMPSTER FEES 5,688 11,171 9,000 - 9,000 1,686 7,314 INFRASTRUCTURE/SIGNAL MATERIALS 1,636 21,001 30,000 - 30,000 1,018 28,982 INFRASTRUCTURE/SIGN MATERIALS 20,447 24,000 30,000 - 30,000 2,941 27,060 INFRASTRUCTURE/ADDITIONAL ROW MOWING 8,370 16,740 28,766 - 28,766 8,370 20,396 Total: Infrastructure 563,623 642,645 653,147 - 653,147 292,374 360,773 Machinery & Equipment FURNITURE & FIXTURES - - 5,000 - 5,000 - 5,000 OTHER EQUIPMENT 97 221 - - - 6,295 (6,295) OTHER EQUIP/ADOPT-A-ROAD SIGNS 187 - 100 - 100 - 100 OTHER EQUIP/TOOLS/BATTERIES/CHEMICALS 5,466 3,362 6,000 - 6,000 2,964 3,036 OTHER EQUIP/CELL PHONES - - - - - 70 (70) OTHER EQUIP/MOTOROLA RADIOS - - - - - - - Total: Other Equipment 5,750 3,583 6,100 - 6,100 9,329 (3,229) Total: Machinery & Equipment 5,750 3,583 11,100 - 11,100 9,329 1,771 Total: Public Works 1,511,028 1,742,108 1,724,863 38,000 1,762,863 973,200 789,663 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Professional Fees 38,000 Total Increase 38,000$ 38,000$ TOTAL BUDGET AMENDMENTS Amendment Reason To remove the house within Birmingham Park and the one recently purchased on the outskirts of the park. FY 2015 Budget Amendments #1 14 of 20 Debt Service Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Debt Service - Principal BOND PRINCIPAL - - - - - - - CAPITAL LEASE PRINCIPAL 81,466 83,698 177,340 (3,000) 174,340 174,340 0 Total: Debt Service - Principal 81,466 83,698 177,340 (3,000) 174,340 174,340 0 Debt Service - Interest BOND INTEREST - - - - - - - CAPITAL LEASE INTEREST 9,302 7,070 7,177 (2,400) 4,777 4,777 0 Total: Debt Service - Interest 9,302 7,070 7,177 (2,400) 4,777 4,777 0 Total: Debt Service 90,769 90,769 184,517 (5,400) 179,117 179,117 0 BUDGET AMENDMENT NOTES Account Name DECREASE 1. Capital Lease Principal (3,000) 2. Capital Lease Interest (2,400) Total Decrease (5,400)$ (5,400)$ FY 2013 Actuals FY 2014 Actuals FY 2015 TOTAL BUDGET AMENDMENTS The lease for the fire truck was paid off one year early and resulted in a savings for the City FY 2015 Budget Amendments #1 15 of 20 Other Financing Uses Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Operating Transfers Out TO CAPITAL PROJECTS FUND 6,075,090 4,982,793 4,065,206 338,227 4,403,433 - 4,403,433 TO CAPITAL GRANT FUND 529,291 - 600,180 - 600,180 - 600,180 TO CAPITAL PROJECTS FUND-REVENUE BOND - 3,330,651 10,537,259 - 10,537,259 - 10,537,259 TO OPERATING GRANT FUND 98,178 - - - - - - Total: Operating Transfers Out 6,702,559 8,313,444 15,202,645 338,227 15,540,872 - 15,540,872 Total: Other Financing Uses 6,702,559 8,313,444 15,202,645 338,227 15,540,872 - 15,540,872 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Operating Transfer Out to Capital Projects Fund 338,227 Total Increase 338,227$ 338,227$ FY 2013 Actuals FY 2014 Actuals FY 2015 TOTAL BUDGET AMENDMENTS Amendment Reason To move excess funds to land conservation project, the acquisition of a second variable message board, and an additional contribution for improvement of fields at Northwestern Middle for girls lacrosse. FY 2015 Budget Amendments #1 16 of 20 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) Capital Projects Fund Summary FY 2015 Approved Budget Requested Budget Amendment Amended Budget Revenues 6,302,032 5,308,461 4,626,906 438,227 5,065,133 Expenditures 4,220,227 6,393,390 12,139,643 438,227 12,577,870 Total Revenues Over (Under) Expenditures 2,081,805 (1,084,929) (7,512,737) Beginning Fund Balance 6,878,897 8,960,703 7,875,774 Ending Fund Balance 8,960,703 7,875,774 363,037 Actuals FY 2013 Actuals FY 2014 FY 2015 Budget Amendments #1 17 of 20 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 77,180 96,249 70,000 - 70,000 37,253 32,747 CRABAPPLE PAVING FUND 4,200 5,250 - - - - - TRAFFIC CALMING 5,800 - - - - - - TREE RECOMPENSE 20,600 75,000 - - - - - LANDFILL USE FEES 92,727 119,338 90,000 - 90,000 58,174 31,826 HYA FEES - 7,808 - - - - - INTEREST REVENUE 2,867 1,923 1,700 - 1,700 258 1,442 DONATION/PARKS & RECREATION - - - 100,000 100,000 100,000 - INSURANCE PROCEEDS/PUBLIC SAFETY 10,154 - - - - - - OPERATING TRANSFERS IN FROM GENERAL FUND 6,075,090 4,982,793 4,065,206 338,227 4,403,433 - 4,403,433 OPERATING TRANSFERS IN FROM E-911 FUND - - 400,000 - 400,000 - 400,000 PROCEEDS OF SALE OF ASSETS 13,414 300 - - - - - Total Revenue 6,302,032 5,308,461 4,626,906 438,227 5,065,133 195,684 4,869,449 Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) Mayor & Council LAND CONSERVATION - - 300,000 285,227 585,227 357,258 227,969 BUILDINGS/FUTURE CITY FACILITIES 42,102 26,982 - - - - - Mayor & Council Total 42,102 26,982 300,000 285,227 585,227 357,258 227,969 General Admin VEHICLES / REPLACEMENT RESERVE - - 50,000 (26,824) 23,176 19,414 3,762 General Admin Total - - 50,000 (26,824) 23,176 19,414 3,762 Police PUBLIC SAFETY COMMUNICATIONS 35,908 312,585 1,749,677 - 1,749,677 837,984 911,693 VEHICLES / REPLACEMENT RESERVE 232,517 402,423 253,549 - 253,549 187,259 66,290 AUTOMATED LICENSE PLATE READERS - 39,917 - - - - - Police Total 268,425 754,925 2,003,226 - 2,003,226 1,025,243 977,983 Fire STATION REPAIR/ROOF REPLACEMENT STATION 41 25,938 - 10,000 - 10,000 - 10,000 STATION 43 PARKING LOT REPAIR - 330 113,644 - 113,644 - 113,644 STATION 42 REPLACEMENT - - - - - - - STATION 41 GENERATOR REPLACEMENT - - 54,000 - 54,000 38,189 15,811 FUEL MANAGEMENT SYSTEM - - 33,000 - 33,000 - 33,000 VEHICLE REPLACEMENT RESERVE 54,501 194,386 1,434,180 - 1,434,180 104,368 1,329,812 ADVANCED LIFE SUPPORT EQUIP - - - - - 9,725 (9,725) AED UNITS 2,648 - 46,218 - 46,218 27,435 18,783 MASS NOTIFICATION SIRENS - 212,755 87,245 - 87,245 4,210 83,035 FIRE SAFETY HOUSE - 15,181 - - - - - LIVE FIRE TRAINING FACILITY - - 75,000 - 75,000 - 75,000 Fire Total 83,087 422,652 1,853,287 - 1,853,287 183,927 1,669,360 Public Works CONSTRUCTION INSPECTORS - 21,224 78,688 - 78,688 - 78,688 TRANSPORTATION MASTER PLAN UPDATE - - 225,000 - 225,000 - 225,000 GRAVEL ROADS MAINTENANCE 61,766 86,690 202,384 - 202,384 26,954 175,430 STORMWATER MAINTENANCE 27,197 328,889 201,011 - 201,011 18,925 182,086 NPDES PERMIT COMPLIANCE 51,020 5,630 308,850 - 308,850 195 308,655 PAVEMENT MANAGEMENT 1,938,805 3,112,726 1,944,672 - 1,944,672 213,943 1,730,729 STORAGE BUILDING & YARD CONSTRUCTION 19,000 700 205,477 - 205,477 - 205,477 Expenditures Revenues Capital Projects Fund FY 2013 Actuals FY 2013 Actuals FY 2015 FY 2015 FY 2014 Actuals FY 2014 Actuals FY 2015 Budget Amendments #1 18 of 20 Capital Projects Fund Account Name Approved Budget Requested Budget Amendment Amended Budget Actuals as of 4/28/15 Budget Remaining (after adj) INFRASTRUCTURE / TRAFFIC CALMING 10,156 - 38,234 - 38,234 - 38,234 INFRASTRUCTURE / RESTRIPING 82,595 5,267 101,952 - 101,952 - 101,952 CAMBRIDGE SCHOOL ZONE EQUIP 27,500 - - - - - - REPLACE SCHOOL ZONE FLASHERS 526 - 102,474 - 102,474 53,820 48,654 INFRASTRUCTURE / EDGE OF PAVEMENT - - 50,000 - 50,000 - 50,000 INFRASTRUCTURE / BRIDGE REPLACEMENT 283,317 3,034 408,138 - 408,138 31,496 376,642 INFRASTRUCTURE / SIDEWALKS 25,102 10,755 547,015 - 547,015 - 547,015 BETHANY@COGBURN RD INTERSECTION IMPROVMTS 9,327 56 - - - - - HOPEWELL/FRANCIS/COGBURN INTERSECTION 54,646 822,725 13,149 - 13,149 - 13,149 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 54,705 70,646 1,324,737 - 1,324,737 41,867 1,282,870 INTERSECTION/HOPEWELL @ BETHANY BND/BETHANY WAY 42,917 - 252,083 - 252,083 - 252,083 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM - 46,585 103,415 - 103,415 2,663 100,752 MCGINNIS FERRY INTERCHANGE - - 50,000 - 50,000 - 50,000 INFRASTRUCTURE/CRABAPPLE NE CONNECTOR - - 50,000 - 50,000 - 50,000 INTERSECTION/WEBB RD TURN LANES - - 185,000 - 185,000 - 185,000 GREEN RD PEDESTRIAN LIGHTING - - 80,000 - 80,000 75,149 4,852 VEHICLES / NEW VEHICLES - - 90,178 - 90,178 35,697 54,481 ASSET MANAGEMENT SOFTWARE - - 60,000 - 60,000 - 60,000 OTHER EQUIPMENT - - - 11,000 11,000 - 11,000 Public Works Total 2,688,579 4,514,927 6,622,457 11,000 6,633,457 500,708 6,132,749 Parks & Recreation PROF FEES/SIGN PROGRAM 1,795 7,600 - - - - - SITES / PARK LAND ACQUISTION 950,350 - - - - - - SITE IMPROVEMENT/CRABAPPLE CROSSING PARTNERSHIP 26,979 - - - - - - NORTHWESTERN MIDDLE IGA FIELDS - - 25,000 142,000 167,000 - 167,000 PROVIDENCE PARK - - 61,816 - 61,816 9,300 52,516 BYRD HOUSE RENOVATIONS 31,850 277,390 447,160 - 447,160 397,967 49,193 BROADWELL PARK PAVILION - 273 530,000 - 530,000 529,405 595 BUILDINGS / PARK IMPROVEMENTS - - - - - - - PARK & TRAIL EXPANSION 87,353 380,067 34,257 - 34,257 34,809 (552) UTILITY VEHICLE - - 17,000 - 17,000 - 17,000 NEW VEHICLES - - - 26,824 26,824 26,921 (97) Parks & Recreation Total 1,098,328 665,329 1,115,233 168,824 1,284,057 998,402 285,655 Community Development PROF FEES/TDR FEASIBILITY STUDY 11,180 - - - - - - ARCHITECTURAL CODE 1,081 - - - - - - FORM BASED CODE/TDR ORDINANCE 25,370 265 26,735 - 26,735 13,902 12,833 GATEWAY SIGNAGE & HISTORIC MARKERS - 7,460 60,350 - 60,350 - 60,350 SITE IMPROVEMENT/TREE RECOMPENSE 2,075 850 108,355 - 108,355 335 108,020 Community Development Total 39,705 8,575 195,440 - 195,440 14,237 181,203 Total Expenditures 4,220,227 6,393,390 12,139,643 438,227 12,577,870 3,099,189 9,478,681 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 2,081,805 (1,084,929) (7,512,737) (2,903,505) BEGINNING FUND BALANCE 6,878,897 8,960,703 7,875,774 7,875,774 ENDING FUND BALANCE 8,960,703 7,875,774 363,037 4,972,269 FY 2014 Actuals FY 2015 Expenditures FY 2013 Actuals FY 2015 Budget Amendments #1 19 of 20 Capital Projects Fund BUDGET AMENDMENT NOTES Account Name Amount REVENUES 1. Donation Revenue/Parks & Recreation 100,000 2. Operating Transfer in from General Fund 338,227 438,227$ EXPENDITURES 1. Mayor & Council/Land Conservation 285,227 2. General Admin/Vehicle Replacement Reserve (26,824) 3. Public Works/Other Equipment 11,000 4. Parks & Rec/Northwestern Middle IGA Fields 142,000 5. Parks & Rec/New Vehicles 26,824 438,227$ 438,227$ TOTAL BUDGET AMENDMENTS Increase to account for donation from Eagle Stix to improve the fields at Northwestern Middle for girls lacrosse Increased to transfer excess funds from General Fund to this project Increased to account for donation from Eagle Stix and additional contribution from excess funds from General Fund to improve the fields at Northwestern Middle for girls lacrosse Increased to purchase a second variable message board Decreased to move funds to Parks & Rec department for purchase of truck Amendment Reason Transfer excess funds from General Fund for land conservation project, the acquisition of a second variable message board, and an additional contribution for improvement of fields at Northwestern Middle for girls lacrosse. Increased to account for purchase of truck FY 2015 Budget Amendments #1 20 of 20 Page 1 of 2 STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2015 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on June 1, 2015 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2015 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2015 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2015 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 1st day of June, 2015. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Karen Thurman Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Bill Lusk Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: May 4, 2015 Public Hearing: June 1, 2015 Ratification: June 1, 2015 HOME OF' THE BEST QLJA1ITY OF LIFE IN GEOPGIA' I- LTONIIN E S TA li t. I S l I FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of Revisions to Milton City Code, Chapter 22, Fire Prevention and Protection. MEETING DATE: Monday, June 1, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: j� APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS K) APPROVED Aj.r O NOT APPROVED () NO (jNO () NOT APPROVED Your PHONE: 678.242.2500iFAX: 678.242.2499 Green infoftityofmiltonga.us I www.cityofmiltonga.us t^< Community �4 Emic, i 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) STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 22, FIRE PREVENTION AND PROTECTION, OF THE CITY OF MILTON CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 1, 2015 6:00 p.m. as follows: SECTION 1. That the amendments of Chapter 22 of the City of Fire Prevention and Protection 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 1st day of June, 2015. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk �"J HOME OF ' ' 3 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Northwestern Middle School Practice Field Expansion. MEETING DATE: Monday, June 1, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY YAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: d60) 1 !E; - REMARKS REMARKS © At Youlm ;,� _. GC�eh * * * *c«YO PHONE: 678.242.25001 FAX: 678,242.2499 Community4 info@cRyofmiltonga.us I www.cityofmiltonga.us „ILP�IH a 13000 Deerfield Parkway, 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 12, 2015 for the June 1, 2015 Regular Council Meeting Agenda Item: Consideration of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Northwestern Middle School Practice Field Expansion ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the expansion of the Lacrosse practice field at Northwestern Middle School. Executive Summary: On October 13, 2013, the City entered into the first IGA with the Fulton County Board of Education for the use of the multi-purpose field. Included in that IGA was the permission to renovate space between the tennis courts and the multi-purpose field and create a lacrosse practice field. That work was partially completed in 2014. The purpose of this project is to expand on that initial effort to maximize the available space. An invitation to bid #15-PR03 was released to the public for 30 days which 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 $34,672.30 will be funded by available funds in the FY15 budget. The funds will come from the Northwestern Middle IGA Fields line item in the FY15 Capital Improvement budget. Page 2 of 2 Alternatives: The only alternative is to take no action, and not improve the field which would hinder the growth of the Eagle Stix Girls Lacrosse program. Legal Review: Paul Higbee – Jarrard & Davis May 8, 2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Contract HOME OF 'THE &ES' QLAUT`l OF LIFE ;P; GEO[2GM(A' I•. NIII� ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT FOR Northwestern Middle School Practice Field Expansion This Agreement (the "Agreement") to provide expansion of the existing practice field 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"), 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 Northwestern Middle School Practice Field Expansion, and WHEREAS, based upon Contractor's bid to expand the existing practice field 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 (51 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated May 5, 2015 (19 Pages), attached hereto as Exhibit «B». D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. 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 Proiect Description The scope of this project generally consists of leveling a hill and sodding the flat land to expand an existing an existing lacrosse practice field. 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. 2 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $34,672.30 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 arnounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $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 11 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 Cch (ty) shall be authorized to act on Cont actor's belialf with respect to the Work as Contractor's designated representative. 5 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. 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. C1 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. 7 (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(1) of this Agreement. 0 (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 "I"' 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 years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit 11 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, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees 12 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. 13 Section 8 Covenants of the City 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. City's 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. 14 B. 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. C. 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. D. 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_LawLaw. 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: 15 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: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Parkway, Suite 204 — 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 Mai eure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. 16 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] 17 SIGNED SEAIIM. AND DELIVERED In the prese of: L:rzl Witness (Corporate Secretary should attest) �? p L"i In /L VY r, Print Name Notattylit My Com i 'onP L�xpi � �.,,✓ula®,,. I frr EE C®Qp000°o SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Trica es Inc. d) Signature11ec Print Name -pY'eSI cien+ l L I=y Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor 18 [CITY SEAL] EXHIBIT "A" REQUEST FOR BID HOME OF'THE BEST QUAITY OF LIFE 14 GEORGIA' M I LTONIt ESTABLISHED 2006 Bid Number: Project Name: 15-PR03 Northwestern Middle School Practice Field Expansion Due Date and Time: City of Milton May 5, 2015 Local Time: 2:00pm Number of Pages: 51 ISSUING DEPARTMENT INFORMATION Issue Date: April 1, 2015 City of Milton Parks and Recreation Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 15-PR03 City of Milton Bidder E-mail Address: Attn: Honor Motes, Purchasing Office Special Instructions• 13000 Deerfield Pkwy Deadline for Written Questions Suite 107F April 10, 2015,5 pm Milton, Ga. 30004 Email questions to Honor Motes at houor.motes(a,cit 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 IIPage 15-1'R03 nit �l.rc}N'� Table of Contents Topic 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 Submittal Form Disclosure Form EPD Air Quality Rules Schedule of Events Sample Contract Agreement Page 3 5 8 10 12 14 17 17 18 19 20 21 22 24 25 2 1 P a g e 1 5 -PRO -3 tv11 l�"CE)N� CITY OF MILTON Invitation to Bid: 15-PR03 The City of Milton is accepting sealed bids from qualified firms for the Northwestern Middle School Practice Field Expansion in conformance with Title 36, Chapter 91, Article 2 of the Official Code of Georgia Annotated. All work will be done in accordance with the drawings and specifications issued herein. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. In order to be considered a qualified firm, bidders must be able to demonstrate successful completion of at least three (3) projects of similar scope within the last 5 years. Project details and contact information shall be submitted as part of the bid package. At a minimum provide project name, location, project description, cost of construction, date of construction, contact name and phone number or email address. The project is located at Northwestern Middle School 12805 Birmingham Highway, Milton, GA 30004. It consists of the expansion of the existing practice field which is located between the tennis courts and the multi-purpose field. The land must be re -graded, an existing manhole covered, and the area must have new sod installed. There is no pre-bid meeting to attend. The plans and specifications are available at http://Www.cityofmiltonga.org/NWMS Practice Field planspdf If there are any questions or issues regarding access to the PDF plans, please contact: Honor Motes Procurement Manager honor. motes&ityofmiltonga. us Sealed bids will be received no later than 2:00 PM Local Time on May 5, 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 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number 15-PR03 and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor. motes(&ityofmiltonga.us. Deadline for questions is April 10, 2015 at 5:00pm. 3 1 P a g c 15-11R03 1111 t 10NIV- 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 16, 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. The failure of bidders to receive or acknowledge any Addendum shall not relieve them of any obligation under the bid. All Addenda shall become part of the contract documents. Please refer to Bid 15-PR03 Northwestern Middle School Practice Field Expansion 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. 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. 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 seventy five (75) 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. 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 4 1 P a g e I5 -('R03 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 12-13 3 Bid Bond (3 pages) 14-15-16 4 Qualification Signature and Certification 17 5 List of Subcontractors 18 6 Contractor Affidavit and Agreement (eVerify)- State Law 19 7 Bid Submittal Form 20 8 Disclosure Form 21 9 Qualification sheet listing a minimum of 3 projects of similar scope and references Use your own form INFORMATION AND INSTRUCTIONS A. The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firrn to be the primary contractor for the Northwestern Middle School Practice Field Expansion, 15-PR03 in accordance with the contract documents. B. Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request of the City for an interpretation or correction of any ambiguity, inconsistency or error therein which could be discovered by a bidder. The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations. C. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. D. The City reserves the right to cancel the contract in accordance with these specifications and the contract documents. E. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. F. All items to be bid FOB, Milton, Georgia, and must include all costs chargeable to the contractor executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The 511'age 15-1'1203 r1/i 1 -Flo ) Contractor shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City's tax-exempt status. G. A bidder may submit only one (1) bid response for each bid solicitation unless otherwise authorized by the contract documents. H. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers' number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. J. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. K. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. L. All successful bidders must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. M. All successful bidders must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If a successful bidder is not the manufacturer, all manufacturers' warranties must be passed through to the City. The bidder, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. N. The bidder is solely responsible for the fitting, assembly and installation of any item by the manufacturer's authorized or approved servicer or experienced worker utilizing 6 1 P a g e 1 -1-1R03 workmanship of the highest caliber. The bidder must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. O. The bidder is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). P. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. Q. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. R. The contractor is responsible for all utilities, including but not limited to, the water used during this project in accordance with the plans and specifications incorporated herein. PERMITS AND LICENSES Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses"), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Contractor shall file the Notice of Intent and serve as the primary permittee for the NPDES permit. Contractor shall be responsible for all record keeping, monitoring and corrective actions necessary to maintain compliance with that permit. Contractor is responsible for all fees associated with the NPDES permit. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the 7 1 P a g e 15-1'R03 2K, 1T ) *t Contract Document, and shall form a binding Contract between the contracting parties. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 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. (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 81page 1 5 - P R 0 3 Mi1110 '! insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. 9 1 P a g e 1 5 - P R 0 3) (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 fon-ns provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). 10111age 15-PR03 Ivt 1 1. C )N1� COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. IIIPage 1 7-13003 LA 1; ON'� [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PR03 Northwestern Middle School Practice Field Expansion The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed by these contract documents, the project engineer or the City, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). Except as otherwise directed by these contract documents all materials used in completion of this project will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within seventy five (75) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new 121Page 1 5-PR03 completion date. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of , 20 Bidder Bidder Mailing Address: Signature: Print Name: Title: (Seal) Company Name 131Page I5-PR03 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: Northwestern Middle School Practice Field Expansion: 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: Seal) 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. 141Page 1 55 - P R 0 3 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. 3. This obligation shall be null and void if - 3.1 £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. 15 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. 16 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of , 20 17 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: 18 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Northwestern Middle School Practice Field Expansion Name of Project City of Milton Name of Public Employer 19 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: [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Northwestern Middle School Practice Field Expansion The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. The bidder hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Bid Price (Lump Sum) $ Print Dollar Amount Base bid includes all work described in the project description. A111;1 <)C�1�9 20 1 P a e [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: (�fl I !:1 <)i�l 21 P a g e ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 — FAX MrI V. )N%' 221Pa<;e 11 a oloril 1101 I'll 0 ivy Ii TIM I 1z"A. 34�05'44.W N 84°2 ft 0 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: April 1, 2015 April 10, 2015 @ 5:00 PM *Submit via E -Mail to Honor Motes of Purchasing Office City of Milton Addendum (on or about) April 16, 2015 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due May 5, 2015 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Tentative Contract Award (On/about) May 18, 2015 Notice to Proceed Issued (On/about) May 19, 2015 hl ( (:10r� 241 P a g c Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Construction Agreement (the "Agreement') is made and entered into this day of _,20 , by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City'), and XXX. ,, a with its principal place of business located at XY—KKM (hereinafter referred to as the "Contractor) (collectively referred to herein as the "Parties'). WITNESSETH.• WHEREAS, the City issued a Invitation to Bid, dated XXYXUCVYXXXX for services generally described as XKKVM,- 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 Contractor's bid in response to the Invitation to Bid for XXXYYXXVYXXXX the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal,state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFOR& the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. ' Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A" (including the Project Specifications); C. Bid Documents from Contractor dated attached hereto as Exhibit 'B D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit "C E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D' MI I:iC)N�9' 25 1 1-1 a g e F. Final Affidavit, attached hereto as Exhibit "E "; G. Alien Employment affidavits attached hereto as Exhibits "F" and "G"; H. SAVE affidavit attached hereto as Exhibit "H"; J Key Personnel, attached hereto as Exhibit "J"; K The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. 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'). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time A. Contract Duration Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within 365 calendar days from the date of the City's issuance of a written Notice To Proceed. B. Liquidated Damages The City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss`if the Contractor fails to complete the Project within the time set forth in this Section or as that time may be extended by change order. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Contractor fails to meet such deadline. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Lump Sum Liquidated Damages in the amount of $15, 000.00 if the project is not completed and operational by August 1, 2015. Section 5. Contractor's Compensation: Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed , except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both iMl I F(YA 2611> a o e Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O. C. G.A. § 44-14-366. For reasonable cause andlor 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 (1001o) 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. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations f tom 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 fled or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Chanees A. "Change order" means a written modification of the Contract Documents, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change ;directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $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 law 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 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 Jull 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'sduties 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 pufpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Bud etary 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. Spec f tally, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound i Vi OrNy 28 1 P a o e principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. Citv'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 Work„ under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. K 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. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting`; to it andlor the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively "Liabilities'), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the rAI I 1()N*l 291Page Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be; performed by Contractor or to exercise a measure of control over such services will be deemed to mean that' Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way 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 liabilityfor 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 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 �'��t.l► 1()N't 301Page 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 Liabilitv 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 whomclaim 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 behaf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the Cityfor General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A: VI. (6) Verification of Covera e: 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 tvl (1 1�M) 31 1 1' a g 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 orf nal 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 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. Emplovment 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 -Verb program to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify) program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed The Contractor hereby verifies that it has, 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 Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form 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 mil:l it 321Pa,ge 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 Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays; occasioned by the City thereby. 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. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, intheevent Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure: Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVEAffidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractorhereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "H", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration 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 33 1 P t g e 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. O. Conflicts of Interest Contractor agrees that it shall > not engage in any, activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges, that it may receive confidential information of the City and that 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 Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. Q. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to Mil:j(jN 34111a(1e perform the Project ("Licenses'), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Kev Personnel All of the individuals identified in Exhibit `J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit V ", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior 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 parry for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authoritu'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. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("Materials') shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the nm( (:1( : 35 1 [' a g e City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face -to face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City's Representative XXXXXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible 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. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement„ the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the M[l:(�() , 361Page notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may ,become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subjectto the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: MEI 1 0.01 A' 371Page NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. H. Force Ma'et ure. 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 bysuch acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease ofreference purposes only and in no way define, limit or describe the scope or intent thereof or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate 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 of any future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. M1i. , 381Pa«e. CONTRACTOR: By: Attest: XKKK) X [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: (signature) (print) [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] MI1,-1 N� 391Page Approved as to form: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of Witness Notary Public [NOTARY SEAL] My Commission Expires: ElI, F )INA, 401Pace EXHIBIT "A" [Insert Invitation to Bid] EXHIBIT "B" [Insert Bid Documents] 41 1 P a e EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal'), and (as SURETY COIIPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States ofAmerica, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of 20_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during; the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the Cityfrom 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; 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 t��sll:IC7N� 421Page this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal.' IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of ,20 CONTRACTOR {"Principal') By: (signature) (print) Title: Attest: (signature) (print) Title: Date: [AFFIX CORPORATE SEAL] [SIGNATURES CONTINUE ON FOLLOWING PAGE] M I -FON* 43 1 P a g e Attest: Title: Date: CONTRACTOR'S SURETY.• By: Title: (signature) (print) (SEAL) (signature) (print) (ATTACH SURETY'S POWER OFATTORNEY) I I FONN'@, 441 Page PAYMENT BOND CITYOFMILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal'), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum Of Dollars ($ ), lawful money of the United States ofAmerica, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated . which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined for all labor, set -vices 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 entityfurnishing 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 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 45 1 P a g e Georgia Imv for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: By: (signature) (printed) Title: (SEAL) (signature) (printed) CONTRACTOR SURETY.• By: (signature) (printed) Title: (ATT.4 CH SURETY'S POWER OF ATTORNEY) (signature) (printed) (SEAL) N1I l:lmk 46 1 P a �() e EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA City of Milton being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XVI (the `Proposer') that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, 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 fromproposingin connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the 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 ofAuthorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 120 Notary Public (SEAL) My Commission Expires Date 74(I f<3N�` 47 111 a r -,e EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, 'hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXX)XX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied ,in full as of 20 , and that there are no outstanding obligations or claims of any kind for 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 XXXXXXXXX that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires Ml(101t 481Page STATE OF GEORGIA CITY OFMILTON 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 -Verb, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O. C. G.A. § 13-10-91. Furthermore, the undersigned 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 ofwhich is attached hereto as Exhibit "G ". Contractor hereby attests that its federal work authorization user' identification number and date of authorization are as follows. Federal Work Authorization User Identification Number _ Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201 in (city), 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 [NOTARY SEAL] My Commission Expires: (state). EqC; I C *1 491 P a g e EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for 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.CG.A. §;13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date ofAuthorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty ofperjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 Notary Public [NOTARY SEAL] R 1 KL )N 50 1 P a e EXHIBIT "I" [RESERVED] EXHIBIT "J" KEY PERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT 71IlF(X? �, 511Page EXHIBIT "B" BID FROM CONTRACTOR HOMEOF'ii-i"e i�:.�, L.r=:: �. ��.-.� CITY OF MILTON INVITATION TO BID rSTABLIS1IC1) M (THIS IS NOT AN ORDER) Bid Number: Project Name: 15-PR03 Northwestern Middle School Practice Field Expansion Due Date and Time: City of Milton May 5, 2015 Number of Pages: 51 Local Time: 2:00pm Suite 107F ISSUING DEPARTMENT INFORMATION Issue Date: April 1, 2015 City of Milton Parks and Recreation Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Tri Scapes, Inc. Bid Number: 15-PR03 City of Milton / Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Special Instructions• Deadline for Written Questions Suite 107F April 10, 2015,5 pm Milton, Ga. 30004 Email questions to Honor Motes at Bidder Federal I.D. Number: honor.mote ,Cit Ofniiltoiiati.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authori ed Bidder Si ato Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 / Cumming, Georgia 30041 (Please print name and sign in ink) Rebecca Martin, President1CF0 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 MUST RETURN THIS COVER SHEET WITH BID RESPONSE Table of Contents Topic 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 Submittal Form Disclosure Form EPD Air Quality Rules Schedule of Events Sample Contract Agreement Page 3 5 8 10 12 14 17 17 18 19 20 21 22 24 25 21Pi_ P'`.I_ CITY OF MILTON Invitation to Bid: 15-PR03 The City of Milton is accepting sealed bids from qualified firms for the Northwestern Middle School Practice Field Expansion in conformance with Title 36, Chapter 91, Article 2 of the Official Code of Georgia Annotated. All work will be done in accordance with the drawings and specifications issued herein. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. In order to be considered a qualified firm, bidders must be able to demonstrate successful completion of at least three (3) projects of similar scope within the last 5 years. Project details and contact information shall be submitted as part of the bid package. At a minimum provide project name, location, project description, cost of construction, date of construction, contact name and phone number or email address. The project is located at Northwestern Middle School 12805 Birmingham Highway, Milton, GA 30004. It consists of the expansion of the existing practice field which is located between the tennis courts and the multi-purpose field. The land must be re -graded, an existing manhole covered, and the area must have new sod installed. There is no pre-bid meeting to attend. The plans and specifications are available at http://Www.cityofmiltonga.orgINWM.S Practice Field planspdf If there are any questions or issues regarding access to the PDF plans, please contact: Honor Motes Procurement Manager honor. motes@cityofmiltonga. us Sealed bids will be received no later than 2:00 PM Local Time on May 5, 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 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number 15-PR03 and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofnziltonga.us. Deadline for questions is April 10, 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 16, 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. The failure of bidders to receive or acknowledge any Addendum shall not relieve them of any obligation under the bid. All Addenda shall become part of the contract documents. Please refer to Bid 15-PR03 Northwestern Middle School Practice Field Expansion 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. 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. 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 seventy five (75) 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. 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 4 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 12-13 3 Bid Bond (3 pages) 14-15-16 4 Qualification Signature and Certification 17 5 List of Subcontractors 18 6 Contractor Affidavit and Agreement (eVerify)- State Law 19 7 Bid Submittal Form 20 8 Disclosure Form 21 9 Qualification sheet listing a minimum of 3 projects of similar scope and references Use your I own form INFORMATION AND INSTRUCTIONS A. The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary contractor for the Northwestern Middle School Practice Field Expansion, 15-PR03 in accordance with the contract documents. B. Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request of the City for an interpretation or correction of any ambiguity, inconsistency or error therein which could be discovered by a bidder. The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations. C. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. D. The City reserves the right to cancel the contract in accordance with these specifications and the contract documents. E. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. F. All items to be bid FOB, Milton, Georgia, and must include all costs chargeable to the contractor executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The 51P _� Contractor shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City's tax-exempt status. G. A bidder may submit only one (1) bid response for each bid solicitation unless otherwise authorized by the contract documents. H. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers' number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. J. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. K. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. L. All successful bidders must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. M. All successful bidders must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If a successful bidder is not the manufacturer, all manufacturers' warranties must be passed through to the City. The bidder, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. N. The bidder is solely responsible for the fitting, assembly and installation of any item by the manufacturer's authorized or approved servicer or experienced worker utilizing 61 d' ' n �3 workmanship of the highest caliber. The bidder must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. O. The bidder is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). P. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. Q. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. R. The contractor is responsible for all utilities, including but not limited to, the water used during this project in accordance with the plans and specifications incorporated herein. PERMITS AND LICENSES Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses"), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Contractor shall file the Notice of Intent and serve as the primary permittee for the NPDES permit. Contractor shall be responsible for all record keeping, monitoring and corrective actions necessary to maintain compliance with that permit. Contractor is responsible for all fees associated with the NPDES permit. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the 7 2I';'', Contract Document, and shall form a binding Contract between the contracting parties. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 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. (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 811'���� insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. 9 (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 Pam: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). 10�!' COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PR03 Northwestern Middle School Practice Field Expansion The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed by these contract documents, the project engineer or the City, all work perfonned shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). Except as otherwise directed by these contract documents all materials used in completion of this project will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within seventy five (75) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new 12111agc completion date. Attached hereto is an executed Bid Bond in the amount of 5-06 of total bidDollars ($ (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 5th day of May � 20 15 Bidder Tri Scapes, Inc. (Seal) Company Name Bidder Mailing Address: Tri Scapes, Inc. 1595 Peachtree Parkway Suite 204-396 Cumming, Georgia 30041 1 Signature: Print Name: Rebecca Martin Title: President I CFO 13111�ig c I -IIR0 N1II Il)N' [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) 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 Company, 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: 05/0512015 Northwestern Middle School Practice Field Expansion: BOND BOND NUMBER: DATE (Not later that Bid due date): 05/05/2015 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 (Seal) Bid1sZIarne and Co 'or to Seal Y `y Signature and TiY e: Attest: (..-� Signature and 'Title: Sc' c t e--t—ar SURETY FCC[ Insurance C m an y (Seal) Surety's t e an Co r t Seal By: ��i�. .f ��� %/ (Attach Power ofAttomey) Attest: tf Signature d Title: A fount Manager 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. 141Page. 1 5-PR0 I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if - 3.1 f3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 15 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 tern "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. 16 INSURANCE ..�' GROUP More than a policy. A promise. GENERAL POWER X33- ATTORNEY 10-020939 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 sum of (not to exceed $5,000,000): $5,000,000.00 'This Power of Attorney is made and executed by authority of a ResClutiCn 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 seam shall be binding upon the Corporation when so affixed and in the future with regard to any bond; undertaking OF contract of surety tc which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22010 day of September 2011 . A lest:Z.I� i_ �j of^✓> L!� � _--• , �` "�&Pu air �'i j J —�{{ = G ; G Cram hn��rrn, President I;aAL ,{= Thom A. Kovac Esq., EVP, Chie Es;a,Lc�fficer. FCCI nsurvee Company „„� Gov"n*en* Affairs and Corporate Secretafy Fin tir>^•` 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. My commission expires: 9/25/2016 NoMPubk, Stath of Fkdda my coimr. e>piras,Sol* 2s, 2016No. 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. ARILENE CUEMAN �^ My commission expires: 9/25/2016 Notary PLtk,StateSept.zs Stu 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 c 4L)b Thoma . Koval, Esq., EVP, Legal Officer, Gov r ent,Affairs and Corporate -e etary i•IONA-3592-NA-04, 9f74 �S S,SSITIV, �O DoeuGard;#04546 contains .i security pantograph, blue bar;kground, heat -sensitive ink coir -reactive watermark, and rnicrote�t printing on hordef. [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, incl, 'ng but not limited to Title 32, Chapter 4, Article 4, Part 2 and ia'lalt Sections 45-10-20 et sen. h ve not bee 'ved and will not be violated in any respect. Authorized Signature < �l i,u. �'-` Date 05/05/15 Print/Type Name Rebecca Martin Print/Type Company Name Here Tri Scapes, Inc. CORPORATE CERTIFICATE I Quinn Martin named as Contractor in the foregoing bid; that certify that I am the Secretary of the Corporation Rebecca Martin who signed said bid in behalf of the Contractor, was then (title) president I CFO 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 5th---. day of May , 20 15 t � (Seal) (Signature) 17 [BIDDERS MUST RETURN THIS SHEET 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. 18 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 123689 I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Executed on May s X01s ineummin(t 06/02/08 GA ,( tate). f Date of Authorization Tri Scapes, Inc. Name of Contractor Signature of Authorized Officer or Agent Northwestern Middle School Practice Field Rebecca Martin, President I CFO Expansion Printed Name and Title of Authorized Officer or Name of Project Agent City of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 5t �pD6iYlOifill Ma NOT`'ARYL--' u' 10 &OTgY 9VA� "? W r Po QKEE CQN;. °%mow My Commission40-k4jfjit,%% 07/19/16 19 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Northwestern Middle School Practice Field Expansion The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. The bidder hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Bid Price (Lump Sum) $ 34,672.30 Thirty-four thousand, six hundred seventy - Print Dollar Amount two and 30/100 --------------------dollars Base bid includes all work described in the project description. NAII10Nb- 20�1'age [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder 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 ®IA2 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 iMII_I()N' 2111',,1 ***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 1 ; , <% 22 11' , I I'd 23 1 P SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: April 1, 2015 April 10, 2015 @ 5:00 PM *Submit via E -Mail to Honor Motes of Purchasing Office City of Milton Addendum (on or about) April 16, 2015 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due May 5, 2015 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Tentative Contract Award (On/about) May 18, 2015 Notice to Proceed Issued (On/about) May 19, 2015 24 1 P Reference Only Subject to change SAMPLE CONSTRUCTION AGREEMENT This Construction Agreement (the "Agreement ") is made and entered into this day of ,20 , by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City'), and KXXXXX, a with its principal place of business located at XYXXXVX (hereinafter referred to as the "Contractor') (collectively referred to herein as the "Parties'). WITNESSETH: WHEREAS, the City issued a Invitation to Bid, dated XXXXXXXXX=,, for services generally described as XXX -,K=, and WHEREAS, the Cityfinds that specialised knowledge, skills, and training are necessary to perforin the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; I= WHEREAS, based upon Contractor's bid in response to the Invitation to Bid for XXX.XKXKVXXXXX, the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiari_-ed itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise beloli) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A" (including the Project Specifications); C. Bid Documents from Contractor dated attached hereto as Exhibit "B "I- D. ; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit "C' ; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D "; F Final Affidavit, attached hereto as Exhibit "E "; G. Alien Employment affidavits attached hereto as Exhibits "F" and "G"; H. SA VE affidavit attached hereto as Exhibit "H"; J. Key Personnel, attached hereto as Exhibit V"; 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 Patties. Section 2. Proieet Description The Project is defined generally as follows: Section 3. The Work The Work is specified and indicated in the Contract Documents (the "Work'). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time A. Contract Duration Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within 365 calendar days f •om the date of the City's issuance of a written Notice To Proceed. B. Liquidated Damages The City and Contractor recognise that time is of the essence of this Agreement and that City will suffer financial loss if the Contractor fails to complete the Project within the time set forth in this Section or as that time may be extended by change order. The City and Contractor also recognise the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Contractor fails to meet such deadline. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Lump Sum Liquidated Damages in the amount of $15, 000.00 if the project is not completed and operational by August 1, 2015. Section 5. Contractor's Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both r i �Z% 26 1 P -' Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the 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 (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 authorised hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthor•Led 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 speck the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognised, 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 tinder 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 law 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 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 frrnishing 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 fill 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 f•orn 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 perform the Work within the budgetary limitations established without disregarding sound 4',17711' 281 P t 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 Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assignment ofAgreement The Contractor covenants and agrees not to assign or transfer ally 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 of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively "Liabilities'), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting fi•om 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 29 " . _ J. 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 time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way 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 authorised, in advance and in writing, to do so, and then only for the limited purpose stated in such authorisation. 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. 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 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 `. 30 Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to 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. (vt) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the Cityfor General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent 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: VI. (6) Verification of Coverage: Contractor shall firrnish 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 utiliced 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 .' 311 i - 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 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 Employment of Unauthorised Aliens Prohibited (1) E- Verify Affidavit It is the policy of City that unauthorised 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 -Verb program to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verb') program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify programs, of all employees who will perform work on the City contract to ensure that no unauthorised aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarised affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G ", and such subcontractor of davit 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 receiptfrom any subcontractor. The City Manager or his/her designee shall be authorised 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 . I\ 32 _ Agreement. The City Manager or his/her designee shall further be authorised to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorised 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 unauthorised alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 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. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Alf davit and Secure Verifiable Document Pursuant to 0.C.G.A. § 50-36-1, the City must obtain a SA VE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), a form of which is attached hereto as Exhibit "H", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration 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 ti a''r 33 11' 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) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that 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 organisation, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unarrthor•Led disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Record's Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit 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 -I8 -72(a)(34) related thereto. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorifations needed to I �� 34 perform the Project ("Licenses'), including but not limited to any permits required by the EPA or• the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Ha�ar•dous 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 tr•anspor•t such hafardous 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 hafardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel All of the individuals identified in Exhibit "J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit " J", without written approval of the City. Contractor recognises that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for• substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or• superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third parryfor the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being preparedfor the services to be performed by the Contractor ("Materials') shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor• or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur• during the term of the Agreement, at no additional cost to the City. Meetings will occur 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. Right of Ent The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City's Representative XXUVM shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted) Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible 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 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor's receipt of City's notice of termination. The City shall have no further liability to Contractor for such 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. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement„ the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the ii t) 36I ', notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authori_ation. 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. Governinz Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously fitrnished to the other Parties by written notice in accordance herewith: v I I (T'< ' 37 NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. H. Force Maieure. 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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate 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 of any future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. G. No Third Party Ri h7ts. 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. 38 _ CONTRACTOR: By: Attest: XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: (signature) (print) [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] ;v'. 1 C '7' 39 Approved as to form: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: 7 ,1'. 40 , EXHIBIT "A" [Insert Invitation to Bid] EXHIBIT "B" [Insert Bid Documents] vii 75\ , 41 EXHIBIT "C" PERFORMANCE BOND KNOW ALL 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 (S ), laltful 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 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 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 fill 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 authorised officers or attorneys -in fact, this day of ,20 CONTRACTOR ("Principal") Title: Attest: (signature) [AFFIX CORPORATE SEAL] Title: Date: (print) ISIGNATURES CONTINUE ON FOLLOWING PAGE] (print) 43 11 :1 Attest: (signature) (print) Title: Date: CONTRACTOR'S SURETY 0 Title: (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) (SEAL) 441 P PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal'), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum Of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as , (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity fm•nishing 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 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 othertivise 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 axed their corporate seals and caused this obligation to be signed by their duly authorised officers on this day of ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: By: Title: (signature) (printed) CONTRACTOR SURETY.• By: Title: (signature) (printed) (ATTACH SURETY'S POWER OFATTORNEY) (signature) (printed) (SEAL) (signature) (printed) (SEAL) 'i! t} 46�! STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER being first duly sivorn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXXX (the "Proposer') that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any ivay colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, fit -in or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or• has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated 0.C.G.A. § 36-91-21(d). Signature of Authorised Officer or Agent Printed Name and Title of Authorked Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAYOF 20 Notary Public My Commission Expires Date (SEAL) '!3 t) 47 1 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 XXXX.IXX. or any of its subcontractors in connection with the construction of the XXXXXX.XXX 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 lawfid 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 XXXXXX XX. 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 Lt a s iN'bl 481 E, , EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorised to use and uses the federal work authorisation program commonly known as E -Verb, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O. C. G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorisation 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 authorisation user identification number and date of authorisation are as follows. Federal Work Authorisation User Identification Number Date ofAuthorLation 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 Authorifed Officer or Agent Printed Name and Title of Authorised Officer or Agent SUBSCRIBED AND SIVORN BEFORE ME ON THIS THE DAY OF 201 Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City has registered with, is authorised to use and uses the federal work authorisation 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 fonvard 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 fonvard, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorisation user identification number and date of authorisation are as follows: Federal Work Authorisation User Identification Date of Authorisation Name of Subcontractor Name of Project Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in Signature of Authorised 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 [NOTARY SEAL] (city), (state). 50 EXHIBIT "I" [RESERVED] EXHIBIT " J" KEYPERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT VII' 51 SPORTS FIELD PROJECTS BILL BADGETT STADIUM PRACTICE FIELD RENOVATIONS City of College Park Owner Keith James, Director of Recreation 404-669-3767 kjames@collegeparkga.com 3667 Main St. College Park, GA 30337 3636 College Street Site Address College Park, GA 30337 Contract Amount: $49,900.00 Start Date: March 2012 Completion Date: April 2012 Striping, scarifying and plowing ground of existing field, root zone, laser grading, installation of irrigation system including 500' mainline to source, controller and complete system and installation of sod. BIRMINGHAM FALLS ELEMENTARY SCHOOL & COGBURN WOODS ELEMENTARY SCHOOL FIELD RENOVATIONS City of Milton Owner 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Tom, Gilliam, Recreation Program Director 678-242-2519 Tom.Gilliam n,cityofmiltonga.us Birmingham Falls Elementary School Site Address 14865 Binningham Hwy. Milton, GA 30004 Cogburn Woods Elementary School 13080 Cogburn Road Milton, GA 30004 Contract Amount: $199,990.00 Start Date: June 2012 Completion Date: July 2012 Striping, scarifying and plowing ground of existing field, root zone, Iaser grading, installation of irrigation system including controller and complete system and installation of sod. BURNT HICKORY PARK RECREATION FIELD Paulding County Board of Commissioners Owner Bruce Coyle, County Engineer 404-925-7226 bcoyle(r�paulding.gov 240 Constitution Blvd. Dallas, Georgia 3.0132 Carlton Rakestraw & Associates Planner/Engineer/Architect Will Rakestraw 770-443-2200 wrakesgaw@crasui-veying.com 203 Charles Hardy Parkway Dallas, Georgia 30157 Contract Amount: $276,052.50 State Date: August 2013 Completion Date: December 2013 Construction of recreation field on approximately four acres consisting of grading, modular retaining wall design/construction, concrete sidewalks, irrigation, NPDES permitting and monitoring and grassing. CLARKDALE ELEMENTARY REPLACEMENT SCHOOL Job Site: 4605 Ewing Road, Austell, GA 30106 Cobb County School District Owner Larry Wall 770-590-4518 larry.wall@cobb.kl2.ga.us cobb.kl2.ga.us 440 Glover Street Marietta, GA 30060 Carroll Daniel Construction Company General Contractor Ashley Haynes, Project Manager 770-757-2741 ahaynes@carrolidaniel.com PO Box 1438 Fax: 770-534-3799 Gainesville, GA 30503 Breedlove Land Planning, Inc. Architect Robert Kerr 770-483-1173 Landscape Architect Fax: 770-483-1229 510 McDaniel Mill Road Conyers, GA 30012 Contract Amount: $420,246.00 Start Date: April 2011 Completion Date: May 2012 Installation of landscaping, seeding, sod, irrigation system, pump station, underground cistern, bio retention, construction of one multipurpose field and two soccer fields including root zone, laser grading and field maintenance. E. T. BOOTH MIDDLE REPLACEMENT SCHOOL Cherokee County Board of Education Owner Steve Werner, Construction Supervisor 770-4794268 ext 8450 Steve. Werner@cherokee.k I 2.ga.us 6550 Putnam Ford Drive Site Address Woodstock, GA 30189 Manhattan Construction Company General Contractor Neil Dostie, Operations Manager 404-260-4926 NDostie@manhattanconstrLiction.com manhattanconstruction.com 5871 Glenridge Drive, Suite 300 Atlanta, Georgia 30329 Manley Spangler Smith Architects Architect of Record W. Waldon Smith, Jr. 770-227-5473 525 East Taylor St., P.O. Box 880 Griffin, GA 30224 Contract Amount: $327,809.00 Start Date: November 2011 Completion Date: May 2014 Installation of landscaping, laser grade, root zone soil mix, tilling, installation of irrigation system and sod HARRISON HIGH SCHOOL ADDITIONS AND MODIFICATIONS Job Site: 4500 Due West Road, Kennesaw, GA 30152 Cobb County School District Owner Larry Wall 770-590-4518 larry.wall@cobb.kl2.ga.us 440 Glover Street Marietta, GA 30060 Swofford Construction, Inc. General Contractor Joe Tuggle, Vice President 678-945-8988 jtuggle@swoffordconstruction.com 6630 Oak Ridge Commerce Way Fax: 678-945-8989 Austell, Georgia 30168 BRH Architects -Engineers, Inc. Architect Rex Clay Lewis 770-933-9242 2727 Paces Ferry Road, Fax: 770-933-9246 Building One, Suite 1800 Atlanta, Georgia 30337 Contract Amount: $420,246.00 Start Date: April 2011 Completion Date: May 2012 Installation of landscaping, seeding, laser grading, root zone soil mix, tilling, installation of irrigation system and sod JOHNS CREEK 2012 CLUSTER GROUP 04 Fulton County Board of Education Owner Doug Armstrong 770-330-4258 Carroll Daniel Construction Company General Contractor Ashley Haynes, Project Manager 770-757-2741 carrolldaniel.com ahaynes@carrolldaniel.com Marietta, GA 30060 PO Box 1438 Fax: 770-534-3799 Gainesville, GA 30503 Ashley Haynes, Project Manager Breedlove Land Planning, Inc. Architect Robert Kerr 770-483-1173 Landscape Architect Fax: 770-483-1229 510 McDaniel Mill Road Breedlove Land Planning, Inc. Conyers, GA 30012 Robert Kerr Contract Amount: $420,246.00 Landscape Architect Start Date: April 2011 510 McDaniel Mill Road Completion Date: May 2012 Conyers, GA 30012 Installation of landscaping, seeding, sod, irrigation system, pump station, underground cistern, bio retention, construction of one multipurpose field and two soccer fields including root zone, laser grading and field maintenance SMYRNA AREA REPLACEMENT ELEMENTARY SCHOOL Job Site: 1099 Fleming Street, Smyrna, Georgia 30080 Cobb County School District Owner Larry Wall 770-590-4518 larry.wall@cobb.k I 2.ga.us 440 Glover Street Marietta, GA 30060 Carroll Daniel Construction Company General Contractor Ashley Haynes, Project Manager 770-757-2741 carrolldaniel.com ahaynes@carrolldaniel.com PO Box 1438 Fax: 770-5)4-3 799 Gainesville, GA 30503 Breedlove Land Planning, Inc. Architect Robert Kerr 770-483-1173 Landscape Architect Fax: 770-483-1229 510 McDaniel Mill Road Conyers, GA 30012 Contract Amount: $278,810.00 Start Date: August 2012 Completion Date: March 2013 Installation of landscaping, sod, irrigation system, root zone soil mix, laser grading. TEASLEY MIDDLE REPLACEMENT SCHOOL Cherokee County Board of Education Owner Steve Werner, Construction Supervisor 770-479-4268 ext 8450 Steve.Wemer@cherokee.kl2.ga.us cherokee.kl2.ga.us 706-835-5104 150 Reservoir Drive Site Address Canton, GA 30114 Site Address Choate Construction Company General Contractor John McCormick, Superintendent 770-900-0349 JMccormick@choateco.com General Contractor 8200 Roberts Drive, Suite 600 706-886-3010 Atlanta, Georgia 30350-4147 Manley Spangler Smith Architects Architect of Record Don L. Carter 770-227-5473 525 East Taylor St., P.O. Box 880 Architect of Record Griffin, GA 30224 770-819-7777 Contract Amount: $263,170.00 Start Date: October 2013 Completion Date: April 2014 Installation of landscaping, Laser grade, root zone soil mix, tilling, installation of irrigation system and sod UNION COUNTY HIGH SCHOOL ATHLETIC FIELDS Union County Board of Education Owner Keith Ledford Owner Representative 10 Hughes Street 706-835-5104 Blairsville, Georgia 30512 Union County High School Site Address 604 Panther Circle Blairsville, GA 30512 Bowen & Watson, Inc. General Contractor Neal Williams, Project Superintendent 706-886-3010 nealwilliams@bowen-watson.com bowen-watson.com P. O. Box 877 Toccoa, Georgia 30577 Southern A & E Architect of Record Rebecca Reagan Kirk, Landscape Architect 770-819-7777 7951 Troon Circle Austell, Georgia 30168-7755 Contract Amount: $150,750.00 Projected Start Date: December 2009 Completion Date: November 2010 Construction of one baseball field and one softball field including root zone, laser grading and field maintenance and installation of irrigation system and landscaping. EXHIBIT "C" BONDS 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 thirty four thousand, six hundred seventy two dollars and thirty cents ($34,672.30), 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 Northwestern Middle School Practice Field Expansion, (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; acid 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 Attest: Title: 01__CGre� Date: Attest: Date: Tri By: 2015. Title:GSI ktlI cr;q (SEAL) FC Um Titl (ATTACH SURETY'S POWER OF ATTORNEY) ;AL) 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 thirty four thousand, six hundred seventy two dollars and thirty cents ($34,672.30), 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 1o1own as Northwestern Middle School Practice Field Expansion (hereinafter ret erred 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 liling of a Lien against the property of the City affected by the Contract, the Contractor's Suret} 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 52015. Tri Scapes, Inc. By: �C Title: PrPSlde��f C _(SEAL) (Signatures Continued on Next Page) Attest: Title: Date: Attest: Date: FCS Title: Attomey In Fact (SEAL,) (ATTACH SURETY'S POWER OF ATTORNEY) FCCIINSURANCE GROUP More than a policy=. A promise. GENERAL POWER OF ATTORNEY 10-023953 Know all men by these presents: That the FCC[ 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 sum 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 FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22ND day of Se tember 2011 . Attest: �4o,°,•: Craig hn n, President SEAL p? : Thorno 4. Koval Esq., EVP, Chielt Officer, FCCI nsur ce CompanyGov&Kment Affairs and Corporate Secretary :'44osry?;' 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 Notary Pubk,state o(Florde My Coram. EMp m Sept. 25, 2016 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 M commission expires: 9/25/2016 Notary Public. State ofiW4a '�------- Y P My Cann. Ekins 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, tNiieftegal Officer, Govolient Affairs and Corporate eZretary 1-IONA-3592-NA-04, 9/14 S�45ENSITIVp $y� 0 i DocuGard ,Y04546 contains a security pantograph, blue background, heat -sensitive ink, coin -reactive watermark, and microtext printing on border. OFsw'M NEAP 01,1.10 EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON T-ebaccls.kuI-; n , being first duly sworn, deposes and says that: (I j He is RPS I d Pitn4C 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 agents, rentatives, owners, employees, or parties in interest, including this affidavit. (6) P oioser has n it tly or indirectly violated O.C.G.A. § 36-91-21(d). cy- L �'b� re of Authorized Officer or Agent �e�ecccti i'�A-I�i'�y► {�r�s i deaf' Ct=a Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ILS DAY OF , 204���t�� oERS''��i�i `pN Nk3% Nota y is Z/ v m? SEAL) My Commission Expires 7-1 1' I G r`•;� pv0 ,��;,`�: Date '�� �'j(�'••....;!v;�.••'�\��•�• i v � ���i4ROKEE Q\0�� 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. EEV / Ba is Pilot Progr rti yer Identification Number 61,4. BY: Authorized Officer or Agent Date Tri Scapes, Inc. J �Tide,��- I C Title of Authorized Officer or Agent of Contractor keLg Ccc'.' k(A)-41 n Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE D-DAY OF /u ����t��!i��iii,. , 2015 1 If/ ��. ��CPIRFS'••�• 6 � � Nota y PulAic My Commission Ere ���C',i po `��```�. �jk 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: 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 under oath deposes and says that he is of the firm of Tri Scapes, 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 R CERTIFICATE OF LIABILITY INSURANCE . 1%- ` --� DATE (MM/DD/Y 5/11/20155 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PointeNorth Insurance Group, LLC PO Box 724728 Atlanta GA 31139 CONTACT Angie Ferguson NAME: g g PHONEA No, (770) 858-7540 AIC No: (770)858-7545 77 E-MAIL ADDRESS: afergu son@ pointenorthins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERAAssociation 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: INSURER F: 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. 1NSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS -MADE x OCCUR X Y GA0000103106 2/1/2014 2/1/2015 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY LIMIT (Ea aBINEDtSINGLE $ 1,000,000 B ANY AUTO BODILY INJURY (Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS X Y PGA0000030032 2/1/2014 2/1/2015 BODILY INJURY Per accident $ ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ 11 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE AGGREGATE S 5,000,000 DED I X I RETENTION$ 10,00 $ X Y UPGA25024 2/1/2019 2/1/2015 C WORKERS COMPENSATION y X I WC STATU- OTH- T TER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 1:1 (Mandatory in NH) NIA TWC3423466 /1/2014 /1/2015 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS below A INLAND MARINE M4PGA0000103106 2/1/2014 2/1/2015 LEASED/RENTED $250,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Northwestern Middle School Practice Field Expansion _ ,-r-m i irYliH i C n%iL_ r_m UANULLLA I IUN City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 AI.UKU d* (LU'IU/Ub) INSn25 oninnai m 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 lliam Skeeles/FN2 /-Oy ©1988-2010 ACORD CORPORATION. All rights reserved. The A(`(1141`71 name nnA Innn arc rcnictorcrl mnrkc of Ar`(11411 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 I — 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 (GVW) 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 (GVW) 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 III — 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. f. 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: 8. 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 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated 0 Endorsement Effective 7/1/2014 Policy No. TWC3423466 Endorsement No. WC000313 Insured Tri Scapes, Inc Premium $ 49051 Insurance Company Technology Insurance Company N O 'p Countersigned by 99 M N N 01983 National Council on Compensation Insurance. CG -500 (7-13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER ENDORSEMENT This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 1- 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 111- 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 180th 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 injury" arising 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 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. 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 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 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 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. 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) (G) 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 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 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 NOME OF ' )Ntt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Northwestern Middle School Baseball/Softball Field Renovation. MEETING DATE: Monday, June 1, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (j NO CITY ATTORNEY REVIEW REQUIRED: J(YES (j NO APPROVAL BY CITY ATTORNEY (APPROVED (} NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS QA ©You= PHONE: 678.242,2500 j FAX: 678.242.2499 intoftityofmiltonga,us I www.cifyofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Miltor GA 30004 - Green`` Community C: rzlfi *d y tap tV C.,ty of Ethic: �j) 04— U_► 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 June 1, 2015 Regular Council Meeting Agenda Item: Consideration of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Northwestern Middle School Baseball/Softball Field Renovation ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the renovation of the Northwestern Middle School baseball/softball field. Executive Summary: On April 14, 2014, the City entered into a second IGA with the Fulton County Board of Education for the use of the baseball/softball field. Included in that IGA was the permission to renovate the field and create a Lacrosse field in the outfield. The continued growth in girls Lacrosse drove the requirement for additional field space. Last year an invitation to bid was released to the public and failed to produce a bid with an acceptable price. The scope of work was modified and an invitation to bid #15-PR02 was released to the public for 30 days which 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 $132,712.50 will be funded by a combination of two sources. Eagle Stix, our Girls Lacrosse partner has contributed $100,000.00 to the city to partially fund this project. The balance will be funded by available funds in the FY15 budget. The funds will come from the Northwestern Middle IGA Fields line item in the FY15 Capital Improvement budget. Page 2 of 2 Alternatives: The only alternative is to take no action, return the funds to Eagle Stix and not improve the field which would violate our agreement under the IGA with the School Board. This action could result in the loss of the field space at Northwestern Middle School. Legal Review: Paul Higbee – Jarrard & Davis (May 8, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Construction Services Agreement Contract HOME OF -, :' :SF ;. FQ;zGiA' M'T '-- 7t ON'%� ESTABI.ISFIED 2006 CONSTRUCTION SERVICES AGREEMENT FOR Northwestern Middle School Field Renovation This Agreement (the "Agreement") to provide renovation of the existing baseball/softball 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"), 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 Northwestern Middle School Field Renovation, and WHEREAS, based upon Contractor's bid to renovate the existing baseball/softball field 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 (51 Pages), attached hereto as Exhibit "A"; C. Bid from Contractor dated May 5, 2015 (21 Pages), attached hereto as Exhibit «B". D. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D", F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Final Affidavit, attached hereto as Exhibit "G", 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 modification to an existing baseball and softball field into a baseball and softball field with a lacrosse field in the outfield. 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. 2 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $132,712.50 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 Chanes 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 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 11 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 Ra-." i i 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. no 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. 7 (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, 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 Coverajze: 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 Page: 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 "F" 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 years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit 11 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, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees 12 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. 13 Section S Covenants of the City 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 presentative 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. 14 B. 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. C. 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. D. 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: 15 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: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Parkway, Suite 204 — 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. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section IV(R) in every subcontract for services contemplated under this Agreement. mi 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] 17 SIGNED ALED. AND DELIVERED In the pres ce of: Witness (Corporate Secretary should attest) G,"MYN (Nkr'ho Print Name Notary111111►11t." CHAMeF 9 • 01, My r -o M tsWon.F.Y.pirei G �= PURI\ b • O C®ll�� 00°°40 "®BmC3p W" SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Tri Sels. Inc. Sighdture VQbec c (, &L&r+i n Print Name -F'e6 d e,4 ICF, Title [AFFIX CORPORATE SEAL] MILTON CITY COUNCIL: Joe Lockwood, Mayor 18 [CITY SEAL] EXHIBIT "A" REQUEST FOR BID HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON-*t ESTABLISHED 2606 Bid Number: Project Name: 15-PR02 Northwestern Middle School Field Renovation Due Date and Time: City of Milton April 28, 2015 Number of Pages: 51 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: March 25, 2015 City of Milton Parks and Recreation Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 15-PR02 City of Milton Bidder E-mail Address: Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions• Deadline for Written Questions April 9, 2015, 5 pm Email questions to Honor Motes at honor.motes( cit7o miltonga.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 1 JPage 1 5-PR02 Ki i rl` : i'C NIIt Table of Contents Topic Page Invitation to Bid 3 Bidding Instructions (What must be submitted) 5 Insurance 8 Bond Requirements 10 Bid Form and Addenda Acknowledgement 12 Bid Bond 14 Qualifications Signature and Certification 17 Corporate Certificate 17 List of Subcontractors 18 Contractor Affidavit and Agreement (eVerify) 19 Bid Submittal Form 20 Disclosure Form 21 EPD Air Quality Rules 22 Schedule of Events 24 Sample Contract Agreement 25 2 1 P a g e I S -P1-,02 CITY OF MILTON Invitation to Bid: 15-PR02 The City of Milton is accepting sealed bids from qualified firms for the Northwestern Middle School Field Renovation in conformance with Title 36, Chapter 91, Article 2 of the Official Code of Georgia Annotated. All work will be done in accordance with the drawings and specifications issued herein. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. In order to be considered a qualified firm, bidders must be able to demonstrate successful completion of at least three (3) projects of similar scope within the last 5 years. Project details and contact information shall be submitted as part of the bid package. At a minimum provide project name, location, project description, cost of construction, date of construction, contact name and phone number or email address. The project is located at Northwestern Middle School 12805 Birmingham Highway, Milton, GA 30004. It consists of the remodeling of the existing diamond shaped, baseball and softball field into a diamond shaped baseball and softball field that will also have a 180' x 255' rectangular lacrosse field in the outfield. There is no pre-bid meeting to attend. The plans and specifications are available at http://l�yww.cityoiyiilion tt.or SII WIV S j�t� ,alas. If there are any questions or issues regarding access to the PDF plans, please contact: Honor Motes Procurement Manager honor. motes@cityofiniltonga. us Sealed bids will be received no later than 2:00 PM Local Time on April 28, 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 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number 15-PR02 and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor. motesCacityofmiltonga.us. Deadline for questions is April 9, 2015 at 5:00pm. 31Page 1 I I R 0 2 r11f1:rof) If, 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 16, 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. The failure of bidders to receive or acknowledge any Addendum shall not relieve them of any obligation under the bid. All Addenda shall become part of the contract documents. Please refer to Bid 15-PR02 Northwestern Middle School Field Renovation 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. 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. 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 seventy five (75) 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. 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 41Paf7e 1 5 - P R 0 2 N111.1�C,)N� y BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 12-13 3 Bid Bond (3 pages) 14-15-16 4 Qualification Signature and Certification 17 5 List of Subcontractors 18 6 Contractor Affidavit and Agreement (eVerify)- State Law 19 7 Bid Submittal Form 20 8 Disclosure Form 21 9 Qualification sheet listing a minimum of 3 projects of similar scope and references Use your own form INFORMATION AND INSTRUCTIONS A. The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary contractor for the Northwestern Middle School Field Renovation, 15-PR02 in accordance with the contract documents. B. Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request of the City for an interpretation or correction of any ambiguity, inconsistency or error therein which could be discovered by a bidder. The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations. C. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. D. The City reserves the right to cancel the contract in accordance with these specifications and the contract documents. E. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. F. All items to be bid FOB, Milton, Georgia, and must include all costs chargeable to the contractor executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The 51Page 1 5 - P R 0 2 l�1ilTC}N� Contractor shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City's tax-exempt status. G. A bidder may submit only one (1) bid response for each bid solicitation unless otherwise authorized by the contract documents. H. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers' number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. J. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. K. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. L. All successful bidders must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. M. All successful bidders must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If a successful bidder is not the manufacturer, all manufacturers' warranties must be passed through to the City. The bidder, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. N. The bidder is solely responsible for the fitting, assembly and installation of any item by the manufacturer's authorized or approved servicer or experienced worker utilizing 61Page 1 5 - P R 0 2 ,'art1 t� F() N1 workmanship of the highest caliber. The bidder must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. O. The bidder is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). P. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. Q. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. R. The contractor is responsible for all utilities, including but not limited to, the water used during this project in accordance with the plans and specifications incorporated herein. PERMITS AND LICENSES Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses"), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Contractor shall file the Notice of Intent and serve as the primary permittee for the NPDES permit. Contractor shall be responsible for all record keeping, monitoring and corrective actions necessary to maintain compliance with that permit. Contractor is responsible for all fees associated with the NPDES permit. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the 7 1 P a g e 1 5 - P R 0 2 Contract Document, and shall form a binding Contract between the contracting parties. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 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. (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 8 1 P a o e 1 5 - P R 0 2 insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. 9 1 P a g e 1 5 - P R 0 2 rT k R )) N'4sr (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. 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). 101Page 15-PR02 COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. IIIPage 1 5 - P R 0 2 11(1.T( )N* [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PR02 Northwestern Middle School Field Renovation The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed by these contract documents, the project engineer or the City, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). Except as otherwise directed by these contract documents all materials used in completion of this project will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within seventy five (75) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new 121Page 1 5 - P R 0 2 completion date. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of , 20 Bidder Bidder Mailing Address: Signature: Print Name: Title: Company Name (Seal) 131Paaye 15-PR0? rhf(-FO N [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: Northwestern Middle School Field Renovation: 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 eal) Bidder's Name and Corporate Seal Bv: Signature and Title: Attest: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 141Page 1 5 - P R 0 2 NI 11:1 Oiii'"k 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. 15 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. 16 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE 1, , 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 17 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: 18 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Northwestern Middle School Field Renovation Name of Project City of Milton Name of Public Employer 19 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: [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Northwestern Middle School Field Renovation The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. The bidder hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Bid Price (Lump Sum) $ Print Dollar Amount Base bid includes all work described in the project description with the exception of the work described on drawing E1.0. Bid Alternate No. 1 - Addition of Conduit Work as Described on Drawing E1.0 Add $ /iII:10) 4 20111age [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: �EIeIC)iV�` 21 1 11 '*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 null it}�� 221Page A IM1", 0 lyiMO. SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: March 25, 2015 April 9, 2015 @ 5:00 PM *Submit via E -Mail to Honor Motes of Purchasing Office City of Milton Addendum (on or about) April 16, 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 28, 2015 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Tentative Contract Award (On/about) May 18, 2015 Notice to Proceed Issued (On/about) May 19, 2015 24 111 Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Construction Agreement (the "Agreement') is made and entered into this day of _,20 , by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City'), and XXXXXX, a with its principal place of business located at XXXXM (hereinafter referred to as the "Contractor') (collectively referred to herein as the "Parties'). WITNESSETH: WHEREAS, the City issued a Invitation to Bid, dated XXXXYYXXXXXX for services generally described as XXXXXXX,• 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 Contractor's bid in response to the Invitation to Bid for , the City has selected Contractor as the successful proposer, and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the World with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work; and Contractor is aware that it must be licensed to do business in the State, of Georgia. NOW THEREFORE, the City and' Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A" (including the Project Specifications); C. Bid Documents from Contractor dated attached hereto as Exhibit "B D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit "C"; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D "; ML:f() k 251Pa�oc F. Final Affidavit, attached hereto as Exhibit "E "; G. Alien Employment affidavits attached hereto as Exhibits "F" and "G H. SAVE affidavit attached hereto as Exhibit "H"; J. Key Personnel, attached hereto as Exhibit "J"; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. 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'). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time A. Contract Duration Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within 365 calendar daysfrom the date of the City's issuance of a written Notice To Proceed. B: Liquidated Damages The City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss if the Contractor fails to complete the Project within the time set forth in this Section or as that time may be extended by change order. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Contractor fails to meet such deadline. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Lump Sum Liquidated Damages in the amount of $15, 000.00 if the project is not completed and operational by August 1, 2015. Section S. Contractor's Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both 26 1 P a g e Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall 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 Contraetorfrom 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 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. 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'Chanees A. "Change order- ".means a written modification of the Contract Documents, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this 271 Ila g e 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 law or regulation. B. Time is ofthe 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. 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 standardsof 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 World 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 perform the Work within the budgetary limitations established without disregarding sound i7AT l:(C)I'�y 28 1 P a <„ e principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E Citv's Reliance on the Tf ork 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 Workunder professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. K 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. I. ', , Responsibility of Contractor' and Indemnification of Cit 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 officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively `Liabilities'), which may be the result of wilfd, 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 !~ ! L: hC 7 l 291 P age Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be: performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way 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 diaration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1, 000, 000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1, 000, 000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liabilitv and Automobile Liability Covergge. (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 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) Acceptabilio� of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A: VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the 4 FOFOF)N , 311 P a g e 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 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. Employment of Unauthorized Aliens Prohibited (1) E- Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractorshall 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 -Verb') program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby 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.CG.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 "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 321 Pagye 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 Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.CG.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's compliance with the requirements of O.CG.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, ,in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s ) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.CG.A. § 50-36-1, the City must obtain a SAVEAffidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.CG.A. § 16-10-71), a form of which is attached hereto as Exhibit "H", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration 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 nA f I 33 1 P a e 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 ;Cityfor; examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, _materials,, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. 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 if Contractor wishes to keep such records confidential, Contractormust submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(x)(34) related thereto. Q. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to ��� I 1I 0N�' 341 P a g e 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 firrther agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Kev Personnel All of the individuals identified in Exhibit V" are necessaryfor the successful prosecution of the Work due to their unique expertise and depth and breadthof experience. There shall be no change in Contractor's Project Manager- or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. ,Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authoritv 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. U Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("Materials ") shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur 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. Right o Entry 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 terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. - ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third parties unless otherwiseinstructed by the City. iii. Provided that no damages ,are due to the City for Contractor's failure to perform in accordance with this 'Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 600 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. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement„ the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the �tll C) 361Pa`e 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 farm specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. <Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusiveremedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official.. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may bemodif ed or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and AssiF_ns. 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 he governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations; statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: Mr [ : I ()(x'91 371 P NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faih or official immunities. K Force Maieure. Neither the City nor Contractor shall be liable for their respective non -negligent or non-wi1tfid 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. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate 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 of any future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Partv 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. MiI;IC *r 38(Pa e CONTRACTOR: By: Attest: XKXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of- Witness fWitness Notary Public (signature) (print) [NOTARY SEAL] My Commission Expires: [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] hftlI:€t , 391Page Approved as to form: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: hal E 1:1 C)I ' 40 1 P a g e; EXHIBIT "A" [Insert Invitation to Bid] EXHIBIT "B" [Insert Bid Documents] i7j, MA, 411Pa�e EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal'), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of Dollars ($ ), I zvful 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 the of 20_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and 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 peifornnance of its obligations and undertakings under ail l:It) 42 111 g c this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of ,20 CONTRACTOR ("Principal') By: (signature) (print) Title: Attest: (signature) (print) Title: Date: [AFFIX CORPORATE SEAL] [SIGNATURES CONTINUE ON FOLLOWING PAGE] l 11:-I ( 43 1 P a ,; Attest: Title: Date: CONTRACTOR'S SURETY. Title: (signature) (print) (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) (SEAL) M 11: -10 44 1 P a g e PAYMENTBOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal'), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum Of Dollars ($ ), lawful money ofthe United States ofAmerica, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A"Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably 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 AtIIIC) 451I'a�c Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: By: (signature) (printed) Title: (SEAL) (signature) (printed) CONTRACTOR SURETY: By: (signature) (printed) Title: (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (printed) (SEAL) 71l 1 1I0N', 461I1aoe STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XXVXVXXXXX (the "Proposer') that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, 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, farm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the 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 ofAuthori.:ed Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 — Notary Public My Commission Expires Date (SEAL) 47 1 P a <-, e EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, 'hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XY)OLUXXX 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 XXXXXXXXX. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires EXHIBIT "F" STATE OF GEORGIA CITY OF MIL TON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.CG.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 -Verb, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O. C. G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal workauthorization 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, I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), 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 . Notaty Public [NOTARY SEAL] My Commission Expires: (state). htli:lC)i�!� 49 1 11 a oo e EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O.CG.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.CG.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification numberand date of authorization are as follows: Federal Work Authorization User Identification Number Date ofAuthorization Name of Subcontractor Name of Project Name of Public Employer 1 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] it411:F()N* 50 1 P a o e EXHIBIT "I" [RESERVED] EXHIBIT "J" KEYPERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT 511 P a g e HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' MILTON:'k ES"FABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 15-PR02 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(&cityofmilton2a.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 ADDENDUM #1 "j} ITB 15-PR02 — Addendum #1 Date ADDENDUM #1 ITB 15-PR02 IMPORTANT NOTICE ********DUE DATE EXTENDED******** New due date May 5, 2015, 2:00Pm Amendments: 1. Updated plans (dated 2/5/15) are attached at the following link: http✓/www.citvofmi/ton_ga.orgINWMSplans.pdf These plans replace those included in the original ITB posting on March 25, 2015 2. Revised schedule: Deadline for Additional Questions —April 22, 2015 Addendum #2 Issued (if necessary) — April 24, 2095 Bid Submittals Due — May 5, 2015 at 2:00 p.m. 3. Project Specifications are amended to include Section 32 3113 "Chain Link Fences and Gates" North Western Middle School Turf Replacement EXTERIOR IMPROVEMENTS 32 OnSite Project No. 13-003 Section: 32 3113 page 1 of 2 CHAIN LINK FENCES AND GATES ~ MI I_ l -ON ITB 15-PR02 — Addendum #I SECTION 32 3113 CHAIN LINK FENCES AND GATES PART 1 GENERAL 1.01 SECTION INCLUDES A. Fence framework, fabric, and accessories. B. Excavation for post bases; concrete foundation for posts. C. Manual gates and related hardware. 1.02 REFERENCE STANDARDS A. ASTM F668 - Standard Specification for Polyvinyl Chloride (PVC) and Other Organic Polymer -Coated Steel Chain -Link Fence Fabric; 2011. B. ASTM F1083 - Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated (Galvanized) Welded, for Fence Structures; 2010. C. CLFMI CLF 2445 - Product Manual; Chain Link Fence Manufacturers Institute; 1997. 1.03 SUBMITTALS A. See Section 01 3000 - Administrative Requirements, for submittal procedures. B. Product Data: Provide data on fabric, posts, accessories, fittings and hardware. C. Shop Drawings: Indicate plan layout, spacing of components, post foundation dimensions, hardware anchorage, and schedule of components. D. Manufacturer's Installation Instructions: Indicate installation requirements, post foundation anchor bolt templates, and other related items. PART 2 PRODUCTS 2.01 MATERIALS AND COMPONENTS A. Materials and Components: Conform to CLFMI Product Manual. B. Fabric Size: CLFMI Tennis Court service. C. Intermediate Posts: Type I round. D. Terminal, Corner, Rail, Brace, and Gate Posts: Type II round. 2.02 MATERIALS A. Posts, Rails, and Frames: ASTM F1083 Schedule 40 hot -dipped galvanized steel pipe, welded construction, minimum yield strength of 30 ksi. B. Concrete: Type specified in Section 03 3000. 2.03 COMPONENTS A. Line Posts: 1.9 inch diameter. B. Corner and Terminal Posts: 2.38 inch. C. Gate Posts: 3.5 inch diameter. D. Top and Brace Rail: 1.66 inch diameter, plain end, sleeve coupled. E. Gate Frame: 1.66 inch diameter for welded fabrication. F. Fabric: 1.75 inch diamond mesh interwoven wire, 9 gage, 0.1144 inch thick, top selvage twisted tight, bottom selvage twisted tight. G. Tie Wire: Aluminum alloy steel wire. 2.04 ACCESSORIES A. Caps: Cast steel galvanized; sized to post diameter, set screw retainer. B. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings; steel. C. Hardware for Double Swinging Gates: 180 degree hinges, 2 for gates up to 60 inches high, 3 for taller gates; drop bolt on inactive leaf engaging socket stop set in concrete, active leaf latched to inactive leaf preventing raising of drop bolt, padlock hasp; keepers to hold gate in fully open position. 2.05 FINISHES A. Components and Fabric: Vinyl coated over coating of 1.8 oz/sq ft galvanizing. B. Color(s): Black. END OF CHAIN LINK FENCES AND GATES "7 ITB I5-PR02 — Addendum # I Questions/Answers: 1. Drawings indicated new fencing to be installed, there is no fencing specification, please advise. Answer. See Item 3 above M I t O P V ITB I5-PR02 — Addendum # 1 i •GEORGIA' M1 LTON* D 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 15-PR02 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. motesA cityofm ilton2a. 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 ADDENDUM #2 i"� C1 ITB 15-PR02 —Addendum 42 Date ADDENDUM 92 ITB 15-PR02 Questions/Answers: 1. Is there a mandatory pre-bid meeting for this project Answer. No I' I. TO Ot ITB 15-PR02 —Addendum #2 EXHIBIT "B" BID FROM CONTRACTOR HOME OF'ih=iQLf.l3 rU 1:=.: G.; G3.;'it,CITY OF MILTON INVITATION TO BID EsrAnusttrn 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 15-PR02 Northwestern Middle School Field Renovation Due Date and Time: City of Milton April 28, 2015 Number of Pages: 51 Local Time: 2:00pm (Please print name and sign in ink) ISSUING DEPARTMENT INFORMATION Issue Date: March 25, 2015 City of Milton Parks and Recreation Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: svww.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Autho , zed Bidder gnatd�`ry:. - Bid Number: 15-PR02 City of Milton 1595 Peachtree Parkway, Suite 204-396 Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions• Deadline for Written Questions April 9, 2015, 5 pm Email questions to Honor Motes at (Please print name and sign in ink) hon or. motes(U;Cit Qfnd1ton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Autho , zed Bidder gnatd�`ry:. - Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 u Cumming, Georgia 30041 (Please print name and sign in ink) Rebecca Martin, President 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 MUST RETURN THIS COVER SHEET WITH BID RESPONSE l�i5-I'R0 Table of Contents Topic Page Invitation to Bid 3 Bidding Instructions (What must be submitted) 5 Insurance 8 Bond Requirements 10 Bid Form and Addenda Acknowledgement 12 Bid Bond 14 Qualifications Signature and Certification 17 Corporate Certificate 17 List of Subcontractors 18 Contractor Affidavit and Agreement (eVerify) 19 Bid Submittal Form 20 Disclosure Form 21 EPD Air Quality Rules 22 Schedule of Events 24 Sample Contract Agreement 25 21 , - CITY OF MILTON Invitation to Bid: 15-PR02 The City of Milton is accepting sealed bids from qualified firms for the Northwestern Middle School Field Renovation in conformance with Title 36, Chapter 91, Article 2 of the Official Code of Georgia Annotated. All work will be done in accordance with the drawings and specifications issued herein. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. In order to be considered a qualified firm, bidders must be able to demonstrate successful completion of at least three (3) projects of similar scope within the last 5 years. Project details and contact information shall be submitted as part of the bid package. At a minimum provide project name, location, project description, cost of construction, date of construction, contact name and phone number or email address. The project is located at Northwestern Middle School 12805 Birmingham Highway, Milton, GA 30004. It consists of the remodeling of the existing diamond shaped, baseball and softball field into a diamond shaped baseball and softball field that will also have a 180' x 255' rectangular lacrosse field in the outfield. There is no pre-bid meeting to attend. The plans and specifications are available at http://1vit, 11'.citro inilton.-ft.org/Nf V11S plans.pt/f, If there are any questions or issues regarding access to the PDF plans, please contact: Honor Motes Procurement Manager honor. motes cr cityofmiltonga.us Sealed bids will be received no later than 2:00 PM Local Time on April 28, 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 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. 311°.��,. 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 16, 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. The failure of bidders to receive or acknowledge any Addendum shall not relieve them of any obligation under the bid. All Addenda shall become part of the contract documents. Please refer to Bid 15-PR02 Northwestern Middle School Field Renovation 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. 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. 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 seventy five (75) 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. 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 411 L i 1'E;,I BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 12-13 3 Bid Bond (3 pages) 14-15-16 4 Qualification Signature and Certification 17 5 List of Subcontractors 18 6 Contractor Affidavit and Agreement (eVerify)- State Law 19 7 Bid Submittal Form 20 8 Disclosure Form 21 9 Qualification sheet listing a minimum of 3 projects of similar scope and references Use your own form INFORMATION AND INSTRUCTIONS A. The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary contractor for the Northwestern Middle School Field Renovation, 15-PR02 in accordance with the contract documents. B. Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request of the City for an interpretation or correction of any ambiguity, inconsistency or error therein which could be discovered by a bidder. The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations. C. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. D. The City reserves the right to cancel the contract in accordance with these specifications and the contract documents. E. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. F. All items to be bid FOB, Milton, Georgia, and must include all costs chargeable to the contractor executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The 5�('a���� i1i1�� 1 Contractor shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City's tax-exempt status. G. A bidder may submit only one (1) bid response for each bid solicitation unless otherwise authorized by the contract documents. H. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers' number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. J. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. K. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. L. All successful bidders must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. M. All successful bidders must assume full responsibility for providing or ensuring warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If a successful bidder is not the manufacturer, all manufacturers' warranties must be passed through to the City. The bidder, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. N. The bidder is solely responsible for the fitting, assembly and installation of any item by the manufacturer's authorized or approved servicer or experienced worker utilizing 6�[' tiii Iia\ , workmanship of the highest caliber. The bidder must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. O. The bidder is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). P. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. Q. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. R. The contractor is responsible for all utilities, including but not limited to, the water used during this project in accordance with the plans and specifications incorporated herein. PERMITS AND LICENSES Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses"), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Contractor shall file the Notice of Intent and serve as the primary permittee for the NPDES permit. Contractor shall be responsible for all record keeping, monitoring and corrective actions necessary to maintain compliance with that permit. Contractor is responsible for all fees associated with the NPDES permit. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 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. (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 81111ue 1-I'R021 insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. 91Pa�r (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 Pam: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). 1011' 1'1\'02 COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 15-PR02 Northwestern Middle School Field Renovation The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed by these contract documents, the project engineer or the City, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). Except as otherwise directed by these contract documents all materials used in completion of this project will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within seventy five (75) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new yt / ♦p 12 111 completion date. Attached hereto is an executed Bid Bond in the amount of Five percent of Dollars ($ (Five Percent of Amount Bid). total bid If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 1 2 Date viewed 04/15/15 05/05/15 Bidder further declares that the frill name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 5th day of May , 2015 Bidder Mailing Address: Tri Scapes, Inc. 1595 Peachtree Parkway Suite 204-396 Cumming, Georgia Bidder Tri Scapes, Inc Company Name 30041 Signature: Print Name: Rebecca Martin Title: President I CFO (Seal) 13f!' 1 11801 Ali i 1 1,0i\ [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Tri Scapes, Inc. 380 MULLINAX RD ALPHARETTA GA 30004 SURETY (Name and Address of Principal Place of Business): FCCI Insurance Company 6300 University Pkwy, Sarasota FL 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: 4/28/2015 Northwestern Middle School Field Renovation: BOND BOND NUMBER: DATE (Not later that Bid due date): 4/17/2015 PENAL SUM: Five Percent of laid 5% (Words) (Figures) 1N 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 Scapes, Inc. (Seal) FCCI Insurancepmpany (Seal) Bidders N arae and Seal Surety' at and Co orate SealZZ A'Orate By: , d�.� By: Signature and Title:—r Signah re an Title: AftofFney In Fact (Attach Power of Att(mey) Attest: 6ritle: Attest: Signature an y Signature Title: Accann Manger 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. 141Pagc I5-PP,02 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. 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. 15 10. This Bond is intended to confonn 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 tern "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. a 10-020933 INSURANCE GROUP 'vtore than a policy. Apromise. 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 -:n -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act anti deed in all bonds and unde!#akings 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 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 tc which it is attached. In witness whereof, the FCC; Insurance Company has caused these presenjs to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22ND day of \September 2011 . Attest: �I L222 _ Craiq-, hn�6n, President ;�v' lJ `1l Thoma A. Koval Esq., EVP, ChPei-T_ ogal Cfflcw FC!nsur ce Company Gov cmient Affairs and Corporate Serreta,y CI 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. p� My commission expires: 9125/2016 tiny state 6 NO. EE 213092 Notary Public State of Florida County of Sarasota Before me this day personalty appeared Thomas A. Koval. Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. ARC.EM@itlo Illy commission expires: 9/25/2016 � a Eiq�kftSSepof �Fl 2026 1� No. EE 213092 Notary Public CERTIFICATE 1, 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. ^1Dated this day of at, Esq., EVP, Legal Officer, Affairs and Corporate retary 1-10NA-3592-Nq-04. 8704 r�55EtI5tTlVr; Sh` �O DocuGard �r04546 contains a securitypantograph, blue background, heat -sensitive ink. coin -reactive „aterrnark, and nnctotext printing on border. Oyj'I"ttcnTp 40� [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, includi g but not li -ited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. ha e not been i l ted and will not be violated in any respect. Authorized Signature itr v Date OS/05/15 u Print/Type Name Rebecca Martin Print/Type Company Name Here Tri Scapes , Inc. CORPORATE CERTIFICATE 1, 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 I CFO 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 5th - day of May , 20 15 (Seal) (Signature) 17 [BIDDERS MUST RETURN THIS SHEET 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. 18 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 123689 I hereby declare under penalty of perjury that the eVerify Number foregoing is true and correct. Execute on April 28 2015 incl-119(clty), 6/2/08 GA tate). Date of Authorization i Tri Scapes, Inc. Name of Contractor Signature of Authorized Officer or Agent Northwestern Middle School Field Renovation Rebecca Martin, President CFO Name of Project Printed Name and Title of Authorized Officer or Agent City of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 5th DAY OF May 2015. NOT �TsAJ 6*A rd/fo ;may ... R Ll a Mnlission Y. x e� ,e COV , e ��tlft11ti410 19 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Northwestern Middle School Field Renovation The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. The bidder hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Bid Price (Lump Sum) $ 132,712.50 Print Dollar Amount One hundred thirty-two thousand, seven hundred twelve and 50/100 ------------dollars Base bid includes all work described in the project description with the exception of the work described on drawing El .0. Bid Alternate No. 1 - Addition of Conduit Work as Described on Drawing E1.0 Add $ S,300.00 ,\I I l 1�0N'�' 20 1 P a g c [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Tri Scapes , 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. AmountNalue 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 ,V. I 110N't" 21111 zi �r ***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 22 0 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: March 25, 2015 April 9, 2015 @ 5:00 PM *Submit via E -Mail to Honor Motes of Purchasing Office City of Milton Addendum (on or about) April 16, 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 28, 2015 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -10717 Milton, Ga. 30004 Tentative Contract Award (On/about) May 18, 2015 Notice to Proceed Issued (On/about) May 19, 2015 1 ( )\ ' 241 !",i _ . Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Construction Agreement (the "Agreement') is made and entered into this day of ,20 , by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City'), and XXXXXX, a with its principal place of business located at KY—XKXXX (hereinafter referred to as the "Contractor') (collectively referred to herein as the "Parties'). WITNESSETH: WHEREAS, the City issued a Invitation to Bid, dated XXXXXXY—VXM,, for services generally described as XXXXXXX; and WHEREAS, the City finds that specialised knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid in response to the Invitation to Bid for ; the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarised itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions andfederal, 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 otherlvise below) are incorporated herein by reference and constitute the Contact Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A " (including the Project Specifications); C. Bid Documents from Contractor dated attached hereto as Exhibit "B "; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit "C "; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D "; 25 �' _ F. Final Affidavit, attached hereto as Exhibit "E "; G. Alien Employment affidavits 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 if properly 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'). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time A. Contract Duration Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within 365 calendar days from the date of the City's issuance of a written Notice To Proceed. B. Liquidated Damages The City and Contractor recognise that time is of the essence of this Agreement and that City will suffer financial loss if the Contractor fails to complete the Project within the time set forth in this Section or as that time may be extended by change order. The City and Contractor also recognife the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Contractor fails to meet such deadline. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City Lump Sum Liquidated Damages in the amount of $15,000.00 if the project is not completed and operational by August 1, 2015. Section 5. Contractor's Compensation, Time and Method of Payment The total amount paid tinder 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 fitel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both 26�a' 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 sawn attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the 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 (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 authorised hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. The City may withhold payment or final payment 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 of, construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognifed, 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 tinder 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 S50, 000. 00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise ofConti-actor 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 fill 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 Cit , 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 f rr•nished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound 281I principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. Citv'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 Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. K Assignment ofAgr•eement 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. Responsibility of Contractor and Indemni ication of City 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 officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter collectively "Liabilities'), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the i i' t 1 i1'r 29 1 i' ,i Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the lVork 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 Work is performed; the instrumentalities, tools, supplies andlor materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the [York; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way 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 authorifed, in advance and in writing, to do so, and then only for the limited purpose stated in such authorifation. 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 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 30 1 1 Employers Liability limits of 51,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to 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 authori_ed to do business in the State of Georgia and with an A.M. Bests'rating of no less than A: VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form 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 G,.� 31 f' 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 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 Employment of Unauthorifed Aliens Prohibited (1) E- Verify Affidavit It is the policy of City that unauthorised 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 -Verb) program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will perform work on the City contract to ensure that no unauthorised aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notari_-ed affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached 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 (S) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorised 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 �` 32 2w Agreement. The City Manager or his/her designee shall further be authorised to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthor%ed 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 unauthorised alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.CG.A. § 13-10-91 and Rule 300-10-1-.02. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractors ) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to 0.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), a form of which is attached hereto as Exhibit "H", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration 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 1171 77�1 33 2 with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherivise 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) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that 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 organisation, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorised disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Record's Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit 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. 0. 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 perforin the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorisations 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 farther agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Kev Personnel All of the individuals identified in Exhibit J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted Any substitutes shall be persons of comparable or superior 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 of performance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("Materials') shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. MeetinZs The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the 35 t' :� City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right ofEn The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. Citv's Representative ,)LKKMY shall be authorized to act on the City's behalf with respect to the Work as the Citv's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted) Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible 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 peform in accordance with this Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor's receipt of City's notice of termination. The City shall have no further liability to Contractor for such 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. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement„ the Contractor or its Surety will pay the difference to the City to finish the Project. C If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the I � T 36 1 P notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written 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.in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (I) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: ��. 37) _. NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 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 dirties 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; (ii) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. 1. HeadinpS. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself its assignees and successors in interest, will not discriminate 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 of any future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. 381 ,_ CONTRACTOR: By: Attest: XXXXXxXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: (signature) (print) [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] -><. 39 �, Approved as toform: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of.- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT "A" [Insert Invitation to Bid] EXHIBIT "B" (Insert Bid Documents] �'.1 41 f' l 11iY U31A-91ra PERFORMANCE BOND KNOW ALL 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 ($ ), lawf rl money of the United States ofAmerica, 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 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 f 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; others -vise to remain in full force and effect; 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 ,20 CONTRACTOR ("Principal") By: (signature) Title: Attest: (signature) [AFFIX CORPORATE SEAL] Title: Date: (print) [SIGNATURES CONTINUE ON FOLLOWING PAGE] (print) 7 777 , 431P:._ - Attest: (signature) (print) Title: Date: CONTRACTOR'S SURETY.• Title: (ATTACH SURETY'S P0WER OF ATTORNEY) (signature) (print) (SEAL) 44 `' PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal'), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum Of Dollars ($ ), lawful money of the United States ofAmerica, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter- referred to as the "CONTRACT'), for the construction of a project known as , (hereinafter referred to as "the PROJECT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant " shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity f rrnishing 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 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 45 1 [' ' 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 authorifed officers on this day of ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: By: Title: (signature) (printed) CONTRACTOR SURETY. ME Title: (signature) (printed) (ATTACH SURETY'S POWER OF.4TTORNEY) (signature) (printed) (SEAL) (signature) (printed) (SEAL) 3'�.r 46 STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLL USION AFFIDA VIT OF PRIME PROPOSER being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XXXXXX XXX (the "Proposer') that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this afdavit, 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 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 0.C.G.A. § 36-91-21(d). Signature ofAuthorized Officer or Agent Printed Name and Title of Authorifed Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 Notary Public My Commission Expires Date (SEAL) 4/'1 _ EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of 20 , and that there are no outstanding obligations or claims of any kind for 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 ) XVXXXM.. 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 48 EXHIBIT "F" STATE OF GEORGIA CITY OF MIL TON CONTRACTOR AFFIDA VIT 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 authori_ed to use and uses the federal work authorisation 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 authorisation 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 authori_ation user identification number and date of authorisation are as follows. Federal Work Authorifation User Identification Number Date ofAuthorifation Name of Contractor Name of Project Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201_ in (city), (state). Signature of Authorised Officer or Agent Printed Name and Title of Authori_-ed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 . Notary Public [NOTARY SEAL] My Commission Expires: 49 EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDA VIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O,C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for 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 authorization user identification number and date of authori_ation are as follows: Federal Work Authorisation User Identification Number Date of Authorization Name of Subcontractor Name of Project Name ofFublic Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in 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] (city), (state). 71 T zt 50 EXHIBIT "I" [RESERVED] EXHIBIT "J" KEY PERSONNEL [Insert Key Personnell END SAMPLE CONTRACT 51 . HOME OF `TH_ BES1 OU.' LiT`' CF LIFE ii a GE R is 1 ESTMfl.1 S H E D 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 15-PR02 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 cr,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 EMAIL y0DRElSS; IYan@tris�capes , com Signature ADDENDU #1 ITB 15-PR02 — Addendum # I 4/15/15 Date Send Result Report 19 KY01ERa MFP 04/15/2015 07:48 Firmware Version 2N42000.003,032 2014.01.16 [2N4_1000.002.0011 [2N4_1100.001.0021 [2N4_7000.003.0321 Job No.: 012494 Total Time: 0°01'16" Page: 002 �:.. �... i i. Document: doc01249420150415074326 HOME OF `THE BEST OUALITY CSF LIFE IN GEORGIA' MI L I UN% [STABUSHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDEJ NDUM #1 YTD Y 5-pRO2 Upon recoipt 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: llonQ r Motts, P urcbasang 0fiicc 13000 Deerfield PkNvy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.moteWcityofmiltonga.us Times Type Result Resolution/EGM 0°01'16" FAX OK 200x100 Normal/On [ L8H4201545 1 HOME OF 'THE BEST C'UALIT`i %A 1 17E ijN GEORG A' ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 15-PR02 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(iDcityofmiltonIZa.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 Sign ure ADD ND #2 FAX: 770-752-6792 .) ryan@triscapes.com I ITB 15-PR02 —Addendum #2 5/5/15 Date bend If Report 19 KSOCERa MFP :> •<..;;.:::> >..: 355-111,;.. :.. 05/05/2015 07:37 Firmware Version 2N42000.003.032 2014.01.16 [2N4_1000.002.0011 [2N4_1100.001.0021 [2N4_7000.003.0321 +C ' 2i�•Jsl�:4.Yfiif'JJ.�.S:v: �::vti:i5:v:: Sii:.:::Giiiii:{• isiii......................................... Job No.: 013795 Total Time: 0°00'34" Page: 001 Document: doc01379520150505073604 HOME OF 'THE BUT QUALITY OF LIFE IN GEORGIA' MILTON'lt ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM Q ITD 15-PRO2 Upon receipt of documents, please email, fax or mail this page to: No. Date and Time Destination 001 05/05/15 07:36 6782422499 City of Milton .Attu: H*aor Motes, Purchasing office 13000 Deerfield pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.motes(akityofmiltonaa.us Times Type Result 0°00'34" FAX OK Resolution/EGM 200x100 Normal/On 1 [ L8H4201545 1 . ! 4 SPORTS FIELD PROJECTS BILL BADGETT STADIUM PRACTICE FIELD RENOVATIONS City of College Park Owner Keith James, Director of Recreation 404-669-3767 kjames@collegeparkga.com collegeparkga.com 3667 Main St. College Park, GA 30337 3636 College Street Site Address College Park, GA 30337 Contract Amount: $49,900.00 Start Date: March 2012 Completion Date: April 2012 Striping, scarifying and plowing ground of existing field, root zone, laser grading, installation of irrigation system including 500' mainline to source, controller and complete system and installation of sod. BIRMINGHAM FALLS ELEMENTARY SCHOOL & COGBURN WOODS ELEMENTARY SCHOOL FIELD RENOVATIONS City of Milton Owner 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Tom, Gilliam, Recreation Program Director 678-242-2519 Tom.Gilliam@cityofiniltonga.us Birmingham Falls Elementary School Site Address 14865 Birmingham Hwy. Milton, GA 30004 Cogbum Woods Elementary School 13080 Cogburn Road Milton, GA 30004 Contract Amount: $199,990.00 Start Date: June 2012 Completion Date: July 2012 Striping, scarifying and plowing ground of existing field, root zone, laser grading, installation of irrigation system including controller and complete system and installation of sod. BURNT HICKORY PARK RECREATION FIELD Paulding County Board of Commissioners Owner Bruce Coyle, County Engineer 404-925-7226 bcgyle@pauldin.gov 240 Constitution Blvd. Dallas, Georgia 30132 Carlton Rakestraw & Associates Planner/Engineer/Architect Will Rakestraw 770-443-2200 wrakestraw� ,crasurveyiniz.com 203 Charles Hardy Parkway Dallas, Georgia 30157 Contract Amount: $276,052.50 State Date: August 2013 Completion Date: December 2013 Construction of recreation field on approximately four acres consisting of grading, modular retaining wall design/construction, concrete sidewalks, irrigation, NPDES permitting and monitoring and grassing. CLARKDALE ELEMENTARY REPLACEMENT SCHOOL Job Site: 4605 Ewing Road, Austell, GA 30106 Cobb County School District Owner Larry Wall 770-590-4518 larry.wall@cobb.kl2.ga.us 440 Glover Street Marietta, GA 30060 Carroll Daniel Construction Company General Contractor Ashley Haynes, Project Manager 770-757-2741 ahaynes@carrolidaniel.com PO Box 1438 Fax: 770-534-3799 Gainesville, GA 30503 Breedlove Land Planning, Inc. Architect Robert Kerr 770-483-1173 Landscape Architect Fax: 770-483-1229 510 McDaniel Mill Road Conyers, GA 30012 Contract Amount: $420,246.00 Start Date: April 2011 Completion Date: May 2012 Installation of landscaping, seeding, sod, irrigation system, pump station, underground cistern, bio retention, construction of one multipurpose field and two soccer fields including root zone, laser grading and field maintenance. E. T. BOOTH MIDDLE REPLACEMENT SCHOOL Cherokee County Board of Education Owner Steve Werner, Construction Supervisor 770-479-4268 ext 8450 Steve.Wemer@cherokee.kl2.ga.us larry.wall@cobb.kl2.ga.us cobb.kl2.ga.us 6550 Putnam Ford Drive Site Address Woodstock, GA 30189 Marietta, GA 30060 Manhattan Construction Company General Contractor Neil Dostie, Operations Manager 404-260-4926 NDostie@manhattanconstruction.com jtuggle@swoffordconstruction.com swoffordconstruction.com 5871 Glenridge Drive, Suite 300 6630 Oak Ridge Commerce Way Atlanta, Georgia 30329 Austell, Georgia 30168 Manley Spangler Smith Architects Architect of Record W. Waldon Smith, Jr. 770-227-5473 525 East Taylor St., P.O. Box 880 2727 Paces Ferry Road, Griffin, GA 30224 Building One, Suite 1800 Contract Amount: $327,809.00 Atlanta, Georgia 30337 Start Date: November 2011 Completion Date: May 2014 Installation of landscaping, laser grade, root zone soil mix, tilling, installation of irrigation system and sod HARRISON HIGH SCHOOL ADDITIONS AND MODIFICATIONS Job Site: 4500 Due West Road, Kennesaw, GA 30152 Cobb County School District Owner Larry Wail 770-590-4518 larry.wall@cobb.kl2.ga.us cobb.kl2.ga.us 440 GIover Street Marietta, GA 30060 Swofford Construction, Inc. General Contractor Joe Tuggle, Vice President 678-945-8988 jtuggle@swoffordconstruction.com swoffordconstruction.com 6630 Oak Ridge Commerce Way Fax: 678-945-8989 Austell, Georgia 30168 BRH Architects -Engineers, Inc. Architect Rex CIay Lewis 770-933-9242 2727 Paces Ferry Road, Fax: 770-933-9246 Building One, Suite 1800 Atlanta, Georgia 30337 Contract Amount: $420,246.00 Start Date: April 2011 Completion Date: May 2012 Installation of landscaping, seeding, laser grading, root zone soil mix, tilling, installation of irrigation system and sod JOHNS CREEK 2012 CLUSTER GROUP 04 Fulton County Board of Education Owner Doug Armstrong 770-330-4258 Carroll Daniel Construction Company General Contractor Ashley Haynes, Project Manager 770-757-2741 ahaynes@carrolldaniel.com carrolldaniel.com Marietta, GA 30060 PO Box 1438 Fax: 770-534-3799 Gainesville, GA 30503 Ashley Haynes, Project Manager Breedlove Land Planning, Inc. Architect Robert Kerr 770-483-1173 Landscape Architect Fax: 770-483-1229 510 McDaniel Mill Road Breedlove Land Planning, Inc. Conyers, GA 30012 Robert Kerr Contract Amount: $420,246.00 Landscape Architect Start Date: April 2011 510 McDaniel Mill Road Completion Date:. May 2012 Conyers, GA 30012 Installation of landscaping, seeding, sod, irrigation system, pump station, underground cistern, bio retention, construction of one multipurpose field and two soccer fields including root zone, laser grading and field maintenance SMYRNA AREA REPLACEMENT ELEMENTARY SCHOOL Job Site: 1099 Fleming Street, Smyrna, Georgia 30080 Cobb County School District Owner Larry Wall 770-590-4518 larry.wall@cobb.kl2,ga.us 440 Glover Street Marietta, GA 30060 Carroll Daniel Construction Company General Contractor Ashley Haynes, Project Manager 770-757-2741 ahaynes a carrolldaniel.com PO Box 1438 Fax: 770-534-3799 Gainesville, GA 30503 Breedlove Land Planning, Inc. Architect Robert Kerr 770-483-1173 Landscape Architect Fax: 770-483-1229 510 McDaniel Mill Road Conyers, GA 30012 Contract Amount: $278,810.00 Start Date: August 2012 Completion Date: March 2013 Installation of landscaping, sod, irrigation system, root zone soil mix, laser grading. TEASLEY MIDDLE REPLACEMENT SCHOOL Cherokee County Board of Education Owner Steve Werner, Construction Supervisor 770-4794268 ext 8450 Steve.Wemer@cherokee.kl2.ga.us cherokee.kl2.ga.us 706-835-5104 150 Reservoir Drive Site Address Canton, GA 30114 Site Address Choate Construction Company General Contractor John McCormick, Superintendent 770-900-0349 J Mccormick@choateco. corn General Contractor 8200 Roberts Drive, Suite 600 706-886-3010 Atlanta, Georgia 30350-4147 Manley Spangler Smith Architects Architect of Record Don L. Carter 770-227-5473 525 East Taylor St., P.O. Box 880 Architect of Record Griffin, GA 30224 770-819-7777 Contract Amount: $263,170.00 Start Date: October 2013 Completion Date: April 2014 Installation of landscaping, Laser grade, root zone soil mix, tilling, installation of irrigation system and sod UNION COUNTY HIGH SCHOOL ATHLETIC FIELDS Union County Board of Education Owner Keith Ledford Owner Representative 10 Hughes Street 706-835-5104 Blairsville, Georgia 30512 Union County High School Site Address 604 Panther Circle Blairsville, GA 30512 Bowen & Watson, Inc. General Contractor Neal Williams, Project Superintendent 706-886-3010 nealwilliams@bowen-watson.com P. O. Box 877 Toccoa, Georgia 30577 Southern A & E Architect of Record Rebecca Reagan Kirk, Landscape Architect 770-819-7777 7951 Troon Circle Austell, Georgia 30168-7755 Contract Amount: $150,750.00 Projected Start Date: December 2009 Completion Date: November 2010 Construction of one baseball field and one softball field including root zone, laser grading and field maintenance and installation of irrigation system and landscaping. EXHIBIT 66U BONDS PERFORMANCE BOND I1 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 one hundred thirty-two thousand, seven hundred twelve dollars and fifty cents (`:S 132,712.50), 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 Northwestern Middle School Field Renovations, (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. Illi WTI'NESS 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 1 Attest: n Title: 3eck-g+)y Date: Attest: Da e: Tri 2015. Title: C W (SEAL) F( Titl (ATTACH SURETY'S POWER OF ATTORNEY) 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 one hundred, thirty two thousand, seven hundred twelve dollars and fifty cents ($132,712.50), 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 Northwestern Middle School Field Renovation (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 frill 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. LOM Title: �Y,id�,n�- C r -O ____(SEAL) (Signatures Continued on Next Page) Attest: Title: Beef +etv . Date: FCCI Insurance Company L_ LE Titled/Attorney In Fact (SEAL) Attest: )) Date/ (ATTACH SURETY'S POWER OF ATTORNEY) FCCIINSURANCE GROUP More than a policy. A promise. GENERAL POWER OF ATTORNEY 10-023956 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 sum 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 FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 22ND day of Se tember 2011 . Attest: Crai hn n, President 5EAL {; Thom . Koval Esq., EVP, Chie Officer, FCCI nsur ce Company ,,,�, Gov ment Affairs and Corporate Secretary 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 NotwyPubk,SWeofFonde MY Comm. Ekins Sept. 25, 2016 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. ARL.ENE CUEMAN My commission expires: 9/25/2016 NotwyPubk,SWeofFlMd MY Comm. Ekins 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 r ent Affairs and Corporate e tart' SENSITIVE 3N 1 -ZONA -3592 -NA -04, 9/14 r� e 0 DocuGard ,104546 contains a security pantograph, blue background, heat -sensitive ink, coin -reactive watermark, and niicrotext printing on border. OS h"" MEAT �PSo�r EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON �2�'�GC� lh I'�1 ►'� , being first duly sworn, deposes and says that: (I)_�He is-PM111Idt,T / ( FL(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 agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has no0#9ctly or indirectly violated O.C.G.A. § 36-91-21(d). of Authorized -Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS 19k --t DAY OF j/� , 20 / `i Notary Ps Uic h1': .. + .0 "ColSPRY �: to — (SEAL) My Commission Exr -�/ -:. O 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. N13 f EEV / Bas'c/ Pilot Pro r Identification Number BY: Nut orized Officer r Agent Date Tri Scapes, Inc. t �e5 i cleM % (` t Title of Authorized Officer or Agent of Contractor T, C-L'Cuc.. /U0141y) Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE r2 tk DAY OFL� , 2015 v/ �%t/Ls--1���tttN Notary Nblic ���� J '"U ... S 00,� My Commission F�sy�oN�9F.v••bi���� I lir-iL =►v: ,SPRY d w �g 0 JUILt . ``��,9OKEE GO`\�. STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" 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 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: 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 under oath deposes and says that he is of the firm of Tri Scapes, 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 ACORff CERTIFICATE OF LIABILITY INSURANCE D/11/ 201IDDIY 5/11J5 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PointeNorth Insurance Group, LLC PO BOX 724728 Atlanta GA 31139 CONTACT Angie er NAME: gFerguson PHONE . (770)858-7540 FAX (770)856-7545 AIC No ADDRESS: gLisonafer @ ointenorthins.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERAAssociation Casualty Ins. A- 35629 INSURED Tri Scapes, Inc. QR Martin 1595 Peachtree Pkwy #204-396 Cumming GA 30041 IN SURERB:Columbia National Iris Co. A- 19640 INSURER C.Technology Insurance Co. A 42376 INSURER D: INSURER E : 1 INSURER F: 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/DDNYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS -MADE OCCUR X Y GA0000103106 2/1/2014 2/1/2015 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 17 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 B X ANY AUTO _ BODILY INJURY (Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS X Y PGA0000030032 2/1/2014 2/1/2015 BODILY INJURY (Per accident) S NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ X Y UPGA25024 2/1/2014 2/1/2015 C WORKERS COMPENSATION YX WC STATU- OTH- M T AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A C3423466 /1/2014 /1/2015 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS below A INLAND MARINE =4pGA0000103106 2/1/2014 2/1/2015 LEASED/RENTED $250,000 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Northwestern Middle School Field Renovation. CERTIFICATE HOLDER CANCELLATION City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 AUUKU 15 (20=5) INS025 /gmnns) m 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 liam Skeeles/FN2 tib-�ze� /-� _Z_)Z y ©1988-2010 ACORD CORPORATION. All rights reserved. Tho Ar t*)Pr1 nam= and Innn aro ronictor=rl mnrkc of Ar`r1R11 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 I — 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 11 — 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 II — 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 (GVW) 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. f. 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. a Endorsement Effective 7/1/2014 Policy No. TWC3423466 Endorsement No. WC000313 Insured Tri Scapes, Inc Premium $ 49051 Insurance Company Technology Insurance Company N O i 4 Countersigned by 00 to 1 N N 01983 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 1- 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 111- 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 180th 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 injury" arising 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 agreementwith 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 111- 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) (G) 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