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HomeMy WebLinkAboutAgenda Packet CC - 01/20/2016 - CITY COUNCIL MEETING PACKET 1-20-2016 Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Wednesday, January 20, 2016 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. 16-011) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 20, 2016 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the December 14, 2015 City Council Work Session Minutes. (Agenda Item No. 16-012) (Sudie Gordon, City Clerk) 2. Approval of the December 21, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 16-013) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Recommendations for the Fire Training Building. (Agenda Item No. 16-014) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Inspections Related to Site Preparation for City Hall. (Agenda Item No. 16-015) (Carter Lucas, Assistant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for Civil Design Related to the Fire Training Building. (Agenda Item No. 16-016) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Batesville Road Drainage and Shoulder Improvement Project. (Agenda Item No. 16-017) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 20, 2016 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. (Agenda Item No. 15-320) (Deferred at December 21, 2015 City Council Meeting to January 20, 2016) (Mayor Joe Lockwood) 11) NEW BUSINESS 1. Consideration of a Resolution Accepting the Resignation of City Manager Chris Lagerbloom. (Agenda Item No. 16-018) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution Appointing Steven Krokoff as Interim City Manager. (Agenda Item No. 16-019) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Communication & Engagement 5. Human Resources 6. Public Works 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-020) The minutes were provided electronically rx HOME OF ' LTOPr FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 11, 2016 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Recommendations Related to the Fire Training Building. MEETING DATE: Monday, January 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V) APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES (J NO CITY ATTORNEY REVIEW REQUIRED: (� YES (J NO APPROVAL BY CITY ATTORNEY APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 1 2 o t e REMARKS © You PHONE: 678.242.25001 FAX: 678.242.2499 0 Green v *Certified ; T4,100 1nfo@cltyofml1tonga.us I www.cityofmiltonga.us ��!� Community ethil" 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ffffA? I.-, To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on January 8, 2016 for the January 20, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Recommendations Related to the Fire Training Building ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide soil borings and geotechnical recommendations for the construction of the Fire Training facility (burn building) at Fire Station 43. These services were contracted as a professional service in accordance with the city’s standard procurement procedures. Funding and Fiscal Impact: Funding for this project is available in the Fire Department Capital Budget account entitled Live Fire Training Facility.. Alternatives: None. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (November 18, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOME OF'T Hf§TOlA VOFLIHNISM(MG1A' esrneusr�eo PROFESSIONAL SERVICES AGREEMENT FIRE TRAINING FACILITY This Agreement made and entered into this 1 rj day of _[,mon-Ia G�, in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004, and Universal Engineering Sciences, Inc. ("the Consultant"), having its principal place of business in Georgia at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services beginning on December 1, 2015 and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all services specified in Exhibit "A", attached hereto and incorporated herein by reference (the `'Work"). No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Suite 107F Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay the Consultant for the services performed and costs incurred by the Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to the Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement shall not, in any case, exceed a lump sum fee of $2,150 (the "Contract Price") for the Work described in Exhibit "A." rendered pursuant to this Agreement. The Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub - consultant may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge; or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants- All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimurn Limits of Insurance: The Consultant shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 combined single limit per occurrence with comprehensive coverage including but not limited to coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Best rating of no less than ANII. (6) Verification of Coverage: The Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by the Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the Further, the Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City's prior written consent_ 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant The Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the Iaws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement Agreement. Likewise, the Consultant's performance of services under this Agreement shall not subject the Consultant's individual employees, officers or directors to any personal liability. The parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against the Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits `B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and the Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify'") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, the Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 19.0 Authority to Contract The individual executing this Agreement on behalf of the Consultant 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 the Consultant to the terms of this Agreement, if applicable. 20.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Consultant ("materials") shall be the property- of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 22.0 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] Universal Eagine in cien s, Inc. sigt�r� Date r1 4/' �• �S /`� Print Name p f -C 5 Title (President or Vice President for Corporation) Attest: SignatureJ � CA ate����� 1 �� Print Name Title: Corpomic Scuetmy or Assistant C:otporttc Sucedlury Attest: Signature Date Print Name j1 C�k Title [AFFIX CORP a20 ,VORA1 "7 10 MILTON, GEORGIA: Joe Lockwood, Mayor Signature Date [CITY SEAL] EXHIBIT "A" SCOPE OF WORK Milton — Fire Burn Facility UES Proposal No. 1630.1115.00001 11/4Y2015 A professional engineer, registered in the State of Georgia, who has specialized in geotechnical engineering will direct and supervise our work. A report which describes our exploration and documents the subsurface conditions encountered will be provided for you. This report will include the following: 1. A brief discussion of our understanding of the planned construction and imposed loads. 2. A presentation of the field and laboratory test procedures used and the data obtained. 3. A presentation of the subsurface conditions including subsurface profiles, estimated seasonal high groundwater, and estimated geotechnical engineering properties (as necessary). 4. A geotechnical engineering evaluation of the site and subsurface conditions with respect to the planned construction. 5. Recommendations for foundation design and construction as well as our estimate of the performance of the foundation system. 6. Recommendations for pavement design parameters. 7. Recommendations for site preparation procedures. Based on the scope of the geotechnical exploration, the proposed laboratory testing, and the preliminary engineering services outlined above, we propose to complete the geotechnical exploration and engineering services for a lump sum fee of $2,150. We will contact you immediately if we encounter subsurface conditions which could require (1) the borings to be performed to deeper depths, (2) additional borings or other field testing, and/or (3) additional engineering analysis/evaluation and studies outside the scope of this proposal. UES will contact Georgia 811 to identify public utilities within the area and up to the appropriate meters. UES should be provided with all readily available project site information regarding underground utility or service lines, and buried structures. Our office cannot be held responsible for damage to buried service lines and/or structures that are not identified to our field personnel. We can initiate the field services within 5 to 7 days after receipt of written authorization to proceed with the field exploration complete in one day. We can provide preliminary verbal results as soon as the drilling has been completed in order to expedite the design process, upon request. The final geotechnical report should be available within four weeks after notice to proceed. u� EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: L 11 SCJ eVerify Number Date of Authorization Universal Engineering Sciences, Inc. Name of Contractor Fire Training Facility Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on—la ,j'] , 201.5 in h Pt (state). Signature of Authorized Officer or Agent ce 44 nv0;-Rc Manac,-,e-r Printed Nan& and Title of uthorized Officer or Agent SUBSCR1BJU IND SWORN BEFORE ME ON --THIS THE DAY" OF Jr 1 15�{} l'�����►n r u n rHp►►►" H 9 NOTARY PUBLIf'r`� • �r [NOTARi AL �eI�i Q '° ; �C 611 71P aC�IVTY MCo n�j� iA�l ireS.a,►+►�r,dullat.►01. HOME OF',HF ;TY ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 11, 2016 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Inspections Related to Site Preparation for City Hall. MEETING DATE: Monday, January 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: V YES () NO APPROVAL BY CITY ATTORNEY V APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 l 7-01(o REMARKS You( _. PHONE: 678.242.25001 FAX: 678.242.2499 Gre@n •" **Certified WILDLIFE Community opt u info@cityofmiltonga.us 1 www.cityofmilfonga.us y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on January 8, 2016 for the January 20, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Inspections Related to Site Preparation for City Hall ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide geotechnical inspections and testing services for the earthwork associated with the construction of City Hall. Universal Engineering Sciences has provided all of the borings and initial geotechnical recommendations for the site. These services were contracted as a professional service in accordance with the city’s standard procurement procedures. Funding and Fiscal Impact: Funding for this project is available in the Mayor & Council Capital Budget account entitled City Hall. Alternatives: None. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, LLP (November 18, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement FIOnl£OF11, 1E Oa% O7 AL'. OF HF_ 1N a"7FC3'AI MILT(. D N At MAR IIEOIL106 PROFESSIONAL SERVICES AGREEMENT CITY HALL GEOTECHNICAL INSPECTIONS This Agreement made and entered into this _LI day of Der mlae r , in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), a municipal corporation of the state of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004, and Universal Engineering Sciences, Inc. ("the Consultant"), having its principal place of business in Georgia at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071. WHEREAS, the City of Milton will require certain professional public works services beginning on January 1, 2016 and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all services specified in Exhibit "A", attached hereto and incorporated herein by reference (the "Work"). No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay the Consultant for the services performed and costs incurred by the Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to the Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement shall not, in any case, exceed a lump sum fee of $29,770.65 (the "Contract Price") for the Work described in Exhibit "A." 1 rendered pursuant to this Agreement. The Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub - consultant may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: The Consultant shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 combined single limit per occurrence with comprehensive coverage including but not limited to coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: The Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by the Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City's prior written consent. 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant The Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent 7 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and the Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, the Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where the Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an 9 general partners, limited partners or similar authorities to simultaneously execute and bind the Consultant to the terms of this Agreement, if applicable. 20.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 22.0 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 11 r Universal Engine is cien , Inc. slgQawre Date ff r Print Name pr -e5 ' &--, _ "Title (President or Vice President for Corporation) [AFFIX C' O KV • r' ' Wl�f,� Attest: t*� • • s��'�y, 1 �oO�A�fiFyn�s Signature ate s ; s TV Print Name �7��. ? �';.•' . �L} Lt 1� % �� 'ff�Il���*11IF HtO O� R o - - '�71 Title: Coriwata Secretary or Assi:itwit C:olpmddrecury MILTON, GEORGIA: Joe Lockwood, Mayor Signature Date Attest: Signature Date PriutName City _Cie Title [CITY SEAL] EXHIBIT "A" SCOPE OF WORK CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE UES, INC. - Atlanta, GA UES Proposal No. 1610.1115.00002 TECHNICIAN SERVICES 1. Engineering Technician for soil density testing and general concrete sampling/testing, per hour........................................................................... $40.00 2. Engineering Technician - Overtime - for soil density testing and general concrete sampling/testing, per hour...........................................................................$60.00 3. Certified Metals inspector, per hour.........................................................................................$85.00 4. Mileage ................................... ....... -7 ............................................$0.50 PROFESSIONAL SERVICES 1. Staff Professional / Field Engineer, per hour...........................................................................$75.00 2. Senior Professional Engineer, per hour.., ............ .............................................................. .... $95.00 3. Principal Engineer, P. E., per hour ...................... .................................... :............................. $120.00 4. CAD Drafting Services, per hour ................................................ . ......................... ............$45.00 5. Subcontract Services................................................................... ...... Cost +15% LABORATORY AND FIELD TESTING SERVICES 1. Standard Proctor Compaction Test, each ........................................ :....... ............. :.................. $95.00 2. Modified Proctor Compaction Test, each..............................................................................$105.00 3. Stone content correction for aggregate Proctor curves...........................................................$20.00 4. GAB Stone Gradation, each ................................................ ........................................ ............ $75.00 5. No. 200 Wash, each............................................................................ .$40.00 6. ............................... Grain Size Tests (With Wash 200 Sieve), each............................_._........$60.00 7. Grain Size Tests (With Hydrometer), each..............................................................................$90.00 8. Atterberg Limits Test, each ............................ .................................. ............ .. , .................... $60.00 9. Natural Moisture Content Test, each..........................................................................................$8.00 10. Compressive Strength of 6"x12' or 4"x8" concrete cylinders (Note E), each ............................ $8.00 11. Flexible Strength of Concrete Beams, each............................................................................$35.00 12. Compressive Strength of Concrete Core Samples, each ...................................... .................. $20.00 13. Specific Gravity/Density of Asphalt Cores, each.....................................................................$25.00 14. Extraction / Gradation, per test.............................................................................:_.,.:..:........$280.00 15. Grout and Mortar Samples, core and compressive strength, each .......................,...,......,..,....$10.00 16. ..................................... Nuclear Density Gauge rental, per day ................................... ............$40.00 17. Coring Equipment and Generator; per day ....................................................... ....................... $175.00 18. Bolt Torque Wrench and Skidmore, per hour .......... .................................................................. $5.00 19. Floor Flatness and Floor Levelness Equipment, per placement...........................................$850.00 20. R -Meter, per day......................................................................................................................$25.00 21. NPDES Monitoring, per month (includes 2 turbidity samples, one initially, and one at 90 days)................................................................ .........---.._... ...._....._.....................$900.00 22. Turbidity Sample, per sample.. ....................................... ---- ................................. ......... - $75.00 NOTES: A. Overtime rates will be 1.5 times the regular rate indicated for labor. B. Overtime includes all time in excess of 8 hours per day, 40 hours per week, Saturdays, Sundays and Holidays, prior to 6 A.M. or after 6 P.M. C. Minimum charge of 4 technician hours per trip. D. A 10% Administrative Fee will be added to each invoice, for review and typing of reports, and miscellaneous administrative functions. E. A $3.00 / cylinder surcharge will be added for cylinders made by others. EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: LA�761(0-�— eVerify Number Date ofAuthorization Universal Engineering Sciences, Inc. Name of Contractor City Hall Geotechnical Inspections Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. � Executed on la , k '7 20115 in Com,. R (state). St-mKire of Authorize3' iicer or Agent 8+cLce l 14unvt� Gg-\'LP- manAV-- Printed Naive and Title c Authorized Officer or Agent 6CRFBfPLa ND SWORN BEFORE ME ON S THE �� % DAY OF 2MVX-Do 15 •- T ••• PAR ••,'•. NOTARY PUBLIC +�.•`` { rF- '., [NOTARY SEAL] z_ My Coi m' i E es: :�� 4s�i712d�- HOME OF ' 'Ilk ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 11, 2016 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for Civil Site Design Related to the Fire Training Building. MEETING DATE: Monday, January 20, 2016 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 APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: DI 201(0 REMARKS ® Youl PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmIItonga.us I www.cityofmiitonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 (J NOT APPROVED () NO (JNO (J NOT APPROVED Green -�► Community ! Certified iop,lUo Ethiis �,, a', 06 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: Submitted on January 8, 2016 for the January 20, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Pond & Company for Civil Site Design Related to the Fire Training Building ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: This contract is to provide the civil site design drawings for the construction of the Fire Training facility (burn building) at Fire Station 43. These services were contracted as a professional service in accordance with the city’s standard procurement procedures. Funding and Fiscal Impact: Funding for this project is available in the Fire Department Capital Budget account entitled Live Fire Training Facility. Alternatives: None Legal Review: Molly Esswein – Jarrard & Davis, LLP (December 21, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOl ♦ L1FLT( ESTABLISHED 2" PROFESSIONAL SERVICES AGREEMENT FIRE TRAINING FACILITY CIVIL DESIGN This Agreement made and entered into this day of , in the year 2016, by and between The City of Milton, Georgia (hereinafter referred to as the "City"), a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, and having its principal place of business at 13000 Deerfield Parkway Suite 10717, Milton GA 30004, and Pond & Company ("the Consultant"), having its principal place of business in Georgia at 3500 Parkway Lane, Suite 600 Norcross, Georgia 30092. WITNESSETH THAT: WHEREAS, the City of Milton will require certain professional public works services beginning upon the issuance of a Notice to Proceed; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all services specified in Exhibit "A", attached hereto and incorporated herein by reference (the "Work"). No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Suite 107F Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay the. Consultant for the services per%rmed and costs incurred by the Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to the Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement shall not, in any case, exceed a lump sum fee of $5,960 (the "Contract Price") for the Work described in Exhibit "A." 1.3 The Consultan t shall take no calculated risk in the performance of the Work. Specifically, the Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of the Consultant's industry, the Consultant will give written notice thereof immediately to the City. IA The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5,000, must be approved by resolution of the Milton City Council, 2.0 Independent Contractor 2.1. The Consultant is an independent contractor. The Consultant is not an employee, agent ot• representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind thco er to any thud 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 Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants . and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Consultant shall bear- all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. The Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees and costs of defense, which may be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub - consultant may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement, 4.0 Insurance (1) Requirements: The Consultant. shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub - consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: The Consultant shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 (one :million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate with comprehensive coverage including but not limited to coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, . non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. �0 �Gl7 (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 per occurrence or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. 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 additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed'operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self- insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Consultant for the City. (c) All Coveraees. (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 (or 10 days if due to non-payment) by certified mail, return receipt requested, has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Policies shall have. concurrent. starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 3 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Best rating of no less than A:V1I. (6) Verification of Coveraee: The Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by the Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: The Consultant shall include all sub -consultants as insureds under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insureds. (8) Claims -Made Policies: The Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Citv as Additional Insured and Loss Payee• The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. 5.0 Term; Termination Time is of the essence of this Agreement. The parties agree that the Work must be completed within days of the City issuing a Notice to Proceed. The term of this Agreement shall be from the issuance of a Notice to Proceed and shall terminate absolutely and without further obligation on the part of the City on December 31, 2016, provided that this Agreement, absent written notice of non -renewal provided by the City to the Consultant at least five (5) days prior to December 31, 2016, shall automatically renew on January 1, 2017 and extend to the earlier of December 31, 2017, or the date the Work is completed as determined by the City in its sole discretion, at which time it shall terminate absolutely and without further obligation on the part of the City. The City may terminate this Agreement upon a breach of any provision of this Agreement by the Consultant and the Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to the Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. In the event the Agreement is terminated prior to completion, the Consultant's compensation shall be the Contract Price, as defined herein, less the cost to complete the Work as determined at the time of termination, 6.0 Compliance with All Laws and Licenses The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessary for the performance of the Work in connection with this Agreement. The Consultant shall comply with all applicable local, state and federal requirements, including all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. Further, the Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Consultant shall not assign, transfer any interest in, or subcontract the whole or any part of this Agreement without the City's prior express written consent. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of both parties. 9.0 Expertise of the Consultant The Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by the Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. 13,0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the party at the addresses given below, unless a substitute address shall first be furnished to the other party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Pond & Company 3500 Parkway Lane, Suite 600 Norcross, Georgia 30092 Wri: Bob Williams, PE 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, the Consultant's performance of services under this Agreement shall not subject the Consultant's individual employees, officers or directors to any personal liability. The parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against the Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that. unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Consultant shall. provide evidence on City -provided forms, attached hereto as Exhibits "B" and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and the Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "B", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, the Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10442 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, the Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where the Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where the Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where the Consultant or Consultant'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 Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. The Consultant agrees that the employee -number category designated below is applicable to the Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A,§ 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. The Consultant hereby agrees that, in the event the Consultant employs or contracts with any subcontractors) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, the 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, the Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 19.0 Authority to Contract The individual executing this Agreement on behalf of the Consultant 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 the Consultant to the terms of this Agreement, if applicable. 20.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Consultant ("Materials") shall be the property of the City and the City shall be entitled to full access and copies of all Materials. All copyrightable subject matter in all Materials is hereby assigned to the City and the Consultant agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 22.0 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. 23.0 Meetings The Consultant shall meet with City's personnel or designated representatives to resolve any contractual problems that may occur during the term of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWIN G PAGE] Pond & CoOmpany ✓I gnature �zZZ(1� Dat'en 1 r� l U,rni.7 J. L/STEZ..o�-� Print Name 17�, Vt/L Ti to (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] Attest: Of Si ature Date JC C ) W.rJ LJ clq$SI lD� Print Name Title: Corporate Secretary or Assistant Corporate Secretary MILTON, GEORGIA: Toe Lockwood, May Signature Date [CITY SEAL] Attest: Signature Date Print Name Citv Clerk Title L`AMD11 YYW}k SCOPE OF WORK The following scope of work is to be provided for the modular burn building to be constructed adjacent to Fire Station 43: Consnvction Documents a. The Consultant will prepare a construction drawing to include i. Civil Cover Sheet with Civil Notes, Legend and Abbreviations, ii. Existing conditions/demolition plan, iii. Dimensional site layout/staking plan, iv. Grading and drainage plan including storm drain profiles and calculations, v. Erosion and sedimentation control plan (1 -phase), vi. Civil Constructi on details. b. The Consultant will are a final stormwater management analysis and report to meet the City's requirements, as applicable; no offsite or downstream analysis is included. c. The Consultant will provide copies of the civil documents to the City of Milton for its submission of the Land Disturbance Permit (LDP) process. d. The Consultant will address LDP comments from the City staff where such comments address the Scope of Services (including but not limited to all documents prepared by the Consultant) outlined in this proposal. II. Conditions of Service a. The City will provide an AutoCAD file of the existing site/property survey for use in the preparation of civil documents; b. The City will provide a geotechnical report, to include pavement recommendations and infiltration results, if required, for permitting; c. The proposed development will not require lot consolidation, variances, waivers or rezoning; d. It is assumed that site disturbance will be less than 1 acre, so no NPDES related services are included; e. No site lighting, landscaping, signage or irrigation design is included; f. The proposed development will not require a traffic study, or any off-site improvements; g. The City will prepare project specifications and prepare the required bid documents; other than the Civil Pians; h. Other than power, no other utilities need to be brought to the site; i. Any required structural design (walls, footings, stair towers, etc.) will be by others; j. No environmental site assessments (ESA) of any type are included; k. No geotechnical investigations are included; 1, No tree surveys or recompense calculations/design are included; m. It is understood that the permitting process is beyond the control of the Consultant and that the governing jurisdiction(s) may or may not issue a permit for the proposed improvements, as currently conceived; n. Additional services not included: permitting, estimating, quantity take -offs, bidding, construction administration, as -built surveys, platting and certifications; o. Services not specifically included above, or material changes requested after professional services have commenced, will be considered additional/out of scope services and must be approved via contract change order in accordance with Section 1.0 of this Agreement. EXHIBIT "B" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF 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 1231 100 Date of Authorization Pond & Companv Name of Contractor Fire Trainine Facility Civil Desien Name of Project Citv of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. NpYOV&S Executed onDec , 22, 2015 in _(city), 6�(state). Sigratbre of Authorized Officer or Agent (�W mq neo Q -r Printed Name and TitleV Authorized Officer or Agent SUBSCRIBED�ID SWORN BEFORE ME ON THIS THE _Q� DA� OF �91WWIUd ,201_. AA KMA4+0m� OTARY PUBLIC NO NIWANA L RAY Notary Public, Georgia ' 1. = Cherokee County ComrnissExpireS My Commis EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA COUNTY OF By executing [his 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 Pond & Company 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 withthe 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 presentan affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Nwnber Date of Authorization Name of Subcontractor Fire Trainin Fg acility Civil Design Name of Project City of Milton Name of Public Employer I hereby declare ander penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state), Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2016 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Batesville Road Drainage and Shoulder Improvement Project. MEETING DATE: Monday, January 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: t 2p I (p REMARKS ® You jb ® ,r PHONE: 678.242.2500 FAX: 678.242.2499 �ree�t �° * Certified ; T°p pu ('ity of infoftityofmiltonga.us I www.cityofmiltonga.us �� Community $ Ethics jf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _""""' �.'g, To: Honorable Mayor and City Council Members From: Carter Lucas, Assistant City Manager James Seeba, Stormwater Engineer Date: Submitted on January 12, 2016 for the January 20, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Engineering303, LLC for the Batesville Road Drainage and Shoulder Improvement Project. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to provide engineering, surveying, and design services for a stormwater drainage and road shoulder improvement project located on Batesville Road just west of the Gables Run (subdivision entrance). The existing storm drain system in that area is not functioning properly and is causing erosion of the road shoulder. The City has received numerous complaints about this situation. In accordance with the city procurement procedures a price was negotiated with a qualified professional services (engineering) firm to complete this project. Engineering303, LLC was determined to provide an appropriate price for providing these services and has found to be a reliable, responsive professional services firm. Staff is recommending approval of a Professional Services Agreement with Engineering303, LLC in the amount of $7,750 (plus $250 per easement plat as needed). Funding and Fiscal Impact: Funding for this project is available in the Public Works stormwater budget. Page 2 of 2 Alternatives: There are no alternatives to this project. Legal Review: Ken Jarrard – Jarrard & Davis (12/31/2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement H IBE10ToN*r ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT Design Services/Construction Documents Batesville Road Drainage and Shoulder Improvements This Agreement made and entered into this 8th day of January in the year 2016, by and between The City of Milton, Georgia (hereinafter referred to as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004, and Engineermg303, L.L.C. ("Consultant") having its principle place of business at 116 N. Main Street, Suite B, Cumming, Georgia 30040, collectively referred to as the "Parties." WHEREAS, the City issued a Request for Quotes, to solicit professional engineering design services for drainage and road shoulder improvements on Batesville Road; and WHEREAS, based upon Consultant's quote to provide the services as required by the Request for Quote documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Consultant is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT "A" REQUEST FOR QUOTES/SCOPE OF WORK EXHIBIT "B" RESPONSE TO REQUEST FOR QUOTES/FEE SCHEDULE EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" CONTRACTOR AFFIDAVIT EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all services specified in Exhibits "A" and `B" (the "Work"). No payments will be made for unauthorized work. Invoices should be submitted to Bernadette Harvill, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. 'Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work described in Exhibits "A" and `B" shall not, in any case, exceed $8,200 (the "Contract Price"), provided that the actual cost for the Work shall be calculated as provided in Exhibit B; provided that the hourly rate referenced therein is hereby set at $ 125.00 per hour. 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the Work in connection with this Agreement. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees and costs of defense, which may be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub - consultant may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 3 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub - consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate with comprehensive coverage including but not limited to coverage 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 therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 per occurrence or disease. (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. El (i) The City, its officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self- insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice (or 10 days if due to non-payment) by certified mail, return receipt requested, has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests rating of no less than A: VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insureds under its policies or shall famish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. 6.0 Term; Termination The Parties agree that the Work must be completed within 60 days of the City issuing a Notice to Proceed. The term of this Agreement shall be from the date the City issues a Notice to Proceed and shall terminate absolutely and without further obligation on the part of the City on December 31, 2016, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2016, shall automatically renew on January 1, 2017 and extend to the earlier of December 31, 2017, or the date the Work is completed as determined by the City in its sole discretion, at which time it shall terminate absolutely and without further obligation on the part of the City. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (3 0) days prior written notice of such termination to the Consultant. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. In the event the Agreement is terminated prior to completion, the Consultant's compensation shall be the Contract Price, as defined herein, less the cost to complete the Work as determined at the time of termination. 7.0 Compliance with All Laws and Licenses The Consultant must comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. Further, the Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 8.0 Assignment The Consultant shall not assign, transfer any interest in, delegate any duties of, nor subcontract the whole or any part of this Agreement without the City of Milton's prior express written consent. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of both Parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Engineering303, L.L.C. 116 N. Main Street, Suite B Cumming, Georgia 30040 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultantisubcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. 10 Consultant agrees that the employee -number category designated below is applicable to the Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.§ 13-10-91.] 500 or more employees. 100 or more employees. V Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. 20.0 Authority to Contract The individual executing this Agreement on behalf of the Consultant 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 the Consultant to the terms of this Agreement, if applicable. 21.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Consultant ("Materials") shall be the property of the City and the City shall be entitled to full access and copies of all Materials. All copyrightable subject matter in all Materials is hereby assigned to the City and the Consultant agrees to execute any additional documents necessary to evidence such assignment. 22.0 Confidentiality The Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 23.0 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. 24.0 Meetings The Consultant shall meet with City's personnel or designated representatives to resolve any contractual problems that may occur during the term of the Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] 12 Engineering303, L.L.C. Signature Brian J. I Print Name President title (Member/Manager) Witness: Sign re Jennifer S. Tahan MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature Print Name Title: City Clerk 13 EXHIBIT "A" REQUEST FOR QUOTES/SCOPE OF WORK Scope of Work: Design Services/Construction Documents Batesville Road Drainage and Shoulder Improvements This scope of services is for Final Design Services for the drainage and shoulder improvements on a segment of Batesville Road in the City of Milton. The general scope of this work includes the following: • Surveying and Professional Engineering services for a driveway, roadway shoulder and drainage re -design on Batesville Road. • This project should include construction plans, and easement plats as needed. The pricing for the plats should be separate. The design services shall include all construction drawings and specifications necessary for the construction of each segment including any grading, roadway, curb, drainage, and sidewalk improvements. The design specifications for this project should meet City of Milton standards. See attached for location. Atlanta National �. Wf Glob Tea Connection vw [>i 19 Q, Avlerson Has"[ Training t"�nr,nFn atOwl C EXHIBIT "B" RESPONSE TO REQUEST FOR QUOTES/FEE SCHEDULE Proposal Date: November 18, 2015 To: Jim Seeing, PE City of Milton From: Zach Truelove, PE Re: Batesville Road Milton, GA Engineering 303, LLC appreciates this opportunity to present this proposal for your project. The cost for surveying services on the above mentioned tracts is as follows: 1. Initial Site Visit $ 500 E303 will perform an initial site visit, prior to performing the survey, to verify critical items that are to be included in the survey. 2. Topographic Survey $ 2,250 Survey will include As -Built Improvements, Right -of -Way, Boundary Lines, Visible Utilities and Specimen Trees. Survey will also include 200 LF route survey with driveway location, 50-75 LF off of edge of pavement to the top of the slope. In addition, E303 will contact Georgia 811 to locate the utilities prior to conducting the field work for the survey. 3. Concept Sketch and Meeting $ 500 4. Engineering Design Services $ 4,500 Design services include: Driveway Relocation, Grading and Drainage Plans, Erosion and Sediment Control Plans, Utility Locations, Staking and Layout Plans and Construction Details. This cost does not include landscape design. However, E303 can recommend a landscape designer and coordinate the design, if desired. 5. Easement Exhibits and Legal Descriptions $ 250 per exhibit 6. Permitting, if required $ Hourly Submittal/Review Fees, Prints, Reprographics, Electronic File Conversions, Couriers and Communications are to be reimbursed. Any work outside the scope described above including Matters of Record review, will be billed hourly. Client and contractor coordination, correspondence and requests for information shall be billed hourly. This proposal shall be considered acceptable for a period of thirty (30) calendar days beginning on the above date. We thank you in advance for your time, considerations and in trusting us with this opportunity to serve you. Should you have any questions or require additional information, please contact me at your convenience. Engineering303 LLC - 116 N. Main Street, Suite B, Cumming. Georgia 30040 Phone 770-442-0500 w .engtneering303.com Respectfully submitted, Z-1-7- 1j-�--Z ._ Zach Tmelove GA PE# 36137 Accepted By: Date: 116 N. Main St, Sure B 770442-0500 Cumming, Georgia 30040 www.engineering303.com EXHIBIT "C" INSURANCE CERTIFICATE ACORa CERTIFICATE OF LIABILITY INSURANCE DATE (mmlODM Y) Iii 01108/2016 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 America Insurance Brokers, Inc. CONTANAME T Terry Mechling PHONEO. (770) 770-7239 A/c No: (678) 909-4071 E-MAIL Ter Goaib.com ADDRESS: ry@ 9810-a Medlock Bridge, Ste. 105 g INSURER(S) AFFORDING COVERAGE NAIC q INSURER A: SENTINEL INS CO LTD (HARTFORD) 11000 Johns Creek GA 30097 INSURED INSURER B: HARTFORD CASUALTY INSURANCE CO 29424 INSURER C : Landmark American Insurance Co Engineering 303 LLC INSURER D: 116 N. Main St INSURER E: D71TAGE TO PREMISES EaEoccurrrence $ 100.000.00 INSURER F: Cumming GA 30040 COVERAGES CERTIFICATE NUMBER: 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 rypE OF INSURANCE ADDL INR UBR wVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIVYVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.60 X COMMERCIAL GENERAL LIABILITY D71TAGE TO PREMISES EaEoccurrrence $ 100.000.00 CLAIMS -MADE 71 OCCUR MED EXP (My one person) $ 10,000.00 PERSONAL&ADV INJURY $ 1,000,000.00 A Y Y 20SBAAC0189 10/05/2015 10/05/2016 GENERAL AGGREGATE $ 4,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000.00 $ 1-1 POLICY JE� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,060 Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ A ALL OWNED SCHEDULED AUTOS AUT 20UECNG0477 10/05/2015 10/05/2016 PROPERTY DAMAGE $ Peraccident NON -OWNED HIRED AUTOS HAUTOS X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000.00 AGGREGATE $ A EXCESS LIAB CLAIMS -MADE 20SBAAC0189 10/05/2015 10/05/2016 DED RETENTION$ I $ I I B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICERIMEM ER EXCLUDED?ECUTIVE YNNN (Mandatory in NH) NIA 20WECAD1656 10/05/2015 10/05/2016 X WC STATU- OTH- /� TORY LIMIT E.L. EACH ACCIDENT $ 1,000.000.06 E.L. DISEASE - EA EMPLOYE $ 1,000,000.00 E.L. DISEASE -POLICVLIMIT $ 1,000,000.00 If yes, describe under DESCRIPTION OF OPERATIONS below Errors and Omissions C AE -823322 01/05/2016 01/05/2017 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder listed below is also added as an additional Insured on policies listed above with the exception of the Professional E&O policy # SUAML488. Waiver of Subrogation is included for all additional insured's. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Parkway ACCORDANCE WITH THE POLICY PROVISIONS. Suite 107 AUTHORIZED REPRESENTATIVE Milton GA 30004 25 (2010/051 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF FULTON 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: 438419 eVerify Number 08/09/2011 Date of Authorization EnpineerinR303 LLC Name of Contractor Design Services/Construction Documents— Batesville Road Drainage and Shoulder Improvements Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Jan. , 8 1 201 6 incummi pity), GA (state). Signature of Authorized Officer or Agent Brian J. King - President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 8th DAY OF January ,2016. T [NOTARY My Commission Expires: 01- 113- 201.7 EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA N/A COUNTY OF FULTON �� 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 Engineering303 LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub - subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Number Date of Authorization Name of Subcontractor Design Services/Construction Documents— Batesville Road Drainage and Shoulder Improvements Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,2015. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: HOME OF ` T ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 1'l, 2016 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. MEETING DATE: Monday, January 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:`) APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 2 b I (o REMARKS (J NOT APPROVED xNO (XNO (J NOT APPROVED 91 * youn PHONE: 678.242.2500 FAX: 678.242.2499 Green- ropio9 1 **Certified** caw„f info@cityofmiltonga.us I www.cityofmiitonga.us ,ate Community �y,Echics`�� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on December 17, 2015 for the January 20, 2016 Regular Meeting Agenda Item: Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. ____________________________________________________________________________ Executive Summary: According to the Milton Grows Green bylaws, the officers shall be elected by a majority vote of the members in good standing. Elections will be held annually in the fourth quarter of the calendar year. The new slate of officers will then be presented to the City Council for consideration and ratification. Milton Grows Green met at a Special Called meeting on December 17, 2015 at 5:45 pm to determine the appointments of the Committee’s Chair, Vice Chair and Chair Emeritus. They voted to recommend the following positions be filled as follows: Chair – Jack Lindon Vice Chair – Margaret Lamb Chair Emeritus – Jon McPhail Alternatives: Do not approve. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO MILTON GROWS GREEN FOR THE CITY OF MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December 21, 2015 at 6:00 p.m. as follows: SECTION 1. That _______________ is hereby appointed as Chairperson for a term commencing January 20th, 2016 and ending on December 31, 2016; and SECTION 2. That _______________ is hereby appointed as Vice-Chairperson for a term commencing January 20th, 2016 and ending on December 31, 2016. SECTION 3. That _______________ is hereby appointed as Chairperson Emeritus for a term commencing January 20th, 2016 and ending on December 31, 2016. RESOLVED this 20th day of January, 2016. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2016 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Accepting the Resignation of City Manager Chris Lagerbloom. MEETING DATE: Monday, January 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (kNO CITY ATTORNEY REVIEW REQUIRED: y YES () NO APPROVAL BY CITY ATTORNEY APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0I Z 01 6 REMARKS KI it UEM NE: 6 PHO78.242.2500 FAX: 678.242.2499 +G een, * I *Certified P 1U0 infoftityofmiltonga.us I www.cityofmiltonga.us ,� Community E n; s 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ACCEPTING THE RESIGNATION OF CITY MANAGER CHRIS LAGERBLOOM WHEREAS, Chris Lagerbloom has served the City of Milton since February 18, 2009 as City Manager; and WHEREAS, during City Manager Lagerbloom’s tenure he faithfully served the Council, staff and citizens of the City of Milton; and WHEREAS, City Manager Lagerbloom has submitted a letter of resignation to the City Council (“Council”) with an effective date for said resignation being February 12, 2016; and WHEREAS, the Council accepts City Manager Lagerbloom’s resignation; and WHEREAS, the Council desires to comply with all provisions of local and state law with respect to the resignation of City Manager Lagerbloom. NOW, THEREFORE, THE COUNCIL FOR THE CITY OF MILTON HEREBY ORDAINS THE FOLLOWING: SECTION 1: The above stated recitals are incorporated herein by this reference. SECTION 2: The Council accepts the resignation of City Manager Lagerbloom, with an effective date of February 12, 2016. SECTION 3: If any portion of this Resolution is found and determined to be invalid, the invalid portion shall be stricken herefrom and the remainder shall be in full force and effect. Page 2 of 2 SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval. BE IT SO RESOLVED, this 20th day of January, 2016, by the Council of the City of Milton, Georgia. Approved: __________________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF ' FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 13, 2016 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Appointing Steven Krokoff as Interim City Manager. MEETING DATE: Monday, January 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES X NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: p l 20 t to REMARKS 1 , you( PHONE: 678.242.25001 FAX: 678.242.2499 *C ; itwd . infoftityofmiltonga.us I www.cityofmiltonga.us ��°� Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING STEVEN KROKOFF AS INTERIM CITY MANAGER The Council of the City of Milton hereby resolves while in a Regular City Council Meeting on the 20th day of January, 2016 the following: WHEREAS, a vacancy has occurred in the office of City Manager; and WHEREAS, Section 3.24 of the City Charter provides that in the absence of a city manager, the Mayor shall designate, subject to approval by the City Council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager’s temporary absence; and WHEREAS, the Mayor has designated Steven Krokoff as Interim City Manager; and WHEREAS, Steven Krokoff is indeed a highly qualified city administrative officer. IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON that the City of Milton hereby approves Steven Krokoff as Interim City Manager effective February 13, 2016, until such time as a permanent City Manager is appointed by the Mayor and Council. Approved: ____________________________ Mayor Joe Lockwood Attest: _____________________________ Sudie AM Gordon (Seal)