Loading...
HomeMy WebLinkAboutAgenda Packet CC - 03/07/2016 - CITY COUNCIL MEETING PACKET 3-7-2016 Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, March 7, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Robert O’Hara, Boiling Springs Primitive Baptist Church of Christ - Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 16-049) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 7, 2016 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 8, 2016 City Council Work Session Meeting Minutes. (Agenda Item No. 16-050) (Sudie Gordon, City Clerk) 2. Approval of the February 17, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-051) (Sudie Gordon, City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Signature Research, Inc. for the Evaluation of Three Bridges at Providence Park. (Agenda Item No. 16-052) (Jim Cregge, Parks & Recreation Director) 4. Approval of a Professional Services Agreement between the City of Milton and EcoFlo, Inc. for Milton’s Household Paint and Chemicals Collection Event (HPCC) on March 19, 2016. (Agenda Item No. 16-053) (Teresa Stickels, Sustainability Coordinator) 5. Approval of a Contract with eCivis, Inc. for a Two-Year Subscription to Web-Based Grants Management Software. (Agenda Item No. 16-054) (Stacey Inglis, Assistant City Manager ) 6. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Court Renovations. (Agenda Item No. 16-055) (Carter Lucas, Assistant City Manager) 7. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Asphalt Reconstruction and Resurfacing. (Agenda Item No. 16-056) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 7, 2016 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8. Approval of a Professional Services Agreement between the City of Milton and Barge, Waggoner, Sumner & Cannon, Inc. for the Design of Hopewell Road at Redd Road Turn Lanes. (Agenda Item No. 16-057) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Boiling Springs Primitive Baptist Church of Christ. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Sunshine on a Ranney Day Nonprofit. (Presented by Mayor Joe Lockwood) 3. Proclamation Recognizing Georgia City-County Management Association’s 60th Anniversary. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of ZM16-01 – Southeast Corner of Birmingham Road and Birmingham Highway Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG-1 (Agricultural) by Oak Hall Companies, LLC to Modify Condition 2.a. to Revise the Site Plan to Delete Retail Buildings Along Birmingham Highway and Replace with Townhomes (RZ04-0116 and ZM14- 06). (Agenda Item No. 16-058) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 11) NEW BUSINESS MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 7, 2016 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Consideration of a Resolution of the Mayor and Council of Milton, Georgia Regarding a Park and Green Space Bond. (Agenda Item No. 16-059) (Ken Jarrard, City Attorney) 2. Consideration of a Professional Services Agreement between the City of Milton and The Trust for Public Land Regarding Conservation Finance Research. (Agenda Item No. 16-060) (Kathleen Johnson, Conservation Project Manager) 3. Consideration of a Resolution of the Mayor and Council of Milton, Georgia Regarding Legislative Annexation. (Agenda Item No. 16-061) (Ken Jarrard, City Attorney) 4. Consideration of Possible Ratification of a Settlement Agreement Between the City of Milton and T-Mobile to Resolve Litigation and Otherwise Authorize the Erection of a Telecommunications Tower at 14495 Hopewell Road. (Agenda Item No. 16-062) (Ken Jarrard, City Attorney) 5. Consideration of a Memorandum of Understanding between Crown Castle NG East, Inc. and the City of Milton, Georgia Related to Small Cell Technology. (Agenda Item No. 16-063) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 7, 2016 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-064) The minutes were provided electronically TO: FROM: HOME Of ' ESTAR IS H ED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 2, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Signature Research, Inc. for the Evaluation of Three Bridges at Providence Park. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.U'S'ES CITY ATTORNEY REVIEW REQUIRED: („ YES APPROVAL BY CITY ATTORNEY („APPROVED PLACED ON AGENDA FOR: 031-9712c6 REMARKS (J NOT APPROVED (JNO (JNO () NOT APPROVED © y You( * * PHONE: 678.242.25001 FAX: 678.242.2499 -Green a•cr�air,{; '°P'°° i Ei6ic. F infoftifyofmilfonga.us I www.cifyofmilfonga.us NIDLIH Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'B" Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on February 11, 2016 for the March 7, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Signature Research Inc. for the Evaluation of Three Bridges at Providence Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Professional Services Agreement between the City of Milton and Signature Research Inc. for the Evaluation of Three Bridges at Providence Park. Executive Summary: There are three wooden bridges along the trails at Providence Park. These trails have had no maintenance done on them for at least twelve years. Natural deterioration has occurred and we need to determine if they can be repaired or if they should be replaced. Funding and Fiscal Impact: Signature Research, Inc. comes to us on the recommendation of the YMCA of Atlanta. We have sufficient funding available in the Capital Fund for Providence Park to cover the fee of $2,200.00. Alternatives: The only alternative is to go back to the market and find an alternate service provider. This inspection must be performed. Page 2 of 2 Legal Review: Sam Van Volkenberg – Jarrard & Davis (February 4, 2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): 1) Professional Services Agreement Signature Research, Inc. 1 PROFESSIONAL SERVICES AGREEMENT PROVIDENCE PARK BRIDGE SURVEY AGREEMENT This Agreement made and entered into this _____ day of _____________, in the year 2016, 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 SIGNATURE RESEARCH, INC. (“Consultant”), a Georgia corporation having its principal place of business at P.O. Box 6022, Douglasville, GA 30154, with the City and Consultant together referred to herein as the “Parties.” WHEREAS, the City of Milton will require certain professional public works services beginning on or about March 16, 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 Jim Cregge, 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. The scope of the Work generally consists of a survey of three bridges and one dock on property acquired by the City from Fulton County. The purpose of this study is to identify the condition, usability and safety of the bridges and the dock for general public use. Also included is the connection from the trail to the bridge, including stairs, ramps, grading and any other components of the bridge. The bridge and dock evaluations will include: 1. A review of all materials and their structural integrity. 2. A recommendation of any repairs that may be required. 3. A written report that documents work performed and the results of the bridge and dock evaluations. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. The compensation for Work performed shall be based upon (i) a $3,100 flat fee for the bridge and dock inspections and written report creation. These shall be the sole bases for Consultant’s compensation, 2 Consultant shall not be entitled to any additional cost reimbursement, and Consultant represents that these amounts are sufficient to perform all of the Work contemplated by this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $3,100.00 (the “Contract Price”) without prior written approval from the City. 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10,000 must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both 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. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification 3 The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of 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: 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 there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 per accident. 4 [RESERVED] (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability Coverage (i) 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. (b) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) [RESERVED] (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) [RESERVED] (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) [RESERVED] 5 (ii) [RESERVED] (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. 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, as exemplified by the certificate attached hereto as Exhibit “B.” The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. (8) [RESERVED] (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall begin on February 16, 2016 and shall terminate absolutely and without further obligation on the part of the City on May 31, 2016. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. 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. Time is of the essence of this Agreement, and the Consultant shall begin work promptly upon receiving a Notice to Proceed by the City. 6 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, and comply with 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 or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the Parties. 9.0 Expertise of Consultant 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, as determined in the City’s sole discretion. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 7 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 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: Director of Parks and Recreation City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Mr. Ben Kopp. P.O. Box 6022 Douglasville, GA 30154 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 8 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 “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, 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 “D”, 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 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 three (3) 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. 9 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. 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 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 10 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 Force Majeure Neither the City nor Consultant shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 24.0 Survival of Terms All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 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 SIGNATURE RESEARCH, INC. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title (President or Vice President for Corporation) _______________________________________________ Date [AFFIX CORPORATE SEAL] Attest: _______________________________ Signature ______________________________________ Print Name ______________________________________ Title ((Assistant) Corporate Secretary) CITY OF MILTON, GEORGIA: Joe Lockwood, Mayor ___________________________________ ___________________________________________ Date [CITY SEAL] Attest: _____________________________ Signature ___________________________________ Print Name City Clerk___________________________ Title EXHIBIT “A” SCOPE OF WORK (See the attached proposal from Signature Research, Inc., as revised by the City of Milton) Signature Research Inc. P.O. Box 6022 Douglasville, GA 30154 770-577-8048 770-577-8053 fax January 31, 2016 City of Milton 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 RE: Bridge Inspection This letter, when accepted and agreed to by you, will supplement the agreement between Signature Research Inc. (or "we" or "Consultant") and City of Milton or "you" or "Client") for Bridge Inspection services as outlined below. 1. Scope of Services to be Provided by Consultant. By serving as Consultant for the Client, we will provide the following services: A. Provide a Bridge Inspection for 3 pedestrian bridges and a Dock Inspection for one dock, all of which are located on the client property. B. Items to be inspected may include, but are not limited to, the following: 1. Apparent lumber and/or pole integrity or integrity of the connections on the structure. 2. Apparent hardware integrity and wear. 3. Appropriateness of hardware application and use. C. Provide a written report detailing the condition of the structure and describing any recommended and/or required adjustments and actions that need to be conducted based on the findings of the inspection. D. Provide an inspection and report for the 3 bridges and the dock located at Providence Park by a structural engineer. 2. Limitations. The inspection and subsequent report will address apparent conditions at the time of the inspection only. The inspection and subsequent report shall be performed in accordance with the usual and customary standards of the Consultant’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes and ordinances. Subject to the foregoing professional standards requirement, the inspection and subsequent report cannot and will not address any latent or hidden conditions and defects. The inspection also cannot and will not address staf f competencies as related to the proper and appropriate use of any and all the structures. 3. Quality and Timing of Services. We agree to provide a high quality of services for the inspection of the structures. A. The inspection of the bridges will be carried out in March, 2016 unless otherwise scheduled and agreed upon by the Client and Consultant. 4. Client Agreements. In consideration of services provided by the Consultant as outlined above, the Client will agree to the following: A. Will provide unrestricted access to the installation site between the hours of 7:30am and 7:30pm on the day(s) of inspection. EXHIBIT “B” INSURANCE CERTIFICATE (See the attached COI from Signature Research, Inc.) SIGNRES-01 FVALDEZ Ac-QRO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) E2/212016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAMEACT Shanna Ressel Hibbs - Hallmark & Co PO Box 8357 Tyler, TX 75711 PHONE x903 561-8484 5619 x903 561-8341 A1C No Ext : ( (AIC, 1 aI DARESS: shanna.ressel@hibbshallmark.com INSURERS) AFFORDING COVERAGE NAIL# INSURERA :Admiral Ins CO INSURED INSURERB : Federal Ins Co INSURERC : Signature Research, Inc. INSURER : PO Box 6022 Douglasville, GA 30154 INSURERE : INSURER F : 04110!2016 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. !LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE TOCCUR CA00001920602 04110!2015 04110!2016 PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PEP GENERAL AGGREGATE $ 2,000,000 POLICY [ X] JECT LOC PRODUCTS - COMPIOPAGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ {Ea accident) BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE $ (Peraccldent) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N PER OTH- STATUTE I ER E.L. EACH ACCIDENT $ ANY PROPRIETORfPARTNERfEXECUTIVE OFPICERfMEMBEREXCLUDED? ❑ NfA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ B Professional Liabili 82404345 04/10/2015 04/10/2016 Liability Limits 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CG2040 0413- Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization CG2404 0509- Waiver of Transfer of Rights of recovery Against Others to Us AD0657 1203 - Primary/Non-Contributing Insurance Endorsement CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Director of Parks and Recreation 13000 Deerfield Parkway, Suite 107F A U/_TT/HORIZED REPRESENTATIVE Milton, GA 30004 /f(/�r, "�• Iio/0/M-" v— ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: CA000019206-02 Issued Date: 07/13/2015 CG 20 10 04 13 Effective Date: 04/10/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization that is an owner of real property or All locations at which the Named Insured is performing personal property on which you are performing ongoing opera- ongoing operations. tions, or a contractor on whose behalf you are performing ongoing operations, but only if coverage as an additional insured is required by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "property damage" first occurs, or the "personal and adver- tising injury" offense is first committed, subsequent to the execution of the contract of agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section I1— Who Is An Insured is amended to include 2. If coverage provided to the additional insured is as an additional insured the person(s) or organization(s) required by a contract or agreement, the insurance shown in the Schedule, but only with respect to liability afforded to such additional insured will not be for "bodily injury", "property damage" or "personal and broader than that which you are required by the con - advertising injury" caused, in whole or in part, by: tract or agreement to provide for such additional in - 1. Your acts or omissions; or sured. 2. The acts or omissions of those acting on your be- half, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 10 04 13 Cc Insurance Services Office, Inc., 2012 Page 1 of 2 13 B. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the pro- ject (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing op- erations for a principal as apart of the same project. C. With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III — Limits Of insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of in- surance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Lim- its of Insurance shown in the Declarations. CG 20 10 04 13 Cc Insurance Services Office, Inc., 2012 Page 2 of 2 13 Policy Number: CA000019206-02 CG 24 04 05 09 Effective Date: 04/10/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: CONa ERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/CONIPLETED OPERATIONS LIABILITY COVERAGE PART SCHIDULE Name Of Person Or Organization: Any person or organization, but only if the following conditions are met: a. You have expressly agreed to the waiver in a written contract entered into by you; and b. The injury or damage occurs subsequent to the execution of the written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of ing out of your ongoing operations or "your work" done Rights Of Recovery Against Others To Us of Section under a contract with that person or organization and IV — Conditions: included in the "products -completed operations hazard". We waive any right of recovery we may have against the This waiver applies only to the person or organization person or organization shown in the Schedule above shown in the Schedule above. because of payments we make for injury or damage aris- CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 13 Policy Number: CA000019206-02 AD 06 57 12 03 Effective Date: 04/10/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYAON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization qualifying as an insured under Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization (CG2010 0413) and Additional Insured - Owners, Lessees or Contractors - Completed Operations (CG2037 0413) attached to this policy. It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commer- cial General Liability insurance, whether primary or excess, available to the person or organization shown in the Sched- ule and: 1) Who is an insured under an Additional Insured - Owners, Lessees or Contractors endorsement at- tached to this policy; and 2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. All other terms and conditions remain unchanged. AD 06 57 12 03 Page 1 of 1 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 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). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 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. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) SIGNA-1 OP ID: CE 02/01/2016 Chrissie Elrod Advanced Insurance Strategies P.O. Box 709 300 W. Emery St. Suite 205 Dalton, GA 30720 Brian Peters 706-226-0186 706-226-0178 celrod@ais-ins.net American Interstate Insurance 31895 Republic Franklin Insurance 12475Signature Research, Inc. P.O. Box 6022 Douglasville, GA 30154 1,000,000 B X X X 4464183 08/09/2015 08/09/2016 X A X AVWCGA2430692015 09/14/2015 09/14/2016 1,000,000Y 1,000,000 1,000,000 Automobile additional insured and waiver of subrogation per Commercial Auto Extension Endorsement 8E2419 07-2011. Workers comp blanket waiver of subrogation WC000313 4-84. Workers comp excluded officers: Benjamin Kopp // Tara Kopp Director of Parks & Recreation City of Milton 13000 Deerfield Pkwy, Ste 107F Milton, GA 30004 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not en- force our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule 1.O Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: 1.50% 3. Minimum Premium: $250.00 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching" clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 09/14/2015 at 12:01 A.M. standard time, forms a part of (Date) Policy No. AVWCGA2430692015 issued to Signature Research, Inc. Policy Effective 09/14/2015 to (Date) Endorsement No. of the AMERICAN INTERSTATE INSURANCE COMPANY - 24759 (Name of Insurance Carrier and NCCI Carrier Code) 09/14/2016 (Date) 8-E-2419 Ed. 07-2011 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 CA with its permission. Copyright, Utica Mutual Insurance Company, 2011. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART Only that insurance provided below that broadens coverage under the Commercial Auto Coverage Part applies. A. Fellow Employee Exclusion Exception. The following modification applies on an excess basis over any other insurance. Exclusion 5. (Fellow Employee) of SECTION II - LIABILITY COVERAGE is replaced by the following: 5. “Bodily injury” to any fellow employee of the “insured” arising out of and in the course of the fellow employee's employment. But this exclusion does not apply to “bodily injury” to any fellow employee which results from the use of a covered “auto” you own or hire. B. Increased Supplementary Payments. The amount we will pay for the cost of bail bonds and for reasonable expenses incurred by the “insured” under the Supplementary Payments Coverage Extension of SECTION II - LIABILITY COVERAGE is increased to $2,500 and $300 respectively. C. Automatic Hired Auto Physical Damage Coverage. 1. Subject to 2. and 3. below, the broadest of the Physical Damage Coverages provided under this Coverage Part for “autos” you own are also provided for hired “autos” which are covered for Liability Coverage under this Coverage Part. 2. The most we will pay for “loss” in any one “accident” is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the “loss”; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $35,000. 3. As respects the Physical Damage Coverage provided for hired “autos” under this Coverage Extension, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the largest deductible for such coverage applicable to any owned covered “auto.” In the event of “loss” caused by fire or lightning, no deductible shall apply. D. Leased Auto Additional Legal Obligation Coverage. The following coverage is added to SECTION III - PHYSICAL DAMAGE COVERAGE: For any covered “auto” for which this Coverage Form includes a lessor as an additional “insured” under the Additional Insured - Lessor endorsement, we will pay your additional “legal obligation” to such lessor in the event of a total “loss.” As used in this coverage, “legal obligation” shall mean and be the difference between the amount owed on your lease and the actual cash value of the “auto.” The amount owed on your lease shall not include any taxes; overdue payments or interest resulting from overdue payments; penalties; lease termination fees; and charges resulting from mileage, overdue payments or excess wear and tear. The actual cash value of the “auto” and the amount owed on your lease shall be based on the time of the “loss.” E. Theft Extension. The coverage provided under SECTION III - PHYSICAL DAMAGE COVERAGE for transportation expenses incurred by you because of a total theft of a covered “auto” of the private passenger type is increased to $50 per day and to a maximum of $1,000. Page 2 of 3 8-E-2419 Ed. 07-2011 F. Window Glass Breakage Deductible Waiver. For “loss” covered under SECTION III - PHYSICAL DAMAGE COVERAGE, the Deductible provision does not apply to window glass breakage if the damaged window glass is repaired instead of replaced. G. Malfunction Extension for Airbags. The following provision is added to the Exclusion for wear and tear, freezing, mechanical or electrical breakdown under SECTION III - PHYSICAL DAMAGE COVERAGE: But mechanical or electrical breakdown does not include accidental inflation of an airbag. H. Multiple Deductibles. 1. In the event of any occurrence which results in a loss or “loss” we cover under more than one Coverage, Coverage Form, or Coverage Part, the deductibles shall apply as described in 2., 3. or 4. below. 2. a. If all involved deductibles are equal in amount, that amount will apply only once for all loss or “loss” from each occurrence. b. Loss or “loss” from each occurrence under all involved coverages will be accumulated to make up that deductible amount. 3. If involved deductibles for different coverages are of different amounts, we will use the method described in a. or b. of this item 3. which results in the higher total payment to you. a. We will apply each deductible to the loss or “loss” for the coverage to which it applies; or b. We will add the amount of loss or “loss” from all involved coverages and subtract from the total the larger or largest applicable deductible. 4. This deductible provision does not apply to loss or “loss” caused by flood, windstorm or hail. I. Bodily Injury Redefined. It is agreed and understood that the definition of “bodily injury” (SECTION V) includes mental anguish resulting from “bodily injury,” sickness or disease to the person who sustained such “bodily injury,” sickness or disease. J. Unintentional Failure to Disclose Hazards. Failure of the insured to disclose all hazards existing as of the inception date of the Coverage Part shall not invalidate the insurance afforded by this Coverage Part if such failure or omission is not intentional. K. Broadened Cancellation. It is agreed that we may cancel or nonrenew this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation or nonrenewal at least sixty (60) days before the effective date of cancellation. This provision does not apply if the policy is cancelled for nonpayment of premium. If these provisions conflict with any state law or regulation governing the cancellation/nonrenewal of this Coverage Part, then such law or regulation shall prevail and this Coverage Part is amended to conform with such law or regulation. L. Broadened Named Insured. It is agreed that the Named Insured shown in the Declarations includes any subsidiary corporation, firm, or organization of a similar business nature which is newly acquired or formed, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. However, coverage does not apply to “bodily injury,” “property damage” or “loss” that occurred before you acquired or formed the organization. No person or organization is an “insured” with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. As used in this extension of coverage, the phrase, “similar business nature” means of a nature which an ordinary person would consider to be closely related to your business. M. Notice of Accident, Claim, Suit or Loss It is agreed that failure by any agent, servant, or employee (except an executive officer, or individual designated by an executive officer to give such notice) of the “insured” to notify us of any “accident,” claim, “suit,” or “loss” of which such person has knowledge shall not invalidate the insurance afforded by this Coverage Part as respects the Named Insured. N. Hired Auto Changes Coverage territory is amended to be anywhere in the world for a “suit”: 1. Involving a covered “auto” that is leased, hired, rented or borrowed by the Named Insured; and 2. Brought against an “insured” for damages to which this insurance applies; when such “suit” is brought in: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; or d. Canada. 8-E-2419 Ed. 07-2011 Page 3 of 3 O. Theft Expenses Under the Loss Payment - Physical Damage Coverage Loss Condition (SECTION IV), regardless of the option we select, it is agreed and understood that in the event of a theft of a covered “auto,” we will pay those expenses incurred for the return of the covered “auto” to the Named Insured. P. Employees as Insureds The following is added to the LIABILITY COVERAGE WHO IS AN INSURED provision: Any employee of yours is an “insured” while using a covered “auto” you don't own, hire or borrow in your business or your personal affairs. Q. Towing and Labor Under Section III - Physical Damage Coverage, Towing is replaced by the following: Towing and Labor We will pay up to the following limits for towing and labor costs incurred each time a covered “auto” is disabled: a. $100 for a covered “auto” rated and classified as a private passenger vehicle. b. $150 for a covered “auto” rated and classified as a light, medium, heavy or extra-heavy truck. However, the labor must be performed at the place of disablement. R. Personal Effects The following is added to Section III - Physical Damage: Personal Effects If you carry Comprehensive Coverage for the stolen covered “auto”, we will pay up to $750 for personal effects stolen with the auto. This insurance is excess over any other collectible insurance and no deductible applies. S. Waiver of Subrogation The Transfer of Rights of Recovery Against Others To Us Loss Condition is replaced by the following: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. We waive any right of recovery we may have under such a transfer of rights against any person or organization holding a waiver under a written contract with the insured if such contract was executed prior to the loss which generated such right of recovery. T. Additional Insured - By Contract, Agreement Or Permit The following is added to Section II - Who Is An Insured: Any person or organization with whom you have entered into a written contract, agreement or permit requiring you to provide insurance such as is afforded by this Business Auto Coverage Form is an “insured” for Liability Coverage, but only to the extent that such person or organization qualifies as an “insured” under the Who Is An Insured Provision. Signature Research Inc. P.O. Box 6022 Douglasville, GA 30154 770-577-8048 770-577-8053 fax B. Will provide 1 staff member to serve as liaison/advisor to the Consultant staff for the duration of the project. C. If needed, will provide lodging for consultant staff for the duration of the project. If reasonable and suitable lodging and meals is not available, consultant staff will find local accommodations and client will be billed accordingly. D. Any other items (tools, etc.) as agreed upon for the duration of the construction. E. Shall provide all funds as outlined under payment terms below for the services described above. F. Will operate an ongoing inspection and maintenance program by Client personnel and contract for future inspections by Consultant or other qualified and reputable consultant. G. Understands that any material changes, tampering, alterations, or additions to the structure listed above other than recommended and/or agreed upon by the Consultant and without mutual agreement by both parties voids any and all warranties and any other obligation which Consultant otherwise may have with respect to such items. H. Understands that the Consultant will not assume any responsibility for accident or injury on any portion of the structure due to Client’s misuse, mismanagement, incompetence, or non- compliance with recommended operational standards and practices. 5. Payment. For all of the services described above, the Client agrees to pay Signature Research Inc. as follows: A. The cost for the inspection and report as described above under “Scope of Services” is listed below. If repairs are requested there will be an additional cost for materials and hardware and extra labor. Client will be responsible for all travel expenses for Signature Research Personnel i ncluding but not limited to lodging, meals, mileage and/or airfare, based on the origination location of the Signature Research employee. Travel expenses are included in the cost of the inspection and/or repairs. Inspection Fee – Bridges and Dock $3,100.00 B. Client will pay 100 percent of the total for Consultant’s services within 30 days of the Client’s receipt and approval of Consultant invoice following the completion of services described above. C. A 1-1/2% finance charge will be added to past due accounts. 6. Indemnification. To the extent allowed by law, Client agrees to defend and indemnify (including payment of costs and attorneys’ fees) Signature Research, its officers, directors, employees, owners and agents against all claims, including of negligence, arising from or in any way related to the use of the elements and equipment provided by Signature Research, excepting only claims that arise directly and solely out of a defect of Signature Research's construction or design or error in inspection. Any dispute, which may arise between the parties, will be resolved in accordance with the substantive laws of the state of Georgia and any suit against Signature Research Inc. must be brought in the courts of the state of Georgia. 7. Course Changes and Modifications. Signature Research Inc. will not be responsible for any changes made to the Client’s 3 bridges pursuant to any and all recommendations made during the inspection or in the inspection report by anyone other than Signature Research Inc. personnel. 8. Entirety. This document supplements the agreement between the Client and the Consultant and may be amended only in writing and as agreed to by both parties. 9. Partial Invalidity. If any portion of this agreement is deemed invalid by a court, the balance remains in place and is binding upon both parties. Please indicate your agreement to the terms and conditions set out above by executing this letter in the space set out below and returning the fully executed letter to us. Signature Research Inc. P.O. Box 6022 Douglasville, GA 30154 770-577-8048 770-577-8053 fax City of Milton: Signed Printed Title Date Signature Research Inc.: Signed Printed Title Date EXHIBIT “C” 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 _________________________________ Date of Authorization Signature Research, Inc. Name of Contractor PROVIDENCE PARK BRIDGE SURVEY AGREEMENT Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “D” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA COUNTY OF _____________ 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 Signature Research, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub- subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Subcontractor PROVIDENCE PARK BRIDGE SURVEY AGREEMENT Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ O TO: 91TOU11 HOME OF ' FSTABLISIIED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and EcoFlo, Inc. for Milton's Household Paint and Chemicals Collection Event (HPCC) on March 19, 2016. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED CITY ATTORNEY APPROVAL REQUIRED: VYES CITY ATTORNEY REVIEW REQUIRED: LYES APPROVAL BY CITY ATTORNEY f jj�APPROVED PLACED ON AGENDA FOR: 03/07/2&4� REMARKS (J NOT APPROVED �JNO (JNO (J NOT APPROVED ©.* YOUM *** PHONE: 678.242.25001 FAX: 678.242.2499 Green\ ^� *cvrtfeed; Rp100 �rurnirr i Communit info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a« To: Honorable Mayor and City Council Members From: Teresa Stickels, Sustainability Coordinator Date: Submitted on February 25, 2016 for the March 7, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and ECOFLO, Inc. for Milton’s Household Paint and Chemicals Collections Event (HPCC) to be held on March 19, 2016. ______________________________________________________________________________ Department Recommendation: Staff is recommending approval of the Professional Services Agreement. Executive Summary: This agreement is to provide services for a one day Household Paint and Chemical collection event to collect and properly dispose of paint, chemicals and other hazardous materials from Milton residents. The budget should allow us to serve over 250 Milton residents and the event will be managed by use of a pre-registration process to pre-qualify residency and determine quantities. Funding and Fiscal Impact: This event has been budgeted for $12,000 within the FY2016 budget. Alternatives: N/A Legal Review: Paul Frickey – Jarrard & Davis (February 18, 2016) Concurrent Review: Steven Krokoff, Interim City Manager Kathleen Field, Community Development Director Attachment(s): Professional Services Agreement Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT Hazardous Household Paint and Chemicals Collections Event (HPCC) This Professional Services Agreement (the “Agreement”) is made and entered into this ____ day of __________________, 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 107F, Milton GA 30004, and ECOFLO, Inc. (“the Consultant”), having its principal place of business at 2750 Patterson Street, Greensboro, NC 27407. WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the “Work”); and WHEREAS, Consultant has familiarized itself with the Contract Documents (as defined below), the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A WORK DESCRIPTION EXHIBIT B [RESERVED] EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT AND AGREEMENT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Work Description attached hereto as Exhibit “A”. Unless otherwise stated in the Contract Documents, the Work shall include Consultant’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as “Household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) at Cambridge High School located in the City of Milton.”. Section 3. Contract Time: A. Time for Performance by Consultant: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose Page 2 of 10 delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City and shall fully complete the Work on the date specified. B. Termination: this Agreement shall terminate absolutely and without further obligation on the part of the City on the earlier of December 31, 2016 or the date the Work is completed. 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 below, less the cost to complete the Work as determined at the time of termination. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $12,000 (the “Contract Price”), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. 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 are the result of alleged willful or negligent acts, omissions or tortious conduct arising out of the performance of contracted services or operations by Consultant, any sub-consultant, anyone directly employed by Consultant or sub-consultant or anyone for whose acts or omissions Consultant or sub-consultant may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of Page 3 of 10 bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Authority to Contract: 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 thi s Agreement, if applicable. E 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. (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. Page 4 of 10 (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. Page 5 of 10 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. (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) City as Additional Insured and Loss Payee: Page 6 of 10 The City shall be named as an additional insured and loss payee on all policies required by this Agreement. F. Licenses, Certifications and Permits; Standard of Care: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, city, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of care and quality ordinarily expected of its industry. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. G. Acknowledgment of Restriction on Gratuities: 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. H. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by 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 Consultant agrees to execute any additional documents necessary to evidence such assignment. This provision shall prevail over contrary language in any exhibit attached hereto. I. Consultant’s Representative: Kenneth Webb shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. J. Notice: 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 Page 7 of 10 NOTICE TO THE CONSULTANT shall be sent to: ECOFLO, Inc. 2750 Patterson Street Greensboro, NC 27407 Attn: Kenneth Webb K. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub-consultants, agents and/or staff to likewise protect such confidential information. L. Meetings: Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Miscellaneous A. Governing Law. This Agreement shall be governed 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. B. 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 superseded 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. C. 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. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. 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. F. E-Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: Page 8 of 10 (1) the Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, 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 “D”, 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 the Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Consultant and the 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 subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and the 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 Consultant or its 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 Agreement, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Page 9 of 10 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. __X_ Fewer than 100 employees. The Consultant hereby agrees that, in the event the 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. G. 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 G in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES PROVIDED ON FOLLOWING PAGE] Page 10 of 10 CONSULTANT:__________________________________ ____________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title (President or Vice President for Corporation) Attest: [AFFIX CORPORATE SEAL] _______________________________________ Signature _______________________________________ Print Name _____________________________ Title: Corporate Secretary or Assistant Corporate Secretary City of Milton, Georgia Joe Lockwood, Mayor ___________________________________ [CITY SEAL] Attest: _______________________________________ Signature _______________________________________ Print Name City Clerk Title EXHIBIT “A” WORK DESCRIPTION REQUEST FOR WRITTEN BIDS FOR Household Paint and Chemicals Collections Event (HPCC) CITY OF MILTON, GEORGIA City of Milton, Georgia requests qualified individuals and firms with experience in household hazardous waste events to submit a cost proposal for a household paint and chemicals collections event (commonly referred to as a household hazardous waste collection event) that will be held on Saturday March 19, 2016 at Cambridge High School located in the City of Milton. It will include services to collect, handle, pack, lawfully transport, recycle, reuse, treat, and/or dispose (at a permitted disposal facility) household hazardous waste (HHW) material for the City of Milton, Georgia. Emailed responses to teresa.stickels@cityofmiltonga.us will be received no later than 5:00 PM Local Time on Monday Tuesday 9, 2016. City of Milton reserves the right to cancel or reject any and all proposals and to waive any technicalities or irregularities, and to award the contract based on the highest evaluation and in best interest of the City of Milton. I. INTRODUCTION Household Hazardous Waste (HHW) Defined as hazardous by 40 CFR part 261 and regulated as hazardous waste by the United States Environmental Protection Agency (EPA) under Subtitle D to the Resource Conservation and Recovery Act (RCRA) of 1976, 42 U.S.C.SS 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984, the Toxic Substance Control Act, 15, U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste, materials or substances which impose special handling or disposal requirements similar to those required by Subtitle C of RCRA; or A substance that is either found on one of several lists of hazardous wastes in the federal regulations or exhibits one of the four following hazardous waste characteristics: corrosivity (damaging to living tissue); ignitable (catches fire under certain conditions); toxic (causing injury or death if eaten or swallowed); or reactive (capable of causing an explosion). City of Milton desires to offer a program for the collection, packaging, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of household hazardous waste (HHW) materials as defined herein from residents throughout the City of Milton. It is believed that the disposal of HHW in municipal solids waste (MSW) landfills, sewers, septic systems, groundwater or other environmentally inappropriate sites poses a potential threat to the public health and safety. The purpose of the HPCC collection program is three-fold: 1. To increase the public’s awareness as to what constitutes HHW and potential dangers with improper disposal of these wastes, 2. To educate the public on recycling, reusing, treating, and/or disposing (at a permitted facility) HHW, and 3. To provide for the safe collection, handling, packing, lawful transportation, recycling, reuse, treatment, and/or disposal (at a permitted facility) of as much HHW as may be collected at the time of the event based on budget and participation. The collection event is planned to occur at Cambridge High School, 2845 Bethany Bend Milton, GA, 30004 on Saturday March 19, 2016; 9:00 AM - 1:00 PM. The facility has convenient access for citizens bringing HHW for recycling, reuse, treatment, or disposal at a RCRA approved disposal facility. The site will provide controlled access to the general public and will provide sufficiently paved area for staging vehicles bringing the material and for having multiple moving lines to an area where the material can be removed for analysis, inventory, and appropriate handling by the Contractor. Residents and householders of the City of Milton will be permitted to deliver HHW between the hours of 9:00 AM to 1:00 PM. The City of Milton reserves the right to change the collection site location provided at least fifteen (15) days written notice prior to the scheduled date is provided to the Contractor. II. SCOPE OF WORK A. Tasks 1. The Contractor shall manage all HHW delivered to the site by the general public. This includes providing an appropriate number of qualified chemists, technicians and appropriate staff to lawfully receive, identify, sort, package, label, load and transport waste received, as well as, enough general labor to expedite receiving materials during the event. Other events suggest that a staff capable of unloading 2 vehicles at a time (at a minimum) is needed as participants should remain in their vehicles. Responsibilities shall include, without limitation, the unloading of HHW from the general public’s vehicles, identifying the materials delivered, inventorying each item, packaging the material for safe transportation and storage, manifesting the HHW and loading the material onto Contractor vehicles for ultimate processing through recycling, reuse, treatment, and/ or disposal at a RCRA approved disposal facility. 2. The Contractor shall be the “generator” of the HHW from the standpoint of the United States Environmental Protection Agency (EPA) and the Georgia Department of Natural Resources Environmental Protection Division (GA-EPD). The Contractor shall comply with all municipal, state and federal regulations and laws, ordinances, rules and regulations. The Contractor shall obtain, at his own expense, all permits and licenses required by federal, state, or local law or ordinance, rule or regulation and maintain same in full force and effect. Waste acceptance, ownership and responsibility for necessary handling, packing, lawful transportation, storage, recycling, beneficial reuse, treatment, and/or disposal of wastes received at the collection site shall pass to the Contractor from the party delivering the acceptable waste at the time that party delivers to the collection event; 3. Contractor must offer for each material accepted (when applicable): First-Recycle Second-Fuel blend or reuse Third-Treatment Fourth-RCRA incineration Last Option- Land disposal B. Mobilization 1. The Contractor shall assemble all of the necessary personnel and equipment on the site of the collection effort no later than 8:00 a.m. on the day of the collection, so as to be ready to begin the processing of the vehicles bringing HHW promptly at 9:00 a.m. C. Site Operations 1. The Contractor shall be responsible for all site operations from the point where the general public vehicles containing the HHW move to the unloading area until the general public vehicles leave the unloading area. Upon arrival at the collection point the Contractor personnel, upon permission, shall open the doors of the vehicle and remove the HHW. 2. The Contractor shall have sufficient personnel to promptly handle at least two (2) vehicles at one time, leaving any non-acceptable materials in each vehicle and taking the acceptable materials to an area established for positive identification. 3. The collection day will be terminated at 1:00 p.m. or sooner at the direction of the Community Development Director, or her designee, at which time the public will not be allowed to enter the collection area. 4. The HHW Contractor will monitor the intake of materials and estimate the volume and costs during the event to ensure compliance with the budget. 5. At the end of the collection event, the Contractor shall provide to the City of Milton an estimated total weight for all HHW collected from residents/households. 6. The Contractor shall load all collected material into trucks, clean-up and stow all equipment at the end of the collection event. The Contractor shall ensure that nothing is left behind from the collection effort and shall ensure that the site is in as good or better condition in all respects than it was prior to set-up and preparation for the collection event. 7. The Contractor shall meet with the Community Development Director, or her designee on-site to ensure that the site is fully restored to its original condition. No vehicles or equipment shall remain at the collection site overnight after the day of collection. D. Handling, Packaging, Transportation, Reuse, Recycling, Treating and/ or Disposal: 1. Contractor shall provide all equipment, staff and materials necessary for the efficient collection and handling of all acceptable wastes received, and shall at all times operate the Collection Site and it Facilities in accordance with Applicable Law. 2. Contractor shall be responsible for lawful transportation, recycling, beneficial reuse, fuel blend, treatment, storage and/or disposal of all wastes received at the collection site and must follow all local, district, state, and federal regulations with regard to all disposal methods; 3. Contractor must provide documentation of where material will be disposed including location, ID and contact person; 4. All third party disposal companies must be insured by the primary Contractor; 5. Contractor shall be responsible for all costs and liabilities associated with a spill or accident if it occurs during loading and transition to the treatment center; 6. Contractor shall work under the immediate supervision of the City of Milton; 7. The Contractor shall provide written documentation (i.e., recycling certificate or other tracking documentation) of the ultimate reuse, recycling, treatment, and/or permitted approved disposal facilities, for HHW collected at the collection event. The Contractor shall also verify that all hazardous substances collected are disposed in a manner that constitutes strict adherence with EPA regulations. 8. In the unanticipated event any residual materials are left at the collection site after the event, Contractor agrees to pick up and dispose of materials properly. E. Recordkeeping, Administration and Reporting: 1. Contractor shall add the City of Milton and employees as additionally insured with waiver of subrogation for workers compensation; 2. Contractor shall provide an invoice for the event within three days after the collection. 3. Contractor shall complete and submit the “Record of Operations” within fifteen (15) calendar days after the event date which shall provide a summary of routine and extraordinary activities during the collection event. Final payment will be contingent on receipt and approval of this document 4. The site report shall include, but is not limited to the following: a) The quantities in units and number of drums of all waste received itemized by the waste type as listed in Attachment A. • Drum counts shall indicate the packing method (i.e., loose packed, Lab-Packed, or bulked) and Recycling, Beneficial Reuse or Disposal method for each drum. • Lab-Packed drums shall indicate: i. The actual weight of waste contained in each drum, ii. The average weight of waste per drum for each waste type, and iii. The cumulative average weight of waste per drum for each waste type. b) A report of the complaints received by the Contractor in connection with the Contractor’s operations under the Contract, with a summary of the Contractor’s response to the complaints, if any. c) An account of any extraordinary occurrences, accidents, or emergencies that arose during the collection event. F. City of Milton furnished property/services City of Milton will furnish traffic control barriers and additional personnel at the collection site to assist with the event. Before a vehicle reaches the unloading area, volunteers provided by the City of Milton, will check residency requirements and direct the resident to the proper unloading area. Additionally, City of Milton volunteers will distribute any educational and promotional items. Organization and monitoring of volunteer personnel will be the responsibility of the City of Milton. The City of Milton will provide signage to direct traffic to the site, site location, and scheduling. Residents will pre-register for the collection to ensure residency and to estimate HHW quantities. The City of Milton shall also notify the appropriate emergency response teams before the collection event. III. Indemnity and Insurance 1. The Contractor is an independent Contractor. The Contractor, its officers, agents or employees are not considered employees of the City of Milton for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City of Milton employee under state of local law. 2. The City of Milton assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Contractor, its employees and/or others by reason of the Contract. The Contractor shall protect, indemnify and hold harmless the City of Milton and its officers, agent and employees for and against any and all claims, costs and/or losses whatsoever occurring or resulting from (1) the Contractor’s failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Contractor of work, services, materials, and/or supplies by Contractor employees or other suppliers in connection with or in support of the performance of the Contract. 3. The Contractor further agrees that it is financially responsible for and will repay the City of Milton all indicated amounts following an audit examination on which reveals errors due to the negligence, intentional act and/or failure for any reason to comply with the terms of the Contract by the Contractor, it officers, employees, agents and/or representative. The Contractor shall protect, defend, indemnify, and hold harmless the City of Milton, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, and/or agents. The Contractor agrees that its obligations under this subparagraph extent to any claim, demand, and/or cause of action brought by or on behalf of any employees or agents. 4. Contractor shall procure and maintain for the entire duration of the event insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or Sub-contractors. The Contractor or Sub- contractor shall pay the cost of such insurance. The Contractor may furnish separate certificates of insurance and policy endorsements for each Sub-contractor as evidence of compliance with the insurance requirements of the Contract. 5. Contractor shall provide a copy of public Liability Insurance covering the period of its occupancy and uses of the premises, obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, with limits of not less than $1,000,000.00 for all damages arising out of bodily injuries or death of two or more persons in any one accident, and a limit of not less than $2,000,000.00 for all damages to or destruction of property in any one accident. This public liability policy shall insure the City and the Licensee against any liability, damage, claim or demand in any way arising out of or in connection with Licensee’s occupancy or use of the premises under this agreement. Licensee shall furnish the City with a copy of the policy and evidence of full payment of the premium thereon prior to occupancy and use of the premises, and said policy shall have a clause showing that the insurance is in force and cannot be cancelled prior to the occupancy and use of the premises by the Licensee in the absence of written notice by the insurer to the City prior to the occupancy and use of the premises. IV. RESPONSE FORMAT Responders are required to submit their price quote and supporting materials in the following 5 page format. PAGE 1. Qualifications and Experience • State the point of contact person for event. • Provide a brief description of the firm and its specific expertise in HHW projects. The contractor shall demonstrate that it has substantial expertise in all areas relating to the collection, handling, packing, lawfully transporting, recycling, reusing, treating, and/or disposal at an approved facility of HHW. • List three references of similar HHW events it was employed to conduct within the last 5 years, with contact information for the program manager. PAGE 2. Event Process and Procedures • Provide a narrative of the process and procedures describing the method of handling the HHW at the site and how the various items of HHW accepted will be inventoried and manifested. Include a typical event set up plan. PAGE 3-4. Contingency and Safety Plan • Provide a Contingency Plan to include the following elements: a. Describe provisions for the prevention of environmental contamination, the management and cleanup necessary, the prevention of explosions, fire or the release of toxic or hazardous substances. Include provisions on protecting storm water drains. b. Describe how the following will be handled: unknown wastes, inclement weather, spills of hazardous waste and accidents. c. Provide a typical or generic site health and safety plan. Designate a Health and Safety Officer to oversee the Health and Safety Plan. d. List all the emergency equipment and supplies proposed to bring to or provide at the site; list the names and telephone numbers of local emergency agencies, and the City of Milton, and federal agencies that must be contacted in the event of a fire, spill or other release at the collection site. e. List all of the equipment and/or supplies the contractor requires or expects the City of Milton, and other public and private agencies to bring to or provide at the sites. f. Describe provisions for material that could be dropped off after the closure of the event. P AGE 5. Cost Proposal • Contractor must provide pricing of the quantities set forth on the “Cost Proposal Form’ (Attachment A). Event costs shall not exceed the budgeted amount of $12,000. A. Expenses of Preparing Responses to this RFP The City of Milton accepts no responsibility for any expenses incurred by the responders to this RFP. Such expenses are to be borne exclusively by the responders. All information submitted in your response to this RFQ shall be subject to the Georgia Open Records Act and shall not be deemed to be confidential unless otherwise stated in the submission by reference to specific provisions that apply as specific exceptions to the Open Records Act. V. EVALUATION CRITERIA 25% Qualifications and Experience (Pages 1 of Response Format) 25% Event Process and Procedures (Page 2 of Response Format) 25% Contingency and Safety Plan (Page 3-4 of Response Format) 25% Cost Proposal (Page 5 of Response Format) THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE INFORMALITIES, AND RE-ADVERTISE FOR ANY REASON. IT IS THE SOLE DISCRECTION OF THE CITY TO AWARD A CONTRACT TO THE SUCCESSFUL LOWEST, RESPONSIBLE, AND RESPONSIVE VENDOR. Attachment A Cost Proposal Form Household Hazardous Waste & Paint Collection City of Milton **Primary Estimated Method of Quantity ***Price/ Item Waste Description Disposal in Pounds Pound $ Total Price 1 Base Oil based paint, stains, thinners and paint strippers, solvents and varnishes, wood preservatives 9,200 1a Aerosol/spray paint 500 2 Latex and water based paints 6,000 3 Mercury Mercury salts and elemental mercury thermometers, thermostats, and other mercury containing items 50 3a Fluorescent bulbs and ballasts 200 4 Lawn care products Poisons, insecticides, weed killer and pesticides, Aerosol/spray pesticides 2,000 5 Automotive Products Engine Degreaser, Brake Fluid, Transmission Fluid, etc. 200 6 Cleaners, Corrosives, Spot Removers, Acids and Bases 600 6a Oxidizers 200 7 Flammables Lighter Fluid and Waste Fuels (As Kerosene, Gasoline, Diesel, etc.) 500 8 Batteries Household and Rechargeable 150 9 Mobilization charges, including all labor, equipment, supplies, insurance and/or additional charges. $ Total Price $ Attach appropriate supporting documentation **Primary method of disposal (i.e. recycle, reuse/fuel blend, incineration, landfill ***Collection, handling, transportation, and disposal. Actual price will be actual quantities times “Price per pound” Company Name and Title of Person authorized to sign Signature Date City of Milton, Georgia Household Hazardous Waste & Paint Collection (HPCC) February 9th, 2016 ECOFLO, Inc. ECOFLO Southeast, Inc. ECOFLO, Inc. Transfer Station 2750 Patterson Street 300 Swett Avenue 1059 Kings Mill Road Greensboro, INC. 27407 Americus, GA. 31709 York, PA. 17403 ECOFLO, Inc. Greensboro, NC. ECOFLO Taking The Hazard Out OF Waste Management February 8th, 2o16 Teresa Stickels Sustainability Coordinator 13000 Deerfield Pkwy, Suite #107F Milton, GA. 30004 (678)242-2509 Re: City of Milton, Georgia —Household Paint and Chemicals Collection Event Dear Ms. Stickels, ECOFLO, Inc. (EPA ID# NCD98o842132) is pleased to have the opportunity to provide the enclosed proposal in response to your recent solicitation requesting the assistance of a firm willing to conduct a Household Hazardous Waste event for the City of Milton, Georgia. ECOFLO has been involved with the collection of Household Hazardous Waste since 1994 when it established a permanent HHW collection site for the City of Greensboro, NC. Since then, ECOFLO has contracted to operate multiple permanent collection facilities, such as Mecklenburg County, NC (Charlotte) and Wake County, NC. (Raleigh), for operational and disposal services at their permanent collection sites. In addition, ECOFLO has managed numerous single -day events for municipalities, as well as private companies who are conducting HHW events for their employees and / or their local community. For nearly thirty five years, ECOFLO has been providing environmental services to a wide variety of customers. We proudly stand behind our compliance and service records, reputable client feedback and exquisite customer service, further reinforcing our position as a leader in both the environmental services and hazardous waste management industries. Please do not hesitate to contact me if you have any questions or concerns. I can be reached by phone at: (336) 617-2724, ext: 252, or by email at: njoseph@ecoflo.com. Sincerely, Ni ole L. Joseph P icing & Proposal Coordinator ECOFLO, Inc. 2750 Patterson St. Greensboro, NC. 27407 City of Milton, GA Household Paint and Chemicals Collections Event (HPCC) ECOFLO, Inc. Greensboro, NC. CONTENTS: Page One — Qualifications & Experience General Company Information Company Profile References Page Two — Event Process -& Procedures - Event Organization Page Three / Four— Contingency & Safety Plan Household Hazardous Waste Contingency Plan Provisions for Protecting Storm Water Drains Attachment A—Cost Proposal Form Appendix - General Certification of Insurance - End -Disposal Facility Listing City of Milton, GA Household Paint and Chemicals Collections Event (HPLC) GENERAL COMPANY INFORMATION: ECOFLO, Inc. — Main Facility & Office 2750 Patterson Street Greensboro, NC. 27407 Main Line: (800) 999-6510 After Hours Answering Service: (855) 302-6565 EPA ID#: NCD980842132 CONTACT INFORMATION: Paul McAllister- — — President, CEO Office: (336) 617-2729 Fax: (866) 593-8898 E -Mail: Pmcallister(a)ecoflo.com Bobby Owens HHW Program Coordinator Cell: (336) 317-4436 E -Mail: Bowensoecoflo.com COMPANY PROFILE: ECOFLO, Inc. Greensboro, INC. Kenn Webb VP — Facilities Operation Office: (336) 627-2733 Cell: (336) 324-6789 Fax: (866) 929-0371 E -Mail: Kwebb(a)ecoflo.com Nicole Joseph Pricing & Proposal Coordinator Office: (336) 617-2724 Fax: (336) 855-4132 E -Mail: njoseph(aDeccflo.com ECOFLO is a privately held corporation organized under the laws of the State of Maryland in 1982. In January of 2007, ECOFLO, Inc. became a wholly-owned subsidiary of ECOFLO Holding, Inc., a privately held corporation organized under the laws of the State of North Carolina. ECOFLO Holding, Inc. also owns ECOFLO Southeast, Inc., a privately held corporation also organized under the laws of the State of North Carolina. The Greensboro site was purchased in September 1983, with the Resource Conservation Recovery Act (RCRA) permitting processing commencing with our approval in July 1985. Construction was completed on the main facility in early 1988. The Greensboro facility was the first "greenfield" site to receive a Part B permit under the Resource Conservation Recovery Act (RCRA). ECOFLO also received interim status under the Toxic Substances Control Act (TSCA) to store Polychlorinated Biphenyl (PCB) waste in 199o, and received its final permitting for such in 2002. ECOFLO is in the business of providing industrial and hazardous waste -related services to a broad cross-section of clients including Fortune-5oo companies, small business, municipalities, school systems and federal agencies. Operating throughout the Southeastern portion of the United States, ECOFLO works closely with federal, state and municipal government guidelines to maintain the highest standards of safety and regulatory compliance. It has also gained a reputation for developing creative and innovative solutions to some of the toughest waste management problems. City of Milton, GA Household Paint and Chemicals Collections Event (HPCC) ECOFLO, Inc. Greensboro, NC. ECOFLO has been involved in the collection of Household Hazardous Waste since 1994, when the company first established its permanent HHW collection site offering free drop off of used motor oil to the local community at our fully permitted RCRA Part B Treatment, Storage & Disposal facility and main office location in Greensboro, NC. Since that time, ECOFLO has been contracted to operate multiple permanent collection facilities throughout the state of North Carolina, as well as managing numerous one -day events each year for municipalities throughout the Mid -Atlantic and Southeastern regions. REFERENCES: CITY OF DUNWOODY, GA. Contact Name: Rebecca Keefer Title: City Planner WAKE COUNTY, NC Contact Name: Lowell Shaw Title: Solid Waste Facility Manager MECKLENBURG COUNTY, NC Contact Name: Nezzie Russel Title: Operations Manager - Mecklenburg County Solid Waste Mgmt. CITY OF GREENSBORO, NC Contact Name: Eddie Raynard Title: Environmental Compliance Specialist YORK COUNTY, SC Contact Name: Arthur Ligon Title: Supervisor, York County Solid Waste Collection & Recycling Phone: (678) 382-6811 Phone: (gig) 856-6201 Phone: (704) 336-5371 Phone: (336) 373-7972 Phone: (803) 628-3195 City of Milton, GA Household Paint and Chemicals Collections Event (HPCC) ECOFLO, Inc. Greensboro, NC. EVENT ORGANIZATION: ECOFLO� personnel will arrive on-site approximately 1-2 hours priorto the start of the event and will determine if inclement weather procedures need to be implemented. ECOFLO will unload the equipment and supplies to be used during the event, including setting up spill containment and spill countermeasure supplies. (Please see Appendix is Provisions for Protecting Storm Drains). The Project Manager will determine the most strategic, efficient and effective locations for spill prevention and response equipment. ECOFLO personnel will set up collection and segregation stations and position supplies. The Project Manager will also notify the appropriate City of Milton representative when ECOFLO is ready to begin accepting event participants. ECOFLO recommends a greeter be placed at a convenient location to direct cars as they enter the final unloading area. Unloaders are the first to approach an automobile and will, upon permission of the resident, unload materials from the vehicle with rolling carts (equipped with spill containment measures) to a segregation table. Chemists and Technicians will segregate items by hazards class and determine the best method for handling (bulking or loose -packing). Loose -packing chemicals by hazard class is the preferred method for most HHW material as it maintains a steady unloading pace. Items requiring further identification will be fingerprinted by the Chemist with field test kits for proper packaging. ECOFLO will provide continuous contact with City of Milton personnel regarding any waste collection questions or concerns. ECOFLO will closely monitor both the participant and container volumes to ensure that the event remains within the parameters specified within the contract. Approximately one hour prior to the conclusion of the event, ECOFLO personnel will begin to load any materials already prepared for shipping. Upon the closure of the event, ECOFLO will continue to process and load collected materials for shipping. ECOFLO will contact the appropriate City of Milton representative to determine if any additional materials have been dropped off. When all materials have been collected and packaged, ECOFLO personnel will then remove secondary containment equipment and clean the area. The ECOFLO site chemist will prepare shipping paperwork and upon completion will contact the City of Milton repetitive to provide copies of the shipping documents and get a proper signature for the manifest. ECOFLO personnel will inspect the site for any additional housekeeping needs prior to leaving the site. City of Milton, GA Figure is City of Milton, GA. - HHW Site Plan Household Paint and Chemicals Collections Event (HPCC) Household Hazardous Waste Contingency Plan EC13FLO a. Containment carts (laboratory type) will be utilized during the unloading process when leaking containers are first noticed. Pour up or overpacking items in larger containers is the solution for those items that are posing a threat to leakage. In addition, rags and absorbent material are readily available near all unloading carts as well as on the segregation table. Storm drains are protected when slopes at the collection pose threat with a combination of oil dry bags (filled with clay absorbent) and plastic. If possible, any area with storm drains will be avoided as a site for handling HHW Collection. b. ECOFLO will manage continue to collect HHW during rain; however, if severe weather including tornadoes or lightning threaten safety, safe havens will be determined for egress. Spills that are caused by ECOFLO personnel will be the responsibility of ECOFLO to cleanup. All cleanup media and equipment will be available on site during the HHW Collection Event. If a material appears to differ from the description provided by the resident, the container will be set aside from other materials. ECOFLO will perform sampling and simple analysis for PH, compatibility, and water solubility. The compatibility test is only performed if deemed necessary and if the waste is to be consolidated at the HHW collection site. if a waste cannot be identified using resident knowledge, visual inspection, and simple testing, ECOFLUs Field Chemists will perform field analysis to determine the DOT classifications. Spill Prevention Plastic sheeting is placed under all working areas where spills are likely to occur. All bulk containers will be fully lined to prevent leakage, including non -hazardous containers. Spill prevention shall also constitute careful chemist/technician observation of all collection, identification, packaging, and loading steps. Spill Control Absorbent pillows and powder will be stationed at each collection and segregation point. A spill station will be stocked and strategically placed in order to minimize travel of the spill and allow for the most immediate response, including quick access to cover/dike storm drains. In the unlikely event of a spill, sufficient equipment Is on -hand including but not limited to: 1) Hazorb spill pillows and booms; 5) Non -sparking shovels; 2) 3M petroleum only booms; 6) Mercury spill kit; 3) Oil dry; 4) Hazorb bulk acid/ caustic neutralizer; 7) Brooms; and 8) Shovels. It shall be the responsibility of the Site Project Manager on duty at the rime of the spill incident to report immediately, by telephone or in person to the following persons: 1) Primary Contact Kenn Webb—Project Manager Home Phone: (336) 348-1660, Office Phone: (336) 855-7925; Cell: (336) 324-6789 Household Hazardous Waste Contingency Plan ECEIFLQ nuym,,.., ., wp•ab Wpmq Emergency Contacts — City of Milton 2) Fire Dept. & Rescue Squad: 911 or 770-740-2422 (15240 Thompson Rd., Milton, GA) Police: 911 or 770-297-6300 option 1(Non-Emergency) Hospital/ EMT: 770-751-2500 (North Fulton) If a spill has occurs, the following agencies may be notified, but is usually not required for HHW material: • GA Environmental Protection Div. • National Response Center Phone: 1-888-373-5947 Phone; (800) 424-880 Any material that is the result of a spill at the site will be treated, stored, or disposed of in accordance with this plan. Leaking containers will be emptied or overpacked immediately upon their discovery and will not be reused. All areas that have been impacted by the spill will be closed until the affected area has been cleaned up. C. See Appendix for Typical Health and Safety Plan (HASP). A site specific plan will be developed for the City of Milton upon award of project. This will include assignments specific to Health and Safety Officer for the collection project. All project HASPs completed by ECOFLO are under the review of Ray Dudley — Manager, Compliance Health & Safety. d. Supplies that ECOFLO will provide to include the following: Fork lift Canopy Trucks with full size lift gates Palletjack Drum dollies Fire extinguishers First aid kits Eyewashes Emergency Shower Full -face respirators Tyvek coveralls leather gloves Chemical resistant gloves Shovels and brooms Safety glasses/goggles Oil dry Absorbent booms Spill pads Neutralizers Plastic sheets Vermiculite Tool box 85 gallon overpacks 55 gallon steel drums 30 gallon fiber drums lab pack containers 5 gallon plastic palls 2 cubic feet fiber drums Cubic yard boxes Box liners Labels Unknown testing kits 'Note: ECOFLO will provide Scales for weighing material prior to shipment off site. (see Page 6) e. Other than to support traffic control and provide any specific surveys that are required by City of Milton, ECOFLO does not require any materials or supplies to be provided by City of local personnel for the HHW Collection. f. With trucks in the area of Milton on a weekly basis, any return for "late drop off' will be coordinated at the convenience of Milton personnel. Disposal rates will apply with no charge on mobilization for up to two return trips. Further trips, if necessary, will be negotiated for mobilization rates. Provisions for Protecting Storm Water Drains Storm water drains will be protected from spills and runoff through an assortment of methods. The first step is to identify the storm drains potentially affected by Household Hazardous Waste operations. Once these drains are located ECOFLO will make every attempt to locate the collection of materials away from those drains to mitigate the potential for contamination. Work Area Ground Covering During the course of HHW collection events, ECOFLO implements a strategy of spill protection that begins with using polypropylene sheeting to cover the entire work area. All HHW operations after the initial collection/unloading of materials will take place on this ground covering to mitigate the risk of potential contamination. Grading Run-off In the event the grading of the work area is of concern, ECOFLO will take steps to diminish the potential impact of any spills by damming the low side grading of the work area with socks or absorbent material. This method of protection will shield the surrounding area from potential chemicall run-off. Curb Style Storm Drain Curb style storm drains will be protected by placing an approved sock/boom device. The sock/boom will be placed around the storm drain to alleviate the potential for storm drain contamination. This style of drain [protection will collect leaked contaminates before they enter the storm drain. Grate Style Storm Drain Grate style storm drains with the possibility of being affected by HHW operations will be protected by using a barrier of polypropylene in conjunction with absorbent material to cover the drain. This barrier method protects the storm drain in the event of a spill. Secondary Spill Containment The majority of materials collected during the course of an HHW event are loose packed. This provides a secondary containment method utilizing the packaging as a barrier to safe -guard against original container failures. This secondary containment method effectively diminishes risk for most leaks. Material Handling Personnel package and remove materials from the work area immediately following the collection of HHW products. This will be achieved by using approved material handling devices including drum dollies, pallet jacks, form lifts or other approved devices. By removing materials as soon as they are packaged the risk for a potential spill is effectively mitigated in many instances. Spill Pallets In the event that a risk exists for storm drain protection that cannot be mitigated to an acceptable level using the aforementioned methods ECOFLO will implement a plan to include the use of spill containment pallets for those materials being poured up during an HHW collection event. This effectively collects any material that could be lost due to a failed packaging item. Attachment A Cost Proposal Form Household Hazardous Waste & Paint Collection City of Milton "Primary Estimated Method of Quantity ***Price/ Item Waste Description Disposal in Pounds Pound S Total Price I Base Oil based paint, stains, thinners and paint strippers, solvents and varnishes, wood preservatives Fuel Blend 9,200 $0.25 $2,300.00 In Aerosol/spray paint _ _Fuel Blend -500 $0.75— 1 $375.00-- 2 Latex and water based paints Recycle 6,000 $0.20 $1,200.00 3 Mercury Mercury salts and elemental mercury thermometers, thermostats, and other mercury containing items Treatment (Retort) 50 $2 00 $100.00 3a Fluorescent bulbs and ballasts Recycle 200 $0.75 $150.00 4 Lawn care products Poisons, insecticides, weed killer and pesticides, Aerosol/spray pesticides Incineration 2,000 $0.75 $1,500.00 5 Automotive Products Engine Degreaser, Brake Fluid, Transmission Fluid, etc. Fuel Blend 200 $0.25 $50.00 6 Cleaners, Corrosives, Spot Removers, Acids and Bases Neutralization 600 $0.25 $150.00 6a Oxidizers Incineration 20 0 $0.75 $150.00 7 Flammables Lighter Fluid and Waste Fuels (As Kerosene, Gasoline, Diesel, etc.) Fuel Blend 500 $0.50 $250.00 8 Batteries Household and Rechar eable Recycle 150 $0.50 $75.00 9 Mobilization charges, including all labor, equipment, supplies, insurance and/or additional charges. $ 3,670.00 Total Price 1 1 g 9,970.00 Attach appropriate supporting documentation **Primary method of disposal (i.e. recycle, reuse/fuel blend, incineration, landfill ***Collection, handling, transportation, and disposal. Actual price will be actual quantities times "Price per pound" ECOFLO. Inc. Charlie Witzke, CFO Company Name and Title of Person authorized to sign Signature February 8th. 2016 Date ECOFINC-01 KHARATSJ sa�o,Ra CERTIFICATE OF LIABILITY INSURANCE DA12/3012015 ) 12/3012015 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 BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Maryland. Inc. P.O. Box 13784 Newark, NJ 07188.0784 CONTACT NAME: Willis Certificate Center PHONE 877 845-7376 FAX AIC No Exik( ) (AIC Na): (888) 467-2378 nooness: certificates@willis.com INSURER(S) AFFORDING COVERAGE I NAICM A INSURER A: Greenwich Insurance Company 22322 INSURED ECOFLO Holding, Inc., ECOFLO Inc. INSURER 8: XL Specialty Insurance Company 137885 -INSURER C:- Ecoflo Southeast, Inc., Ecoflo Logistics, LLC INSURER D Ecoflo Field Services, LLC, Ecoflo Recycling, LLC 2750 Patterson Street Greensboro, NC 27407INSURER E : INSURER F GEC000514416 COVERAGES CERTIFICATE NUMBER: RFVIRIOMNUMRPR- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IN D POLICY NUMBER POLI MMIDDIWYY P LICY EI(Is faMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CI -AIMS -MADE ! X j OCCUR GEC000514416 12131@015 12/31/2016, PREMISES (Ed S 100,00 _MED EXP (My one perspn) l$ 15,000 I PERSONAL& ADV INJURY $ 1,000,00 GENT AGGREGATE LIMIT APPLIES PER: I GENERALAGGREGATE $ 2,000,00 POLICY PRO. a LOC PRODUCTS-COMP/OP AGO $ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea -_l l$ 1.000.00 A X'. ANY AUTG AEC000514516 12/3112015112131120161 son _ e001LYIwURY(Par person) $ ALL OWNED l SCHEDULED AUTOS C AUTOS?NON-0WNEO ' $ AUTOS ' PERTYDAMAGEHIREDAUTOS cdtlem$ L��DILYIMURY(Pe,.cridrmtj $ X UMBRELLA LIAR X i OCCUR H OCCURRENCE $ 10,000,000 B EXCESS LIAR CLAIMS -MADE UEC000514916 12/3112015! 12/31/2016 AGGREGATE $ 10,000,000 DED I X I RETENTION$ 10.000 $ COMPENSATION PER OT - X STATUTE_ yER IWORKERS ANOEMPLOYERS'LIABIUTY YIN EL EACH ACCIDEW $ 506,06 B ANY PROPRIETGRIPARTNERIEXECWIVE 'WEC000515016 12131/20151213112016 OFFICERIMEMBER EXCLUDED'+ � N/A E.L. DISE-EAEMPLOYE $ 500,00 (Mandatory In NH) I If as, descdbe under E.L. DISEASE -POLICY LIMIT .$ 500,00 DESCRIPTION OF OPERATIONS below l i � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule. may be attached if more space is required) Automobile Liability: Includes MCS90 Endorsement for Hazardous Waste Ecoflo, Inc. 2750 Patterson Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT`HORQEDED REPRESENTATIVE Y1� CO 1988-2014 ACORD CORPORATION_ All riahts ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ECOFLO® — End -Disposal Facilities Facility Name & Address Recycling, Treatment or Disposal ECOFLO, Inc. 2750 Patterson Street Fuel blending, consolidation, storage & transfer. Greensboro, NC. 27407 EPA ID# NCD980842132 Phone: (336) 855-7925 AERO 2591 Mitchell Avenue Recycling of mercury devices, fluorescent light tubes Allentown, PA. 18103 PAD987367216 Phone: (800)554-2372 Covanta / Ogden Martin Non -hazardous waste -to -energy. Prefers materials to be in roll - 9898 Furnace Road offs. Drums or sacs will incur additional charges and Lorton, VA. 22079 EPA ID# VAD988227849 notification in scheduling. Phone: (703) 690-6860 Mercury Waste Solutions, Inc. 21211 Durand Avenue Recycling of mercury devices, fluorescent light tubes _ Union Grove, WI. 53182 EPA ID# WIR000000356 Phone: (262)878-2599 Waste Technologies Industries (Wil) / Heritage Incineration of solids and liquids, both drums and bulk, as well 1250 Saint George Street E.Liverpool, OH. 43920 as lab packs. EPA ID# OHD980613541 Phone: (330) 385-7337 or(330)386-2167 Geocycle / HOLCIM 2175 Gardner Blvd. Consolidated materials for energy recovery. Holly Hill, SC. 29059 EPA ID#SCDO03368891 Phone: (803) 496-7504 Clean Harbors Incineration of lab packs, pesticides, herbicides and high solid 1015 Louisiana Avenue EI Dorado, AR. 71730 flammable material. EPA ID# ARD069748192 Chemical Waste Management—Emelle 36964 AL -17 Sub -Title C Landfill Emelle, AL. 35459 EXHIBIT “B” [RESERVED] EXHIBIT “C” 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 _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “D” SUBCONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF _________________ 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 _____________________________ on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13 -10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor ____________________________ Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager Approval of a Contract with eCivis, Inc. for a Two -Year Subscription to Web -Based Grants Management Software. Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (i�-VES () NO CITY ATTORNEY REVIEW REQUIRED: Wy ES () NO APPROVAL BY CITY ATTORNEY (PROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS osjo��2��� ©YOM - PHONE: 678.242.25001 FAX: 678.242.2499 GI'eE11 'FCr¢ified info@cityofmiltonga.us I www.cityofmiltonga.us ��!i Community ,Echics��� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 17, 2016 for the March 7, 2016 Regular Council Meeting Agenda Item: Approval of a Contract with eCivis, Inc. for a Two-Year Subscription to Web- Based Grants Management Software Department Recommendation: Approve the agreement as presented. Executive Summary: For over 15 years, eCivis, Inc. has provided web-based grants management software to thousands of state, local and tribal governments large and small. The database is continuously updated by their research team to ensure the grants are legitimate funding opportunities for their clients. The grant information is compiled and summarized in an easy-to-understand format allowing the user to readily find and process the data. This database streamlines the workload in researching available grant opportunities and provides Milton with another funding resource for our capital projects. Funding and Fiscal Impact: The annual subscription cost is $4,897. Alternatives: Reject the agreement and continue with the current method of identifying grant opportunities. Legal Review: Sam VanVolkenburg – Jarrard & Davis (2/16/16) Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): Agreement with eCivis, Inc. i Q �( �( l l`l�l L.� C 1 V L S Vow, lands for graals success.' This Agreement is made by and between: eCivis, Inc., a Delaware corporation ("eCivis") 418 N. Fair Oaks Ave. #301 Pasadena, CA 91103 Fax: (626) 628-3232 Sales Contact: Lauren Powell Page 1 of 7 ECIVIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT Date 2/17/2016 Contract No. 10304 and City of Milton, GA ("Customer") 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Phone: 678-242-2488 Principal Contact and Master Access Holder: Steven Krokoff, Interim City Manager This Agreement sets forth the business relationship between the parties and the terms and conditions under which the following products are licensed and Services are provided to Customer, and supersedes all previous agreements between eCivis and Customer. GN: Insiahr Handbooks, Manuals, ForrnB, News 8 Best Practice 1 $149.00 $149.00 Product Sub -Total $149.00 GN: Pre -Award AND Post -Award - 3 User Pre -Award AND Post -Award Grants Management 1 $5,880.00 $5,880.00 Licenses System GN: Recurring Annual Subscription Fee Sub -Total $5,880.00 Multi-year Discount ($882.00) Incentive Discount ($250.00) TOTAL PRICE $4,897.00 The total amount paid under this Agreement as compensation for Services in a calendar year shall not, in any case, exceed $4,897.00. No Professional Services have been purchased. Subscription Period(s) and Payment Terms The Subscription Period of this Agreement will conclude 2/28/2018. Payment is due net 30 days from Invoice date. Cycle 1: 3/01/2016 through 2/28/2017 for a price of $4,897 Cycle 2: 3/01/2017 through 2/28/2018 for a price of $4,897 PRICE IS ONLY VALID IF AGREEMENT IS SIGNED ON OR BEFORE: 12:OOAM PST, February 29, 2016. [SIGNATURES ON FOLLOWING PAGE] 10304_160115125512 Page 2 of 7 IN WITNESS WHEREOF, the parties hereto have caused to be executed or executed this Agreement as of the day and year first above written. Accepted By: City of Milton, GA Accepted By: eCivis, Inc Z, By: By: (Authorized Signature)uthorized Signature) Name: N rne: vw of (type or print) (type or print) U Title: Title: V President/Vice President Date: Date: ( / Zh� ! [CITY SEAL] [CORPORATE SEAL] Attest: Attest By: By: (Authorized Signature) (Authorized S�iggn re) Name: 1, ��,(A�.ut Name: K./C 11'1f lUl1%E E60q& _ & (type or print) (type or print) Title: City Clerk Title: ---to Seffetew) NJ? Fiv>Lance Adf�in�sh2cha✓) • Send invoice to (if different than address above): 10304_160115125512 Page 3 of 7 eCivis Master Subscription and Service Agreement THIS MASTER SUBSCRIPTION AND SERVICE AGREEMENT ("AGREEMENT') GOVERNS YOUR ACQUISITION AND USE OF ALL OUR SERVICES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. This Agreement was last updated on July 31, 2015. It is effective between You and Us as of the date of You accepting this Agreement. Table of Contents 1. Definitions 2. Purchased Services 3. Use of the Services 4. Reserved. 5. Fees and Payment for Purchased Services 6. Proprietary Rights 7. Confidentiality 8. Warranties and Disclaimers 9. Limitation of Liability 10. Term and Termination 11. Governing Law and Jurisdiction 12. General Provisions 13. Indemnification 1. DEFINITIONS "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. "Professional Services" means work performed by Us for You by Our professional services division under this Agreement or any relevant purchase order. Such work may include, but not limited to, Grant Writing, Peer Review, Technical Assistance and/or Training services. "Purchased Services" means Services that You or Your Affiliates purchase under this Agreement for Grants NetworkTM products and Professional Services. "Services" means the products and services that are ordered by You and made available by Us online via the customer login link at http://www.ecivis.com and/or other web pages designated by Us. "Users" means individuals who are authorized by You to use the Services, and who have been supplied user identifications and passwords by You (or by Us at Your request). Users are limited to Your employees. Non -employees such as Consultants, contractors and agents, and third parties with which You transact business may not be granted access. "We," "Us" or "Our" means eCivis, a Delaware corporation. "You" or "Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity. "Your Data" means all electronic data or information submitted by You to the Purchased Services. 2. PURCHASED SERVICES 10304_160115125512 Page 4 of 7 2.1. Provision of Purchased Services. We shall make the Purchased Services available to You pursuant to this Agreement and any relevant Purchase Order during a subscription term. You agree that Your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features. 2.2. User Subscriptions. Unless otherwise specified in writing, (i) Services are purchased as User subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and (iii) the added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services. 3. USE OF THE SERVICES 3.1. Our Responsibilities. We shall: (i) provide Our basic support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Pacific Time), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations, including without limitation the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). 3.2. Our Protection of Your Data. We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Section 7.3 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters. 3.3. Your Responsibilities. You shall (i) be responsible for Users' compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the user guide and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third -parry privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third -party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. However, You shall not be liable for non -negligent or non -willful failure to perform Your responsibilities nor shall You be deemed in default due to: (a) any cause beyond Your reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by Your employees and/or agents; (f) delay or failure to act by any governmental or military authority (excluding You); or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. 3.4. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on the number of grants that can be managed in Our Grants Network T^' Tracking & Reporting product, on the number of grant applications, peer reviews and/or trainings provided by Us. Any such limitations are specified in the signature page of this Agreement. 3.5. Third Party Data. We do not own data or files submitted to Grants Network by third parties. You assume all risks that may occur from downloading third -party data or files. 4.RESERVED 4.1. Reserved. 4.2. Reserved. 4.3. Reserved. 4.4. Reserved. 4.5. Reserved. 5. FEES AND PAYMENT FOR PURCHASED SERVICES 5.1. Fees. You shall pay all fees specified under this Agreement. Except as otherwise specified herein, (i) fees are based on Services purchased and not actual usage for Purchased Services, (ii) payment obligations are non -cancelable and fees paid are non-refundable and will not result in any refund or credit and (iii) the number of User subscriptions purchased cannot be decreased during the relevant subscription term. 5.2. Invoicing and Payment. You will provide Us with valid and updated credit card information, or pay by check. If You provide credit card information to Us, You authorize Us to charge such credit card for all Services listed under this Agreement for the initial subscription term and any renewal subscription term(s) as set forth in Section 10.2 (Term of Purchased User Subscriptions). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated under this Agreement. Unless otherwise stated in this Agreement, invoice charge(s) are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information. 5.3. Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in Section 5.2 (Invoicing and Payment). 5.4. Suspension of Service and Acceleration. If any amount owing by You under this or any other agreement for Our Services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our 10304_160115125512 Page 5 of 7 other rights and remedies, suspend Our Services to You until such amounts are paid in full. We will give You at least 7 days' prior notice that Your account is overdue. 5.5. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against it based on Our income, property and employees. 6. PROPRIETARY RIGHTS 6.1.1. Rights Subject to the Georgia Open Records Act. The parties acknowledge and agree that the each will comply with all applicable law, including the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.), and that all provisions of this Section 6 shall apply only to the extent not inconsistent with that Act. 6.1.2. Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. 6.2. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form, (ii) create derivate works based on the Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. 6.3. Your Applications and Code. If You, a third party acting on Your behalf, or a User creates applications or program code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Us to provide the Services in accordance with this Agreement. Subject to the above, We acquire no right, title or interest from You or Your licensors under this Agreement in or to such applications or program code, including any intellectual property rights therein. 6.4. Your Data. Subject to the limited rights granted by You hereunder, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data, including any intellectual property rights therein. All reports, designs, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared by You or your agents or employees using the Services shall be Your property, and You shall be entitled to full access to and copies of all such materials. 6.5. Suggestions. We shall have a royalty -free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services. 7. CONFIDENTIALITY 7.1.1 Confidentiality Subject to the Georgia Open Records Act. The parties acknowledge and agree that each will comply with all applicable law, including the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.), and that all provisions of this Section 7 shall apply only to the extent not inconsistent with that Act. Confidential Information is subject to open records requirements defined by state statute, unless explicitly exempt under state statute, and no part of this Agreement shall prohibit either party from disclosing Confidential Information to the extent required by law or court order. 7.1.2. Definition of Confidential Information. Your Confidential Information shall include Your Data; Our Confidential Information shall include the software underlying the Services; and Confidential Information of each party shall include trade secret information, as well as business and marketing plans, technology and technical information, product plans and designs, and business process disclosed by Us, provided that such plans, technology and technical information, product plans and designs, and businesses processes are prominently labelled by US as confidential.. Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. 7.2. Protection of Confidential Information. Except as required by law, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and agrees (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement. 7.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by lawto do so, provided the Receiving Party gives reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information. 8. WARRANTIES AND DISCLAIMERS 8.1. Our Warranties. We warrant that (i) We have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with this Agreement, (iii) We will not transmit Malicious Code to You, provided it is not a breach of this subpart (iv) if You or a User uploads a file containing Malicious Code into the Services and later downloads that file containing Malicious Code. For any breach of a warranty above, Your exclusive remedy shall be as provided in Section 10.3 (Termination for Cause) below. 8.2. Your Warranties. You warrant that You have validly entered into this Agreement and have the legal power to do so. 8.3. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING 10304_160115125512 Page 6 of 7 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 9. LIMITATION OF LIABILITY 9.1. Limitation of Liability. NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMITYOUR PAYMENT OBLIGATIONS UNDER SECTION 5 (FEES AND PAYMENT FOR PURCHASED SERVICES). 9.2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 10, TERM AND TERMINATION 10.1. Term of Agreement. This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated. 10.2. Term of Purchased User Subscriptions. User subscriptions purchased by You commence on the start date specified under this Agreement and continue for the subscription term specified herein. 10.3.1 Termination by Operation of Law. The parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on Your part on December 31 of each calendar year of the Term. Further, this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term unless You provide Us with written notice of non -renewal at least five days' prior to the end of the current calendar year of the Term. No refunds will be given for any payment received for the current calendar year of the Term, and all payment obligations for the current calendar year of the Tenn will remain due and payable. Title to any supplies, materials, equipment, or other personal property shall remain in Us until fully paid for by You. 10.3.2. Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) effective immediately upon notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 10.4. Return of Your Data. Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data in comma separated value (.csv) format along with attachments in their native format. After such 30 -day period, with the exception of making Data available for download for a reasonable time after a timely request, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control. 10.5. Surviving Provisions. Section 5 (Fees and Payment for Purchased Services), 6 (Proprietary Rights), 7 (Confidentiality), 8.3 (Disclaimer), 9 (Limitation of Liability), 10.4 (Return of Your Data), 11 (Governing Law and Jurisdiction), 12 (General Provisions) and 13 (Indemnification) shall survive any termination or expiration of this Agreement. 10.6. Reserved. 11. GOVERNING LAW AND JURISDICTION 11.1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia as it applies to a contract made and performed in such state. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and We submit to the jurisdiction and venue of such court. 12. GENERAL PROVISIONS 12.1.1. Anti -Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our Legal Department (legal @ ecivis.com). 12.1.2. Compliance with City Ethics. You and We acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City of Milton 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. You and We 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 a higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 12.2. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 12.3. No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. 12.4. Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. 10304_160115125512 Page 7 of 7 12.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. 12.6. RESERVED. 12.7. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non -assigning party's election, termination of this Agreement upon written notice to the assigning party. In the event of such a termination, We shall refund to You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 12.8. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. 12.9 Title VI Compliance. 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, We agree that, during performance of this Agreement, We, for Ourself, Our 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, We agree to comply with all applicable implementing regulations and shall include the provisions of this Section 12.9 in every subcontract for services contemplated under this Agreement. 12.10 Insurance. We shall have and maintain in full force and effect for the duration of this Agreement, commercially reasonable liability insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Us and Our agents, representatives, employees or subcontractors. Evidence of coverage shall be provided to the City and subject to approval by the City in its sole discretion. 12.11 No Waiver of Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City of Milton's sovereign immunity or any related individual's qualified good faith or official immunities. 12.12 No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of Your elected or appointed officials, officers, directors or employees. No such individual shall be personally liable to Us or any successor in interest in the event of any default or breach by Us or for any amount which may become due to Us or successor or on any obligation under the terms of this Agreement. 13. INDEMNIFICATION 13.1. Indemnification by Us. We covenant and agree to take and assume all responsibility forthe Services rendered in connection with this Agreement. We shall defend, indemnify and hold harmless You and your 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, reasonable attorney's fees, which are the result of Our willful misconduct, negligent or tortious conduct arising out of the Services, including performance of contracted work by a sub -contractor or anyone else directly or indirectly employed by Us or Our sub -contractors, regardless of whether or not the offending act is caused in part by a party indemnified hereunder, provided that this obligation does not include liabilities caused by or resulting from Your sole negligence or willful act. For example, We shall defend You against any claim, demand, suit, or proceeding made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a "Claim Against You"), and shall indemnify You for any damages, attorney fees and costs finally awarded against You as a result of, and for amounts paid by You under a court -approved settlement of, a Claim Against You; provided that You (a) promptly give Us written notice of the Claim Against You; (b) give Us sole control of the defense and settlement of the Claim Against You (provided that We may not settle any Claim Against You unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense. In the event of a Claim Against You, or if We reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no cost to You (i) modify the Services so that they no longer infringe or misappropriate, without breaching Our warranties under "Our Warranties" above, (ii) obtain a license for Your continued use of the Services in accordance with this Agreement, or (iii) terminate Your User subscriptions for such Services upon 30 days' written notice and refund to You any prepaid fees covering the remainder of the term of such User subscriptions after the effective date of termination. 13.2. RESERVED 13.3. Exclusive Remedy. This Section 13 (Indemnification) states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section. [Remainder of page intentionally left blank, signature page is on the cover page to this Agreement] 10304_160115125512 TO: FROM: HOME OF ' 1� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Court Renovations. MEETING DATE: Monday, March 7, 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 (,,KAPPROVED PLACED ON AGE FOR: o3/o7/2"16 REMARKS (J NOT APPROVED (J NO (JNO (J NOT APPROVED PHONE: 678.242.2500 1 FAX: 678.242.2499GI'eEn City of •-^r^ info@cityofmiltonga.us I www.cityofmiltonga.us y�_�i Community ,Ethi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 MCI,? �j"�" ? To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on February 29th 2016 for the March 7st 2016 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Court Renovations ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton has entered into an Intergovernmental Agreement to share court facilities in the City of Alpharetta Municipal Court building. This contract is to renovate administrative space within that building for the City of Milton staff. In accordance with the city procurement procedures this contract is being awarded under the state ezIQC process, state contract SWC90818, which offers statewide facility repair and construction services. Staff is recommending approval of the Construction Services Agreement with Prime Contractors, Inc. in an amount not to exceed $33,054.87. Funding and Fiscal Impact: Funding for this project is available in the Municipal Court-Facility Renovations account. Alternatives: There are no alternatives to this project. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (02-04-16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Construction Services Agreement 1 CONSTRUCTION SERVICES AGREEMENT City of Milton Court Facility (the “Project”) This Agreement (the “Agreement”) to provide construction services is made and entered into this ___ day of ____, 2016, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), and Prime Contractors, Inc. a Georgia corporation with its principal place of business located at 3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the “Contractor”) (City and Contractor hereinafter jointly referred to as the “Parties”). W I T N E S S E T H: WHEREAS, O.C.G.A. 36-69A-4 allows cities to participate in cooperative purchasing agreements; and WHEREAS, the ezIQC process offers on-call facility repair and construction services under a statewide contract SWC90818; and WHEREAS, Contractor has agreed to perform all Work (as hereinafter defined), according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents This Agreement, along with the following documents, are incorporated herein by reference and constitute the Contract Documents: A. Exhibit “A” [RESERVED] B. Bid from Contractor dated January 12, 2016 (10 Pages), attached hereto as Exhibit “B”; C. Exhibit “C” [RESERVED]; 2 D. Exhibit “D” [RESERVED]; E. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; F. Subcontractor Affidavit, attached hereto as Exhibit “F”; G. Exhibit “G” [RESERVED]; H. Final Affidavit, attached hereto as Exhibit “H”; I. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; J. City of Milton Code of Ethics; and K. NJPA EZIQC Contract No Copy of GA04-062911-PCI. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of the Project generally consists of the remodeling of the City of Milton Court facilities located within the City of Alpharetta Court and Parks Building based on the Scope of Work provided in Exhibit B. Section 3 The Work The work to be completed under this Agreement (the “Work”) includes all tasks specified and indicated in the Contract Documents. In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work consists generally of the renovation and modification of the Court Administration Office and an additional two-office space, including wall painting, carpet/floor and cabinet installation, and addition of an interior wall. The Work described includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. 3 Section 4 Contract Time This Agreement shall take effect on the date first stated above, and that terminate upon completion of the Work. Contractor shall complete the Project within 42 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor’s Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed the fixed price of $33,054.87 except as outlined in Section 6 below. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price set forth above, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. City agrees to pay the Contractor for the Work upon certification by the City that the Work was actually performed in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator. The final payment issued by the City upon completion of the Project shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or change orders executed pursuant to Section 6 of this Agreement. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit, in the form provided in the attached Exhibit “H,” attesting that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by 4 the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to the City Budget and Procurement Coordinator for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand- delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specif y the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton 5 City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics, as codified at Chapter 2, Article VIII in the City of Milton Code of Ordinances and incorporated herein by reference. Further, the Contractor 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 Contractor 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 Contractor or higher tier sub-contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. 6 D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principles of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s profession and industry, Contractor will give written notice immediately to the City. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with the City’s requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. F. Contractor’s Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative __________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent 7 of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts or omissions the Contractor or subcontractor may be liable, regardless of whether or not the negligent 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 Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts or omissions the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of subcontractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. 8 Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-form property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive Commercial Automobile Liability coverage including bodily and personal injury, sickness, disease or 9 death, injury to or destruction of property, including loss of use resulting there from. (c) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) 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. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against 10 the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to 11 all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, with the exception of any Professional Liability policy or Workers’ Compensation policy. L. Employment of Unauthorized Aliens Prohibited 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 Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform Work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “F”, which 12 subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned to the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits 13 (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement (“Records”) shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for a period of at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records with respect to all matters covered by this Agreement. The Contractor will permit the City or City’s representative to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. [RESERVED] O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable 14 precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. Further, the Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the Work. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. The Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63. Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this 15 Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Work to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment in order for Contractor to complete the Work. B. City’s Representative Bob Buscemi shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final 16 Completion of the Project at no additional cost to the City. In addition, the Contractor shall repair, at its own expense and to the complete satisfaction of the City, all damages caused by the Work. An inspection may be conducted by the City or its representative(s) to identify any issues that must be resolved by the Contractor. Section 10 Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor the same fraction of the Maximum Contract Price as the fraction of the Work performed to date. The City shall have no further liability to Contractor for such termination. B. For Cause. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. In the event that the City terminates this Agreement for cause, it shall give Contractor seven (7) calendar days written notice of its intent to terminate the Agreement for cause and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. Termination by Operation of Law. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Conversion to Termination for Convenience. If the City terminates this 17 Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. E. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. F. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed under 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 Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent 18 via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Prime Contractors, Inc., 3406 Florence Circle, Powder Springs, Georgia 30127 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing 19 regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. J. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. K. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. L. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each party binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. M. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 20 Prime Contractors, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] Attest: _____________________________ Signature _____________________________ Print Name _____________________________ Title ((Assistant) Corporate Secretary) CITY OF MILTON Joe Lockwood, Mayor ___________________________________ [CITY SEAL] Attest: ___________________________________ Signature ___________________________________ Print Name City Clerk Title 21 EXHIBIT “A” [RESERVED] 22 EXHIBIT “B” BID FROM CONTRACTOR 23 24 EXHIBIT “C” [RESERVED] 25 EXHIBIT “D” [RESERVED] 26 EXHIBIT “E” 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 _________________________________ Date of Authorization Prime Contractors, Inc. Name of Contractor City of Milton Court Renovations Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “F” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA COUNTY OF _______________ 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 Prime Contractors, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performa nce of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Subcontractor City of Milton Court Renovations Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ EXHIBIT “G” [RESERVED] EXHIBIT “H” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Prime Contractors, Inc. or any of its subcontractors in connection with the construction of the City Hall Renovations for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of ________________________________ that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ TO: FROM: HOME OF' FSTAIiLISHFD 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Asphalt Reconstruction and Resurfacing. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (iJ APPROVED CITY ATTORNEY APPROVAL REQUIRED: (. ES CITY ATTORNEY REVIEW REQUIRED: (, KES APPROVAL BY CITY ATTORNEY fif APPROVED PLACED ON AGENDA FOR: 05r07I201(o REMARKS (J NOT APPROVED (J NO (JNO (J NOT APPROVED ® You( +*. -Green � •<<�,r�r,�, �oP,�� PHONE: 678.242.25001 FAX: 678.242.2499��«� En��+ f info@cifyofmiltonga.us www.cityotmilfonga.us �carnirr Community S 992M %L, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on February 25, 2016 for the March 7th 2016 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Asphalt Reconstruction and Resurfacing. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Following the city’s pavement management plan an Invitation to Bid (ITB) was issued for the Paving and Reconstruction of the following Roads:  LMIG Road & FDR Cement Stabilization - Birmingham Road  Resurfacing, Patching, and Concrete Repair - Gladwyne Ridge - Gladwyne Ct. - Providence Lake Point - Providence Plantation Drive - Sweet Briar Ct - Weatherwood Circle - Coach House Lane - Fieldstone Trail - Stratforde Drive - Laurel Grove Drive - Canterbury Chase - Canterbury Lake - Canterbury Lane. - Lembeth Ct - Soneley Ct. - Weycroft Circle Page 2 of 2  Intersection Improvement - Webb Road and Deerfield Parkway In accordance with the city procurement procedures the project was advertised and the city received sealed bids from qualified contractors. Blount Construction Co. was the lowest qualified bidder. Staff is recommending approval of the Construction Services Agreement with Blount Construction Co. in the amount of $2,029,995.95. Bid Summary: Firm Bid Blount Construction $ 2,029,995.95 Allied Paving $ 2,281,825.60 Bartow Paving $ 2,421,892.28 Baldwin Paving $ 2,751,008.06 CW Matthews $ 2,772,604.90 Stewart Brothers $ 2,840,885.60 Funding and Fiscal Impact: Funding for this project is available in the Pavement Management budget. Alternatives: There are no alternatives to this project. Legal Review: Ken Jarrard – Jarrard & Davis (2-17-16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Construction Services Agreement HOME OP •Ts;E M I LT0- I N -1f, ESTABLIS1 JED 2666 CONSTRUCTION SERVICES AGREEMENT FOR FY16 Resurfacing and Reconstruction Project (the "Project") This Agr e nt (th�Sg "eement") to provide sidewalk improvements is made and entered into thi day o2016, by and between the CITY OF MILTON, a municipal corporation of t e' ate of Ga, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City"), and Blount Construction Company, Inc. a Georgia corporation with its principal place of business located at 1730 Sands Place, Marietta, Georgia 30067 (hereinafter referred to as the "Contractor") (City and Contractor hereinafter jointly referred to as the "Parties"). WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the FY16 Resurfacing and Reconstruction Project; and WHEREAS, based upon Contractor's bid to construct the improvements as required by the bid documents, the City has selected Contractor as the winning bidder; and WHEREAS, Contractor has agreed to perform all Work (as hereinafter defined), according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost; progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents This Agreement, along with the following documents, are incorporated herein by reference and constitute the Contract Documents: A. Exhibit "A" Invitation to Bid ("ITB")• B. Bid from Contractor dated January 19th, 2016, attached hereto as Exhibit "B"; C. Performance and Other Bonds, attached hereto collectively as Exhibit "C"; D. Noncollusion Affidavit of Prime Bidder, attached hereto as Exhibit "D"; E. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; F. Subcontractor Affidavit, attached hereto as Exhibit "F"; G. Plans and specifications, attached hereto collectively as Exhibit "G"; H. Final Affidavit, attached hereto as Exhibit "H"; 1• The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other properly adopted in writing andgxecu ed by theementParties; andeact Documents if documents amending, modiing the Con J. The City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures to the benefit of the City, as determined by the City in its sole discretion, shall govern. res most Section 2 Pro'ect Descri tion The scope of the Project generally consists of the addition of new sidewalks andaving work in accordance with the specific scope of services provided in the ITB (included as p A) and generally described as the following: Exhibit Reconstruction and Overla LMIG Birmingham Road starting at 2450 Birmingham Rd and ending at 1520 Birmingham Road. o FDR using cement to the depth of 13", shoulder widening increasing the road g width to 26'. o 2" 19mm asphalt binder course at a width of 25', 1.5" 9.5mm topping at 25'. o Ada ramp upgrade, curb and gutter, and sidewalk repair at marked locations. o Thermoplastic striping as directed. asphaltic Concrete Surface Course Asphaltic Concrete Binder Course FDR Section FDR Cement Content Required 7 day Laboratory Compressive .gfrA--+L !7_l_ it , .. FDR Recommended Minimum Degree of Compaction ( % of Standard Proctor Maximum Dry Density Pa 1.5"of 9.5 mmType II Sue ave 2 it of 19mm Superpave 13" 6% 380/300 psi 98 ' Resurfacin Patchin and Concrete Re air - Gladwyn Ridge Drive starting at New Providence Rd. and ending at the cul de sac o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Gladwyne Ct. starting at Gladwyne Ridge Dr. and ending at the cul de sac. o Edge mill 1.5", patching 3" with 19mm 9.5mm at marked locations, 1.5" overlay with o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Providence Lake Point starting at New Providence and ending at the cul de sac o Edge mill 1.5", patching 3" with 19mm at marked locations, 1.5" overlay with 9.5mm. o Repair the sinkhole in the ROW between 120 &130. The excavation and backfill as directed by the Engineer. o Curb and gutter repair and class B concrete for use where the sinkhole has encroached under the roadway. o Thermoplastic striping as directed. Providence Plantation Drive starting at New Providence Rd and ending at the marked location where the road turns to a private drive. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Sweet Briar Ct starting at Providence Plantation Drive and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Weatherwood Circle starting at Providence Plantation Dr -and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overla1.5" with 9.5mm superpave. y o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed - Coach House Lane starting at Thompson Road and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at in with 9.5mm superpave. arked locations and overlay 1.5" o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Fieldstone Trail starting at Freemanville Rd and ending at the double cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Ada ramp upgrade and curb and gutter repair at marked locations. o Thermoplastic striping as directed. Stratforde Drive starting at Hopewell Road and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Ada ramp upgrade and curb and gutter repair at marked locations. o Thermoplastic striping as directed. - Laurel Grove Drive starting at Dinsmore Road and ending at the cul de sac 3 o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Canterbury Chase starting at Hopewell Road and ending at Canterbury Lake. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.Smm superpave. o Ada ramp upgrade and curb and gutter repair at marked locations. o Thermoplastic striping as directed Canterbury Lake cul de sac to cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed Canterbury Lane starting at Canterbury Chase and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overla1.5" with 9.5mm superpave. y o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Lambeth Ct. starting at Weycroft Circle and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overla1.5" with 9.5mm superpave. y o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed Soneley Ct. starting at Weycroft Circle and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked Iocations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed Weycroft Circle starting and ending at Keyingham Way o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed Morris Road starting at Webb Rd. and ending at Deerfield Pkwy. o Patch 3" with 19mm and overlay 1.5" with 9.5mm superpave at the marked locations. o Crack seal all cracks over .25". Section 3 The Work The work to be completed under this Agreement (the specified and indicated in the Contract Documents, as well as all material, labor, insurance, tools "Work") includes all tasks s p equipment, machinery, water, heat, utilities, transportation, facilities, n miscellaneous items and work reasonably inferable from the Contract Documents. services and any other ooThe t ther "reasonably inferable" takes into consideration the In of the Parties that some d necessary for proper execution and completion of the Work may not be included in the etails specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete 4 installation and operation of the Work. Contractor shall complete the Work with the Contract Documents. in strict accordance A. Term of Agreement and Timin of Work: This Agreement shall take effect on the date first written above and shall terminate at the conclusion of the Work. Contractor agrees to commence the Work within ten (I o) calendar days after receipt of a Notice to Proceed from the City, and to complete the Project within 120 calendar days from the date of Notice to Proceed. The Parties agree that time is of the essence in this Agreement and every effort will be made by Contractor to shorten this period. B. Liquidated Damages* The City and Contractor recognize that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration Proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City liquidated damages as specified in Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) which is hereby incorporated by reference. C. Extensions for Weather Delay: The City and Contractor acknowledge that the 120 calendar days allotted for completion of this project contemplates normal weather conditions, defined as between thirty (30) and forty (40) calendar days with measurable (at least 0.01 inches) precipitation during the applicable 120 -day period. The City shall grant an extension of the deadline to complete Work for each calendar day in excess of 40 days that the Work s during the applicable 120 -day time pite experiences measurable precipitation calculations of measurable preceriod. In the event of dispute, definitive ipitation days shall be made using a reputable governmental or commercial database, which shall be selected in the City's reasonable discretion. No additional compensation other than extension of time shall be available for weather delays. A. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed the Maximum Contract Price of $2,029,995.95 except as outlined in Section 6 below. The compensation for Work performed shall consist of a fixed price of $172,500.00 for construction of turn lanes at the intersection of Webb Road and Deerfield Parkway, as well as a price not to exceed $1,857,495.95 for reconstruction, resurfacing and repair work on sidewalks and roads as specified in Exhibit B. The compensation for all Work, other than that to be performed for a fixed price, shall be based upon the unit prices stated in "Exhibit B." above shall include all use, lease, or other taxes, and all expenses for PersonnelThe total n and equipment (including fuel) that Contractor will incur to provide the Work, c and Contractor represents that this price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. City agrees to pay the Contractor for the Work upon certification by the City that the Work was actually performed and costs actually in in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcon O.C.G.A. § 44-14-366. tractors in accordance with C. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment Ofninety no more Percent (90%) of that portion of the Work Completed during term tcoaver d by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the Previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from City, pass its receipt of retainage from the through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, 6 Provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor retainage from the Contracto's receipt of r, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor;provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty Percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued Performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City properly might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City,• (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6); if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of finala subcontractor or material supplier shall constitute a waiver ofentbclaims bytheontractorthat payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment D. Any material deviations in tests or inspections performed, times or locations Required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the 7 invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. hand -delivered. Mail only; payment will not be E. The City may withhold payment or final payment limited to, the following: unsatisfactory jobperformance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. Section 6 Work Chan es A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics, as codified at Chapter 2, Article VIII in the City of Milton Code of Ordinances and incorporated herein by reference. Further, the Contractor 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 Contractor and the City further acknowledge that it is prohibited for an a gratuity, or offer of employment to be made by or on behalf of a sub -con ultantnt, under a contract to the prime Contractor or higher tier sub -contractor, or any Person associated therewith, as an inducement for the award of a subcontract or order. Pursuant to O.C.G.A. §§ 32-4-122 and 36-91-21(e), the Person(s) acting as Contractor's bidder to procure this Agreement shall execute the written affidavit attached hereto as Exhibit "D." B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principles of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event itthe Work cannot perform within the budgetary limitations established without disregarding sound principles Of Contractor's profession and industry, Contractor will give written notice immediately to the City. The Contractor agrees to use its best efforts, skill, Judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with the City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, 9 the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. F. Contractor's Reliance on Submissions by the Ci ly Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to Provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative tIO�Q shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. h H. Assignment ofAgreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, wi of the City. thout the prior express written consent Responsibilily of Contractor and Indemnification of Cit The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the Performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts or omissions the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party 10 indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts or omissions the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and City, its members, officers, agents, employees and volunteerdefend the s shall survive City or its officers, boards, comtermination of this Agreement. Contractor shall not be required to indemnify the missions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engagedin an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are Performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of subcontractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or Otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the 11 express knowledge and prior written consent of the City. K. Insu_ r_ ance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All Policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and Personal injury, sickness, disease or death, injury to or destruction Of property, including loss of use resulting therefrom, damage for Premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -form property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive Commercial Automobile Liability coverage including bodily and personal injury, disease or sickness, di death, injury to or destruction of property, including loss use resulting there from. (c) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) 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 Liabilily and Automobile Liabili Coverage. 12 (i} The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; Premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the Policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (b) Workers' Com ensation Covera e: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 13 (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pa The City shall be named as an additional insured and loss payee on all policies required by this Agreement, with the exception of any Workers' Compensation policy. L. Employment of Unauthorized Aliens Prohibited 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 Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false 14 swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will Perform Work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the submitted such affidavit to Ciform of which is provided in Exhibit "E", and ty or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to Provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The 15 Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned to the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C. G.A. § 13-10-91.1 500 or more employees. V 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records Reports and Audits (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for a period of at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in Part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the 16 City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records with respect to all matters covered by this Agreement. The Contractor will permit the City or City's representative to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Bonds The Contractor shall provide Performance, Payment and Maintenance bonds, on the forms attached hereto as "Exhibit C." The Performance and Payment bonds shall both be in amounts equal to one hundred percent (100%) of the Maximum Contract Price set forth in Section 5(a), and shall be increased if requested by the City as the contract amount is increased. The Maintenance Bond shall be in the amount equal to one-third (1/3) of the Maximum Contract Price set forth in Section 5(a). All bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Bonds must not be dated prior to the date of the Agreement. If Contractor is a partnership, all partners shall execute the bond. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees thatconfidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, 17 and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Licenses Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. Further, the Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the Work. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. The Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63. Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and Other materials prepared or in the process of being prepared for the Work to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. 18 The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the Cit A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the road right-of-way, in order for Contractor to complete the Work. B. City's Representative Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. In addition, the Contractor shall repair, at its own expense and to the complete satisfaction of the City, all damages to any building, traffic control device or any other public or private property caused by the Work. An inspection may be conducted by the City or its representative(s) to identify any issues that must be resolved by the Contractor. Section 10 Termination A. For Convenience. The City may terminate this Agreement for convenience with 30 days written notice to Contractor. In the event of a termination for 19 convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor the same fraction of the Maximum Contract Price as the fraction of the Work performed to date. The City shall have no further liability to Contractor for such termination. B. For Cause. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. In the event that the City terminates this Agreement for cause, it shall give Contractor seven (7) calendar days written notice of its intent to terminate the Agreement for cause and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. Termination by Operation of Law. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Further, this Agreement shall terminate immediately and absolutely at such time appropriated or otherwise unobligated funds are no loas nger available as satisfy the obligation of the City. D. Conversion to Termination for Convenience. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. E. Requirements Upon Termination Upon termination, the Contractor shall: (1) Promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. 20 F. Reservation of Rights and Remedies The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed under 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 Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 21 NOTICE TO CONTRACTOR shall be sent to: Mr. Bob Cathcart, Blount Construction Company, Inc., 1730 Sands Place, Marietta, GA 30067 F. Sovereign I_�ty, Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their performance due to: (i) any cause beyond their respective reasonable respective duties or obligations under this Agreement or for any delay control; (ii) in such any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor, (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I• Nondiscrimination, In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act Of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. J Waiver of Agreement No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 22 K. No Third Partv�s This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. L• Successors and Assigns.Subject to the provision of this Agreement regarding assignment, each party binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. M. Agreement Construction and Interpretation Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 23 �ipuikt Co�nstruction Company, Inc. �rwL� `--ce Signature Ork r to Print Name Title (President or Vice President for Corporation) Attest: [AFFIX CORPORATE SEAL] Si are Win 11ruono Pnnt NaNecregary/Treasurer Title ((Assistant) Corporate Secretary) Attest: Signature J4 -e, Print Name City Clerk Title CITY OF MILTON Joe Lockwood, Mayor 24 EXHIBIT "A" INVITATION TO BID �Mlt a�zm FV 16 Rv"l-ftciftX and Reconstruction Project Aknuarf 14, 291fj Lota]TiMe. 2,110pill IJKSUMO DEPAIMM-NT P,�KLPVWAT" TS321-0e —vate- D-vmkr I C 2015 Foy; 678-242-249,9 Return -sulnuit7la-1170- Cit., of 'Njjjtojj Ath - Holmr Nloter, Purchasing ()ffice 13000 LIM'rrict') swfe 107r, Mittolk, ('A, 30004 WiNa ?,-10 Sande Pl�a GA 30967 Mark Face of IlIdSumber.- jrpvtoi iNAnIt' Of CUMPalk., or Firm -specu jla;iuv6m—$" - --- Deaftat for NVrjj(Ov Quv'stjvtj$ .Ian#;alT Sth 44, 16 at silo iii *114'KI fit, Id ,r AX Nw, , F If��. Is _ed ' 16-PW05 FY 16 ROsurfiming ard RxonstjuctjQj p EXHIBIT 661359 BID FROM CONTRACTOR [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, Proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 16-PW05 FY16 Resurfacing and Reconstruction Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department Of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within one hundred twenty (120) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 16-PW05 FYI Resurfacing and Reconstruction Project g ress: Attached hereto is an executed Bid Bond in the amount ofmoi 0 , (Five Percent of Amount Bid). X2 Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, dat its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this _� Q`�"� day of i ,201(p C ! Bidder _���a�Namc meal) Bidder Mailin Add ompany 16-PW05 FYI Resurfacing and Reconstruction Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Blount Construction Company. 1730 Sands Place. Marietta, GA 30067 SURETY (Name and Address of Principal Place of Business): Travelers Casualty and Surety Com2any of America, One Tower Square, Hartford, CT 06183 OWNER (hereinafter referred to as the `City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: January 14, 2016 PROJECT (Brief Description Including Location): FY16 Resurfacing and Reconstruction Project - 16-PW05 BOND BOND NUMBER: Nrn DATE (Not later that Bid due date): January 14, 2016 PENAL SUM: Five Percent (5%) of the Bid Amount (Words) — (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the teens printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER Blount Construction Company SURETY Travelers Casualty and Surety i3j�er's Name and Co rat Seal {Seal} Company of America {Seas} if% f Surety's Nat and orate Seal Bye re a _ Signature a itle: a e �. r -�-- er By: - Signature 'Title: President • Daniel Yates, Attorney-in-fact (AttackPowerofAttorn C� v) Attest: Signature and Title- ( � Attest: it?aul«n r7� Signature and Title: D--- D' Rutledge, Witness Note: (1) Above addresses are to be used for giving any g Bid Bond. b notice required by the terms of this (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 16-PW05 FY 16 Resurfacing and Reconstruction Project I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidderto deliver within the time uired by the Bidding Documents (or any extension of that time agrereq ed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any Performance and payment Bonds required by the Bidding Documents; or - 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will he given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond, Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 16-PWO5 FY16 Resurfacing and Reconstruction Project 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. Ifany provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid"as used herein includes a Bid. offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 16-PW05 FY 16 Resurfacing and Reconstruction Project TRAVELERSJ� POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. Bid Bond Obligee: City Of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Pau Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge, Jeffery J. Blanton, Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St, Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company tftl�' 4 1si%7Aw "W "ISI° I IDS, V State of Connecticut City of Hartford ss. By: �% `-����- Robert L, Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers as a duly authorized officer. Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself In Witness Whereof, I hereunto set my hand and ofFlcial seal. My Commission expires the 30th day of June, 2016. ynwLL C- 0 p.sC Marie C. Tetreault, Notary Public [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement,or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10- 20 et seq, have not been violated and will not be violated in any respect. Authorized Signatu: ,� Date �^ / 4 - a©/ 6 Print/Type Name uc t' Print/Type Company Name Here CORPORATE CERTIFICATE , cert' that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of i This day of 20Faqij�l _ (Signature) (Sea]) Jahn Truono Secretary/Treasurer 16-PW05 FYI Resurfacing -and Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _ 'I , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: �ShwG�S c V'I to s ; -4 hl( Company Name:__L� -------------- 16-PWO5 FYI Resurfacing and Reconstruction Project [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authori 13-10-91. zation program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "G." Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. �ca`q�%Z) EE V / Basic Pilot Program User Identification Number t, ° . 3)`� BY. authorized Officer f Agent Date Pnnt Contractor Name Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE1ER SM" ,00 AhDAY OF T .•••••.,',g IRES .. Notary Public I .�`•'.F�l—�-- .. JULY 25, 2017 My Commission Expires: 013 o Taw GG''`e, 16-PW05 FYI Resurfacing and Reconstruction Project (BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE) BID SCHEDULE 150-1000 Traffic Control LS 210-1000 Grading Complete G b LS 1 38 15-2 5� 3'8` S'oo as 301-2160 S011 -cement stabilized base, subbase, and shoulder course 13^ SY 25,000 rJ S o (� �0 G UU 307-5000 310-1101 Portland Cement TN 900 ia� l� SoG Or Aggr Base Crs, incl Matl 4 in. TN Asphalt Concrete Patching 400 UCU O 402-1802 including Bituminous Material & H Lime 3 In. 18mm TN 5'300 o Asphalt Concrete Binder Including 402-1802 Bituminous Material $ H Lime 2 In. TN2900 19mm (Birmingham Rd) lv � Recycled Asphalt Concrete 9.5 MM 4025103 Superpave GP 2 Only including Bituminous Material and H -Lime 1.5 TN 7,800 In. 407-0010 Asphalt Rubber crack seal TP M LS 4325010 Mill Asphalt Conc Pvmt, Variable 1 Depth SY 35,618 ► s "? 441-0104 5' Concrete Sidewalk Class A r� a 441-6012 Curb & Gutter Type 2 SY 400 Y go. W 441 -Ramp Concrete 8031 Ramps LF 1000 3 vv EA 10 50Q-9999 Class B Concrete Utility Repair CY 653-0120 Thermoplastic Pavement Marking 24 Arrow, Type 2 EA L o 653-1704 Thermoplastic Solid Traffic Stripe, 24" White LF 200 653-2501 Thermoplastic Solid Strips, 5" White LM 653-2502 Thermoplastic Solid Stripe, 5" 3.5 '� SoU `� Lo 653-4501 Yellow Skip Traf stripe, 5^ whit, LM 3.5 3' i"� w `'' 700-9300 LIF 500 °—,- Sod SY^-7 250 16-PW05 FYI Resurfacing and Reconstruction Project Total Base Bid Price $�/, Print Total Bid Price Fill out "Unit Price" column, "Total Amount" column and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price." Bid alternate listed below may be added to the base bid at the sole discretion of the City of Milton. Bid Alternate #1 (Webb Rd at Deerfield Pkwy Turn Lanes) Total Bid Alt Price (Lump Sum) S J -� a So" Print Total Bid Alt Price (�"N` v`" Or` i s-ko-vN) -\W° `N st-1 Number of days to fully complete project (exclude weather related days) /.ZO cr-14"der- cis S In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Blount Construction Co., Inc 1730 Sands Place Marietta, GA 30Q6 ADDRESS AUTHORIZED SIGNATURELY- /t J PRINT / TYPE NAME TITLE President 1 T 13 1 (, 1'Xh (15- .%iJ J Cita U!11 1 311'age /? [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder j u Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 16-PW05 FYI Resurfacing and Reconstruction Project GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.14 COMMISSIONER Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 DEPARTMENT Delete as written and substitute the following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 ENGINEER Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on Iocal conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, 16-PW05 FYI Resurfacing and Reconstruction Project Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 13000 Deerfield Pkwy., Suite 107F Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499. Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received 16-PW05 FYI Resurfacing and Reconstruction Project SECTION 103 Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT in time to accomplish such interpretation and distribution will not be accepted. AWARD OF AWARD AND EXECUTION OF CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the Proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be 16-PW05 FYI Resurfacing and Reconstruction Project constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the following. "Final Payment: Upon completion by the Contractor of the work, including the receipt l 6-PW05 FY16 Resurfacing and Reconstruction Project of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." 16-PWO5 FYI Resurfacing and Reconstruction Project EXHIBIT "C" B_ PAYMENT BOND CITY OF MILTON, GEORGIA Bond No. 106399742 KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of two million twenty nine thousand nine hundred ninety five dollars and ninety five cents ($2,029,995.95) lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"), for the construction of a project known as FY16 Resurfacing and Reconstruction Project (hereinafter referred to as "the Project"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the claim and shall remove any such lien by bond or otherwise as provided in the Contract. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of 2016 [SIGNATURES ON THE FOLLOWING PAGE] Attest: Si a e John TruOno Print NSl@Cretary/Treilsure.r Title ((Assistant) Corporate Secretary) Attest: Signature Dana D. Rutled Print Name Witness ritle Blount Construction Company, Inc. Signature Print Name i I Date— Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] ` 1�191{{— ( Yf YY )�s CT10 ` CORPORATE sow a -we `�. x'••1945: ' ,.-` Travelers Casualty and Surety Company of America (Name of Contractor's Surety) Signator Daniel Yates Print Name February 4, 2016 Date Attorney-in-fact Title [AFFIX SEAL] (ATTACH SURETY'S POWER OF ATTORNEY) TRAVELERSW POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 106399742 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge, Jeffery J. Blanton, Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 1977 �'�' S Jos? i By: ��< Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, b Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers eing authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016. TAA y� SMarie C. Tetreault, Notary Public Bond No. 106399742 PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, TravelInc. (as CONTRACTOR, hereinafter referred to as the "Princ pal' )grand sualty and Surety Company s America (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of two million twenty nine thousand nine hundred ninety five dollars and ninety five cents ($2,029,995.95) lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of 2016 which is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"), for the construction of a project known as FYI Resurfacing and Reconstruction Project, (hereinafter referred to as "the Project'). NOW THEREFORE, the conditions of this obligation are as follows: 1 That if the Principal shall full and completely Y p y perform each and all of the terms, Provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part ofthe Principal in the performance of any and all ofthe terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b• The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of 2016. Attest: Si John Truono Print NaNteretary/Treasuiv Title ((Assistant) Corporate Secretary) Attest: UL Signature Dana D. Rutledge Print Name Witness Title Bl nt Construction Company, Inc. `3—/ \ "' Signature // /y(Y -mac 2 l) l —4 F V r� Print Name Date � z �_ Title (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] �VCTI Ory 6. c);" o sE� :.0 r. c9 5 Travelers Casualty and Surety Company of America (Name of Contractor's Surety) Signature Daniel Yates Print Name February 4, 2016 Datc Attorney-in-fact Title [AFFIX SEAL] (ATTACH SURETY'S POWER OF ATTORNEY) w TRAVELERS ) POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Blount Construction Company, Inc. 106399742 Obligee: City of Milton, GA KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelityand Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge, Jeffery J. Blanton, Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �,FiUAoom4lk �%Af yT�..l\,(. J*� rM7y �} ���'NO 1*!24 xemo�0. ,Std�Lio'' �8H11L,� �\ '.•"` /S OCML Q tiY6 s . M � State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016. �p,TQ� �C`(� O,l�� C 3:�it¢ wx w w* ��o * Marie C. Tetreault, Notary Public MAINTENANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Blount Construction Company, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal" located at 1730 Sands Place, Marietta, Georgia 30067, and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of six hundred seventy six thousand six hundred sixty five dollars and thirty two cents ($676,665.32), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written Agreement with the City, dated which is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"), for the construction of certain Improvements as contemplated by that project known as FY16 Resurfacing and Reconstruction Project (hereinafter referred to as the "Project"); and WHEREAS, said Project is to be approved by the City of Milton, under the terms that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on maintain all improvements ("Improvements") involved in said Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall maintain the Improvements as described above; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of maintenance of Improvements, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of 2016. [SIGNATURES ON THE FOLLOWING PAGE] Attest: Signature Print Name title ((Assistant) Corporate Secretary) Attest: Signature Print Name Title ((Assistant) Corporate Secretary) Blount Construction Company, Inc. Signature Print Name Date ritle (President or Vice President for Corporation) [AFFIX CORPORATE SEAL] (Name of Contractor's Surety) Signature Print Name Date Title [AFFIX SEAL] (ATTACH SURETY'S POWER OF ATTORNEY) EXHIBIT "D" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA COUNTY OF 11 1 U , being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of Blount Construction Company, Inc. (the ` idder") that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price of any other bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signattire of Authorized Officer or Agent V i d Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I/ DAY OF 20_L. l Not4 Public [NOTARY SEAL] N,E� �.`J�..• °9op M Commission Expires: ;� ® '% Q� • EXPIRES • GEORGIA: opO JAN. 14, 202® Q S0° 38 �ii�0 tj ®` , o00 4 EXHIBIT " V 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: j (7 eVerify Number I . —� Date of Authorization Blount Construction companL Inc. Name of Contractor FYI Resurfacing and Reconstruction Project Name of Project City of Milton Name of Public Employer 39 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on A, 201 inl city), T(�state:), Signature of Authorized Officer or Agent t I /-\ grized Z pr Printed Name and Title of AuthOfficer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TH S THE // DAY OF ,201&. C< 1 N' l 6B LIC SEAL] My Commission Expires: / STATE OF GEORGIA I—) COUNTY OF X By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. t 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Blount Construction Company, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G,A. 13-10-9L 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, § 13-141-91(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 arc as follows: I K 4" eVerify'jumber I hereby declare under penalty of petJury that the foregoing is tT true and correct. Date, of Afhorization E,xNuted on201 in ('%4'( (state). 4 Name, cif Subcontract& FYI 6 Resurfa"n Y and RecoListruction Project j_ Name of Project C4y2Eyi1_tQn Name of Public Employer Signature of Authorized Officer or Agent Printed Name and Title of Authoiized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF rk f if [NOTARY SEAL] My Commission ZIABO TIRACTOR A:FFMAVIT STATE OF GEORGIA COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-I0491, stating affirntativoly that the individual, firm. or cotporstion which is cngaged in the physical perficKmancc of smices under a contract with Blount Construction Company, Inc. 0M behnifof the City of Milton has registered with, Is authorized to use and vsas the t`tdcral work authorization program cornmmlyknown as E-Vczity, or any subsequent replljoemattt program, in accordance with the applicable provisions and deadlines established in O.C.G.A. $ 13.1tj-91. Furtbe:Mora, the, undonigDed subcontractor will eontinuc to use the federal work authorization progMct throughout the contract period, and the undersigned subcontmmor witl eofltract for the physical performance of services in satisfaction of such contract only with sub -subcontractors wbo present an affidavit to the subemtractor with the tn£ormation required by O.C.G,A,. § 13-10-91(b). Additionally, the undorsignod subcontractor will forward notice of the receipt of an affidavit from a Rub subcontractor to the cuntractpr within five (5) buainesc days of receipt. Jethe undersigned subcontractor receives notice that a sub -subcontractor has rcocived an affidavit from any other oontractcd sub-wn bcontractor, the undersigned subcontractor must forward, within five (5) busineas days of receipt, a copy of the 110tJ.04 to the contraotot. S000*800t hcrrby attests that its federal work authorization user identification number and date ofauthorization arc as follows, ,V,;? C/ '?;� c Vcrify Number Date qf?, ihodiation .9 Name of Su con for FYI § ReSilt'fSGlncr 8�1ri R��nnerr�?tgtld2t m"ec, Name of Project itv of Mj o Name of Fublia Employer I hereby declare under pe,nalty of pedury dict tile, foregoing is true and correct Executed onX_1/r_. & 201 in -(City), Agent SUBSCRIBED AND SWORN BEFORE ME O THIS THE / DAY Of ,201 NOTARY PUBLIC or [NOTARY REAL] ®gefarfJJB® My Commission Expires,,:_ EX14 _ G GEa142020 d ®®y pUg1,�; '® ®s $81#8881% a ® `®° EXHIBIT "G" PLANS AND SPECIFICATIONS Refer to Exhibit "A" for defined scope of services. GDOT specifications will be used on this project as described and/or modified in Exhibit "A". ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534—FAX 16-PW05 M 6 Resurfacing and Reconstruction Project PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids/proposals for the FYI Resurfacing Project. The project segments' locations are described as follows: ■ Reconstruction and Overlay (LMIG) Birmingham Road starting at 2450 Birmingham Rd and ending at 1520 Birmingham Road. o FDR using cement to the depth of 13", shoulder widening increasing the road width to 26'. 0 2" 19mm asphalt binder course at a width of 25', 1.5" 9.5mm topping at 25'. o ADA ramp upgrade, curb and gutter, and sidewalk repair at marked locations. o Thermoplastic striping as directed. -Asphaltic Concrete Surface Course 1.5" of 9.5 mm Type II Superpave Asphaltic Concrete Binder Course 2 " of 19mm Superpave FDR Section 13" FDR Cement Content 6% Required 7 day Laboratory Compressive Strength (lab/field) 380/300 psi FDR Recommended Minimum Degree of Compaction ( % of Standard Proctor Maximum 98 Dry Density ResurfacinLy, Patching and Concrete Repair - Gladwyne Ridge Drive starting at New Providence Rd. and ending at the cul de sac o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Gladwyne Ct. starting at Gladwyne Ridge Dr. and ending at the cul de sac. o Edge mill 1.5", patching 3" with 19mm at marked locations, 1.5" overlay with 9.5mm o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Providence Lake Point starting at New Providence and ending at the cul de sac o Edge mill 1.5, patching 3" with 19mm at marked locations, 1.5" overlay 16-PW05 FYI Resurfacing and Reconstruction Project with 9.5mm. o Repair the sinkhole in the ROW between 120 &130. The excavation and backfill as directed by the Engineer. o Curb and gutter repair and class B concrete for use where the sinkhole has encroached under the roadway. o Thermoplastic striping as directed. Providence Plantation Drive starting at New Providence Rd and ending at the marked location where the road turns to a private drive. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Sweet Briar Ct starting at Providence Plantation Drive and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. - Weatherwood Circle starting at Providence Plantation Dr.and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Coach House Lane starting at Thompson Road and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. - Fieldstone Trail starting at Freemanville Rd and ending at the double cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o ADA ramp upgrade and curb and gutter repair at marked locations. o Thermoplastic striping as directed. - Stratforde Drive starting at Hopewell Road and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o ADA ramp upgrade and curb and gutter repair at marked locations. o Thermoplastic striping as directed. Laurel Grove Drive starting at Dinsmore Road and ending at the cul de sac o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. Canterbury Chase starting at Hopewell Road and ending at Canterbury Lake. 16-PW05 FYI Resurfacing and Reconstruction Project o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o ADA ramp upgrade and curb and gutter repair at marked locations. o Thermoplastic striping as directed - Canterbury Lake cul de sac to cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed - Canterbury Lane starting at Canterbury Chase and ending at the cul de sac. o Edge mill 1.5", patch 3" with l9mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed. - Lembeth Ct. starting at Weycroft Circle and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed - Soneley Ct. starting at Weycroft Circle and ending at the cul de sac. o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed - Weycroft Circle starting and ending at Keyingham Way o Edge mill 1.5", patch 3" with 19mm at marked locations and overlay 1.5" with 9.5mm superpave. o Curb and Gutter repair at marked locations. o Thermoplastic striping as directed - Morris Road starting at Webb Rd. and ending at Deerfield Pkwy. o Patch 3" with 19mm and overlay 1.5" with 9.5mm superpave at the marked locations. o Crack seal all cracks over .25". This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. 16-PW05 FY16 Resurfacing and Reconstruction Project To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. August 25, 2003 Georgia Department of Transportation Special Provision Section 301—Soil Cement Retain Section 301 and add the following: Section 301—Cement Stabilized Reclaimed Base Construction 301.1 General Description This work includes constructing a cement stabilized base course by pulverizing the existing pavement structure and mixing with Portland cement to the depth specified on the plans. Construct according to these Specifications and to the lines, grades, thickness, and typical cross-sections shown on the Plans or established by the Engineer. 301.1.01 Related References A. Standard Specifications Section 112 - Bituminous Prime Section 800—Coarse Aggregate Section 8141—Soil Base Materials Section 821—Cutback Asphalt Section 830—Portland Cement Section 880—TVater B. Referenced Documents General Provisions 101 through 150 GDT Test Methods GDT 19 GDT 21 GDT 65 GDT 86 GDT 20 GDT 59 GDT 67 301.1.01 Submittals Before constructing a test section according to Subsection 301.3.04.E.1, submit a Construction Work Plan to the Engineer. Include proposed equipment and proposed compaction procedures. If the Engineer determines that the Work Plan is not satisfactory, revise the compaction procedure and augment or replace equipment, as necessary, to complete the Work. 16-PW05 FYI Resurfacing and Reconstruction Project 301.2 Materials Ensure that materials meet the requirements of the following Specifications: Material Section Blotter material (sand) 412.3.05. G.3 Coarse Aggregate 800 Soil Base Material 814.2.02 Cutback asphalt, RC -30, RC -70, RC -250 or MC -30, MC -70, MC -250 821.2.01 Portland Cement (Type I or Type II) 830.2.01 Water 880.2.01 301.3 Construction Requirements 301.3.01 Personnel Ensure that only experienced and capable personnel operate equipment. 301.3.02 Equipment Use equipment that has been approved by the Engineer before construction begins. Provide equipment in satisfactory condition capable of continuously mixing materials (pavement structure, soil, water, and cement) to a consistent depth. Use equipment capable of providing a homogenous blend. 301.3.03 Preparation Loosen and pulverize the in-place pavement structure to the width and depth to be stabilized without damaging the underlying materials. Add water to assist pulverization if necessary. 301.3.04 Construction I. Weather Limitations 1. Mix cement -stabilized base only when the weather permits the course to be finished without interruption within the time specified. 2. Mix materials only when the moisture of the materials to be used in the mixture meets the specified limits. 3. Begin mixing only when the air temperature is above 40°F (4°C) in the shade and rising. 4. If the work is interrupted for more than two hours after cement has been added, or if rain increases the cement's moisture content outside the specified limits, the affected area of completed cement -stabilized base course will be tested for unconfined compressive strength, in accordance with Section E - Strength. 2. Moisture Adjustment Adjust the moisture content of the roadway materials to within 100 to I20 percent of the optimum moisture immediately before spreading the cement. The optimum moisture content is determined by the Job Mix Design and can be adjusted by the Engineer. 3. Cement Application 1. Uniformly spread the required amount of Portland cement with a cyclone -type mechanical spreader or its equivalent. Do not use pneumatic tubes to transfer the cement from the tanker directly onto the material to be stabilized. 16-PW05 FY 16 Resurfacing and Reconstruction Project 2. Apply cement at the rate specified on the Job Mix Design (as established by GDT -65) and mix to the depth shown on the Plans. The Engineer may alter the spread rate during the progress of construction if necessary. Maintain the application rate within + 10 percent of that specified by the Engineer. 3. Provide both equipment and personnel to measure the application rate of cement placed. 4. Apply cement on days when wind will not interfere with spreading. 5. If the cement content is below the 10 percent limit in the mixing area, add additional cement to bring the affected area within the tolerance specified and recalibrate the mechanical spreader's spread rate. If the cement content is more than the 10 percent limit in the mixing area, the excess quantity will be deducted from the Contractor's pay for cement. 6. Regulate operations to limit the application of cement to sections small enough so that all of the mixing, compacting, and finishing operations can be completed within the required time limits. 7. Pass only spreading and mixing equipment over the spread cement and operate this equipment so that it does not displace cement. 8. Replace damaged cement at no cost to the Department when damage is caused by: • Hydration due to rain, before or during mixing operations. ■ Spreading procedures contrary to the requirements stated above. • Displacement by the Contractor's equipment or other traffic. 9. Do not spread cement on any areas that "pump" under construction traffic. D. Mixing I. Begin mixing as soon as possible after the cement is spread, and continue until a homogeneous and uniform mixture is produced. Make any necessary changes to meet the Engineer's requirements if the equipment does not produce a homogeneous and uniform mixture conforming to these Specifications. 2. Continue pulverizing until the base mixture is uniform in color and conforms to the following gradation requirements 1. 95 percent passing the 2 inch (50mm) sieve 2. 55 percent of the roadway material, excluding gravel, passes the No. 4 (4.75mm) sieve. 3. Add water as needed to maintain or bring the moisture content to within the moisture requirements immediately after the preliminary mixing of the cement and roadway material. 4. Mix the additional water homogeneously into the full depth of the mixture. E. Compaction and Finishing 1. Test Section 1. Use the first section of each constructed cement -stabilized base course as a test section. 2. Construct a test section between 350 feet (100m) and 500 feet (150m) long at the designated width. c. The Engineer will evaluate compaction, moisture, homogeneity of mixture, thickness of stabilization, and finished base surface. If the Engineer deems necessary, revise the compaction procedure or augment or replace equipment. 2. 'rime Limits a. Begin compaction within 45 minutes from the time water is added to the cement mixture. b. Complete compaction within 2 hours. c. Complete all operations within 4 hours, from adding cement to finishing the surface. d. Do not perform vibratory compaction on materials more than 90 minutes old, measured from the time cement was added to the mixture. 3. Moisture Control During compaction, ensure that the moisture is uniformly distributed throughout the mixture at a level of between 100 and 120 percent of the optimum moisture content. 4. Compaction Requirements a. Use a steel wheel roller for initial compactive effort unless an alternate method is approved by the Engineer. 16-PW05 FYI Resurfacing and Reconstruction Project b. Compact the cement -stabilized base course to at least 98 percent of the maximum dry density established on the Job Mix Design. c. Uniformly compact the mixture and then shape to the grade, line, and cross- section shown on the Plans. d. Remove all loosened material accumulated during the shaping process. Do not use additional layers of cement -treated materials in order to conform to cross-sectional or grade requirements. e. Use a pneumatic -tired roller to roll the finished surface until it is smooth, closely knit, and free from cracks or deformations, and conforming to the proper line, grade, and cross-section. f. In places inaccessible to the roller, obtain the required compaction with mechanical tampers approved by the Engineer. Apply the same compaction requirements as stated above in Subsection 301.3.04.E.4. g. Perform grading operations immediately after the placement and compaction operations. Roll the stabilized base course again with a pneumatic -tired roller. F. Construction Joints 1. Form a straight transverse joint at the end of each day's construction or whenever the Work is interrupted. 2. Create the straight transverse joint by cutting back into the completed Work to form a true vertical face free of loose or shattered material. 3. Form the joint at least 2 feet (600mm) from the point where the spreader strike -off plate comes to rest at the end of the day's work, or at the point of interruption. 4. Form a longitudinal joint as described above if cement -stabilized mixture is placed over a large area where it is impractical to complete the full width during one day's work. Use the procedure for forming a straight transverse joint. Remove all waste material from the compacted base. G. Priming the Base 1. The surface of the completed base course must be moist cured until the bituminous prime is applied. 2. Apply prime only to an entirely moist surface. If weather delays prime application, apply prime as soon as the surface moisture is adequate 3. Apply bituminous prime according to Section 412 as soon as possible and in no case later than 24 hours after completion of the finishing operations. 4. Maintain and protect the curing seal for seven days. 5. Protect finished portions of the cement -stabilized base course that are used by equipment in the construction of an adjoining section to prevent marring or damaging of the completed Work. Protect the stabilized area from freezing during the curing period. H. Opening to Traffic I. Do not permit any traffic or equipment on the finished surface of the base course until the prime has hardened enough so that it does not pick up under traffic. For the first seven days atter priming, restrict traffic to lightweight vehicles such as passenger cars and pickup trucks. Do not allow vehicles with an average axle load exceeding 20,000 pounds (9Mg) on the unfinished base at any time. 2. Correct any failures caused by traffic at no additional cost to the Department. Protection of Course Maintain the base course until the Engineer determines that it has sufficiently cured and is ready to be covered with the pavement course. Make repairs specified in Subsection 300.3.06.13, whenever defects appear. This preservation action does not relieve the Contractor of his responsibility to maintain the Work until final acceptance as specified in Section 105. 301.3.06 Quality Acceptance A. Compaction Tests 1. Determine the maximum dry density from representative samples of compacted material, according to GDT 19 or GDT 67. 2. Determine the in-place density of finished courses according to GDT 20, GDT 21 or GDT S9 . as soon as possible after compaction, but before the cement sets. 16-PW05 FY 16 Resurfacing and Reconstruction Project B. Gradation Test Ensure that the gradation of the completely mixed cement -stabilized base course meets the requirements of Subsection 301.3.04.D.2. C. Finished Surface Check the finished surface of the cement -stabilized base course transversely. 2. Check the surface using a 15 ft (4.5 m) straightedge parallel to the centerline. Additionally, use one of the following tools: a. A template, cut true to the required cross-section and set with a spirit level on non-superelevated sections 1.) A system of ordinates, measured from a stringline a A surveyor's level 3. Ensure that ordinates measured from the bottom of the template, stringline, or straightedge, to the surface do not exceed 1/2 in (12 mm) at any point. 4. Correct any variations from these requirements immediately according to Subsection 300.3.06.B, "Repairing Defects. " C. Thickness Tolerances 1. Thickness Measurements Determine the thickness of the cement -stabilized base course, by making as many checks as necessary to determine the average thickness, but not less than one check per 1000 feet (300m) per 2 lanes. 2. Excess Thickness a. Determine the average thickness per linear mile (kilometer) from all measurements within each mile (kilometer) increment. • Ensure that the average thickness does not exceed the specified thickness by more than Y in (13 mm). C. If the basis of payment is per cubic yard (meter), and the average thickness for any mile (kilometer) increment exceeds the allowable % in (13 mm) tolerance, the excess quantity in that increment will be deducted from the Contractor's payments. d. The excess quantity is calculated by multiplying the average thickness that exceeds the allowable % in (13 mm) tolerance by the surface area of the base, as applicable. E. Strength 1. Ensure that the strength of the completed cement -stabilized base course is at least 300psi (20700a), as determined from testing the unconfined compressive strength of cores from the completed course in accordance with GDT 86. 2. If a strength test falls below 300psi (2070kPa), do the following: a. Isolate the affected areas by securing additional cores every 75 feet (23m) on each side of the failing area. b. Average all compressive strengths in the affected area to determine the basis for corrective work according to the following table or the Engineer's directions. Compressive Strength Corrective Work 300 psi (2070 kPa) or greater None 200 psi (1380 kPa) to 299 psi (2069 kPa) 6" & 8" (150mm & 200mm) base — add 135lbs/yd2 (75kg/m2) asphaltic concrete Less than 200 psi (1380kPa) Reconstruct affected area Notes: 1) Ensure that a corrected area requiring asphaltic concrete is at least 150ft (45m) long and covers the full width of the cement -stabilized base surface. 16-PW05 FY 16 Resurfacing and Reconstruction Project 2) Perform corrective work requiring asphaltic concrete or reconstruction at no additional cost to the Department. 301.4 Measurement A. Base Material Measure base material by the cubic yard (meter), loose volume, as specified in Section 109, during mixed-in– place construction when it is necessary to add materials to the roadbed or to build up the base with new material. B. Cement -Stabilized Base Course Measure the surface length along the centerline when payment is specified by the square yard (meter). The width is specified on the Plans. Measure irregular areas, such as turnouts and intersections, by the square yard (meter). C. Portland Cement Measure Portland cement by the ton (megagram). D. Bituminous Prime Bituminous prime is not measured for separate payment. Include the cost of furnishing and applying bituminous prime according to the provisions of Section 412 in the Unit Price Bid for each individual base item. E. Coarse Aggregate Measure coarse aggregate by the ton (megagram). 301.5 Payment A. Base Material When it is necessary to add other materials to those in the roadbed, or to build up the base with entirely new materials, the added base materials, will be paid for at the Contract Unit Price per square yard (meter), complete, in place, and accepted. Payment will be full compensation for soil -cement material, mixing in the pit, loading, unloading, and spreading. B. Cement -Stabilized Base Course Cement -stabilized base, in-place and accepted, will be paid for at the Contract Unit Price per square yard (meter). Payment will be full compensation for roadbed preparation, mixing on the road, shaping, pulverizing, watering, compaction, defect repair, bituminous prime and maintenance. C. Portland Cement Portland cement will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation for furnishing, hauling, and applying the material. Only Type I or Type II Portland cement incorporated into the finished course will be paid for and no payment will be made for cement used to correct defects due to the Contractor's negligence, faulty equipment, or error. D. Coarse Aggregate Coarse aggregate will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation for furnishing, hauling, spreading, watering, shaping, and compacting the material. Payment will be made under: Item No. 301 Base—including material Per cubic yard (meter) Item No. 301 Cement Treated Base Course Per square yard (meter) Item No. 301 Type I or Type II Portland Cement Per ton (megagram) Item No. 800 Coarse Aggregate – including material Per ton (megagram) 16-PWO5 FYI Resurfacing and Reconstruction Project SPECIAL_ PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by June 1 st, 2015. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Memorial Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and 16-PW05 FYI Resurfacing and Reconstruction Project inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF OUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 101.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. 16-PW05 FYI Resurfacing and Reconstruction Project The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will the Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. ROAD WIDENING AND SHOULDER CONSTRUCTION On Birmingham Road the Contractor will box out the shoulder to a depth of 10 inches and width of 2 feet for widening on each side of the road or as necessary to establish a minimum base width of 26 feet. All boxed out areas shall be filled to the level of the edge of pavement at the end of work each day. All unsuitable and excess material shall be removed from the jobsite at the Contractor's expense within 7 calendar days. The shoulder area shall be top dressed with topsoil before grassing and all asphalt chunks and rocks shall be removed. Cost of shoulder backfill, reconstruction, and grassing shall be considered incidental to the work and included in the bid price for other pay items. All disturbed areas shall be mulched and grassed in accordance with GDOT Specifications, Section 700 within 7 calendar days from the time of completion of each project segment. The Contractor will be responsible for establishing the existing horizontal and vertical alignments necessary for establishing lines, slopes, and profile grades for roadwork as well as centerline benchmarks for structures. The Contractor will set all stakes, templates, and other devices necessary to control the work. Contractor should maintain a 2% slope except in super elevated curve areas. This work shall be considered incidental and included in the bid price for other pay items. All rock added if needed to supplement material will be spread from the tailgate to the depth of 1.5 inches over the entire in-situ asphalt and uniformly mixed. After mixing the mixture will be pushed into the void created by the box out crew. The finished base course mat shall be 26 feet wide and the asphalt mat shall be 25 feet wide with a 30 — 35 degree angled fillet (Safety Edge) along each side of the roadway. Contractor shall provide a smooth transition from the finished paved surface to all existing driveway aprons. In any area where widening effects concrete driveways these driveways shall be saw cut for removal at the new roadway width. Cost shall be incidental to the work. 16-PW05 FYI Resurfacing and Reconstruction Project PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. All cleanup and landscape restoration activities in residential neighborhoods will be completed before moving to the next neighborhood. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The Contractor shall also mill side streets to provide an adequate tie-in. The side streets shall be milled from the edge of travel lane to the radius point of the side street or up to a maximum 15' of the travel lane. The Contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Edge milling shall match the depth of the overlay. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except to provide adequate tie-in with existing pavement. The milling operation shall_ provide a pavement surface that is true to line, grade and cross-section and of uniform texture. A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The Contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall 16-PW05 FYI Resurfacing and Reconstruction Project be re -milled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the Contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. In the case all asphalt has been removed leaving the base the traffic roller should be used in the cut to compact any loose material prior to placement of asphalt. The Contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of asphalt. Bituminous tack is not measured as a separate pay item. NTSS-IHM trackless tack or equivalent shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .05 to 0.1 gallons per square yard. PAVEMENT MIX DESIGN The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDOT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a daily basis. The most current version of the GDOT Specifications and Special Provisions apply, including but not limited to sections 400 (including off -system Special Provision). Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. 16-PWO5 FYI Resurfacing and Reconstruction Project THERMOPLASTIC PAVEMENT MARKINGS This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic) pavement markings shall be placed at least 15 calendar days but no more than 60 calendar days after placement of final asphalt lift. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall adhere to the latest standards. All residential streets will have 24" stop bars placed at all stop sings. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list The Contractor shall install temporary pavement markings on the reclaimed base course prior to re -opening the roadway until topping is installed. Temporary paint shall also be used on the completed topping course while awaiting the thermoplastic striping. This work will be considered incidental and should be included in the lump sum bid for Traffic Control. CONCRETE SIDEWALKS AND ADA RAMPS This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp. The contractor is to select the ramp type to be used based on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the contractor shall have the forms inspected by the city prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a 16-PW05 FY 16 Resurfacing and Reconstruction Project fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to a radius of one-quarter (1/4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the City shall be removed and replaced by the contractor at no additional charge. The Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than 3 days, the forms shall be removed and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental All cleanup and landscape restoration activities in residential neighborhoods will be completed before moving to the next neighborhood. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. All cleanup activities in residential neighborhoods will be completed before moving to the next neighborhood. 16-PW05 FY16 Resurfacing and Reconstruction Project SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: December 16th, 2015 January 5th, 2016 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) January 7"', 2016 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due January 14th @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Contract Award (On/about) February I st, 2016 Notice to Proceed Issued (On/about) February 2nd, 2016 16-PW05 FYI Resurfacing and Reconstruction Project EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Blount Construction Company, Inc. or any of its subcontractors in connection with the construction of the FY16 Resurfacing and Reconstruction Project for the City have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of Blount Construction Company, Inc. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires AC h'"� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYW) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE4HOOLDER. 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 rates Insurance Agency ?800 Century Parkway NE iuite 300 ktlanta GA 30345- INSURED BLOUCON-01 Blount Construction Co Inc 1730 Sands Place Marietta GA 30067 B D: I- I i _404$33-1312 erts@yatesins.com INSURERS AFFORDING COVERAGE NAIC BITCO National Insurance Company 20109 6691 COVERAGESmsuRER F: CERTIFICATE NUMBER: 1954784383 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES S OF INSURANCE LISTED BELOW HAVE BEEN ISUED Tp 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. SIR .TR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP A �( COMMERCIAL GENERAL LIABILITY MMlDD/YYYY MMIDD/YYYY LIMITS ❑ I CLP3630437 11/1/2016 1/1/2017 CLAIMS -MADE X OCCUR EACHQCCURRENCE $1,000,000 nnnnor_c rn o�.�r�., _ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may ble attached if more space is required) Subject to policy terms, conditions, forms and exclusions, the insurance coverages afforded by the policies above include the following when required n written contract for the certificate holder and/or entities listed below: Blanket Additional Insured in regards to General Liability for ongoing and completed operations and Automobile Liability; Blanket Primary and Non -Contributory in regards to General Liability; Blanket Waiver l L Subrogation in regards to General Liability, Automobile Liability and Workers' Compensation; Per Project Aggregate applies to the General Liability. Umbrella is subject to policy limits, forms, terms, conditions, and exclusions. See Attached... CAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton, Georgia THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Pkwy, Suite 107F ACCORDANCE WITH THE POLICY PROVISIONS. Milton GA 30004- USA AUS ED REPRESENT_ TIVE / ACORD 25 (2014/01) The ACORD name and logo are registered marks o f ACORD RD CORPORATION. All rights reserved. MED EXP (Any one person) $10,000 GEN'LAGGREGATE LIMIT APPLIES PER: PERSONAL&ADV INJURY $1,000,000 POLICY a JECT 0 LOC GENERAL AGGREGATE $2,000,000 OTHER: PRODUCTS - COMP/OP AGG $2,000,000 B AUTOMOBILE LIABILITY $ X ANY AUTO CAP3630438 1/1/2016 1/1/2017 Ea accident I $1,000,000 ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per person) $ AUTOS X HIRED AUTOS X NON -OWNED BODILY INJURY (Per accident) $ AUTOS PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB XOCCUR 700033025207 1/1/2016 1/1/2017 $ EXCESS LIAB CLAIMS -MADE OC EACH CURRENCE- $10,000,000 DED X RETENTION$ 10,000 AGGREGATE $10,000,000 B WORKERS COMPENSATION WC3630435 AND EMPLOYERS' LIABILITY 1/1/2016 1/1/2017 $ PER OTH- N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X STATUTE ER OFFICERIMEMBER EXCLUDED? fN N / A (Mandatory in NH) E.L. EACH ACCIDENT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE - POLICY LIMIT $1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may ble attached if more space is required) Subject to policy terms, conditions, forms and exclusions, the insurance coverages afforded by the policies above include the following when required n written contract for the certificate holder and/or entities listed below: Blanket Additional Insured in regards to General Liability for ongoing and completed operations and Automobile Liability; Blanket Primary and Non -Contributory in regards to General Liability; Blanket Waiver l L Subrogation in regards to General Liability, Automobile Liability and Workers' Compensation; Per Project Aggregate applies to the General Liability. Umbrella is subject to policy limits, forms, terms, conditions, and exclusions. See Attached... CAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton, Georgia THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 13000 Deerfield Pkwy, Suite 107F ACCORDANCE WITH THE POLICY PROVISIONS. Milton GA 30004- USA AUS ED REPRESENT_ TIVE / ACORD 25 (2014/01) The ACORD name and logo are registered marks o f ACORD RD CORPORATION. All rights reserved. AGENCY CUSTOMER ID: BLOUCON-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Yates Insurance Agency Blount Construction Co Inc 1730 Sands Place POLICYNUMBER Marietta GA 30067 CARRIER NAIC CODE AnnITIAK]w1 —Aw 1— EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE )86 (09/11) - Transportation Contractors Extended Liability Coverage 31 (11/99) - Additional Insured -Specific Entities -2287-BW (01/93) - Waiver of Transfer of Rights of Recovery Against Others to Us 00313 (4-84) - Waiver of Our Right to Recover From Others Endorsement 003 (6/97) - Schedule of Underlying Insurance FY16 Resurfacing and Reconstruction Project ntity: City of Milton, Georgia Arinl3n .In.l l>Inn OInA� .. --•- v ZUUu AUUKL) GURPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSPORTATION CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of anX� in the box next to the caption of such provision. A. F7X Partnership and Joint Venture Extension N. F X-1 Construction Project General Aggregate Limits B. F- Contractors Automatic Additional Insured Coverage - Ongoing Operations O. IF Fellow Employee Coverage C. FX Automatic Waiver of Subrogation D. a Extended Notice of Cancellation, Nonrenewal E. �X Unintentional Failure to Disclose Hazards F. aX Broadened Mobile Equipment G. 0 Personal and Advertising Injury - Contractual Coverage H. [r—AX-11 Nonemployment Discrimination 1.XCI Liquor Liability J_ [E Broadened Conditions K. FX-] Automatic Additional Insureds - Equipment Leases L.X� Suits Against Dredges and Barges M. Insured Contract Extension - Railroad Property and Construction Contracts A. PARTNERSHIP AND JOINT VENTURE EXTENSION P. IF-XA-1 Property Damage Liability - Elevators Q. �Property Damage to the Named Insured's Work R a Care, Custody or Control S Electronic Data Liability Coverage T. IF-Av-11 Consolidated Insurance Program Residual Liability Coverage U. � Automatic Additional Insureds - Managers or Lessors of Premises V. IF-Av--11 Automatic Additional Insureds - State or Governmental Agency or Political Subdivisions - Permits or Authorizations W =X Contractors Automatic Additional Insured Coverage - Completed Operations X.X� Additional Insured - Engineers, Architects or Surveyors The following provision is added to SECTION it - WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: GL -3086 (09/11) -1- With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of 'your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for 'your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — ONGOING OPERATIONS SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item S. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation, a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. GL -3086 (09111) -2- D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V - DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL COVERAGE Exclusbn 2.s. of SECTION 1, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless "personal and advertising injury" is excluded from this policy: Item 14. of SECTION V - DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINMONS, is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL -3086 (09/11) -3- Item 2. Exclusions of SECTION 1, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of 'discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of `discrimination" by or at your, your agents or your "employees' direction or with your, your agents or your "employees' knowledge or consent; "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." L LIQUOR LIABILITY Exclusion 2.c. of SECTION 1, COVERAGE A, is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duds In The Evart Of Occ uTsncs, Offense, Claim Or Sufi: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the 'occurrence' has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence' or offense. b. If a claim is made or 'suit' is brought against any insured, you must: (1) Record the specifics of the claim or "suit' and the date received as soon as you, one of your officers, or an 'employee" designated to record such information is notified of it: and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee' you designate to give us such notice learns of the claims or "suit." Item 2.9. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an 'occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such 'occurrence" to us at the time of "occurrence' shall not be deemed in violation of paragraphs 2.8., 2.b., arM 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this 'occurrence" may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION It - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury' caused, at least in part, by GL -3086 (09111) .4_ Your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. "Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. 3. 'Property damage' to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L. SUITS AGAINST DREDGES AND BARGES We agree that any 'suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. M. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V - DEFINITIONS, is deleted and replaced with the following. 9. 'Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnity a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury" or 'property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: GL -3086 (09/11) -5- (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications,- or pecifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION 111- LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an 'occurrence" under SECTION 1- COVERAGE A, and for all medical expenses caused by accidents under SECTION ( - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or 'property damage' included in the 'products -completed operations hazard,' and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or C. Persons or organizations making claims or bringing "suits,' 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. 13. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an 'occurrence' under SECTION 1 - COVERAGE A, and for all medical expenses caused by accidents under SECTION 1- COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. GL -3086 (09/11) -6- C. Payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard' will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION 111 - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liabllfty of SECTION 1, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury" to (1) An 'employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co -'employee' while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. Me) of SECTION II - WHO IS AN INSURED, is deleted and replaced with the following: 2"a. (1Xs) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY - ELEVATORS "Property damage' liability is changed as follows: 1. Excluslons 2.J.(3) and 2.1.(4) of SECTION 1, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. GL -3086 (09/11) -7- O. PROPERTY DAMAGE TO THE NAMED INSUREDS WORK Exclusion I of SECTION 1, COVERAGE A. is deleted and replaced with the following: Damage to Your Work "Property damage" to 'your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2.1A of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.1.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees,' this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION 111- LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION 1, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. 2. The following definition is added to SECTION V — DEFINITIONS: GL -3086 (09/11) -8- "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CO-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence' that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate 'electronic data', resulting from physical injury to tangible property. All such loss of "electronic data' shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, 'electronic data' is not tangible property. T. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury", "property damage", or 'personal and advertising injury" arising out of your ongoing operations; or operations included within the "products -completed operations hazard", the policy to which this coverage is attached shall apply as excess insurance over coverage available to `you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V — Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. U. AUTOMATIC ADDITIONAL INSUREDS -MANAGERS OR LESSORS OR PREMISES SECTION 11- WHO IS AN INSURED Is amended to inckWe: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: I. Any "occurrence" which takes place after you cease to be a tenant in that premises. GL -3086 (09/11) -9- 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. V. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS — PERMITS OR AUTHORIZATIONS SECTION If — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. "Bodily injury", "property damage' or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard" This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — COMPLETED OPERATIONS SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or `property damage" caused, in whole or in part, by "your work' at the project designated in the contract, performed for that additional insured and included in the 'products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X. ADDITIONAL INSURED — ENGINEERS, ARCHITECTS OR SURVEYORS SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury' caused, in whole or in part, by: GL -3086 (09/11) -t0- 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', 'property damage" or 'personal and advertising injury` arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL -3086 (09111) _11- Policy Number: CAP 3 630 438 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SPECIFIC ENTITIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM WHO IS AN INSURED is changed to include as an "insured" the person or organization named in this endorsement. However, the additional insured is an "insured" only for "bodily injury" or "property damage" arising out of work or operations performed by you or on your behalf for the additional insured and resulting from the ownership, maintenance or use of a "covered auto," by: 1. You, or 2. Any of your employees or agents; or 3. Anyone other than the additional insured or any employee or agent of the additional insured, while using with your permission a covered "auto" you own, hire or borrow. ADOMONAL INSURED: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. A-2931 (11/99) rtJLIL.Y INURnbr-H: LAN 3 bJU 4 I MANUSCRIPT ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US BUSINESS AUTO COVERAGE FORM This policy is changed as follows: The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition does not apply to: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of subrogation. �.avn-ccoi-Qvv wuya� WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 Ed. 4-84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER A WRITTEN "INSURED CONTRACT" WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued au Policy) bsequa>t to preparatbn at the Endorsement Effective Policy No. Insured Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Endorsement No. Premium Copyright 1983 National Council on Compensation Insurance C *T2*01/08/16*TUU0330252-07 ORIGINAL COPY 0263684 GREAT AMERICAN INSURANCE CO Administrative Offices ao1 E 4th Street GA I 6003 GRExj- Cincinnati. Ohio 45202-4201 (Ed. 0 6 9 7 } AMERICAN. Tel: 1-513-369-5000 INSURANCE GROUP SCHEDULE A - SCHEDULE OF UNDERLYING INSURANCE Carrier, Policy Number and Period Type of Coverage Limits of Insurance a) BITCO NATIONAL Employers Liability Bodily Injury By Accident INSURANCE CORPORATION $ 1,000,000. each accident POLICY: T.B.O. 1/1/16 TO 1/1/17 Bodily Injury By Disease $ 1,000,000_ policy limit $ 1,000,000. each employee b) BITCO GENERAL INSURANCE CORPORATION POLICY: T.B.D. 1/1 /16 TO 1/1 /17 Automobile/Garage ( X ) Any Automobile { } Owned Automobile Only ( } Specifically Designated Automobile ( } Hired Automobile ( } Non -owned Automobile ( ) Garage Liability { X } DEFENSE OUTSIDE THE LIMIT ( ) Split Limit Bodily Injury Liability $ each person $ each accident Property Damage Liability $ each accident ( X ) Combined Single Limit $ 1,000,000. each accident ( ) Garage Operations $ Auto only each accident $ Other than auto each accident $ Other than auto aggregate ( } Garagekeepers I Liability $ GAI 6003 (Ed. 06/97) PRO (Page 1 of 2) each location C *T2*01/08/16*T000330252-07 ORGI 0263684 GREAT AMERICAN INSURANCCEICONAL COPY Carrier, Policy Number and Period c) { } Type of Coverage Limits of Insurance Comprehensive { ) Split Limit General Liability including Bodily Injury Liability { ) Products-Compiet- S each ed Operation occurrence Liability $ aggregate { ) Broad Form Endorsement Property Damage Liability { $ each occurrence $ aggTegate { ) ( ) Combined Single Limit 5 each occurrence S aggregate OR OR OR { X ) Commercial $2,000,000. BITCO NATIONAL General Liability INSURANCE COMPANY POLICY: T.B.D. ( X ) Occurrence Form 1 /1 /16 TO 1 /1 /17 $2,000,000. { ) Claims -Made Form (X) DEFENSE OUTSIDE ( X ) GENERAL AGGREGATE THE LIMIT APPLIES PER $1,000,000. PROJECT Retroactive Date d) BITCO NATIONAL EMPLOYEE BENEFIT INSURANCE COMPANY LIABILITY POLICY: T.B.D. 1 /1 /16 TO 1 /1 /17 GAI 6003 (Ed. 06/97) PRO (Page 2 of 2) $1,000,000 General Aggre- gate Limit Products -Com- pleted Opera- tion Aggre- gate Limit Personal and Advertising Injury Limit Each Occurrence Limit $1,000,000. EACH EMPLOYEE $2,000,000_ AGGREGATE TO: HOME OF ' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 2, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Barge, Waggoner, Sumner & Cannon, Inc. for the Design of Hopewell Road at Redd Road Turn Lanes. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.<APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,KYES CITY ATTORNEY REVIEW REQUIRED: (,KYES APPROVAL BY CITY ATTORNEY (.J APPROVED PLACED ON AGENDA FOR: OVO-1/20/6 REMARKS () NOT APPROVED () NO () NO () NOT APPROVED 10 it 678.2�42.2500FAX:678.242.2499 `Green �c**; °° ° ��nni.o-t Community infoOcityofmiltonga.us I www.cityofmiltonga.us «r 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ��Q To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on March 1st 2016 for the March 7th 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Barge, Waggoner Sumner & Cannon, Inc. for the Design of Hopewell Road at Redd Road Turn Lanes ______________________________________________________________________________ Department Recommendation: Approval . Executive Summary: The City of Milton developed concept plans and Improvement Scenarios Report in September 2013 for intersections along Hopewell Road that included Redd Road. The intersection of Hopewell Road and Redd Road experiences delay during peak hours and there are no separate turn lanes on either roadway. This project will provide design services for turn lane improvements at the intersection of Hopewell Road and Redd Road. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects Fund Intersection/Hopewell @ Bethany account. Alternatives: There are no alternatives to this project. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (02-17-16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Professional Services Agreement HOME OF ' M I LTON*S PROFESSIONAL SERVICES AGREEMENT HOPEWELL ROAD AT REDD ROAD TURN LANES This Agreement made and entered into this —day of , in the year 2016, 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 Barge, Waggoner, Sumner & Cannon, Inc. ("Consultant" or `BWSC"), a Tennessee corporation having its principal place of business at 211 Commerce Street, Nashville, TN 37201, with the City and Consultant together referred to herein as the "Parties." WHEREAS, the City of Milton will require certain professional engineering services beginning upon the issuance of a Notice to Proceed by the City; 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: 1.1 Scope of Work; Compensation 1.2 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. 1.3 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. The compensation for Work performed shall be based upon the hourly rates set forth in Exhibit "B", attached hereto and incorporated herein by reference. This shall be the sole basis for Consultant's compensation, Consultant shall not be entitled to any additional cost reimbursement, and Consultant represents that this amount is sufficient to perform all of the Work contemplated by this Agreement. Compensation for services performed shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $29,990.00 (the "Contract Price"). 1.4 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.5 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. 1.6 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. 1.7 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent contractor. The Consultant is not an employee, agent or representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, 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. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the negligent services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials and employees from and against any and all liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of alleged willful, negligent or 2 tortious conduct to the extent caused by the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable. 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. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.1 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 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. (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. 0 Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. n The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of 3 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. (n) 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. (m) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (m) 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. (vn) 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. n Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) days prior written notice has been given to the City. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (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 M and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its General Liability and Automobile Liability policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured on CGL and automobile policies required by this Agreement. 5.0 Term; Termination Time is of the essence of this Agreement, and the Consultant shall begin work promptly upon receiving a Notice to Proceed by the City. The Term of this Agreement shall begin on the date first written above and terminate upon completion of the Work. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by 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 (30) days prior written notice of such termination to the Consultant. 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, and 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 or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No 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 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. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 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 n 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 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: Barge, Waggoner, Sumner & Cannon, Inc. 211 Commerce Street Nashville, TN 37201 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.1 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 "C" and 7 "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, 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 "D", 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 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 its subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where 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 contractor or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and its subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a contractor or 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. 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. EV 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 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 Force Majeure Neither the City nor Consultant shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) 9 earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 24.0 Survival of Terms All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 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 FOLLOWING PAGE] 10 Attest: Signature �&w- A C . 4 A 2 y.,5 Print Name Title ((Assistant) orate Secretary) Signature Print Name City Clerk Title BARGE, WAGG , SUMNER & CANNON, INC. Signature 1� Print Name C -)o oA X Cc I� Title (President or Vice President for Corporation) 2�2i Date [AFFIX �QAQRATE SEAL] sump : �FtED•EH'R �� -, C9 :�g� ciy; C� �• Z 3Q W A RICA '`"'• Z • E `0 Z �:1Z' �ff, . Nq CITY OF MILTON, GEORGIA: Joe Lockwood, Mayor Date [CITY SEAL] EXHIBIT "A" SCOPE OF WORK Bwsc N WABBDNEG SU. B UMNtLf 6 C...n,. INC. December 15, 2015 Mr Carter Lucas P E Public Works Director Coy of Milton 13000 Deerfield Parkway, Suite 107G Millon, Georgia 30004 RE: Proposal for Intersection Improvements to Hopewell Road at Redd Road Dear Carter. BVYSC appreciates the opportunity to propose on the design of improvements to the Hopewell Road at Redd Road intersection I am enclosing as Attachment 'A- a scope, schedule and fee for the proposed work Please note that our fee is structured on a cost-plus ma>Amum baso Any additional funds would be credited to the Coy or could be used for additional services Please feel free to contact me directly at 678-515-9428 or on my cell at 678-361-3448 d you have an, questions or would like to discuss the proposal in further detail Sncerety, . _4 titkLt s J - Jeffrey N Clayton P E Project Manager Copy to Michael Buhler P E Enclosure(s) pa,V, , wr 15115 Twy je Po**" Siwe 2V( re 515 9111(Oftm F�rpR E414 =st mntl o.Alinutwe At1or+En�pluy�r Pts•MW cmim G"" 300!2 B©URGErWSCI WAGGONER SUMNER 8 C ANNnN, INC. Attachment A - Scope of Work Hopewell Road at Redd Road Intersection Improvements December 15, 2015 The scope of work is presented in the following elements: I. Project Description II. Scope of Services III Project Understandings. Assumptions and Exclusions IV. Time of Performance V. Client's Responsibilities VI. Deliverables VII. Compensation I. PROJECT DESCRIPTION Barge. Waggoner, Sumner & Cannon, Inc. (BWSC) is proposing the following scope of services will be provided to the City of Milton (CLIENT) for professional engineering services for the survey and engineering design for improvements to the Hopewell Road — Redd Road intersection (PROJECT). The project consists of adding a left tum lane on Hopewell Road and left and right tum lanes on Redd Road. II. SCOPE OF SERVICES Surveying BWSC will: • Field check survey provided by the CLIENT. • Inform the CLIENT of any additional survey needed to design the PROJECT. Engineering Design and Construction Document Preparation BWSC Will • Design changes to the horizontal and vertical alignments. superelevation, typical section, drainage, and signing and marking as necessary to comply with current AASHTO and GDOT standards. • Submit drawings to utility owners for review. Layout utility relocation per the utility owners markup • Perform material take -offs at each submittal miestone necessary to prepare an Engineer's Opinion of Probable Construction Cost (OPCC) at 90% and 100% completion milestones. • Address comments from Georgia EPD reviewers to allow for third party NPDES construction permit procurement_ • Attend with the CLIENT a preliminary field plan review (PFPR) at 75% complete. • Develop a construction drawing set for bidding that includes: Cover Sheet, General Notes, Front End Sheets Typical Sections C Summary of Quantities G Roadwav Plans and Profiles C. Driveway Profiles Drainage Profiles (if needed) Page 1 •. Earthwork Cross Sections • Construction Staging Plans • Utility Plans o Signing and Marking Plans o Erosion and Sedimentation Control Plans and Details Ill. PROJECT UNDERSTANDINGS. ASSUMPTIONS AND EXCLUSIONS BWSC will provide the above noted services based upon a given set of assumptions. These assumptions are as follows: 1. The concept report and layout and field survey (in AutoCAD format) are available for review upon Notice -to -Proceed (NTP). 2. GDOT Standard Specifications, Standards. and Details will govern unless the CLIENT directs otherhise. 3. Additional surveying or traffic engineering will be provided by the CLIENT. 4. BWSC is not responsible for obtaining an NPDES permit or any other environmental permits. 5. CLIENT is responsible for property acquisition. Any redesign associated with negotiations with property owners during acquisition will be an additional service. Right- of-way plan development is excluded. 6. GDOT specifications will be used for the project. Development of stand-alone specifications or special provision is excluded. 7. Geotechnical and Subsurface Utility Engineering services are excluded. 8. Structural design of bridges, retaining walls, and/or culverts is excluded. 9. Issuing addenda and conforming construction documents are excluded. CLIENT to perform bid phase management. 10. Bid Phase and Construction Administration services are excluded. 11. Materials testing is excluded_ 12. As -built surveys and record drawing preparation are excluded. 13. Printing, travel, and other miscellaneous direct expenses are excluded. IV. TIME OF PERFORMANCE For planning purposes, BV%'SC estimates survey verification, concept report validation, and engineering design and construction document preparation to the 75% submittal being completed within approximately six (6) weeks from NTP from the CLIENT. V. CLIENTS RESPONSIBILITIES BWSC strives to work closely with our clients. In order for the project team to function efficiently, certain information is needed to be provided by the client and other interested stakeholders in a timely manner. These items and responsibilities are noted below: A. Provide information as required to support development of BWSC's scope as required in the project agreement for services. VI. DELIVERABLES As part of BWSC's professional services, the following are deliverables that will be produced as a part of this effort: • Construction drawings as outlined above submitted at 75% (PFPR), 90%, and 100% complete Page 2 Engineer's OPCC submitted at 9O%. and 100% complete VII. COMPENSATION The compensation to be paid to BWSC for providing requested services shall be as follows: Fee Summary Table Nems Fee Type Fee Amount A. Survey Verification Cost -Pius Max $ 2,250.00 B. Engineering Design and Construction Cost -Plus Max Document Preparation $27,700.00 TOTAL $29.990.00 Page EXHIBIT "B" HOURLY RATES RARGE WAGGONER SUMMER & CANNON, INC. HOURLYRATE SCHEDULE classification Hourly Rate Principal $225 Subject Matter Expert $205 Senior Project Manner $200 Professional Engineer V $195 Professional Engineer IV $1.80 Project Manager $175 Professional Engineer 111 $160 Designer III $155 Professional Engineer If $150 Designer 11 $145 Professional Engineer 1 $140 Designer 1 $135 Engineer Intern 11 $130 Engineer Intern 1 $115 Senior CAD Technician $105 Project Administrator $95 CAD Technician $85 Administrative Assistant $75 EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF • �%� 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: Z yyzS-F' eVerify Number r( , A) Date of Authorization BWSC Name of Contractor Hopewell at Redd Turn Lanes 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 febn,,, 24, 2016 in "" city), Signature of Auth r cer or Agent -R. Ra -,dol p h F-efgusc+1 Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE '244-k DAY OF ! L 201 b . NOTARY PUBLIC '�>>JIIltt/l,,� aN' E RS �i [NOTARY`,�A� •••••• ��;0 v f• �W:%���t���� •�� t;r a �QQ` 6 : :Z= My Commission Ee O 0J .J 4-24--19 J :0 EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF COUNTY OF 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 BWSC, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub - subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date ofauthorization are as follows: eVerify Number I hereby declare under penalty of perjury that the foregoing is true and correct. Date of Authorization Executed on , 201 in (city), (state). Name of Subcontractor Hopewell at Redd Turn Lanes Signature of Authorized Officer or Agent Name of Project City of Milton Printed Name and Title of Authorized Officer or Name of Public Employer Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ro TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager Recognizing Boiling Springs Primitive Baptist Church of Christ. Monday, March 7, 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: 0)/07/40/6 REMARKS (� NOT APPROVED (IeNQ („"NO (,KNOT APPROVED ® Your PHONE: 678.242.25001 FAX: 678.242.2499 GC@ell`c<<yt„d; ,o;iuu infoftityofmiltonga.us I www.cityotmiltonga.us Community i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 s Recognizing Boiling Springs Primitive Baptist Church of Christ WHEREAS, Boiling Springs Primitive Baptist Church of Christ has been an active church in the Milton, Georgia area since 1837; and WHEREAS, Robert O’Hara has served as pastor of the church for over two years; and WHEREAS, a food pantry outreach program was started by the church in March of 2015 to serve those in need in the Milton area; and WHEREAS, since its inception, the food pantry has served over 50 families in the Milton area, providing them with nonperishable food items; and WHEREAS, the Milton community supports the food pantry through generous food drives and donations; and WHEREAS, women of the church visit shut-ins living in Milton on a weekly basis and bring food to them. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and thank Boiling Springs Primitive Baptist Church of Christ for their compassionate service to those in need. Given under our hand and seal of the City of Milton, Georgia on this 7th day of March, 2016. __________________________ Joe Lockwood, Mayor M TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ' o L V8 @ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 1, 2016 Steven Krokoff, Interim City Manager Recognizing Sunshine on a Ranney Day Nonprofit. Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,.rAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 03l/o7/2016 REMARKS (J NOT APPROVED (4 -NO (4"NO (,rNOT APPROVED 13 *Youja *** PHONE: 678.242.25001 FAX: 678.242.2499 GtEEIt a infoCcityofmiltonga.us I www.cityofmiltonga.us WILDLI, Community i� Fii,- F 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'a` Recognizing Sunshine on a Ranney Day Nonprofit WHEREAS, Sunshine on a Ranney Day is a 501(c)(3) nonprofit, based in Atlanta, Georgia that was founded in 2012 by Peter and Holly Ranney, and; WHEREAS, Sunshine on a Ranney Day has the mission to serve and restore hope to children with special needs and long-term illnesses and their families by renovating homes, and; WHEREAS, Sunshine on a Ranney Day has helped families in and around our community find a way to smile by installing wheelchair accessible bathrooms, dream bedrooms, in-home therapy rooms and wheelchair ramps/lifts in their homes, and; WHEREAS, through partnerships with local companies and donors these home makeovers are provided to families at no cost, and; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and thank Sunshine on a Ranney Day for all of their hard work and passion for families in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 7th day of March, 2016. ________________________________ Joe Lockwood, Mayor R, TO: FROM: AGENDA ITEM: MEETING DATE HOME OF ' 4 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager Recognizing Georgia City -County Management Association's 60th Anniversary. Monday, March 7, 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: o3167461(s REMARKS () NOT APPROVED (,rNO (vKNO („}'NOT APPROVED 0,* YOUED PHONE: 678.242.2500 FAX: 678.242.2499 GPee11 '0 `c:r „r,i' ov,on r„ i infoftityofmiltongmus I www.cityofmiltonga.us Community igen <L�¢ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 s Recognizing the Georgia City-County Management Association 60th Anniversary WHEREAS, the Georgia City-County Management Association (GCCMA) is celebrating 60 years of service to Georgia’s leaders, cities, and counties; and WHEREAS, GCCMA is the recognized affiliate organization of the International City/County Management Association (ICMA); and WHEREAS, GCCMA, originally founded in 1956 by a small group of managers interested in professional development, has grown and expanded its membership to include Georgia’s city and county managers and administrators, directors of regional development centers, and their principal assistants; and WHEREAS, GCCMA membership represents several state agencies in addition to representatives of the Association of County Commissioners of Georgia and the Georgia Municipal Association; and WHEREAS, GCCMA is revered as the premier association of professional local government leaders building sustainable communities to improve lives across Georgia; and WHEREAS, GCCMA’s mission is to create excellence in local governance by fostering innovation, collaboration, mentoring, networking, continuing education and other professional development opportunities; and WHEREAS, GCCMA provides a variety of member services including a coaching program and two educational conferences each year, with programs emphasizing issues of special interest to Georgia Managers; and WHEREAS, GCCMA members also have access to multiple training programs on special subject matters as part of GCCMA’s commitment to continuing professional development; and WHEREAS, GCCMA has assisted professional local government managers in all areas of the State of Georgia in obtaining continued education and experience through scholarship and internship programs. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize the Georgia City-County Management Association’s 60th Anniversary in the year of 2016 and encourage all of our government leaders to recognize GCCMA for the significant impact the organization has made and continues to make in Georgia’s communities. Given under our hand and seal of the City of Milton, Georgia on this 7th day of March, 2016. __________________________ Joe Lockwood, Mayor TO: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 2, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of ZM16-01 - Southeast Corner of Birmingham Road and Birmingham Highway Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) by Oak Hall Companies, LLC to Modify Condition 2.a. to Revise the Site Plan to Delete Retail Buildings Along Birmingham Highway and Replace with Townhomes (RZ04-0116 and ZM14- 06). MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (vKAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (KYES CITY ATTORNEY REVIEW REQUIRED: (�S APPROVAL BY CITY ATTORNEY (,KAPPROVED PLACED ON AGENDA FOR: 01107126/4, © V Your PHONE: 678.242.25001 FAX: 678.242.2499 infoQcityofmiltonga.us 1 www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED () NO () NO J NOT AP O ED Green V Communit y CEAT,E •ED �010M 1, ' c�ryf 4y &hfa°J, y,'B GLAF Page 1 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 ZM16-01 PROPERTY INFORMATION ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural) (RZ04-116, ZM14-03, ZM14-06) ACRES 22.1 EXISTING USE One story block building and single family residence with accessory structures OWNER Capkey Birmingham Partners, LLC 5 Concourse Parkway, Suite 2950 Atlanta, GA 30328 APPLICANT Oak Hall Companies, LLC, Tad Braswell 4246 Peachtree Road, Suite 195 Atlanta, GA 30341 REPRESENTATIVE G. Douglas Dillard Pursley Friese Torgrimson 1230 Peachtree Street, Suite 1200 Atlanta, GA 30309 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MARCH 7, 2016 ZM16-01 – DENIAL INTENT To modify Condition 2.a. to revise the site plan to delete retail buildings along Birmingham Hwy and replace with townhomes. (RZ04-116, ZM4-06) Page 2 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 LOCATION MAP Page 3 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 CURRENT ZONING Page 4 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 APPROVED SITE PLAN – ZM14-06 Page 5 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 SITE PLAN SUBMITTED FEBURARY 2, 2016 Page 6 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 REVISED SITE PLAN SUBMITTED FEBRUARY 23, 2016 Page 7 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 History and Background The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.3 acres. A previous request to modify the site plan and conditions were approved pursuant to ZM14-03 on June 16, 2014 to reduce the approved density for the office, commercial retail, and eliminate the day care facility along Birmingham Road. Specifically, it reduced the retail/office from 39,000 square feet to 22,250 square feet. This request also proposed to replace some of the townhouse units previously developed with single family detached homes within the interior of the development. Included in the approved conditions were numerous design requirements for the residential units After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff determined that Condition 2.d. had not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions) and therefore the need to modify it to eliminate the community park and community septic system. In addition, Staff requested that Condition 2.a. be included to remove the reference to the “community waste water facility” indicated on the site plan within the AG-1 portion of the development. Pursuant to ZM14-06, the Mayor and City Council approved the above request on July 21, 2014. CZIM Meeting – February 23, 2016 The applicant was present at the meeting but there were five members of the community present. They were concerned with the deletion of the retail buildings in lieu of Page 8 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 townhomes and how it was inconsistent with the Birmingham Crossroads Plan. In addition, they asked if there was sufficient capacity in the sewer plant adjacent to Publix to handle the residential use and that the current users would not be impacted. There was concern about some of the one acre, AG-1 lots connected with the sewer plant instead of being served by individual septic systems. Current Request – ZM16-01 The applicant is requesting to modify Condition 2a. to revise the site plan dated June 17, 2014 with the revised site plan received on February 23, 2016. The revised site plan deletes three retail buildings with a total of 16,950 square feet along Birmingham Hwy (SR 372) and replaces them with 9 townhomes. In addition, the existing commercial building on Birmingham Road has been reduced in size 5,300 square feet to 2,900 square feet. This request does not exceed the allowed 33 residential lots which are a mix of townhomes and single family homes within the MIX (Mixed Use) zoning district. The lots on the revised site plan within the interior of the project total 24 homes and the previous plan indicated 30 on the interior. In addition, the eight, AG-1 lots have been slightly reconfigured to flip the open space area from the eastern portion of the site to the western adjacent to Birmingham Hwy. Staff has met with the developer and architect regarding the site planning and design of the townhomes and they are consistent with the conditions of zoning pursuant to ZM14- 03. The minimum heated floor area is proposed to be 2,450 square feet in size which will be rear loading with a court yard between the attached garage and the house. Although residential uses are not required to follow the design requirements, where applicable, they are consistent with the Birmingham Crossroads Overlay District. Prior to the issuance of a building permit, the City of Milton Design Review Board shall recommend approval. Proposed Modification to Conditions (ZM14-06) 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 February 23, 2016 submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation The proposed elimination of three retail buildings consisting of 16,950 square feet along Birmingham Hwy and the reduction of the retail building along Birmingham Road from Page 9 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 5,300 square feet to 2,900 square feet is not consistent with the Birmingham Crossroads Plan recommendation of providing a mix of uses including commercial/office and residential uses within the southeast quadrant. Although the reduction in retail/office is inconsistent with the mix of uses, the proposed townhomes are consistent with the following Birmingham Crossroads Plan policies 1) will develop in a village type pattern, 2) will be pedestrian oriented, and 3) will be contained within the 27.1 acres. In addition, the form and mass of the townhomes are the same or similar as retail/office buildings would be if they were developed. Based upon the fact that the proposed reduction of retail/office is inconsistent with the overall plan for Birmingham Crossroads, Staff recommends DENIAL of ZM16-01. If the Mayor and City Council recommends approval, a set of Recommended Conditions are attached. Page 10 of 10 ZM16-01 - Prepared by the Community Development Department for the Mayor and City Council Meeting on March 21, 2016 (First Presentation March 7, 2016) 3/3/2016 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM14-06) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 February 23, 2016 submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. ORDINANCE NO. PETITION NO. ZM16-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION 2.A. OF AN ORDINANCE OF THE CITY OF MILTON MAYOR AND CITY COUNCIL APPROVING PETITION ZM14-06 ON JULY 21, 2014, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.1 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 21, 2016 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and AG-1 Conditional property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.1 acres, attached hereto and made a part herein; SECTION 2. That the condition(s) were amended by the Milton Mayor and City Council on June 16, 2014 pursuant to ZM14-03 and thereafter on July 21, 2014 pursuant to ZM14-06 to RZ04-116 as described above; SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM16-01). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 21st day of March, 2016. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (ZM14-06) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 17, 2014 February 23, 2016 submitted to the Department of Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. REVISED SITE PLAN RECEIVED ON FEBRUARY 23, 2016 14. NOT& 61 ° 3714' West, 4U.3¢ facq r. ea c 15. NoEth 421 14'471 West, 1 3.83 feet; therx, R ECEIvj:D 16.%Vrz i 1ti° 13'44" Weak 19.63 16tt ttgme � [4i 17-rlvrthSO°U]'41! "�Ve ,77, 4�Crt;thCnCe COtdMUNfr'. CrTYrw 0N DE"EIOPMENT 18. nrrh 72° 23'30" Wes:, 24,14 fee'[; thmia 14. South 67° 13,57" Wm CZ,39 fbet:lhence 24. 600th 421 5"59' West, 27,80 feet; the W 21, North 12' 33' IS' WrA 25.95 fit; theace 22. North 60° 54' 14" West, 33,80 f et; thmcr 23. Nar[h 200 1113 a I We% 15,48 fzd: tEumm 24_1&4A 95'1)1' 13" West, 15-45 t tlmtca 23. South 58" 17 13" West, 14.51 fmt; [9tence 25_ Nvftr W 16' 25" Went, 19.14 frr±,thmre 27. Na h 77' 01122' West, 33.44 :00t, thetrce 29. South 795 4742. W4 -r, 25.25 fco[; trea= 29. Snulh 69' 51' 54" Wrat, 34.37 fec4 lbewc 30. Nafth 42° 58' 37" Wcvt, 1.6.78 Feet; th=w 31. N-atth 73" Z5' 46" WesE, 8.93 Peet,, therr t 32. North 27' 37' 52" West. 12.79 faet [a u poial; tlterlcc, lean q the rutcrlbre arsaid creA; 33. North 17° 12'42 " West €trr b distance Of MGM fmt �c s W' mbar fourul; t<henco 34. Nurrh 820 18' 07" West for a dis[ame of 325.90 f#.at to a �V mbar f�)=d on tha sawtTly -ade of the r`ght-Df-w2y of Riimirgham f1lgt±upy (also known as Cenrgfa 5[2+r 3ouba 3T7]: 6enot, cond3wing afajtg the aes[erly glue ar tht rigltt�cfway of 5jrmitrg*m Highway (Moo k worse m Gw%--IA Slate R-Ou a 372): 2 `J TO: FROM: AGENDA ITEM MEETING DATE: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager Consideration of a Resolution of the Mayor and Council of Milton, Georgia Regarding a Park and Green Space Bond. Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,)'YES () NO CITY ATTORNEY REVIEW REQUIRED: (v, IES () NO APPROVAL BY CITY ATTORNEY (,'APPROVED PLACED ON AGENDA FOR: ,5Io7/20/4. REMARKS () NOT APPROVED ®. You 'Green�Ceriel� ap roa PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmlltonga.us Community www.cityofmiltonga.us ® A� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ""' Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON RESOLUTION OF THE MAYOR AND COUNCIL OF MILTON, GEORGIA REGARDING A PARK AND GREEN SPACE BOND WHEREAS, the Mayor and City Council for the City of Milton believe there exists a need in Milton to expand opportunities for the acquisition, improvement, and/or preservation of park and green space properties; WHEREAS, one means of expanding the number of properties available for park use and green space preservation, is to request that the citizens of Milton authorize a general obligation bond or other, similar debt instrument such as will allow the City to acquire or obtain interests in park land and green space areas, leverage green space preservation opportunities, and otherwise fund park and green space improvements; WHEREAS, the City Council believes that a bond or debt instrument of no less than $25,000,000 is needed; WHEREAS, the bond or debt instrument contemplated above would need voter authorization; WHEREAS, one viable date for such voter approval is the November, 2016 general election; WHEREAS, the City Council wishes to formally direct staff and the City Attorney to commence all legally required steps to cause a bond or debt issuance ballot question to appear on the November 2016 general election; WHEREAS, the City Council further wishes to retain Roger Murray, of the firm Murray, Barnes and Finister, LLP to serve as bond counsel for this proposed bond or debt issuance; and WHEREAS, the City Attorney shall serve as local counsel for the proposed bond or debt issuance. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton, that the City of Milton hereby directs staff and the City Attorney to commence all legally required steps to cause a bond or debt issuance ballot question to appear on the November 2016 general election ballot; which, if approved, would authorize the City of Milton to issue bonds or debt of no less than $25,000,000 for the acquisition of - or securing interests in - park and green space properties in Milton, leveraging green space preservation opportunities, and/or otherwise funding park and green space improvements; and, Page 2 of 2 BE IT FURTHER RESOLVED that Roger Murray, of the firm Murray, Barnes, and Finister, LLP is hereby approved to serve as bond counsel for this proposed bond or debt issuance, and the City Attorney shall serve as local counsel. SO RESOLVED, this ______ day of _______________, 2016. ___________________________________ Mayor Joe Lockwood Attest: _____________________________ Sudie Gordon, Clerk TO: FROM: HOME OF ' MILT(_)N nm� ESTA13LISFIE72006 CITY COUNCIL AGENDA ITEM City Council DATE: March 3, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of a Professional Services Agreement between the City of Milton and the Trust for Public Land Regarding Conservation Finance Research. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (►U'S'ES CITY ATTORNEY REVIEW REQUIRED: (,,KYES APPROVAL BY CITY ATTORNEY (v� APPROVED PLACED ON AG FOR: 05/07/106 REMARKS (J NOT APPROVED (J NO (J NO (J NOT APPROVED X1 You PHONE: 678.242.25001 FAX: 678.242.2499 Giem ; c�ttif«a - ' info@cityofmiltonga.us 1 www �� �� >�.�� CommunityE 1yof 6W 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 urs thic, C1 H'1F 1 F U {NUM! '-1�g GJA To: Honorable Mayor and City Council Members From: Kathleen Johnson, Conservation Project Manager Date: Submitted on March 3, 2016 for the March 7, 2016 Regular Council Meeting Agenda Item: Consideration of a Professional Services Agreement between the City of Milton and The Trust for Public Land Regarding Conservation Finance Research ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The purpose of this Professional Services Agreement is to hire a consultant to research the feasibility of using a bond, along with other financing mechanisms, to create reliable funding for conservation of greenspace lands including trails and parks. The consultant, The Trust for Public Land (TPL), will conduct feasibility research examining revenue-raising capacity, fiscal impact to government budgets and/or taxpayers, as well as alternative funding options in addition to bonding and how they may be implemented by the City. TPL will also provide examples of where and how bonding has been used by other jurisdictions to fund conservation needs. In addition to the feasibility study, TPL will contract to conduct a professionally administered, statistically valid public opinion survey to test: specific ballot language and level of voter support for a land conservation funding; purposes for the use of funds the voters find most compelling; support for a bond issue of varying amounts; and accountability measures that may be incorporated into the measure. TPL will then make a presentation to the City on the key research findings and poll results and recommend a conservation finance strategy for the City of Milton. If the City decides to move forward with a ballot measure, TPL will advise on the crafting of the ballot language, using statutory parameters, examples of successful ballot questions, and consultation with bond counsel as necessary. Page 2 of 2 Funding and Fiscal Impact: The total Professional Services Agreement cost is $30,000 and is budgeted. Legal Review: Paul Frickey, Jarrard & Davis, LLC, City Attorney Attachment(s): Professional Services Agreement, Trust for Public Land and attachments 1 PROFESSIONAL SERVICES AGREEMENT CONSERVATION FINANCE RESEARCH This Agreement made and entered into this _____ day of _____________, in the year 2016, 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 The Trust for Public Land (“Consultant” or “TPL”), a national 501(c)(3) nonprofit organization having its primary place of business at 101 Montgomery Street, 9th Floor, San Francisco, CA 94104, with the City and Consultant together referred to herein as the “Parties.” WHEREAS, the City of Milton will require certain conservation finance research services beginning upon the issuance of a Notice to Proceed by the City; 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 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. The compensation for Work performed shall be based upon the rates set forth in Exhibit “A”, attached hereto and incorporated herein by reference. This shall be the sole basis for Consultant’s compensation, Consultant shall not be entitled to any additional cost reimbursement, and Consultant represents that this amount is sufficient to perform all of the Work contemplated by this Agreement. Compensation for services performed shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a fee of $30,000.00 (the “Contract Price”). 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $30,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent contractor. The Consultant is not an employee, agent or representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both 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. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, l iability, 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 3 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: 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. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. 4 (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against t he 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 3 of this Agreement. 5 (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 insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination Time is of the essence of this Agreement, and the Consultant shall begin work promptly upon receiving a Notice to Proceed by the City. The Term of this Agreement shall begin on the date first written above and terminate upon completion of the Work. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by 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 (30) days prior written notice of such termination to the Consultant. 6 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, and 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 or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly aut horized representatives of the Parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 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. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 12.0 Entire Agreement 7 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 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: Will Abberger, Conservation Finance Director 306 North Monroe Street Tallahassee, Florida 32301 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited 8 (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 “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, 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 “D”, 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 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 its subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where 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 contractor or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and its subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a contractor or 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. 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.] 9 ____ 500 or more employees. ____ 100 or more employees. ____ 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. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, co lor, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 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 Joint 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 Consultant, and the City shall be entitled to full access and copies of all materials. 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 sub contractors, 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 Force Majeure 10 Neither the City nor Consultant shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (f) delay or failure to act by any governmental or military authority; or (g) any wa r, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 24.0 Survival of Terms All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 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 FOLLOWING PAGE] 11 The Trust for Public Land ___________________________________ Signature _______________________________________________ Ernest Cook _______________________________________________ SVP _______________________________________________ Date [AFFIX CORPORATE SEAL] Attest: _______________________________ Signature ______________________________________ Print Name ______________________________________ Title ((Assistant) Corporate Secretary) CITY OF MILTON, GEORGIA: Joe Lockwood, Mayor ___________________________________ ___________________________________________ Date [CITY SEAL] Attest: _____________________________ Signature ___________________________________ Print Name City Clerk___________________________ Title EXHIBIT “A” SCOPE OF WORK EXHIBIT “C” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF ___________________ 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 service s 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 au thorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization The Trust for Public Land Name of Contractor Conservation Finance Research Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “D” SUBCONTRACTOR AFFIDAVIT STATE OF ____________________ COUNTY OF __________________ 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 BWSC, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of servic es in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub - subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________ eVerify Number ________________________________ Date of Authorization ___________________________ Name of Subcontractor Conservation Finance Research Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ Page 1 of 2 March 3, 2016 Will Abberger Director Conservation Finance Director The Trust for Public Land Tallahassee, FL Dear Will: By this letter, the City of Milton, Georgia officially requests technical advice and assistance from your organization in connection with our efforts to develop a program to finance land conservation and recreation and a potential related ballot measure. As part of your advice and assistance, I understand you may conduct public opinion research, study local laws and recent elections, and evaluate the feasibility of acquisition, in fee or through conservation easements, of key properties. We are interested not only in the factual information that you can provide to us, but also your organization’s opinions and recommendations on public funding measures available to us and strategies to enact such measures. That would include understanding the public’s priorities and attitudes regarding land conservation and other issues currently facing the City and how the public would respond to different methods of presenting those issues. Although your submissions will be directed to Kathleen Johnson’s attention, I understand that your responses to this request will be for the general use of the City. Page 2 of 2 This request will continue in effect for any advice you offer or presentations you submit related to such matters. In addition, we would like to take this opportunity to request that you continue to be available to provide technical advice and assistance in this area and on related matters in the future. Thank you for your organization’s contribution to the work of the City of Milton. Sincerely, Mayor Joe Lockwood City of Milton mo TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF ' ESTABLISI-IFD 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 Steven Krokoff, Interim City Manager Consideration of a Resolution of the Mayor and Council of Milton, Georgia Regarding Legislative Annexation. Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: (V�- Es CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 031u]/za(, REMARKS (J NOT APPROVED H'NO („yNO ll,^OT APPROVED 91 y YOU( PHONE: 678.242.25001 FAX: 678.242.2499 Green "v *crnen{ ; infonscifyofmilfonga.us www.cityofmilfonga.us "' Community i E;kWHOM ;:;' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004'B" STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON RESOLUTION OF THE MAYOR AND COUNCIL OF MILTON, GEORGIA REGARDING LEGISLATIVE ANNEXATION WHEREAS, there is located in the municipal limits of the City of Milton, a parcel of property located at 12225 King Circle, Milton, Georgia 30075; otherwise known as Fulton County Tax Parcel 22 352012330709 (the “Subject Property”); WHEREAS, the Subject Property is more particularly identified in the tax map attached hereto as Exhibit A; WHEREAS, the Subject Property is 4.11 acres and is bisected by King Circle; WHEREAS, on February 8, 2016 the City of Roswell, by and through its Council, expressed a formal interest in having the General Assembly sponsor a legislative annexation such that the Subject Property is removed from the municipal limits of the City of Milton and becomes part of the municipal limits of the City of Roswell; WHEREAS, the City of Roswell’s interest in such legislative annexation is contingent upon the City of Milton expressing no objection to the Subject Property being removed from the municipal limits of Milton; WHEREAS, the City of Milton has no such objection; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton, that the City of Milton expresses no objection to the Subject Property being removed from the municipal boundary of Milton and made a part of the municipal boundary of Roswell; BE IT FURTHER RESOLVED that the Subject Property is the only property for which this statement of no objection shall apply; and this statement shall have no application to any other parcel or property within the municipal limits of the City of Milton. SO RESOLVED, this ______ day of _______________, 2016. ___________________________________ Mayor Joe Lockwood Attest: _____________________________ Sudie Gordon, Clerk Fulton County Assessor Parcel: 22 352012330709 Acres: 4.11 Name:SMITHCRAFT PROPERTIES LLC Site:12225 KING CIR Sale:$300000 on 2015-07-20 Reason=9 Qual=U Mail: 2300 ABBEY CT ALPHARETTA, GA 30004 Land Value:119500 Building Value:139800 Misc Value: Total Value:259300 Fulton County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. Date printed: 02/15/16 : 18:28:16 n TO: HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 29, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of Possible Ratification of a Settlement Agreement Between the City of Milton and T -Mobile to Resolve Litigation and Otherwise Authorize the Erection of a Telecommunications Tower at 14495 Hopewell Road. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (q"APPROVED CITY ATTORNEY APPROVAL REQUIRED: {, YES CITY ATTORNEY REVIEW REQUIRED: (,)'YES APPROVAL BY CITY ATTORNEY (,KAPPROVED PLACED ON AGENDA FOR: 06/o ho16 .f7 Z"16 N (J NOT APPROVED () NO (J NO (J NOT APPROVED KIV Your* *ti* PHONE: 678.242.25001 FAX: 678.242.2499 Green CP*C'"j* QEinfo@cityofmilfonga.us I www.cityofmilfonga.us Community i � h;cL f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION T -MOBILE SOUTH LLC, Plaintiff, 0 CITY OF MILTON, GEORGIA, Defendant. CIVIL ACTION FILE NO. 1:10-CV-1638-RWS SETTLEMENT AGREEMENT Plaintiff T -Mobile South LLC ("T -Mobile") and Defendant City of Milton, Georgia ("City") hereby agree as follows: WHEREAS, T -Mobile entered into a lease agreement for a proposed wireless communication facility at 14495 Hopewell Road, Milton, Georgia (the "Site"); WHEREAS, in November 2009, T -Mobile applied to the City for a conditional use permit for the purposes of installing, operating, and maintaining a personal wireless services facility at the Site proposed by T - Mobile to consist of a 150 -foot tall monopole tower accompanied by a four (4) foot lightning rod and a 50' by 50' fenced equipment compound; WHEREAS, the City, after conducting public hearings, denied T - Mobile's application for the Site; WHEREAS, on April 28, 2010, the City issued its written decision denying T -Mobile's application for the Site, and such determination is a "final action"; WHEREAS, T -Mobile timely appealed under Section 704 of the Telecommunications Act of 1996, Pub. L. No. 104-104 (the "Telecommunications Act"), codified at Section 332(c)(7), from the denial by the City of its application (the "TCA Case"); WHEREAS, on November 2, 2015, the District Court in the TCA Case issued an order granting T -Mobile summary judgment on its claim that the City's denial had the effect of prohibiting the provision of wireless service in violation of 47 U.S.C. § 332(c)(7)(B)(i)(II) ("Summary Judgment Order"). In the District Court's Summary Judgment Order, the Court permanently enjoined the City from denying a conditional use permit to T - Mobile for the purpose of installing, operating, and maintaining the tower and equipment compound that was the subject of T -Mobile's application; WHEREAS, on December 1, 2015, the City timely filed a notice of appeal of the District Court's Summary Judgment Order to the Eleventh Circuit Court of Appeals, said appeal designated as Case No. 15-15374-E (the "Appeal"); PA WHEREAS, on November 16, 2015, the City moved the District Court for a stay pending appeal. On December 4, 2015 the Court entered a consent order requested by the parties resolving the motion to stay whereby T -Mobile agreed not to seek issuance of the permit sought in the TCA case pending a final disposition of the matter on appeal in exchange for the City's agreement to reasonably cooperate in expediting consideration of the matter on appeal; WHEREAS, on January 27, 2016, pursuant to an order of the Eleventh Circuit, T -Mobile and the City engaged in mediation lead by the Eleventh Circuit's mediator. T -Mobile and the City engaged in an additional meeting with the Eleventh Circuit's mediator on February 1, 2016; WHEREAS, as a result of the discussions in the mediation, T -Mobile and the City have reached an agreement to resolve their dispute and the pending appeal which they wish to implement by this document and subject to its terms and conditions; WHEREAS, the parties wish to do so and enter into this agreement without any admission of fact, law or liability, the parties deciding to settle the above -captioned litigation by implementing the District Court's Summary Judgment Order subject to and on the terms set forth herein; 3 WHEREAS, this Agreement was presented to the City's Mayor and Council for its consideration on March 7, 2016, and, at that time, the Mayor and Council agreed to and approved the terms reflected in this Agreement and authorized its due execution and compliance; NOW THEREFORE, the parties agree to undertake all necessary actions and fulfill all applicable requirements under federal, state, and local law on an expedited time frame including but not limited to the following: 1. Simultaneously with the execution of this Settlement Agreement, the parties hereto will execute the Consent Judgment, which is attached hereto as Exhibit A. 2. T -Mobile will file the Consent Judgment in the District Court in the TCA Case within 10 days after execution of this Settlement Agreement. T -Mobile will file such documents as are necessary to comply with Federal Rule of Appellate Procedure 12.1. 3. Upon the request of T -Mobile, at the first regularly scheduled meeting of the City Council following such request by T - Mobile and where the matter can be placed on a published agenda, a conditional use permit shall be issued by the City to T -Mobile for the construction of a wireless tower and 11 equipment compound at the Site in the same location as requested by T -Mobile in its original application filed in November 2009. The wireless tower and equipment compound authorized to be constructed by the conditional use permit shall be as specified in the project drawing plans attached hereto as Exhibit B for a 150 foot tall tower camouflaged as an artificial tree (known as a "monopine") accompanied by a four (4) foot lightning rod and a 50' by 50' fenced equipment compound. 4. Within thirty (30) days of issuance of the conditional use permit, T -Mobile shall submit project and construction drawings to the City along with all other documentation required to support issuance of a duly -authorized building permit for the wireless tower and equipment compound. Within thirty (30) days thereafter, the City shall grant T -Mobile the necessary building permit for the tower at the Site. 5. T -Mobile acknowledges that compliance with the City's ordinances regulating issuance of and compliance with a building permit is required and will be provided. T -Mobile also acknowledges that it is required to comply with all other ordinances, regulations and laws governing the construction, E operation, and maintenance of the wireless tower and equipment compound. 6. The parties hereto each agree to support the terms of this Settlement Agreement and to take all actions and execute all documents as may be reasonably necessary to carry out the terms of this Settlement Agreement. 7. Nothing contained in this Settlement Agreement shall be construed as an admission of any fact, law, or liability of any kind. 8. Each party represents and warrants that this Settlement Agreement has been duly authorized by all necessary votes, actions, and other requirements of T -Mobile and the City and constitutes a legal, valid, and binding obligation in accordance with its terms, and that no consent or permission related to the obligations assumed by this Settlement Agreement is required under any covenant, agreement, or encumbrance or under any law or regulation of any governmental entity or jurisdiction. 9. The rights and obligations of the parties to this Settlement Agreement shall be construed and enforced in accordance with 0 Date: the Telecommunications Act and, subject thereto, in accordance with the laws of the State of Georgia. 10. This Settlement Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. 11. T -Mobile and the City agree to cooperate and to act in good faith to achieve the terms of this Settlement Agreement. 12. The individuals executing this Settlement Agreement on behalf of the respective parties have express and lawful authority to do so, and it may be executed in counterparts. PLAINTIFF T -MOBILE SOUTH LLC By: Its: Date: DEFENDANT CITY OF MILTON, GA By: Its: 7 EXHIBIT A (CONSENT ORDER AND JUDGMENT) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION T -MOBILE SOUTH LLC, Plaintiff, ►IA CITY OF MILTON, GEORGIA, Defendant. CIVIL ACTION FILE NO. 1:10-CV-1638-RWS CONSENT ORDER AND JUDGMENT Pursuant to Section 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. § 332(c)(7) (the "Communications Act" or "Act"), the parties' Settlement Agreement filed with this Court, the documents and information submitted in this action, and based on applicable law, the Court finds and orders as follows: Plaintiff T -Mobile South LLC ("T -Mobile") applied to the Defendant City of Milton, Georgia ("Defendant" or "City") for a conditional use permit for the purposes of installing, operating, and maintaining a personal wireless services facility at 14495 Hopewell Road, Milton, Georgia (the "Site"). Upon the City denying T -Mobile's application, T -Mobile filed this lawsuit alleging that the denial 8562432v2 was unlawful, alleging that the denial effectively prohibits personal wireless services in violation of Section 332(c)(7)(B)(i)(II) of the Act. On November 2, 2015, this Court entered an Order granting T -Mobile summary judgment on its claim under 47 U.S.C. § 332(c)(7)(B)(i)(II) ("Summary Judgment Order"). The City timely filed a notice of appeal of the Court's November 2, 2015 Order, appealing the Order to the United States Court of Appeal for the Eleventh Circuit. On December 4, 2015 the Court entered a consent order requested by the parties resolving a motion to stay filed by the City whereby T - Mobile agreed not to seek issuance of the permit sought pending a final disposition of the matter on appeal in exchange for the City's agreement to reasonably cooperate in expediting consideration of the matter on appeal. T -Mobile and the City have entered into and executed a Settlement Agreement to settle and resolve the claims by T -Mobile in this matter. This Court has subject matter jurisdiction over this case pursuant to 47 U.S.C. §332(c)(7)(B)(v) and 28 U.S.C. §1331. Therefore, IT IS ORDERED that the executed Settlement Agreement between T -Mobile and the City is hereby made the Judgment and Order of this Court, and that the remaining parts of this Judgment and Order shall be consistent with such Settlement Agreement. 8562432v2 2 IT IS FURTHER ORDERED that upon the request of T -Mobile, at the first regularly scheduled meeting of the City Council following such request by T - Mobile and where the matter can be placed on a published agenda, a conditional use permit shall be issued by the City to T -Mobile for the construction of a wireless tower and equipment compound at the Site in the same location as requested by T -Mobile in its original application filed in November 2009. The wireless tower and equipment compound authorized to be constructed by the conditional use permit shall be as specified in the project drawing plans attached as Exhibit B to the Settlement Agreement for a 150 foot tall tower camouflaged as an artificial tree (known as a "monopine") accompanied by a four (4) foot lightning rod and a 50' by 50' fenced equipment compound. IT IS FURTHER ORDERED that within thirty (30) days of issuance of the conditional use permit, T -Mobile shall submit project and construction drawings to the City along with all other documentation required to support issuance of a duly - authorized building permit for the wireless tower and equipment compound, and that within thirty (30) days thereafter, the City shall grant T -Mobile the necessary building permit for the tower at the Site. IT IS FURTHER ORDERED that as a result of the City's action in response to this Order and pursuant to the Settlement Agreement, T -Mobile shall be authorized to construct, operate, maintain, and use a personal wireless service 8562432v2 3 facility located at the Site, as proposed in its Application to the City and as conditioned by this Order and the Parties' Settlement Agreement. No other relief except that provided according to the provisions of this Judgment and the Settlement Agreement entered into by the Parties is granted hereby. No costs and/or attorney's fees are to be sought by or awarded to any party. SO ORDERED this day of 2016. Richard W. Story, Judge United States District Court Northern District of Georgia CONSENTED TO BY: /s/ Scott E. Taylor Scott E. Taylor Georgia Bar No. 785596 ARNALL GOLDEN GREGORY LLP 171 17th Street, NW, Suite 2100 Atlanta, Georgia 30363 Tel.: (404) 873-8500 Fax: (404) 873-8501 Email: scott.taylor@agg.com Counsel for Plaintiff /s/ Kelly Michael Hundley 8562432v2 4 (e -signed by Scott E. Taylor with express permission) Kelly M. Hundley, Esq. Georgia Bar No. 378205 KELLY MICHAEL HUNDLEY, LLC Two Ravinia Drive, Suite 500 Atlanta, Georgia 30346 Tel.: (770) 680-4391 Fax: (770) 825-9055 Email: khundley@kellyhundleylaw.com Counsel for Defendant 8562432v2 5 EXHIBIT B (PROJECT CONSTRUCTION DRAWINGS) Z DIM 2111 Hill o Oin w Q O W W rij Z O ^� (CO V ■ LL ~ Z O U 4w rM4 C) c)wo� o��gQ LL ■ U) 0 w C U ~ ■ (n FM=4 11V I gill ��¢ � a w U ab m�$ O ¢ $ 9 3 a i g F LV N C4 VLS 0 1 0 10 INyy 0 p p Fz t I NN N N w � 4 N cc� 5 a � CD w eli -+' � C C7U oho IN �� s sa OQ e 2 E LU l• � - — 3 a n � �+ ���� S b S Q Y 7� R E3 xx w S O(Y.1 z mm = g (� O <� p�,Oy�e 7�Z �f�!��0 SQF�(����� 4 �1-�y�N $1`< eYS�� JZ�WZZ0� N �c5 jo o m4* a� k`oH1� F� � dale 3Wi�d V<S Zpp� )3I�+�<<41 /1�1�Cy B�IQWir7 jg0 z x ZNi 7l `QFjQ&q f�H �=FoIi w0���1N lo- pig ��� mzK o z� B91 198 m m§Xg ��a j N� VIA � ffiggll WQ61 ; Z. � �� Wm O� N O Gm \ w<W'C1 CYG "_� � oO~ yd8.0 ^ =e WQ 'I�iQ ZpN 00� mmm e3 N W a< FZ < OC7 dW W CZ jig 5 R 1 m� NOdjpig °wo<w ozc— qo o oz _ ((((������jjjj W oo 33 a XX Z yl y� F� K� 2m� .N i9m1N06 5� � el S -18 NOW zo �� 11 C50 des , F � t3 � r, z1g, gyxAM14. HIm" ���l e 9 ¢ Cyy $3 =A s 196 Lo - = Gm8m� i 1 181- l P, of ri ri d r c of c ^ iJ ri 4vi 6 ilffi bg d� m`� V'32FWO a O� RIX _N J o�' �� Zd� 4Fz R Bo mEF ¢p p��2y 9 OV '�< {j�I FF F f/�W '^ `y 25 �' El� 1y appF9O Ha p WO� g� VC' 4¢ �7 7GVh1 SS�� W A Ww rri lop W W��TL^xxC �f�A 0�7 O �m W� ` w WZ �W O8 Fp , <rh OS �V Om {� N j W (J 3§+ N o Diii N a z S S _= � 0-m _��i` p�0� �Jm yy��N FW mF m �c QECtyms UWP¢¢[[ 3NLL,S V O Y2 -g¢ HOw z g = _ p5 oFz p$�Gdry�l pi a WjF g cgm a �$ �j 3Ud O p y10X o..SO O e~eU~<O N �F�7El m y_Q� a $ X z gig «i �Nr� ?0U ZC7W z �tsU Vl�e� d �y O fw/l � W pl�<� 1<iT 4�1W P. oma ' o m 0 3r ¢ s J O wF- _ yN NS2W m O O gym¢ ylm��° W 15 pi€ Wz< �y� G A y� dd G1 N 0 YO ap � U' U�Qj J°� -6128 = W [] W dVjT3 d' m�yq� cS� m o a ¢ z �it ci 0$(, $- a$o$ fz =e� 3 ¢t9rz c'S o� 08 'm8� V 11 52 11201 4pp k '¢�a ' lm� $�N' i 3 j� jz "sH m g mF °6 r z o �' pz plu NEW ,82 �n s uta � jx� 0 � I azo 7�` o � Z �PRA � � 3mg V1 = z < J� �¢ fS 15 No W61 H X la C1 4 6 'G n 00 6 O M 4 N 6 Y+F CO �$ S W❑Z �y8 SS �gFo O � � cc � m� �� g 11 JW co u. Chi v c as OQ= LU WU' jjmg�_ za 00Okfff33^ a 3x z 45 0 Wo�op o "1 e 8 foo �� z m J Omm ng€ 0 W. S N8 ao 8 B 8 iv ri 4 A io r ro 6 6 _ �j 'i 4 z g & � zo I I 1 06�" 0 13 I� I s= 1' rL �1 .8 N D had 7 p= U' O Z 3<< W qc 6 Bon O WW S��33 4fis z9d mm OF N p O zz 0-M�o8� d �=z � �O�mi ;3 jjmg�_ za 00Okfff33^ a 3x z 45 0 Wo�op o "1 e 8 foo �� z m J Omm ng€ 0 W. S N8 ao 8 B 8 iv ri 4 A io r ro 6 6 _ �j 'i 4 ¢ $g w03•Ranms;uiodo:4uiod (m) L6W ,95-RZ9 (1) ()"V-S99.8L9 (d) 0. f- RVJO£ e?SinaE) 'anoaD;snool � ;aaus uosmour ow �e SdOA3AdnS 4NV1 _ — N ti 1NIOd 011NIOd JBfiiIN.Fi11.1 A'IAHM1! IYaI!]cn I 9 a e n Z 00 24�� —_ MR -4 l ¢ A g v d oil me al 12g Mum f- �e N ti I 9 a e n Z 00 24�� —_ MR -4 l ¢ A g v d oil me al 12g Mum R;2P-R ��Btceab��� �e N ti R;2P-R ��Btceab��� �, ar IIIWOTAanmsplodonuiod (m) L6titi'S95'8L9 (1) OVVb'S9q'8L9 (d) MOE a[B)OOD 'am)!) 4snool iasis uosmae f o i 8 v Sd0A3Adns aNV1 C'�A4 1NIOd Ol 1NIOd a 9 4 C5 0 s F 1 N FOUR; tc Z 0 W O woo,Aamnsjwodoguwod (M) M17'999 -M (J) Ott V-999'819 (d) BtiZOE ei8aoaq 'anoJ!);snool loo-qs uosmoef om SdOA3AanS aNV1 1NIOd Ol 1NIOd JN f]�Nd9d,i A}9if1i 1N3W3S/3 6 lip 1 J fYY,VIC � M, El ga ¢ . 08 ,�v SS W L J J N a bit, Z 0 W O woo,Aamnsjwodoguwod (M) M17'999 -M (J) Ott V-999'819 (d) BtiZOE ei8aoaq 'anoJ!);snool loo-qs uosmoef om SdOA3AanS aNV1 1NIOd Ol 1NIOd JN f]�Nd9d,i A}9if1i 1N3W3S/3 6 lip 1 J fYY,VIC � M, El ga ¢ . 08 ,�v U N Z- I ZOO Z�Z O OI G ti yo ❑ N Z W z 40 1 W� Y I O o w $O K N 1 � SiR• d.Rr n Zq o QoQ o f Z Z O �i •� �g�{X�XJt I ON 50 o — — -----r •— —•---4- — .—.�...—...— — .1. �o go1 K Z 0 W R � M Z mW W 2 m�0 � � C=1 Z I�Q¢ (WjZ ZOO wo f � W l z Vo U ZO 4 .] z � N N W - W K O K rt s wo o we J 66cn P4 4 o waon anru U N Z- I ZOO Z�Z O OI G ti yo ❑ N Z W z 40 1 W� Y I O o w $O K N 1 � SiR• d.Rr n Zq o QoQ o f Z Z O �i •� �g�{X�XJt I ON 50 o — — -----r •— —•---4- — .—.�...—...— — .1. �o go1 K Z 0 W R � M Z mW W 2 m�0 � � C=1 Z I�Q¢ (WjZ ZOO wo f � W l z Vo U ZO 4 .] z � N N W - W K O K ail qQ 93 Y ir Cti n 0Fo BB m w d Ocy)o� HLLON 3flill w F 9 v °' d J wa m � W G VS -G! xg 1 1 1 1 ►► �aa a Rd's to _ ���i O � �� � P •r�a�� ��� m��� s � tai cl, 9<zo ornd o WIpH 3f1H,1 R M Rs �Y Zo s o A_ O �g 1 1 tinder[ l 1 ri Z�7 2 1 y 1 r s 1 F / nAlf / 1 1 Z.m _�-- N � r � � / w / / / V 0 No Text H .Q ��_ �z ED o� ! 6 z Y M -8 z C) 9N Z L>Lj LU wo; a i2 Aj- MIS a°OL. ? �f xg ¢ W Z a R �, I.� �"wzo d SSC Ski Ing W �GI�fJ z _ �.. ' '�alw .31 ,�w or wa� � o z f. N31N3`J OYli 1RRiitN1' 3R80R-1 ,SY L 3HIdOROR AO dol ,OSI i unrns ��nl-nv�c �n ..n� ,�w or wa� � o z No Text y� bQ �Ey 6�n ����44 �• �€� •� a $ a oNY ar k ' -p zm� � �_ z M Z�J N N -d s i go W Z 0 m U 3 !, m� M rya{ ^hhyy W i s �Q i.I y '�MtlMilvl• Mtl 3 .�p ^t�rL•M I - p y�,�tl M- SJtl7 44.1 RRRS �r��n5SM nd3 'd`r���',^�'o'�� v s - s $ a� � P- O � P- F Avrl Alj�fi ANN r 0 gig N [[rr�yylI W n H 4 W s P F N p pig 44.1 � P- O � P- F Avrl Alj�fi ANN r 0 gig N [[rr�yylI W n H A 1a �1$d� Z z Sgfl�OUwor ff ab l�$f� s1 z LL Wa 211000 w 1pWpW� _� m1O a� 11 o QciIS U c w e5mdo@ o m 7 _5 ME Eq Li MR 'OZ J C4 a 4 4 m HlSON L 08� oda N � e L O * `4 ..L 177. � s z _ H.1 Z 3 I c INN I s MENNEN uMENNEN. MEMEME MENNEN .Il f m �1 MENNEN 14 Igo WZ M. . p o W t Z~mala Ll 7C V f gQ L) LL F LL 8 z IN $ rctin �"_3 A 618 oce C4 m 6 C p :,-j 000.4 10 � o Z $LL 8 88�8l Abp a M : 6 a m K� og P I� 0 QJ I�{ww(( W W 71 d W18 goy 0 0 ,n f� _f cy JL � z� 12 I �II�1�1' I' �� _••� — J�G� �QZ '�—r��l 1�1-�I1•�I �: ;Ili ���� a $ 'NI" ,14 �y o ' w N LO pc'� U 8E ,\m� �i j ■ ■ ) Ar` a K §�! (§ Gw�2 - ■| zinhg § |e° �§ � § � � § & _ � �� � � | § G 2 �lk, || ,[. n�a �§| | § § §} 0"2§@! , % © § :o &� ■ �' § �kd�� | � � .■<�-, �| §! � |||■■■ ■ � � | M� » EI § Q § e ) m Vi & | � � | M� » EI ffiY p �� a S��m 4A- ��k �z �!qjljjj F5a Q�x O� 0 0 000 W ��g a \ I L cqW �rr�jj~�O �a5 Z �Q &&ypppN�W� V 0 0 000 hjl; El r• U W ` O 8 O ?i b �Q &&ypppN�W� V Z WW J� ��<m r ri � vi hjl; El r• U w� x�z _ s1, 19 =6� a W$o �- -14 4 Via 3a9ti �Z w 31 z R we o glop. R4 a py oC� ohUh-1 3 -asps c� aLE�qF- se� o -� P 4o�s W ail_ 2 3R m tyW W3� to c; W N Z QgWv � Z U KK� QQZ C F U j� ll w G I� a J � rli � KKY 4l Q� 30 L'1 z 9 f N q u1 z9 , VF,— ii772ff o Z 5 010 ij El 5y� k FTli .9 L„f • I � � ^< fel 'Hln .aF •Min •9� '� � � N � I 'ran .x •mn .sr r --I g C7 U Q�le p ZIRD ZJ O z t^i g^ 3 15 I� •e � � � ca �� a co 0� U ¢¢ O w @ Q 4 i MITI N _ �y9� e�� �A K� Big J4� e 8s� N � G] �it5 IW E�=1 B WS J a q _" s Sim s 3 r 8 Rol � ai; 81 9mr CJ �� Z < 6�� W � -'OO @ G73 i9 N O 00 d ri w ri m n ad F- X W mon �A x� } Q O O W Z ua �� � � oopODpGGG 0110 0o11u 00[7 G011O DDI SDOOD 0D11 111111" ON Z ODO 11110 rup110 �} 0011 Ooo 3 GOp OOD❑ GG11 00110 o GG 01100 G GOOD 00000 L D00 nDo N1 El J O a a >> PWVO ad 2 N {ay 1 J Z3 e W C M � N Z Q 2 y zIN�FQQ� � 4 � tttCnnn g n S � ; o QN rc a a a x� } Q O O W Z ua �� � � oopODpGGG 0110 0o11u 00[7 G011O DDI SDOOD 0D11 111111" ON Z ODO 11110 rup110 �} 0011 Ooo 3 GOp OOD❑ GG11 00110 o GG 01100 G GOOD 00000 L D00 nDo N1 El J O a a >> PWVO ad 41 1 T AT - � czz b ` �g n tRirlti.',. h QN rc a a �o z lui o 3 0 = in N7 a' F Z�gU gO JO Uc z Z p ti 4 z 8 Ix o Vwi 8 m` O W U < Phi � 7 rg = 8 G�g1 w S w N 4 a V w�j ow J a l CL Na a x� } Q O O W Z ua �� � � oopODpGGG 0110 0o11u 00[7 G011O DDI SDOOD 0D11 111111" ON Z ODO 11110 rup110 �} 0011 Ooo 3 GOp OOD❑ GG11 00110 o GG 01100 G GOOD 00000 L D00 nDo N1 El J O a a >> PWVO ` �g tRirlti.',. h QN rc a a x �= _3�ccgaA =ten ~� Wo =2 ,Q M Q �G �"r OQ$� i aha H O o�m a� irj�lu Til W � Uo)l 2 0¢ KWON 3naL T` a o ^'om z spa _ a R11 C: —EF-71 f8a4� ' 'o o ow t �o JEa iJ O �o' U riWO �yQW 2 �WWo $ X31 z' o �8� HIM- All v�i' yah m�pGio ��IILLJ'J ZQD(7gST�� �3,�+Y�Fn• �A� 7�� �1/C1/�� p�a�=VN1 O MUNI,�7�I##ml �1,11 WJE Allo FSa � � �j�g =14H!i 7� viii 1,11�i�p & a 1cd s 'eva g 1mdd-1 3!-- -i lm tidal Wd x. vi -• d ri � U Z Mon `PE !2z mjA 'SIS 8 2 � Z :7 $ on PE z S9 �" 5p Yi R B M 4 8 < W Z IJ 4! H ow �WW FW��< lop �f o=Wp < 8 Rspw mN IGj ]y<W� B LL W 1�(SC WIi 'y'y��j++jF=FI�{<<1 I]EEI;��µy�µ���j�j p�`� �m22 CI A J Yl m r m v a 0 0o��o� 4 Fowl Fa mom z - gE3o= gJ CNIFO 33L1 iw3 W r J 4 -40 IHMH S/ls R + b o N 4 _ _ R Z -- acn o 'S = to N W m ((f No Text No Text Mir �� ■dt�� x �5 PAF s@Ka OQ� 2 ❑ 142 NW3 j� W � H FU210N � 1 O z n r -w mx =m 1 _ S 1 i O Eli Nt I .N.T3 S U N O = p O =2 F We` O OO � IJ po C Z W ri� K mQ !i o �q'1 = pV ZOM _1 Y -p -p11 O~ n $O? K 3 N 47 ONO IFN M'•' s 0 I Z �i o99 8 V p� WZ50 i $3 NO vii O DO O DOO O DO R® av H yyoo F ZO>> KPz C O O Yl ONm Sg _ _ Z � p4 � � � OZ � v 0 Z � Qz� W� fez fop17' ZZ � 6 W WgE0y Z 0 z" O0 $1 Ay Ei W X mpg W i3o = a2 GS N Ui0 O pO ZN 0 0 ¢ e z z mG g Z FO OR ZS 0C) 8 O X000000 0000000000 ..4 14 . G F w� FAQ r ---y < R w b k°O o ro�� �wIww Z w w -i If fE S O�Q a z z< 1!1 �i qy1 W C3 0 B jN z FS ! # F! g $ o ' 8z of E w e z 3e n Z N Ej � PN @RRF� F 3 i zFS USC 2 zUj j& p ZS 12 $$$ i 4 ri w ri ri 6 ai o d �i L6 ci ri �i � 4y v2z W Z z O g Vl 3 W O O U l lH.113121 Y 1 3 0 Z �Z3c�c3 _52$altq N Z O m m o �1 U m zo W 2 G� N p2 J ISJ O G W 3 O W U IJ z 3 m � X ni. i z W X m, ; .i-3 Y -3.0 ,0-,C O M3sw LjnQN00 �j-, '4pil J_ ri a p13 z ca Q �4 e� E 5 G W �j-, r�'�O � 4•,,f N yq o� i F--gy m r In g i5 �� 4 °'e )r a ��� ■ �� x a s � � d¢Lu s o f' d i5 L) C) s � I i a w � 8� 3 a I g � L) g �i5 j1 C U= R,z w I3 L — f o z S Q i G1 z v 18 I �J p}p}w F g5 O W O rc _ z z O 8 S4 lil O FO N Cl W $ < g= F- $? ziFo3 ii z a p Z �{ �8 r6 3 N � a e ■ / La ri 3 x v Tr�,�.i, i E i m g�6 I all � 3nrusm +x07 -1e -a � �a � • � a ao •Niw or 90ty IL ooU Li 1-10 �nii7 ,Z -` st 7a �4R6 �a cn -3o 3T Yds UI R7q ��Fd Yy 3 m�� R co is gg rnm� gq p e W x v Tr�,�.i, i E i m g�6 I all � 3nrusm +x07 -1e -a � �a � • � a ao •Niw or 90ty IL ooU Li 1-10 �nii7 ,Z -` st 7a �4R6 Ea�5 a0 <IN s jV"�FWo LD w �a 4-5 O g€3 gi gs WUW 1-� -------------------- 4-5 --------- no �o 00 7 U "I 12 Rid n p N w 2 do � 0 �Z 12 Rid n p N w 2 r-1 �o R P4a o^ Z - CYY 1 11 P 01 • U," ZI—ImCO oi am �u 'Fv poIr rno=Z a w H -' Q �.o 6.m 20 g��e� 8 gw1 �8 m th N Z p ` Za � .!Ml FOO I Qm 9�`�< �?p C� 5 €R g U' c S LL' wPDX PH 41 a x yYS� Zpj N 3 Z3 ft S (�IX3"_ zo Y 6 0 °11z 1p '� ,� i z �l 8 q �"Gf �� z �0 zd6 z` . oil � � � � o oix� � �m�p � � �p8�� . � iS 8 ..�# �a $ i 3 awn otS � z < Fs$ a�< o�� p �S p � $ .o z2 a aE rc z < ��i a- p � z_� a w N ill <qgqg o 3 p g �i 8m zzi� iK5 S�S a8 � � tS G ..��� �p� mro �z 12 HIM Z� �� YJ� � {�'� p� dA� ��iW � � IIj��$j1�g �c�iB � wQo MIX OX , �� pt p 1 1 1 1 1 1 OZ F F��-'I .� p`�F Z�Ujp��€ �!$t3� �8JF N NZG NNg G a i Q 4 F`�tly$, F SaS riiOep I �Q[ ; 2 p 33K Sz�Q Wo s<� X00 i�zz Ovid QQLL' �� v giror �Ej�< SO 5c�l�pcc,��� 7!'� 2�c"' GSF o� Op N cg �'� dofudi.s4 `a zs 23 ax �Sa w rcmFiS 9 ON 8_P 8 i N7 H, {V IM f A m n Ed d d d H j SON UIO m =3 n 5�i p Y NI � e y p Y Y m m � � y m m pOp 0 N W HIM • d03a • G 0n T I I I I- n rc d1K n a Y m 310d N II .m r`jTT-T— a 1!!11 0 d 3lOd N r N U didl z O11 ■ U '303U o p osm • • � m 0 o F < O N N Q L G w 7 0< 3 Id S " p< I U a Y y Y m Y Y Y Y �j Y z4 Y m J n Y m Y Y W W VQ W1 p a El 4 ^ m ^ a0 Oi d N .-a a poi s z to 6 P ey Nn nE y ati tYamm _ �oo wZ 4 o fQ Z OI O I � !F C4 a 8WE � ¢ cc zu in g goo) J W QQ pp yp�� 85 m m 0 o 9 oz _ c4 6 4 6 6 a 0 I a fig.. 0 a Y mVN Na �W a 2 ��N Gvm pm� FiiB� LL0 0 . � �z �Cy N a 0 a 0 a Y mVN ��N Gvm NA �•9 SCF N �Cy N TO: FROM: HOME OF ' 1LTO N III ESTABLISFIE D 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 3, 2016 Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of a Memorandum of Understanding between Crown Castle NG East, Inc. and the City of Milton, Georgia Related to Small Cell Technology. MEETING DATE: Monday, March 7, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1)'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: Q, YES () NO APPROVAL BY CITY ATTORNEY { j APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0310712C)o REMARKS You 1 *** PHONE: 678.242.25001 FAX: 678.242.2499 GI"Een '; Certified I.P 100 info@cityofmiltonga.us I www.cityofmiltonga.us �� a Community 5� 'in, f 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '�',U.- MEMORANDUM OF UNDERSTANDING BETWEEN CROWN CASTLE NG EAST, INC. AND THE CITY OF MILTON GEORGIA RELATED TO SMALL CELL TECHNOLOGY WHEREAS, on January 31, 2014, Crown Castle NG East, Inc. (hereinafter “Crown Castle”) tendered formal application to the City of Milton, Georgia (hereinafter “Milton”) to access Milton right of way to provide telecommunication services (hereinafter the “Application”); WHEREAS, on January 31, 2014, pursuant to Resolution no. 14-03-294, the Milton City Council formally accepted the Application, approved the Application, and otherwise reserved all rights under pertinent law for those benefits set forth within the various State statutes and local ordinances related to use of the City rights of way; WHEREAS, a copy of the January 31, 2014 Resolution of the Milton City Council is attached hereto and incorporated herein as Exhibit “A;” (the “Resolution”) WHEREAS, the Resolution anticipated that Crown Castle would return to Milton with formal application for individual permits for any telecommunications facilities or support structures to be constructed within the City rights of way; WHEREAS, Crown Castle has now submitted those individual permit applications and Milton staff have reviewed and are in agreement that such permits should be issued; WHEREAS, the permit applications are attached hereto as Exhibits B-1 through B-22; WHEREAS, the proposal by Crown Castle, and the accompanying permit applications, anticipate the installation of telecommunications facilities or support structures in those general locations set forth in the map attached hereto as Exhibit “C;” and, WHEREAS, Crown Castle agrees to be responsible for payment of all due compensation to Milton, as that term is defined in O.C.G.A. 46-5-1(b)(9) and (11), and for the repair, maintenance and relocation of facilities in the right of way, as further set forth and anticipated in the Resolution. BASED UPON THE ABOVE PREAMBLE WHICH IS A MATERIAL PART OF THIS MEMORANDUM, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION HAVING BEEN EXCHANGED, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEGED BY THE SIGNATURES BELOW, CROWN CASTLE AND THE CITY OF MILTON AGREE TO THE FOLLOWING; 1. The Resolution, Exhibit A, is hereby ratified and re-approved and the terms, language, duties and obligations thereunder are incorporated herein and made a binding part of this Memorandum of Understanding; 2. Crown Castle’s permits, Exhibits B-1 through B-22 are hereby approved; 3. Crown Castle’s installation of certain telecommunications facilities or support structures in Milton right of way is approved, consistent with the general locations of same set forth in Exhibit C; 4. Crown Castle agrees to pay all legally required due compensation to Milton as set forth in the Resolution and otherwise required by law; 5. Crown Castle agrees to all repair, maintenance, and relocation obligations as set forth in the Resolution and otherwise required by law; 6. Crown Castle agrees to all other obligations related to the placement of telecommunications infrastructure in City right of way as are set forth in the Resolution or are as otherwise required by law; and 7. No further requirement or precedent for Council approval for telecommunications facilities or support structures within the City rights of way – pursuant to Resolution no. 14-03-294 - shall be established by this Memorandum of Understanding. Milton acknowledges that the permits which are hereby approved may not be the sole permits that will be sought under the access rights approved in the Resolution and understands that additional permit applications may be filed in connection with the Resolution including, without limitation, permits for fiber connectivity and additional nodes SO AGREED, this _________ day of March, 2016. __________________________________ __________________________________ City of Milton Crown Castle Seal Seal EXHIBIT A THE RESOLUTION STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 14-03-294 A RESOLUTION APPROVING CROWN CASTLE'S APPLICATION FOR UTILIZATION OF THE PUBLIC RIGHTS OF WAY OF THE CITY OF MILTON FOR WIRELESS TELECOMMUNICATION FACILITIES, AS AUTHORIZED BY LAW WHEREAS, in a letter dated January 31, 2014, Crown Castle NG East, Inc. ("Crown Castle") submitted a formal registration application to the Council of the City of Milton for access to the public rights of way to erect wireless facilities and wireless support structures for the provision of telecommunications services; and WHEREAS, O.e.G.A. § 32-4-92(a)(l0) provides that municipalities may grant permits and establish reasonable regulations for the installation and construction of conduits, cables, wires, poles, towers, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system lying within its municipal limits; and WHEREAS, the City of Milton has adopted regulations for, inter alia, the installation and construction of wireless telecommunications facilities and wireless support structures in the interest of: (1) protecting residential areas and uses from potential adverse impact of telecommunications facilities; (2) providing adequate personal wireless services to residents of Milton; (3) locating telecommunications towers and antennas in areas where adverse impacts on the community are minimized; (4) encouraging the design and construction of towers and antennas to minimize adverse visual impacts; (5) avoiding potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed and constructed; (6) preserving those areas of significant scenic or historic merit; (7) facilitating the implementation of the Existing Tower Map for the City of Milton; (8) promoting and encouraging the joint use of new and existing tower sites among service providers; and (9) enhancing the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently; and WHEREAS, these regulations are set forth in Chapter 54 of the Ordinances of the City of Milton. Chapter 54 is otherwise known as the Milton Telecommunications Ordinance; WHEREAS, O.e.G.A. § 46-5-I(b)(1) provides that any telephone company that seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority: (1) the name, address, and telephone number of a principal office and local agent of such telephone company; (2) proof of certification from the Georgia Public Service Commission of such telephone company to provide telecommunications services in this state; (3) proof of insurance or self-insurance of such telephone company adequate to defend and cover claims of third parties and of municipal . authorities; (4) a description of the telephone company's service area; (5) a description of the services to be provided; (6) an affirmative declaration that the telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the "Georgia Utility Facility Protection Act"; and (7) a statement in bold type at the top of the application as follows: "Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application"; and WHEREAS, the Council finds that those requirements as set forth in O.C.G.A. § 46-5­ I (b)( I) have been met and satisfied and that Crown Castle's application is otherwise complete and in order; and WHEREAS, O.CG.A. § 46-5-1 (a)(1) provides that any telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way; and WHEREAS, O.C.G.A. 46-5-1(b)(l7) provides that if a telephone company receives authorization to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way, the telephone company must still comply with any permitting requirements of said municipality; WHEREAS, the City Council deems and declares it to be in the best interests of the citizens of the City of Milton that the January 31, 2014, application of Crown Castle be approved. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the application of Crown Castle to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby deemed in order and complete; BE IT FURTHER RESOLVED, the Council of the City of Milton hereby ordains and resolves that the application of Crown Castle to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby approved; BE IT FURTHER RESOLVED that the City of Milton does hereby affinn its entitlement to all benefits under O.CG.A. 46-5-1 (a)(1), et.seq, to include the receipt of Due Compensation as defined by O.CG .A. § 46-5-1 (b )(9) and (11) as a condition of the construction of any telecommunications structures or facilities within the public rights of way of the City of Milton; BE IT FURTHER RESOLVED that, prior to the erection of any wireless facilities or wireless support structures within the rights of way of the City of Milton or otherwise, that Crown Castle shall be required to apply for and receive a pennit, to include the requisite Council approval, pursuant to the dictates and requirements of Chapter 54 of the Code of Ordinances of the City of Milton Georgia and any other applicable Milton rules, regulations or ordinances; and BE IT FURTHER RESOLVED that if a pennit is secured for erection of any wireless facilities or wireless support structures within the rights of way of the City of Milton, then Crown Castle shall nonetheless be subject to all requirements and obligations set forth in O.C .G.A. §§ 32-6-171 and 32-6-173 and Chapter 54, Section 8 of the Code of Ordinances of the City of Milton Georgia regarding the repair, maintenance, and relocation of said facilities or 2 structures. BE IT SO RESOLVED AND ORDAINED, this 17th day of March, 2014, by the Council of the City of Milton, Georgia, the public health, safety and welfare demanding it. Approved: JOeLO~ Sudie AM Gordon, City Clerk 3 EXHIBIT B THE PERMITS RIGHT -CF -WAY ENCROACHMENT PERMIT Permit Number. CHECKALL THAT APPLY Street out New Development Street Pot Me 1.114 Locate ShoulderConstruotion Dedtcated RM Street Bore --V - Other {specify} Ngkf G!! lL /Ti% 10DLE- Project Ldcati pLi� C1= M CAI 7161,6E ATTAC RG) 4 ._153+' eeED� t2 D . �'+'+1 t-ToeJ 6A 3 coot/ Project Start Date: �Z �� Completion pate: t / & Permittee: (Company Name, Name, Pho-ne, Email) C Ra ulAt CdSTLE // e,- as -r L_L c- 12.06 A1,011 r.K Ott rAbOL4 Pk WV. sy-�r- /Ba Rasta ---a, G -A. 3oo74 qDq-210-7o12 Ci bwkt cetr .Go vt Contractor Superintendent; (Name, Phone, 2-44four Ph #) AARR.YL »2/a-7ot2 This permit authorizes only the following street Rights-af-Way to ba encroached upon for the purpnse of construction or meinifenance of faciifiTies referenced herair>r TICS PERMIT SHA}_L BE AVAfLABLE ON THE 40B SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS',. Failure to do so may result tri temporary suspension of all sde work. Call Milton Depadmentofi'u k Works (MDPW) 678.242.2501) to ease of forced work stoppge. THIS PERMIT SHALL BE SUBMITTED TO THE liMPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START OAT, E, NO OTHER CONSTRUCTION ACTIVITY SHALL COMMEMM WITHOUT THE REQUIRED PERMITS Work must start withib 30 days and completed vdthln 120 daysfrdm the date ofappronl unless otharwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control. Devices, latest addition. EROSION CONTR9L. All work areas mast comply volt% Ghapter20 Article VI, Millon City.Code of Ordinances. TRAFFIC -5AF51"Y. (Washout Prior Approval) Mo equ- iprnent or materials stroll lie left vra'thiirr 45 feet of theedge of pavement duririg non -work hours; Alk€emparar}t sfgttage must be rentgved or covered during non -worm hours. No open excavations strati be tett in the rlw. All street/mad cuts shall be rnaintaln-M acid brought to pavement grade with stone and plates daring non work hours_ Sfreot cuts shalt be paved with Hot MN aomrdigg to Cftyof Milton corrstr'ucfion specfficatipns. No siddwaliss are to be closed or blocked unless a temporary sldowA is installed ar delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility ProteCt nn errlce (891 } as vuetI as FultonGounty Water and/or Fulton County Sewer Division according to service area. If utiilty service is breached under a roadway, the permitfee is still responplble for repairs to the roadway -(to Coy Safisfaellon) even ifthe permittee has called for a locule. I acknowledge that I have read and understand that the above is a Gohdt`tion of the permit and I Am familiar with the requirements of the Milton City Code. of Ord%nances." Permittee or- Authorized Agent.- 1/-;,u A yy oAi Data. FOR THI= CITY 05 MILTON: Department of PobllcWorks: Communily Dsveopment: Date: Date: . PM Co strucf�orl Spec frsattons p-er City Ordinance at the sole exono of the permittee CommeITta; CAff Wq);xao Phillips 678-.2-43-9377pxlop to excav,7fiopx fora 8horf p wm7 azz�e�g :Ly,�ottl,��ti Qv ��i CHECK ALL THAT APPLY Street Cut New Development Street Po€Lple Utility locate 8houlderGorrs1nic5en Dedicated RM Street Bore —L� Other (specify) Ngkl U 7_1L l 7-Y PO Lf- Project EProject Ldclition: AZ 4 cgrrv4 _0!1 rftE ATM Re? 7 7 -7 ge"Db RD tM 1 1_7-onV 6A. avoN Project Start Date: x ! Completiorr Date.,_ ( ' Permittee; (Company Name, Flame, Phone, Emil) CJq,oyln! CAY7-LE .Ve ErasT'tLC. /Zoo A1oArH M.rAior...[ Pkk1Y. srE 180 R495Ld1,rLL G-A� . 3vic�71. �a�f-2�fl-7ot� d�xrrvl,fr�r`sfer � e-ra eLx ti el Cbntracfor Superintendent. (lame, Phone, 24 -Flour Ph ) RIGHT-OF-WAY ENCROACHMENT PERMIT Fermis Number: This permit authorizes mdy tha following street Right,--of-my. to ba oncroached upon for fiepurpose of construction or main Penance of facifr?ies rafarenced heroin., THIS PEff'h1flT SIIAI_L I E AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPRGIMATION& Failure to do so may result In temporary snspenslon of all site work. E all Milton Department of Public Works (MDPW) 1378.242.2MD in case of forced wa k stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTM START [}ATE. NO OTHER CONSTRUCTION ACTIVITY SHALLCO:MMENCE WITHOUT THE REQUIR51) PERMITS Work must start whin 30 days and complafed within 120 daysfrbm Ste date ofappoval unless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control I)Wlces, latest addifion. ERDsi¢N CONTROL. All work areas must comply with Gbepter 20 Article VI, Milton City Code of Ordinances. TRAFFIC SAFETY; (Without Prior Approvao No aquipment br materials shall lie left wawa 15 feet of the edge of pavement dgdriq non-work- hours, on-workhours. All tetnpoiary signage nmst be removed or covered Airing non -work hours. No open excavafions shall be left in the rlw. All strget/raad cuts shall he maintam.ad arld brought to pavement grade valh stone and plates daring non -work hours_ Street carts shall lie paved with Hot Mix according to Crljrof M[toti comtrucfion spec&ations,. No siddwaiks are to be closed or blocked unless a temporary sidewdik is installed or delineated. UTILITY LOCATE is f# to respomlbility of the Permit holder. Permittee roust caii Ufggy Proiecfion Service (Bll l- as vp-.ti as Fulton Coumty Wafer and/or Ftrltan County Sewer Division according to service area. ff utility service is breached under a roadway, the permiffee is sflll responsible for repairs to the roadway- (to City Satisfaction) even if the permittee has called for a locate, I acknowledge that 1 have read and understand that the above is a condition of the permit and I am familiar with,the requirements of the Elton City Code of 0rd1nances.- Permittee orAuthorized Agent: art A y-roA) Date: FOR THE CITY of MILTON: pepartment of Public Works: Date: Community Development: Date: CommLiits: 0a17 tray PWffl as 678 Z43 53?'7P'd0'r to excau49oxz fora shor. tprr'C0_ z x e&&1g. D 00 3 RIGHT-OF-WAY ENCROACHMENT PERN T Permit Number; GHEMALLTHAT APPLY Streei.Cut New Davelopment gireet Pothcate t ft Locate Shoulder'Ct�nsfruction Dedicated RM Street Bore - 6er(8peoiM !' gj,J 14 1L 17-Y I�1JLt= Protect ocatior�C ALA' CE'M �/!! T(S�+w 6kTt"AC �➢ > ♦^'1l t- 71 ty G14. 3000 q Projaot 6tart Date: .'f �% Completion- Date:! 1 Parn ittee. (Company Name, Name, Phone, Email) CRauJAI CdSTLE i1e,-6A.S7"LLC 1200 A10ArH MrAbOW MkIV s -r -r i86 RoS lniE'LL- CrA . 3aa 7 L Cv'°c thy. ca.r Z`l � .Gout Contractor Supariritendenf. (Name, Phow, 24-Fbta Ph #J 6ARR,YL it -'7yt_°sTF4 ta-7017— TMS perma aumarlm Cady the fol#owag street Rights -of way to be eFrcroaefred upom f w Umpcarpose of curastruaffnn or maintenano of faOflrffes referav od hevok, TM's PERMIT SHAM. 8E AVAILABLE ON THE 40B SITE, TOGETHER WITH Till~ APPROVED PLANT; AND SPEGIMATIONS. Fbikrre to do so may result in ternporary suspension of all site work. i3aIl Milton Department of Public Works (MDPq 6.78.242.25x0 in case of forced work stoppage. THIS PEROT SHALL BE SUBTAITTED TO -THE RDPW NO LESS THAN FIVE @) WORKING DAYS PRIOR TO THE PRO JECTEi) START 114TE NO OTHER CONSTRUCTION -ACTIVITY SHALL GOttrTMEK.GE WITHOUT THE REQIJRI�D PERMITS Work must start wft 30 days and complefed %dihin 120 daystom the date of Approval unless ofnetwfse approved by MDPAf ALL WORK2:ONI=S MMT Go.:MpLY)MTH Manual can Uniform Trafgo Cntatroi T1b ccs, latest addl bm ERt5SO CQNTPVAil work areas must c Imply with Gbapter 20 Article VI, l Tifton Clfg Code of Or4inames. TRAFFIO S,AFET'Y: (Wdhout: Pfrior Approval) No equipment or materials stall be leftwilnirr fa feet of the et of pavement during rmn-Mork hFaurs. All teMporary sfgriagi roust he removed or covered daring non-voot hours. No open ===ons shall be left in the r1w. Ail streat/rgad cuts shalt be malnlaine� acid brought to pdvemen.t grgde V& stone and plates during hon -work hot -. Street cuts shall be paved with Hot II& wcordling to GVQf Nrtori construcilon speUMca11PT . No sldr�alM are to be closed or blocked unless a tarnparary W watk is installed or delineated. UTILITY LOCATE is t#ae responsthility of fhe Pem1 hokicT. Parmiitee rtrrzs# ill lltdify Pro#eeflrtart Sextrice (8! t} asy t1 as i niton CQurr#y Water andlor P'irt#on C�unt�r Sewer Dlvisian according fo service gree. Cf trr#t�l#�* sr?ruice is iateachsd under a raadvtap, thr; perii-tilfee is shfl responpihle for repairs to the wadway- (to CRy SatisIbeft# even Mire permittee has called for a locate, I acknowledge that I have react and understand that the above is a cohdifflon of the p.errrtl't and I am fatnT"lir whit the requirements of the Wfon City Code of Ordinances.- Permfitea or Authorized Agent._ �r�c ,i�i� �,�c1 Ike: W.16 FOR THErxITY or 14IJ1EM, Depattment of Public Works: Community DevelapmeW. Date: Date: . Comment: r✓a1I WayjicFh1Mps 678-243-9977P4-T0r to exC.MD0z1 fora s*0rfp1WW7M&&ft-W Q 7 f'0 RIGHT -OP' -WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THAT APPLY Street Cut New Development Street Pothole Utility Locate Shoulder Construction Dedicated RAN Street Bore Other(4ec1fy)A7r-*,W NaA& eJa1, A1,A_ 1'r TP :~XJJI'IA►61Arl1-1Ty Pe.LIE . W It. j=-'oe�t,ah/ Project Location: n� s� t -c D P4.0t -r' G /lt r i,y'vrl !rR �dc�+�fa / / tX S 7"u�4 �/,vcE'S Project Start Date:. x� t t Completion Date: ` b ! t to Permittee: (Company Name, Name, Phone, Email) C4Dw,v -+ s ?- F If G 0 r5 r Gz-G KvS1k'�'Lc- , Gt� .3ao'?fa 4�a �f... a. i o .- Z a t2� �,Ca r r -i 1. �t� � s �`� ►� � Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) PA ICA y L des A 5 -T -c -f— This permit authorizes only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilitles referenced herein: THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS, Failure to do so may result in temporary suspension of all site work. Call Millon Department of Public Works (MDPW) 678.242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 120 days from the data of approval unless otherwise approved by MDPW_ ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control Devices, latest addition. EROSION CONTROL: All work areas must comply with Chapter 20 Article Vi, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No -equipment or materials shall be left within 15 feet of the edge of pavement during non -work hours, All temporary signage must be removed or covered during non -work hours. No open excavations shall be left in the r/w. All street/road cuts shall be maintained and brought io pavement grade with stone and plates during non -work hours. Street cuts shall be paved with Hot Mix according to Cityof Milton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated, UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (81 1) as well as Fulton County Water andlor Fulton County Sewer Division according to service area. If utility service is breached under a roadway; the perrniffee is stili responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate. 1 acknowledge that I have read and understand that the above is a condition of the permit and I am familiar with the requirements of the Milton City Code of Ord! ccs. Permittee or Authorized Agent: Date: FOR THE CITY of MILTON: Department of Public Works: Community Development: Date: Date; . MOTE: All work in the roadway must be done between 9:00 AM and 4.00 PM unless otherwise instructed Any damage to the, Right -Of -Way or City infrastructure must be restored in accordance with the City of Milton Construction Specifications per City Ordinance at the sole expense of the permittee Comments: Caff Wayne Phillips 678-243-9977prior to excavation fora ,9hortprecor2 rneeting: G— RIGHT-OF-WAY FNGRQAGHMF.NT PE.R IT v5/ / CHBCKALLTHAT APPLY streef Gut New Development #ei t Pothhoie Ufility Locate 8houider'ConstrucUdn Dedicated RM 8uoet Bore :i OIher(spercM Ngi4l Gtr /L I Ty /'OLE Project LWcdtiom,r l °LA Car .44,6AI T"(Sec A'r W Ae-P ! 5 _ l `fo `j o 669,46we-u- ryo. en i.Tvnv- 6-,A 3vv�`f Prdjeoi6tartData Z Comple3orrDafe: Psmffl . (Campany Name, N.Me, Whom, Efnali) C R,o tal,N "s,7-LEy6- 64j 7' LL c— RoS Ld,eLL. 6-A. 3on -71. L1Dq-2,0--'7v12 c ctf�r`vl. lcar S�eir off_ . Crowrtcq..rfle .CvM Ctsntractor Superintendee. (N-ame} Phane, 24 -Hour Ph M AARI2Y1- __y,�57 ° half-Zl��7ot . Permit Number. This permit au morixes o* the t ottomdrig street R*fs-of Way to be on-czaacfredupon for the purpose ofcunathr©flon or maint-cane of faail#fees referenced hereixr: THpS PERMIT &HAj.L fiE AVAILABLE ON THE JGB SITE, TOGETHER WITH THE APPROVED PLANS AND V ECIMATIQ Failure, to dose may result In tei mary suspension of ati sb Mork. Qali MUtorl Departmentof Public Works (MDPW) 678,242.2000 in case of forced wdrk stoppage THM PERMIT SHALL HE SUBIMTTED TO THE MDPW No LESS THAN FI1tl~ (5) WORI INO DAYS PRIOR TO THE MJEGTW START OATS. NO OTHER R CONSTRUCTI.ON•ACTIVITY SHALT. GO: -MM WITHOUT THE REQLMED PMITS Work must start wrUffn 3D days and compted wWfn 120 daysfrpm the date of approval wiiess othmvise appy,aved by MDPW. AL WORK ZONES WIST CQMKY VittTH Ifnual 2ix Uxiifflrm Traf is Control DeYtices, latest additiam > ROMN QONTWAll work areas mast comply v& Chapter 20 Article VI, isrtilton City Code of Ordiriaracea TRAFFIiG $AF i'Y: (Without Prior Approval) P% eq*iient or meferials stialf bs tefl: wtWrt 15 feet of ft edga of pavement dflring nun -work haurs. Al(tetrrporaiytsfg[iage trislst ha removed or oovered during non -war% fronts. Pao open aMRMDDB shall be lett. In Mar/w. Alf str@aftad cuss shall be maintaJIM. d and brought to pavfimmit grade vM storm and platep darin=g ironwork houm Sfreeaf puts shall ba paved vtifh Hot according to CiTygf I�tfliari carrstrucfton spsalTicatipns. No sidewalks are to be closed or blocked unless a temparMy sMewaik is Wafted or delineated. UTILITY LOCATE is alae Msporrsibility ofthe Permit hokier. Permftee must call U#tffty Profecfwn Service -(Bill as W0,1 as Puliran Gx unly VVaafor andfor Fulton Co-trxiiu sewer Division according to service area. ff witty service is breached under a roadwaY3 tlin permfifee is sttfj respanobla for repairs to tyre roadway -(to Cdy Saffsfarflxr evert ffthe pormittee has called for a locate, I ackngwfedde that I have read and widerstand that tax above is a cohdf"tion of the permit and I Arra famriIar ltvitlt the req-WremeMs of the Mon City Code of Ordtimn s. - Permittee. or Authorized Agent: C7/;k A�g V70A) Data: l lra FOR Tt, CITY Cl` N!]t..rox: peparifinent pf Public Works: Dates community Dwftmeifi. Datez da-maso to. the MMI! D -V2y Gr M, llffr frttci:we Must be mf rod. iii accoMance with the Coristru fi n S°%jai tcatiot{s pe - City Ordinance at the sole pgtxse of Iia pat "Iffee Coln merits: Ca.1 wayllo PAOP3 678-249- 9977pzyor to ex0,aVafw-?7 fcwa :short -PI . C12 -Meer w s _ . Ccargi?,.''lrr, RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number-. CHECK ALL THAT APPLY StreetCut New Development Street Pothole Utility Locate Shoulder Construction Dedicated RIW Street Bore i Other (Specify) NCkl Lt 7-1L l7 -Y /0,0 LC Pro ect Ldcattom l°LJ�CEi1�iEN 3' SES kTwFl1u➢ ! /317-2 Fl2c��'M�i✓ViLLC iQ M/Lr„t},�A Protect Start Date: 41-40 Completion -Date Permittee: (Company dame, Name, Phone, Email) C Ra bIJAI "5*7–LE Ale Et.S 7” t.L C 12.0-0 A10A7-,q MgAhO ..1 PkkIV. STe 180 RosI�IE66. G -A . 3oa`71 11y11-2ia _`7ot2 a(arrvl. farsfer (d Grawncastl�' .com Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) This permit authorizes only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein: THIS PERMIT SHAt.L BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIPICATIONS: Failure to do so may result in temporary suspension of all site work. Call Milton Department of Public Works (MDPW) 678.242.2500 in case of forced work stoppage THIS PERMIT SHALL BE SUBMITTED TO THE MI)PW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START OAT, E. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 920 days from the date of approval unless otherwtse approved by MDPW. ALL WORK ZONES MUST GOMIPLY WITH Manual on Uniform Traffic Control: peuiceslatest addition. EROSION CONTROL,: All work areas must comply vrlth Chapter 20 Article VI, Milton Cky.cedo of Ordinances. TRAFFIC SAMTY: (Without Prior Approval) No equipment or materials shall be left -within 15 feet of the edge of pavement dtirfrig non -work hours,. All tefnporary srgriago must be removed or covered during non -work hours. No open excavations shall be left in the r/w. Ali sfreet/rtrad cuts shall be maintained, and brought to pavement grade with stone and plates during non -work hours- Street cuts shall be paved with Hot Mix according to Crty of Mutton construction specifica6pns, No sidewalk's are to be closed or blocked unless a temporary sidewalk is installed or defrneated. UTILITY LOCATE is tie responsibility of the Permit holder. Permittee must call Uflrty Protection Service (B1 1) as well as Fulton County Water andlor Fulton County Sewer Division according to service area. If utility service is breached undera roadway, the permittee is still responsible- for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate, I acknowledge that I have read and understand that the above is a condition of the permit and I, am familiar with -the requirements of the Milton City Code of Ordinances.- Permiftee or Authorized Agent: u7/—^ 14 y7"oA) Data: /6 FOR THE GITY OP MILTON: Department oT Public Works: Date: Cammuplly pavelppment: Date: dama-ge to. the Rielh' =Cif -Way or City Infra -structure must be. restored in accordance v Copstru Dion Specifications pgGIN ardirlan--ce at tate sole Monse of the permittee Comments: Call WaynePAOps 678-243-9977przorfo excavafrorr iotas ortp corn meeting v 1-00 (V,,- CHECKALL TEAT APPLY SIMI. Cut New Development Street Pothpte Utirdy Locate 9houlder•Constructron Dedicated RM Street Bore �_Oiher (specify) Ngkl U iL I T'Y /00 Lt- Project tdcataon I SLA C IH X11 i %'���E A` TAC Re) �..41 15-A. 30 Project Start bate: _ Z Iq I CompleEiorr Date t 1 Permittee, (Company Name, Name, Phone, Email) C lq,Q lA1 CA-MLE A16:- aS 7— LL C- /200 A10Art1 M9AbQW fKu1V 5,M184 RasW.ca, GA. 3ao"7/6 11oq- 2io -'7ot 2 dry rrul. fo�sfer P Cr b c►ifn c eL-r t . co yt Cbntracfox Superintendent; (Name, Phone, 2.4-Hw Fah ) RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number. This par -mit aufhorizes only the following street Rights of wa}+ to be encroached upon for ft puipose of construction or maintenanm of facilities reforonced bardm THIS PERMIT BFIALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPE.CI-MATIONS. Failure to do so may result in temporary suspension of all site work. Cali Millon Department of Public Works (MDPW) M.242.2500 to oase of forced work sfoppzge THIS PEROT SHALL BE SUBMTTED TO -THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED STAIN IjATE. NO OTHER CONSTRUCTION ACTIVITY SHALL GOMMENCE WITHOUT THE REQi11RM PERMITS Work muststart v RNh 30 days and completed waz chin 920 days from the data ofapprovai unless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY VOTH Manual on tinfform Traffic Control DbViceslatest additum. EROSIQN CONTRQL, All work areas must complyvAh Cbapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC ; AFI~ M (Without Prior Approval) No equipmrent br materials shall be left-wMn 9.5 feet of the edge of pavement during non -work hours: All t€Ir€€porary sfgrwg� roust be removed or covered during non -work hours. No open excauaftons shall be left in theriw. All strr eeVroad cuts shall be meintain� and brought to pavorJten-t grade valh stona and plates duriq tton-wark horns. Sfrept gilts shall ba paved with Hat Mix acoordirQ to CWof DA tan construction specMcation& No sidewalk's are to be closed or blocked unless a temporary sidewdik is installed oT delineated. UTILITY LOCATE is tfAe resparrsibilky of fhe Permit hotdr r. Permittee mast Fall Utility Protection Service -(819 )• as vaeli as Fulton Goantir Water andlor Fulton County Sewer Division according to service area T ufi ly service is breached under a roadway, €ire perm&e is s511 responsible for repairs t tNe roadway (to City Satisfaoton) even if the permittee has called for a locale. I ackrimledge that I have read and understand that the above is a cohri€"iion of the permit and I Am familiar with -the requirements of the Eton City Code of ardinanGt&- Permute or Authorized Agent, 1/—^ 1.,� t/7"oA) Data: FOR THB CITY or MILTON' Department of Public Works: Date. Community Drvelapmeitt: Date: Coustrucfign edfiDafioins per City l?rd%nanee at the sole ex_p rise of the permittee Coirnmej fie: Cgff Wayi7cFhiffips 678-243-5377pdow to excavafzoxi fora shortp=oiz meefzrzg, 3 } 'mac° g RIGHT -0I7 -WAY ENCROACHMENT PERMIT aa% Permit Number: CHECKALL THAT APPLY Street Cut New Development Street Pothole Utility Locate Shoulder Construction Dedicated RM Street Bore ✓ Olher (Specify) A77—*CH Np,06; 7— EX 1 $ 1 '.,j 6 EX1$7}.,t6 WILL_ �ae�LouJ Project Location: M d Project Start Date:. Completion Date: Permittee: (Company Name, Name, Phone, Email) 4540W,y C,+ 5 TGE �l G 0A 5T" 4-6-tr 17-&a V0 7—l�/,4e% pts/ fad.-��,►a—Zat2— ©��.+r'�i�.r�'orsf�r Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) Jiff ICAy L !--,6 Je 5reg_ This permit authorizes only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein: THIS PERMIT SHALL. BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS. Failure to do so may result in temporary suspension of all site work. Gail Milton Department of Public Works (MDPW) 678.242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 120 days from the dataof approval unless otherwise approved by MDPUy. ALL WORK ZONES DUST COMPLY WITH Manual on Uniform Traffic Control Devices, latest addition. EROSION CONTROL: All work areas must comply with Chapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be left within 15 feet of the edge of pavement during non -work hours. All temporary signage must be removed or covered during non -work hours. No open excavations shall be left in the rlw. All streeilroad cuts shall be maintained and brought to pavement grade with stone and plates during non -work hours. Street cuts shall be paved with Hot Mix according to City of Milton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (811) as well as Fulton County Water andlor Fulton County Sewer Division according to service area. if utility service is breached under a roadway, the permittee is still responsible for repairs to the roadway (to City Safisfaeflon) even if the permlUee has called for a locate. 1 acknowledge that I have read and understand that the above is a condition of the permit and I am familiar with the requirements of the Milton City Code of Ordinances. Permittee or Authorized Agent: Sr" 4 PA"i7� Date: FOR THE CITY OF MILTON: Department of Public Works: Date: Community Development: Dale:... NOTE. All work in the roadway must be done between S.00 AM and 4:00 PM unless otherwise instructed AnX damage. to the. Right -Of -Way or City Infrastructure must be restored in accordance with the City of Milton Construction SRecifications per City Ordinance at the sole expense of the permittee Comments: Call Wayne Phillips 67824.5-99.77priop to excavation fora shorfpreccn rxleetfng. RIGHT -017 -WAY ENCROACHMENT PERMIT Permit Number. CHECK ALL THAT APPLY street Cut New Development Street PoWAe Utility Locate ShoulderGtmsiructiion Dedhated RM Street Bore _Other (specify) Ngi4 f U j/ t / Ty 40 LE Pr'ectI"O ation: ?ZACs✓1i'f,t=AVT(5'CerAT-rACRG) bftt3 2 i2�c"wJ.fN V/LGrr R6 �oadtf Project Stott Date `� l 6 Compteiiorr Date 1 t Permittee; (Company Name, Name, Phone, Email) C R,O MJA/ CASTLE V6r &S -r l..L C- 1206 A10Arht M rA_ 'bOul A& WV. STE /.,£fit Raslh ra, &A. 3na7/ �b�f-2�n-�nr�. d�rtvl.forster Q . Gr a&0k Ca.s i`l>a CoM Cantra�tor Superintendent; (Name, Phone, 24 -Hoar Ph #) AAAAY L --:OXS 'Z VOY-Zl o --'7a tzr Ties permrT authorizes only, ffia following street ftbis-of-Way to ba e=ncroached upon far the purpose nl: com itruction or maintenance of faciliftas xefererteecfherelrr: THIS PERMIT SHALL BE AVAILABLE ON THE .1OB SITE, TOGETHER WITH Tq APPROVED PLANS AND SPE:CIRCATIC)N& Failure to do so may result Ift feavorary suspension of all s8e wank. Call Mich Department -of Public Works (MDPW) 678.242.2500 in case of forced work stoppage THIS PERMIT SHALL 13E SllBMTTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRE -D PERMTS Work mustsfart wiihiu 30 days and completed within 120 days from the date of approval unless oftrwtse approved by MDPW. ALL WORK ZOW-S MUST COMPLY WITH Manual on t nifotm Traffic Control Derrfces, latest addition. EROSION CONT110 ,: All work areas mast cmTVyvffi Cbepfer 20 Article Wt, Millon City Code of Ordinances. TRAFFIC - SAFETY: (without Prior Approval) No egjApmerrt or materials shall ire leftwithin 15 feet of the edge of pavement d4ring nun-wA hours: Al[ ietnporary sf ,-ke 11-1 RIGHT-OF-WAY ENCROACHMENT PERMIT Permit (lumber; CHEtKALL THAT APPLY -sire el cut New Development sireet Poth-ate Us* Locate -Shoulder Constncclion Dedicated RM 5treaf Bore attar (spectM 1' Ckl U 77 L / TY /00 LE Pro .. Ldchfi 1 �� C /Yt �'N 7'�SEa~ 6k AG tkt~➢ 5 ep NUL-FvJ, 6A Project Gert Date: x r CampletiorrDate: / T Permittee: (Company Name, Name, Phone, Email) CR4rt/A/ (fd5 -LE A1ea.S7-"GL..G 12DO A14Ar—H h!tAbOW PkulY. STE 180 RoSWAcLL CA. 3no7L ,VD rl-2)o-`7012 darrVi1.fdrStltr (� rr^o c,an r- Ax �`l . cam Cnntra�ptor Superintendent: (Name, Phone, 24 -Hour Ph #) A ARR.Y L tl�-aj-0 5 min° This permfi authorizes only fha following street Rights=of Way to be enczoachad upon for Me purpose ofconstractien or maintenance of facilities referenced berein: THIS PERMIT S-HAU BE A'VMLABLE ON THE JOB SITE, TOG -ETHER WITH THE APPROVED PLANS AND SPE.CIPI•CATIONS. Failure to do so may result fit temporary suspension of all site work. Gall Millon Department of Public Works (MDPW) 678.242.2600 in ease of forced work sloppqR. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED STAP,T i}ATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start wkhib 30 days and completed within 120 daysf0m the date ofapproval unless ofhaiwMa approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Mzlnual on Uriifarm Traffic Centro(: AeVices, latest addition. EROSION CONTRA: AiJ work areas must complywith Chapter 20 Article VI, Milton CityCode of Ordinances. TRAFFIC UFE`I'Y., (WIlhout Prior Approval) No equipment or materials shall Ire left wiNa 'Ib feet of the: edge of pavement during nun -work hours. All feiitporar-y sfgnag� roust be removed or covered during non -work hours. No open excavations sliall be teff in the r/w. All streef/raad cuts shall be r naintalW and brought to pavor—wnt grade with stohe, and plates during ironwork hours- Street arts shall be paved with Hot Infix according to Crky°of Mtlto cotistruofion specff'icadons- No stdewall�t are to be closed or blocked unless a temporarysidewalk is installed or delineated. UTILITY LOCATE is flie responsibility of the Permit: holder. Permibe roust call UtUf£Y ProteefM.Servrce (89l) as veeil as Fufton Gounty Water and/or Fulton County Sewer Division according to service area. If utility service is breaolied under a roadway, fhe perrrriftee is stili responsible for repairs to the madway-(to My Satisfaction) even it the permittee has called for a locate. I aoknowtuda that 1 have read and understand that the above is a condition of the per►ni.t and I am familiar Vv"ith -the regWrements of the Milton City Code of Ordinances., Permittee or Authorized Agent; 1,A y7`e>A) pates , f6 FOR THE CITY 05 6'ItLTON: Department of Public Works: Date. Gnmmupil3+ OP-4ppme4t: Date: Commel7ts: Cala' Wayne PAiflips 678-24.5- 9977pdoi, to cxcauaf oxr fix slicer. ipr°e. as -m&eb g 0_1 0°6 CHFD�KALL THAT APPLY street Cut New Development Slre6t Powle Udtity Locate sheulder Gonat uction Dedicated RM street Bora Other (Specify} / gkl U 7-/1 / 7"y /00 Lt" Pro eci Ldcafiotr RZA C9rA1,6V r(5156 A-TTAC F G]) to /SZ Fje6 MAa1yi L -LE_ ie A 1"rt L.Tod T GA 3v 0o Project Start Pate: _ r Compleiion Dater 1 / Permitt-ea: (Company !Tame, Name, Phone, Email) CRartlnf CdSTLE .tlG- ESsT"�G 1206 A/0t2TN /kE'AAQLJ Pkkly STE JSd ,'c?5lx/EL1. 6-A . 3nQ71. qoq- 210--7b12. darsrvl. fairs-tu, jp_ . r—rb Loft c a, r t l .Comet Contractor Superintendent: (Name,. Phone, 24 -Flour Ph #) RIGHT -017 -WAY ENCROACHMENT PERMIT Permit Number, This permit authorizes only tha foilDwing street Rights -of -Way to be encroached upon for fine purpose of construction or maintenance of faci'irilas referenced herein: THI'S PERMIT MALL K AVA[LABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPEM174CATION;r Failure to do so may result in temporary suspension of all sae work. Call Milton Department of Public Warks (M DPW) 6t814-2,2bQ0 in case of forced work stoppage. THIS PEi2ffiIT SHALL_ BE SUMMED TO THE MDPW NO LESS THAN FIVE (8) WORKING DAYS PRIOR TO THE PROJECTED STAKT DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL. COMMENCE WITHOUT THE REQUIRED PET MFITS Work muststart withia 30 days and completed within 920 days from the date of tpprovd u'rrless oihetwlse approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Mlanual on Uniform Traffic Control 1)sVlces. latest addrtton. ERDSIQN CONTROL„ All work areas must comply with Chapter 20 Article Vl, Milton Elly Code of Ordinances. TRAFFM SAFETY: (W[thout Pflor Approval.) go arlOp merit or materials shall be lett wain 15 feet of the edge of pavement dQririg non -wont hours Al[teff trporary sfgrtag4 must be removed or covered during non -work hours. No open exwv guns shall he left in the rlw. All strgetlrgad cuts shall be trtaintain0d arid brought to pavement grade with stone and plates during itonwork hours_ Street chis shall be paved with Hot Mix according to CuVof Mftort ootrst urAion specitications. No sidewalks are to be dosed or blocked unless a temporary sidewdik is installed or derineated. UTILITY LOCATE is the responslbilityF of the Permit holder. Permittee roust Fall UftlityProtectton Service (81 9) as wD.11 as Fulton County Water andlor Fulton Gaunty Sewer Division accordlttg to service area. ff a ft service is breached under a roadway, the permittee 18 still responsible far repalrs to tale rgadway-(to City Satisfaction) even tithe permittee has called for a locate, I acknowledge that I have read and understand that the above is a cohd tion of the perrnft and i am familiar with the requirements of the Elton City Code of Ordinanees.- Perm fie . or Authorized Agent: %� V -1-0A) Data: FOR THE CITY OF MILTON bepartrnent pi Public Works: Cnmmulnity DQvolpprneig: Date: Bate _ NOT> .' All Wank in the roadway must be dane between 5;00ASI and 4.00 Phi! uniess othermse ins:trusted Any damage to. tha Rig htYQf W -ay or gty Infrastrtfeture m u s L b e restored tri accordance with the CitV of Mi11:6n t;osrstru ort Slaec lcafiori� pot- City 9rditianee at the sole expense of the permltfiae Commtai`rts: C'af Wayne P.IMps 678- 748 9377p for to cxmvn.9DP lulu shorepicoiz M&&fiV& A 00 CHECK ALL THAT APPLY Street Cut New Development Street Pothole Utility Locate Shoulder Construction Dedicated R/W Street Bore ✓ Olher(Speclfy)A71'A,:H/ v)* eV"i?A1,?A17-7-., rX 15'rM16 u -rt L. I Ty Pa Le. W t ecf Locati : pM LIU-c D 06y, 6/ wMR�+JyFtifaD• � �.Qi� f lutt7'in1/ Get �/do/of &S7uR�� e -E'S. Project Start Date:. xr V i 1 t Completion Date: ` 11 fie - Permittee: (Company Name, Name, Phone, Email) G.eWN G,+ S2 -1.E" IV 6. 0X-57- 4 -LG 17-6,0 Na2r1'11Ae,4D0A1 46swI5Z-tGA 30-116 j4o e4 , C,rpcsv�Gws'�le • co.tti Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) PA ICA y L 1 0 A 5-r rZ at 7 - RIGHT-OF-WAY ENCROACHMLNT PERMIT Permit Number; This permit authorizes only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein, THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS. Failure to do so may result In temporary suspension of all site work. Call Milton Department of public Works (MDPW) 678.242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 120 days from the date of approval unless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control Devices, latest addition. EROSION CONTROL; All work areas must comply with Chapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be left within 15 feet of the edge of pavement during non -work hours, All temporary signage must be removed or covered during non -work hours. No open excavations shall be left in the riw. All street/road cuts shall be maintained and brought to pavement grade with stone and plates during non -work hours. Stteet cuts shall be paved with Hot Mix according to City of Holton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (891) as well as Fulton County Water and/or Fulton CourIt Sewer Division according to service area. If utility service is breached under a roadway, the permiffee is still responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate. I acknowledge that I have read and understand that the above is a condition of the permit and 1 am familiar with the requirements of the Milton City Code of Ordinances. Permittee or Authorize Agent: _ �"� /�YTa4,) Date: / FOR THE CITY OF MILTON: Department of Public Works: Date{ Community Development; Date:... NOTE: Ail work in the roadway must be done between 9:00 AM and 4:00 PM unless otherwise instructed Any damage to the Right -Of -Way or Cfty Infrastructure must be restored in accordance with the City of Milton Construction Specifications per City Ordinance at the sole (tense of the permittee Comments: Cala Wayne PAzllrps 678 74,5-99.77px°zox to excatratlon foi°a short. pmaozz xneetryrg D4� RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THAT APPLY Street Cut New Development Street Pothole Utility Locate Shoulder Construction Dedicated R!W Street Bore ✓ Other(Specify)A77-*,:H Nobg 61VId1^116 to 7' 6%�1yrl,��r A7,11-ITY fib+ ��4e%tt L �aLtoL►i { _ ' ct Locoff MR�1y "4 Lk 104-o"_ G ! l Li/4 1 Gfi 3 DQ%at US 71U4A !}fve.e , r Project Start Date: - x� i; ' Completion Date: `f f! //& Permittee: (Company Name, Name, Phone, Email) G,eewiv E-+ S ?ZF /d & OA -5 r d -LC. ! Z.&,? AJo erlyA404, 400 a "Wry S 7r leas RoStv+:t-G- , GA S00-76 ca^on�r�GgSl�. Coo. Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) PA )CA y 1. �'d je :5-rG J_ Yo, - 2 ra -- `T csl! 7— This permit authorizes only the following street Rights--of-Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein; THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS. Failure to do so may result in temporary suspension .of all site work. Call Milton Department of Public Works (MDPW) 638.242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 120 days from the date of approval uNess otherwise approved by MDPW. ALL WORK ZONES MUST COMPLYWITH Manual on Uniform Traffic Control Devices, latest addition. EROSION CONTROL: All work areas must comply with Chapter 20 Article Vl, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment: or materials shall be left within 15 feet of the edge of pavement during non -work hours. All temporary signage must be removed or covered during non -work hours. No open excavations shall be ieR in the rlw. All streellroad cuts shall be maintained and brought fo pavement grade with stone and plates during non -work hours. Street cuts shall be paved with Hot Mix according to City of Milton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (811) as well as Fulton County Water andlor Fuiton County Sewer Division according to service area, If utility service is breached under a roadway, the permittee is still responsiblefor repairs to the roadway (to City Satisfaction) even if the permlitee has called for a locate. I acknowledge that I have read and understand that the above is a condition of the permit and 1 am familiar with the requirements of the Milton City Code of Ordinances. Permittee or Authorized Agent: `J/i4y'Tz�� Date: FOR THE CITY OF MILTON: Department of Public Works: Date: Community Development: Date: NOTE: An work: in the roadway must be done between 9:00 AM and 4.00 PM unless otherwise instructed Any damage to the -Right -Of Way or Cify Infrastructure must be restored in accordance with the City of Milton Construction Specifications per Cify Ordinance at the sole expense of the permittee Comments: Calf Wayne Fhillips 678 243 9977prior to excavation fo-V a .short prwotz meetmg. f RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THATAPPLY Streealuf Near Development Street PotWe Utlllty Locate Shoulder'GQnstruction Dedloated RM Street Bore u L Other (,%PM y) /llgul U 77 L J 7"Y PO L E - Project Locatlom ' PZA Cg -M 9Al lr(SFe ATTAC N't~D AA 1 c{.5"a 1 FA6EMA/J V1 LI.'E RD . 14 t 1--ra 64 Project start Date: Comoctiorr Date' Permittee: (Company Name, Name, Phone, Ema7) CRg r.11A1 "s7-`L.E a/a, .AIS 7' LL. c- 1200 AMArH MP'Aho1.1 PK4UY _STC E8d ��C/'r7SIA/EE L CrA . 3o/o74 �s y Yiiq-2)0--7002 1�Gtr`PVjw [Of $lP.f (� Gr^a wh cas'tl , Cem Contractor Superintendent- (Name, Phone, 24 -Flour Pii ff) AARR4L F-at57-94 Vo -to -7ot?-- This permft authorizes aafy fba follopving street Rcgbts of Way to be oncroached upon for the purpose of construction or mah*nanae of facilities referenced hereita. THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPEGIPICATION& Failure to do so may result fn temporary suspension of ali site work. Cali Milton Department of Public Works (MDPW) 678.242.2500 in case of forced work stoppaga THIS PERMIT SHALL BE SUBMITTED TO. THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START IjA'FE, NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQ_LfR D PERMITS Work must start within 30 days and completed within 120 days -from the date ofapproval unless e$terwi§e approved by MDPW. ALL WORK ZONES MUST CQMKY MTH Manual an Uniform Traffic Control DW. ces, latest addition. EROSION CONTRot„ All work area must comply wlib Chapter 20 Adicle Vl, Milton £ity Code of Ordinances. TR.AFFI:G FETY: (Without Prior Approval) go equipment or materials shall be left within 15 feet of the edge of pavement diiririg nDn-wcrk hours. All tetnpDrary signage trust be removed or covered during non-wor€e hours. No open excavations shall be left in the r1w. Aff street/raad cuts SNI[ be maintain.6 and brqught to pavement grade with stone, and plates during non -work hours_ Street puts shall be paved with Hot Mix accordiRg to CR yof Mtitf+ui construclion specigcaffpns, No sidewalk's are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is fire responsibility of the Permit holder. P-ermittee roust call Uttlfty Protection Sertvice, (819) as well as Fulton County Water andi'or Fulton County Sewer Division according to service area. If utdl#y service is breached un6r a roadway, the pearilitee is still responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate. I acknowledge that I have read and understand that the above is a cohdi"tion of the. permit and 1 am familiar with •thq requirements of the Ml'tton City Code of Ordlnanoes,, Permittee or Authorized Agent. 1/^ f � y -r A) Date: 4--/Y116 /6 FOR THECITY OF MILTON: Department of public Works: Date: GommUpity Developmetft: Data: — Comma E'aff WayneP.hOps 678--243-5:.177p Ybr to cxcav'rdan fora shorfp=coxz meebijq RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number, CHECK ALL THAT APPLY Street Cut New Development Street Pothole Utility Locate 9houlder'Construction Dedicated RM Stredt Bore : Other {Specify} NjjF),f U 7-1L / 7'i/ /00 LC Project Loc.'a ion: PLA' C6rh1 RAt 7'(SE'6 IA-TTAC t%) 13 92 ?90V! DL �rCE ,eb - V Lt. 710 AJ)G_A . / / 3vao°i Project Start Date: 4 i `f t f1` Completion Date: ! ! Permittee: (Company Name, Name, Phone, Email) ,!f R,Q UN C-dSTLE .ill, aS T" LL C. /zoo AlbArH MtAbouj eRmly. sr_r /Ba RvSlA1,FL1- &A. 3oo7L 11Dq- 2 t - Dt2 Wex r`Pvf. orstte Gr^a c.ah C as t l �'.. co.Ht Contractor Superintendent: (Name, Phone, 24 -Hoar Ph #j dARRYL Fv,O-STx0Y-2lo-7ot2. This permit authorizes only the following street Rights=of-Way to be encroached upon for the purpose of construction or maintenance of facllitles referenced herelm: THIS PERMIT SHALL BE AVAILABLE ON THE .JOB SITZ=, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS: Failure to do so may result in temporary suspension of all site work. Call Milton Department of Public Works (MDPW) 678,242.2500 In case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTEI) START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRPD PERMITS Work must start withln 30 days and completed within 920 days from the date of approval unless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control Qevices, latest addition. EROSION CONTRO4: All work areas roust comply with Chapter 20 Article VI, Milton City Cade of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be lett within 9.5 feet of the edge of pavement during non -work hours. All temporary signage must be removed or covered during non -work hours. No open excavations shall be leftin the r/w. All street/road cuts shall be maintain2d, and brought to pavement grade with stona and plates during non -work hours_ Street cuts shall be paved with Hot MIX according to Crtyof Milton construction specifications, No sidewalk's are to be closed or blocked unless a temporary sidewalk is installed ordelineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee roust call Utility Protection. Service (811) as well as Fulton County Water, and/or Fulton County Sewer Division according to servtoe area. If utility service is breaohed. under a roadway, the permtitee is still responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate. I acknowledge that I have read and understand that the above is a condition of the permit and I Am familiar with the requirements of the Milton City Code of Ordinances. - Permittee or Authorized .Agent: 1rK A yrOA) Date.: FOR THE CITY OF MILTON: Department of Public Works: Community Development: Date: Date: Construction Specifications per City Ordinance at the sole exparlse of the permittee Comments: Eaff Wayn o Phillips 678-943-5,177prlor to excavafron fora shortpwcoxz meetutg. RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THAT APPLY Street Cut New Development Street Pothpte Utility Locate --Shoulder-'Construction Dedicated RM Street Bore 1: - Other (Specify) /11 Ckl U 77 L f 7-Y P0 L E - Project Location: PLt4CE1t�t EAl i'�SEE dl�AGFt�t+5 131041 8g`t14A1Vy lel, Ati-Tu^j r �A Project Star)t Date. _ Z r `� t 16 Completion Date Permittee: (Company Name, Name, Phone, Email) GjQomjA1 ".T7 -LE Alec— S.ST`LLf 1200 A10R EN A4 E'A'hokl PkkIV. STE 186 Ras tht ca- GA . 3aoo 7 L,. 'V0q - 2►0 --7yi Z da rrvJ. fors�e� (� CrawxCA.Sdale .CPM Contractor SupeCintendent: (Name, PhQne, 24 -Hour Ph #) .bA& Y L This permit authorizes only the following street Rights -of -Way. to be encroached upon for the purpose of construction or maintenance of faciliiles referenced herein. THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFtMAT1ONS. Failure to do so may result in temporary suspension of all site work. Call Milton Department of public Works (MDPW) 678.242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRiOR TO THE PROJECTEp START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL. COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 120 days from the date of approval untess otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control,601ces, latest addition. EROSION CONTROL: All work areas must complywifh Chapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC $AFETY: (Without Prior Approval) No equipment or materials shall be left. within 1:5 feet of the edge of pavement durlog non -work hours: All temporary stgnago rnust be removed or coveted during non -work hours, No open excavations shall be left in the rlw. All street/road cuts shall be maintain&d, acid brought to pavement grade with stone. and plates during tion -work hours. 'Street cuts shall be paved with Hot Mix according to City of Milton construction specifications,. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee trust calf Utility Protection, Service (811) as well as Fulton County Water andlor Fulton County Sewer Division accordlirg to service area. If utility service is breached under a roadway, the permittee is stili responsible for repairs to the roadway- (to City Satisfaction) even if the permittee has called for a locate, I aeknawledge that I have read and understand that the above is a condtition of the permit and i am familiar with -the requirements of the Muton City Code of Ordinances.' Permittee or Authorized Agent: /°� S/Tonl Late: FOR THE CITY OF MILTON: Department of Public Works: Date: Commupity Devetppment: Date: OTE: All work in the roadway must be done between 9;00 AM and 4:00 Ply unless otherwise instructed Any damage to the RiqhtyQf--Way or City Infrastructure must be. restored in =ordance with the City of Milton Construction Specifications per City Ordinance at the sole expense of the permittee ComrnoAts: Call Wayne Phillips 678-243-9977prior to excavation fora shortpxecoxi r iz efirj&. RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number. CHECK ALL THAT APPLY Street Cut New Development Street Pothole Utility Locate -Shoulder Construction Dedicated RIW Street Bore y' Other (Specify) AJ Ca uTlG t ry Pot E / 64c eAte-ji, W I LA-- rOLt-o W YLLt.1TC Gu �Q�2 i✓r Project Location: ePl rl*► . No,�rft .e I^r 01;r 13ea�r/y r2A , t Project Start Date: _ ! 1 J� Completion Date: Permittee: (Company Name, Name, Phone, Email) Gab wnr CA 5rLr- /V GER Sr L-t_c Z oo ,�ja2rq.44,F& p ROSWEt~t_ / 6A 3ro7/ Vo4--Ztb-7orx- 40,^ryl.-Poe ster tQ Crow^ Ca.3'ft-- , GoM Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) PAR,eyL- V -Y- zra-7ory This permit authorizes only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein.- THIS erein. THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS. Failure to do so may result in temporary suspension of all site work. Call Milton Department of Public Works (MDPW) 678,242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 120 days from the date of approval unless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control Devices, latest addition. EROSION CONTROL: AB work areas must comply with Chapter 20 Article Vi, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be left within 15 feet of the edge of pavement during non -work hours. All temporary signage must be removed or covered during non -work hours. No open excavations shall be felt in the r/w. All streeflroad cuts shall be maintained and brought to pavement grade with stone and plates during non -work hours. Street cuts shall be paved with Hot Mix according to City of Milton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (8111 as well as Fulton County Water and/or Fulton County Sewer Division according to service area. If utility service is breached under a roadway, the permittee is still responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate. I acknowledge that I have read and understand that the above is a condition of the permit and I am familiar with the requirements of the Milton City Code of Ordinances. Permittee or Authorized Agent: A419XI- FS2,54F�- - Date: 1.1106 FOR THE CITY OF MILTON: Department of Public Works: Date: Community Development: Dale: NOTE: All work in the roadway must be done between 9:00 AM and 4:00 PM unless otherwise instructed An damage to the Right -Of -Way or City Infrastructure must be restored in accordance with the City of Milton Construction Specifications per City Ordinance at the sole expense of the permittee Comments: Call Wayne Phillips 678-243-9977prior to excavagon fora shortprecoil meeting. �a� oiifas� , G-° a RIGHT -OE -WAY ENCROACHMENT PERMIT Permit Number: ty CHECKALLTHATAPPLY t�lJ Street -Cut New Development Street Pothaie Utility Locate Shoulder"Canstmotion Dedicated RM Street Bore .^y - other(Specify) I gkl " VL 1 %y /00 Lf - Project jL.ddc��caation::y�,�,� A1-A65A4,6� SCE AT7`AC tt�➢ t U'S _Lf`� Cs% �i t"t A .+2b, l / :"off 6.4. / 3600 9 Project Start Date: l `t I t Completion Date: f : Permittee: (Company Name, Name, Phone, Email) CRow_At �srLE .vG Fpsr'IrLt; 1206 AloArt! iM,9'AbQW Pki�tlY. sr� i8D Res LJE'a- C A . 3oo 7 L �D�-2ro-'7ot2. da.�rvlL .forsfer' � cr^awhcartl� .Gai+t Contractor Superintendent: (Name, Phone, 24 -Hour Ph #j AARRYL rat'-5TFr. �o �2to-7at� This permit authorizes only thefollowing street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities roferenced hereln: THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS, Failure to do so may result in temporary suspension of all site work. Gall Milton Department of Public Warks (MDPW) 878.242.2500 in case of forced work stoppage, THIS PERMIT SHALL BE SUBMITTED.TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALE. COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 920 days from the date ofapproval unless ofherwise approved by MDPW. ALL WORKZONES MUST COMPLY WITH Manual on Uniform Traffic Control. DbAces, latest addition EROSION CONTPoL: All work areas must comply with Chapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval.) No equipment or materials shall be left. withirr 15 feet of the edge of pavement during non -work hours. All leMporary sfgnagO must be removed or covered during non -work hours. No open excavations shall be left in the r/w. All streefitroad outs shall be mairntained_ acid brought to pavement grade with stone. and plates during ran-werk hours. Street cuts shall be paved with Hot Mix according to Cityof Milton construction specifications. No sldewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsiblRy of the Permit holder. Permittee must calf Utility Protectign.Service (811)- as well as Fulton County Water and/or Fulton County Sewer Division according to service area. If utility service is breached. under a roadway; the permittee is still responsible for repairs to the roadway (to Ciiy Satisfactlon) even if the pdrmittee has called for a locate. 1 acknowledge that 1 have read and understand that the above is a Condition of the permit and I am familiar with -the requirements of the Ni`Iton City Code of Ordinances. Permittee or Authorized Agent: rK l�� vTo�J pate: ! ! /( FOR THE CITY OV MILTON: Department of Public Works! commu.nRy pevetppmen : Date: Date: z Comments: Call Way -re Phillips 678-243-9977prior to excau'adon fora sharfptecoxz nr'�efing. ,0 0/ %G / RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: FCHECK ALL THAT APPLY Street Gut New Development Street Pothole Utility Locate Shoulder Construction Dedicated RM _ ✓ Street Bore 0ther(5pa01fy)A77—*cH Nv4P ecQr.rr/° 48rNi 7'0 EXt57'!nr4IA-riLIzy PcLEr wtcc r=,L.L'd- W Projectation: ���r>As tTc D �,E +GT G Z N VIQd Af t L'7'oAA/ 45ti4�jdod R f / T`uR R Project Start pate: �`r t s Completion Data, `f // { /��fS. Permittee: (Company Name, Name, Phone, Email) C/eOWN Cry STSV & 9; t 57— 4Z r, 1 x.00 1VV er1'1A4e 4d%0 1 Hwy 5i�h !go Apswet.L_ , GA 3c0'7b oLarr�rl.orsft3rc C11''p +.3Yj Gq,'S "� I e, • C o rv�, Contractor Superintendent: (Name, Phone, 24 -Hoar Ph #) This permit authorizes. only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein: THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS. f=ailure to do so may result In temporary suspension of all site work. Call Milton Department of Public Works (MDPW) 678242.2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within -30 days and completed within 120 days from the date of approval unless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control Devices, latest addition. EROSION CONTROL: All work areas must comply with Chapter 20 Article VI, Milton City Code of Ordinances, TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be leftwithin 15 feet of the edge of pavement during non -work hours, All temporary signage must be removed or covered during non -work hours. No open excava#tons shall be left in the r/w. All streedroad cuts shall be maintained and brought to pavement grade with stone and plates during non -work hours. Street cuts shall be paved with Hot Mix according to City of Milton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (811) as well as Fulton CountvWater andtor Fulton County Sewer Division according to service area. If utility .service is breached under a roadway; the permittee is still responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate. I acknowledge that 1 have read and understand that the above is a condition of the permit and I am familiar with the requirements of the Milton City Code of Ordinances. Permittee or Authorized Agent: Date: FOR THE CITY OF MILTON: Department of Publfc Works: Date: Community Development: Date:. . Comments: Call Wayne Phillips 678 243-9977pdor to vxcauafiow for a short preaoxz meeting. RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THAT APPLY Street Cul New Development Street Pothgte Utility Locate 811ouider-Construction Dedicated WIN Street Bore v - Other (specify) /ti(1�k f UTI L / TSS PO L E Pro�ecutLocatlon: ' pLA' ccAi c i 7'(SC'E A7T `AC t�D _�ZrZ/*A,YF EzA I& • rzttaraA2. r 4 Project Start Date: Z t t t "� Completion Dater' Permittee: (Company Name, Name, Phone, Email) CRpmly "S7`LE sT L.Lc RaSW LL- CA. 3on71. L&q-2to -Mart darrvl. �orSkr j Cr'oW*% Cats r-0^4 Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) This permit authorizes only the following street Rights -of -]Nay to be. encroached upon for the purpose of construction or maintenance of facilities referenced herein: THIS PERMIT SHALL BE AVAILABLE ON THE .JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPI=GIFIGATION& Failure to do so may result in temporary suspension of all site work. Call Milton Department of Public Works (MDPW) 678.242,2500 in case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START IIATE. NO OTHER CONSTRUCTION ACTIVITY SHALL. COMMENCE WITHOUT THE REQUIR50 PERMITS Work must start wilhin 30 days and completed within 120 days -from the date ofapproval unless otherwise - approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control: Devices, latest addition. EROSION CONTRO(: All work areas [rust comply with Chapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be left within 15 feet of the edge of pavement during non -work hours. M temporary sfgn.ago must be removed or covered during non -work hours. No open excavations shall be left in the r/w. All street/road cuts shall be maintained. and brought to pavement grade with stoke and plates during non -work hours. Street cuts shall be paved with Hot Mix according to Ctty'of Milton construction sp-ecifications, No sidewalks are to be closed or blocked unless a temparary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must .call Utility Protection Service (871) as well as Fulton County Water andlor Fulton Caunty Sewer Division according to service area. If utility service is breached. under a roadway, tha permiffee is still responsible for repairs to the roadway (to Giiy Satisfaction) even if the permittee has called for a locate. I acknowledge that I have read and understand that the above is a condition of the permit and 1 am familiar With tho requirements of the Milton City Code of Ordinances. - Permittee✓ or Authorized Agent: 1/_^ 4iay ToA) hate.: FOR THE CITY of MILTON: Department pf Public Works: Date: Community Development: Date. . NOTE: All work in the roadway must be done between 9:00 AM and 4:00 PM unless otherwise instructed Any Comments: Fall Wayne. Phillips 678-243-9977prior to cxc. rMYoxl fora shortpmcm meeting. qj� RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THATAPP LY Street Cut New Development Street Pothole Utility Locate Shoulder Construction -Dedicated R1W Street Bore ✓ Other (Specify),477',t<H NabE Lc�srtrlrM€,�T-T- EXt 51ir,t 6 IA7-IL 1 TY pa L-� . W It -L. t~o L 1~o t%f Project Location: MK1_C-A Pesti G O 6 A FleLD yu(LToRI GA �►jwvo txs rte. Project Start Date:. tt Completion Hate: `f it %rte Permittee: (Company Name, Name, Phone, Email) S7'4E Id 6- !FA -5T" 4Z -.r ixe,o 1tlo2;-a1"irA4oP1 y s !dd RO $W ELt G�k 30o-7 G �40J4, Zoic. ota.rryI - fro V-S+0!r Ck^o�nr>Cw5`�ic" • Cam Contractor Superintendent: (Name, Phone, 24 -Hour Ph #) r'his permit authorizes only the following street Rights -of -Way to be encroached upon for the purpose of construction or maintenance of facilities referenced herein: THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPECIFICATIONS. Failure to do so may result in temporary suspension of all site work. Call Milton Department 9f Public Works (MDPW) 678.242.2500 In case of forced work stoppage. THIS PERMIT SHALL BE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUIRED PERMITS Work must start within 30 days and completed within 920 days from the date of approvai unless otherwise approved by MDPW. ALL WARKZONES MUST COMPLY WiTH Manual on Uniform 'traffic Control Dbyides, latest addition. EROSION CONTROL: All work areas must comply with Chapter 20 Article VI, Milton City Code of Ordinances. TRAFFIC SAFETY: (Without Prior Approval) No equipment or materials shall be left within 15 feet of the edge of pavement during non -work hours. Ali temporary signage must be removed or covered during non -work hours. No open excavations shall be left in the dw, All streelfroad cuts shall be maintained and brought to pavement grade with stone and plates during tion -work hours. Street cuts shall be paved with Hot Mix according to City of Milton construction specifications. No sidewalks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call Utility Protection Service (811) as well as Fulton County Water an&or Fuiton County Sewer Dlvisian according to service area. If utility service is breached under a roadway, the permittee is still responsible for repairs to the roadway to City Satisfaction) even if the permittee has called for a locate, I acknowledge that i have read and understand that the above is a condition of the permit and I am familiar with the requirements of the Milton City Code of Ordinances. Permittee or Authorized Agent: /��'I` A) Date: FOR THE CITY OF MILTON: Department of Publlc Works: Date: Community Development; Date:. NOTE: All work in the roadway must be done between 9;00 AM and 4:00 PM unless otherwise instructed Any damage to the Richt-Of Way or City lnfrastr_ucture must be restored in accordance with the City of Milton Construcfion Specifications per Cid Ordinance at the sole expense of the permittee Comments: Call Wayne PhAYps 678-243-9977pr1otT to excavalioxr fora 8h0.rFp1ec0'tz rzzeetiztg ^ Georg? RIGHT-OF-WAY ENCROACHMENT PERMIT Permit Number: CHECK ALL THAT APPLY Streetcut New Development Sireot Pothole Utility Locate Shoulder Construction Dedicated RAN Streot Bore � Olher (Specify) /Y,E'k/ U I L 17 y f D L E' Project Coalition. - )OZ AC1`-44---Al i"(SEE' A7T'rAC140 A tY t 7,s1) L. o r -r e b,e oil 1-7a.J 6.4 Project Start Date: _ Z (Y I r �' Completion Dater 1 �' Permittee: (Company Name, Name, Phone, Email) E Ra rant cAS7rLE Al.,-, as -r L.L C 12,06 AIDArH M rAhOul PkulV STr 186 , oSW,cLL Crit . 3oz>-7/. ` ,y vq-210--7012 d'car�rvlw Altsl�P Grre,WhC4LX tie .GUM Contractor Superintendent: (Name, Phone, 24 -Hour Ph #j Th i's permit authorizes only the following streetRfghts=of-Way to be encroached upon for the purpose of construction or maintenance of faeflttles referenced herein: THIS PERMIT SHALL BE AVAILABLE ON THE JOB SITE, TOGETHER WITH THE APPROVED PLANS AND SPEC�ICATIONS; f=ailure to do so may result In temporary suspension of all site work. Qall Milton Department of Public Works (MDPW) 678.24225710 In case of forced work stoppage. THIS PERMIT SHALL HE SUBMITTED TO THE MDPW NO LESS THAN FIVE (5) WORKING DAYS PRIOR TO THE PROJECTED START DATE. NO OTHER CONSTRUCTION ACTIVITY SHALL COMMENCE WITHOUT THE REQUiRM PERMITS Work must start within 30 days and completed within 920 days from the date ofapproval utrless otherwise approved by MDPW. ALL WORK ZONES MUST COMPLY WITH Manual on Uniform Traffic Control; Dbuices, latest addition. EROSION CONTRQf : All work areas must comply with Chapter 20 Article VI, Milton City Code of Ordinances, TRAFFIC SAF15TY; (Without Prior Approval) No equipment or materials shall be left within 95 feet of the edge of pavement during non -work hours. Alk temporary sfgriago must be removed or covered during non -work- hours. No open excavations shall be left in the rlw. All strestiroad cuts shall be maintain W. and brought to pavement grade with stoha and plates during tion -work hours- Street cuts shall be paved with Hot Mix acoording to City, of Milton construction specifications.. No slddwaiks are to be closed or blocked unless a temporary sidewalk is installed or delineated. UTILITY LOCATE is the responsibility of the Permit holder. Permittee must call UtlIItV Protection Service -(811) as well as Fulton County Water and/or Fulton County. Sewer Division according to service area. If utility service is breached. under a roadway, the permittee is stili responsible for repairs to the roadway (to City Satisfaction) even if the permittee has called for a locate, I acknowledge that I have read and understand that the above is a condition of the permit and lam familiar with -the requirements of the Milton City Code of Ordinances. - Permittee or Authorized Agent: - 1/—^ yrc A) Data: FOR THE CffY OF MILTON: Department of Pubile Works: Date: commuolty Develapmertt: Date: NOTE: All work in the roadway must be done between 9,00 AM and 4:00 PM unless otherwise instructed Any CommO.AtS: E'aff Wayne, Phillips 678-943-9977pdor to excavatzron for a shortpxe, eazi zzTeefiizg EXHIBIT C THE SITE PLAN Note: The site plan attached hereto as Exhibit C depicts Crown Castle’s initial deployment within Milton. Crown Castle’s network may be modified, expanded, or upgraded in accordance with applicable permitting regulations of Milton’s Department of Public Works. PROVIDENCE HUB REDD ROAD, FREEMANVILLE ROAD AND BETHANY ROAD PROJECTS FIBER AND SMALL CELL SITE MAP 32 NODES FRE005 FRE004 FRE009 PROVIDENCE HUB CONSTRUCTION COMPLETION SUMMARY EXISTING NODE PERMITS FRE008 RED001 RED002 v'pd �FRE007 RED003 �o RED005P� RED004 FRE013 l FR 002 FRR001 BET006 ) J FRE006. ' Q, *IBET001 PROVIDENCE A REVISIONS PROVIDENCE HUB DATE: JOB NO. NO. DATE I DFSCRIPf10N Ry 7 449 is coNstRucrnN uPDnTEDe I I e tie r REDD ROAD, FREEMANVILLE ROAD AND CROWN BETHANY ROAD PROJECTS DESIGNER infrastructure solutions FIBER AND SMALL CELL SITE MAP CCCASTLE DB 4/zz/1s 2300 BETHELVIEW RD SUITE 110-417 32 NODES 2000 CORPORATE DRIVE D DB 4/22/1s 1 CUMMING, GA 30040-9475 CANONSBURG, PA 15317 CHECKED MAIN LINE :(678) 503-2271 FULTON COUNTY, GA MAIN LINE :(724) 416-2000 SHEET 1 OF 1 _— BET004 �� BET012 BET013 � N BET007 gET008 �p`D44 'd BET014 41 BET015 BET009 BET003 BET002�f� BET010 BET005 BET017 coo BET011 BET016 BET018 Mid Broadwell Rd PROVIDENCE A REVISIONS PROVIDENCE HUB DATE: JOB NO. NO. DATE I DFSCRIPf10N Ry 7 449 is coNstRucrnN uPDnTEDe I I e tie r REDD ROAD, FREEMANVILLE ROAD AND CROWN BETHANY ROAD PROJECTS DESIGNER infrastructure solutions FIBER AND SMALL CELL SITE MAP CCCASTLE DB 4/zz/1s 2300 BETHELVIEW RD SUITE 110-417 32 NODES 2000 CORPORATE DRIVE D DB 4/22/1s 1 CUMMING, GA 30040-9475 CANONSBURG, PA 15317 CHECKED MAIN LINE :(678) 503-2271 FULTON COUNTY, GA MAIN LINE :(724) 416-2000 SHEET 1 OF 1