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Agenda Packet CC - 04/25/2016 - Agenda Packet 4-25-2016
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, April 25, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Rabbi Alexandria Shuval-Weiner, Temple Beth Tikvah – Roswell, GA 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. 16-091) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 25, 2016 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the March 21, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-092) (Sudie Gordon, City Clerk) 2. Approval of the April 11, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-093) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending March, 2016. (Agenda Item No. 16-094) (Bernadette Harvill, Finance Manager) 4. Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Highgrove Club Drive (1720) Stormwater System Improvements. (Agenda Item No. 16-095) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Excellere Construction, LLC for the Cogburn Road Sidewalk Project. (Agenda Item No. 16-096) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement with Cheryl A. Hlivert, Consultant, for Facilitation of Strategic Plan Implementation/Departmental Operating Plans Preparation. (Agenda Item No. 16-097) (Steven Krokoff, Interim City Manager) 7. Approval of a Professional Services Agreement between the City of Milton and All Termite and Pest Control, LLC for Pest, Termite and Rodent Control Services. (Agenda Item No. 16-098) (Jim Cregge, Parks and Recreation Director) 8. Approval of a Contract Agreement between the City of Milton and Tri Scapes, Inc. for the Right of Entry, Indemnification and Maintenance. (Agenda Item No. 16-099) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 25, 2016 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend the Defined Benefit Pension Plan to Reduce the Qualifications for Normal Retirement to Attainment of 65 and 5 Years of Total Credited Service. (Agenda Item No. 16-100) (Sam Trager, Human Resources Director) 2. Consideration of an Amendment of Chapter 56, Article III of the City of Milton Code of Ordinances to Update the Maximum Speed Limit Table. (Agenda Item No. 16-101) (Carter Lucas, Assistant City Manager) 3. Consideration to Adopt an Amendment to the Impact Fee Ordinance Fee Schedule. (Agenda Item No. 16-102) (Michele McIntosh-Ross, Principal Planner) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of RZ16-02/VC16-01 – To Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141(d)(1)(b)]. (Agenda Item No. 16-086) (First Presentation at April 11, 2016 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution to Restate Adoption Agreements between the City of Milton and ICMA-RC as Required by the IRS for the City’s 401 Defined Contribution Plans and Allow for a Loan Provision in the Plan. (Agenda Item No. 16-103) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 25, 2016 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Sam Trager, Human Resources Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Communication & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-104) The minutes were provided electronically ami HOME OF' HE BEST QUALITY OF LEO M 7 1 LTO N*k ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending March, 2016. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,V' PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 44496 P -r40 CITY ATTORNEY REVIEW REQUIRED: (.) YES /a40 APPROVAL BY CITY ATTORNEY () APPROVED (416T APPROVED PLACED ON AGENDA FOR: LAI 10 y61c REMARKS 13000 Deerti®Parkway, Suite 107 Milton GA 3W04 A `\ You PHONE: 678.242.25001 FAX: 678.242.2499 'Green . *' > Infc@cifyolmI fonga.us I w .effyofmlNonga.us ��� Community c To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Manager Date: Submitted on April 8, 2016 for the April 25, 2016 Regular Council Meeting Agenda Item: Financial Statements for Period 6 –March 2016 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.36% over what is anticipated for the sixth period of the fiscal year. Total expenditures to-date are $15,041,774 and are 0.92% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $25,658,906, capital expenditures-to-date total $1,649,877. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2016 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 9,902,000 86,092 74,000 12,092 310,589 289,500 21,089 Motor Vehicle Tax 975,000 102,882 81,250 21,632 348,758 325,000 23,758 Intangible Tax 200,000 12,252 16,667 (4,415) 76,660 66,667 9,993 Real Estate Transfer Tax 85,000 6,708 7,083 (376) 36,595 35,417 1,178 Franchise Fees 1,900,000 73,741 66,500 7,241 904,226 867,720 36,507 Local Option Sales Tax 8,300,000 680,022 691,667 (11,645) 3,540,501 3,458,333 82,168 Alcohol Beverage Excise Tax 295,000 21,270 24,583 (3,313) 116,903 122,917 (6,014) Business & Occupation Tax 650,000 303,704 292,500 11,204 561,137 552,500 8,637 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 39,000 29,131 23,400 5,731 38,591 31,200 7,391 Penalties & Interest 32,300 2,708 2,692 16 17,245 16,150 1,095 Alcohol Beverage Licenses 145,000 - - - 140,450 137,750 2,700 Other Non-Business Permits/Licenses 16,800 1,505 1,400 105 10,136 8,400 1,736 Zoning & Land Disturbance Permits 217,100 21,740 18,092 3,648 79,802 108,550 (28,748) Building Permits 480,000 37,177 40,000 (2,823) 244,430 240,000 4,430 Intergovernmental Revenue - - - - - - - Other Charges for Service 600,000 46,567 59,437 (12,870) 243,214 291,406 (48,192) Municipal Court Fines 550,000 - - - 229,304 229,167 137 Interest Earnings 20,450 5 1,704 (1,699) 18,186 10,225 7,961 Contributions & Donations - - - - 1,382 - 1,382 Other Revenue 47,628 13,029 350 12,679 57,386 23,814 33,572 Other Financing Sources 38,000 - - - 364 364 - Total Revenues 26,293,278 1,438,531 1,401,324 37,207 6,975,859 6,815,079 160,780 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 171,375 9,543 10,107 (564) 75,916 81,941 (6,025) City Clerk 193,574 17,174 12,517 4,657 82,192 88,489 (6,297) City Manager 705,273 34,066 48,656 (14,590) 384,913 361,633 23,280 General Administration 43,557 2,463 3,388 (925) 20,834 23,229 (2,394) Finance 427,877 29,851 36,503 (6,652) 214,960 217,818 (2,858) Legal 230,000 - - - 81,277 86,250 (4,973) Information Technology 837,203 40,176 56,264 (16,088) 417,779 421,408 (3,629) Human Resources 341,602 18,110 20,452 (2,342) 126,611 128,116 (1,505) Risk Management 216,328 - - - 129,509 129,509 - General Government Buildings 396,421 32,202 33,035 (833) 193,210 198,211 (5,000) Public Information & Marketing 309,345 12,631 23,002 (10,371) 130,729 144,022 (13,294) Municipal Court 323,708 21,277 24,683 (3,406) 137,232 154,513 (17,281) Police 4,202,095 285,592 315,260 (29,668) 2,022,861 2,016,967 5,894 Fire 5,997,260 376,471 441,265 (64,794) 2,881,739 2,894,232 (12,493) Public Works 2,086,601 148,108 162,067 (13,960) 861,753 900,736 (38,983) Parks & Recreation 1,509,405 43,688 46,230 (2,542) 654,884 681,300 (26,415) Community Development 688,885 47,266 53,029 (5,763) 299,021 324,016 (24,995) Economic Development 78,588 3,025 3,634 (610) 43,938 47,028 (3,090) Debt Service - Capital Lease Payment - - - - - - - Operating Transfers to Other Funds 12,564,834 1,047,070 1,047,070 - 6,282,417 6,282,417 - Operating Reserve 187,401 - - - - - - Total expenditures 31,511,332 2,168,713 2,337,162 (168,449) 15,041,774 15,181,833 (140,059) Net Income/(Loss)(5,218,054) (730,181)(8,065,915) Fund Balance - Beginning 10,081,237 10,081,237 Fund Balance - Ending 4,863,183 2,015,322 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 2,000$ -$ -$ (2,000)$ Hometown Jubilee Vendor Fee 1,000 - - (1,000) Interest Revenues - 1 4 4 Crabapple Fest Sponsor 15,000 - 1,000 (14,000) Earth Day Sponsor 4,500 - - (4,500) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - 2,000 1,000 Donations/MGG - 290 310 310 T-shirt Sales - - - - Mayor's Run Reg. Fees - - 375 375 Roundup Food Sales - - - - Total revenues 23,500$ 291$ 3,689$ (19,811)$ EXPENDITURES Current: Special Events 79,140$ 1,127$ 33,888$ 45,252$ Total Expenditures 79,140$ 1,127$ 33,888$ 45,252$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 47,000$ 5,281$ 21,120$ (25,880)$ Total other financing sources and uses 47,000$ 5,281$ 21,120$ (25,880)$ Net change in fund balances (8,640)$ (9,078)$ Fund balances - beginning 30,712 30,712 Fund balances - ending 22,072$ 21,633$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 3 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/Federal Funds - - 37,596 37,596 Interest Revenues/State Funds - - 9 9 Interest Revenues/Federal Funds - - 30 30 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ -$ 37,635$ 37,635$ EXPENDITURES Current: Police -$ -$ 39,786$ (39,786)$ Total Expenditures -$ -$ 39,786$ (39,786)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (2,151)$ Fund balances - beginning 202,497 202,497 Fund balances - ending 202,497$ 200,346$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 4 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 890,000$ 31,577$ 287,281$ (602,719)$ Interest Revenue - - 10 51 51 Total revenues 890,000$ 890,000$ 31,587$ 287,332$ (602,668)$ EXPENDITURES Current: Public Safety 909,080$ 909,080$ 1,628$ 82,843$ 826,237$ Total Expenditures 909,080$ 909,080$ 1,628$ 82,843$ 826,237$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ -$ Operating Transfer Out to Capital Projects 300,000$ 43,626$ -$ -$ -$ Net change in fund balances (319,080)$ (62,706)$ 204,489$ Fund balances - beginning 62,719 768,794 62,719 Fund balances - ending (256,361)$ 706,088$ 267,208$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 5 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 5,281$ 21,120$ (45,880)$ Total revenues 67,000$ 5,281$ 21,120$ (45,880)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 5,281 21,120 (25,880) Total other financing sources and uses 67,000$ 5,281$ 21,120$ (45,880)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 6 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 90,000$ 90,000$ 600$ 20,393$ (69,607)$ Infrastructure Maint Penalty & Interest -$ -$ 69$ 69$ 69$ Sidewalk Replacement Account - - - - - Crabapple Paving Fee - - - - - Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 120,000 120,000 - 37,639 (82,361) HYA Fees - - - - Interest Revenue 500 500 143 357 (143) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Parks & Rec - - - 14,399 14,399 Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 210,500 210,500 812$ 72,856$ (137,644)$ EXPENDITURES Capital Outlay City Council 710,069$ 710,069$ 457$ 1,457$ 708,612$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg - 9,935,171 4,000 313,843 9,621,328 Finance - - - - - IT - - - - - Court 100,000 55,000 - - 55,000 Police 1,079,618 1,079,618 110,432 110,644 968,974 Fire 2,541,748 2,541,748 - 138,617 2,403,131 Public Works 8,614,121 8,678,121 150 1,025,961 7,652,160 Parks & Recreation 2,318,210 2,318,210 30,242 56,520 2,261,690 Community Development 247,207 327,207 2,710 2,835 324,372 Total Capital Outlay 15,624,735$ 25,658,906$ 147,991$ 1,649,877$ 24,009,029$ Excess of revenues over expenditures (15,414,235) (25,448,406) (147,179) (1,577,021) (24,146,673) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 8,327,979$ 18,763,150$ 693,998$ 4,163,990$ (14,599,161)$ Transfers in from E-911 Fund 300,000$ 43,626$ -$ -$ (43,626)$ Unallocated - - - - -$ Lease Proceeds - - - - -$ Proceeds of Sale of Assets - - - -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 8,627,979 18,806,776 693,998 4,163,990 (14,642,787) Net change in fund balances (6,786,256) (6,641,630) 2,586,968 Fund balances - beginning 7,224,493 7,224,493 7,224,493 Fund balances - ending 438,237$ 582,863$ 9,811,461$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 7 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)146,732 146,732 - 98,200 (48,532) CDBG 24,700 24,700 - 32,619 7,919 LMIG Funds 200,000 200,000 - 280,076 80,076 GDOT HPP Funds 5,938,408 5,938,408 - - (5,938,408) MARTA Grant 74,650 74,650 2,788 2,788 (71,863) SR 9 @ Bethany Bend Grant 872 872 - - (872) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - - Interest Revenues - - 28 65 65 Total revenues 6,889,424$ 6,889,424$ 2,815$ 413,747$ (6,475,677)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 6,212,525$ 5,712,525$ -$ 491,728$ 5,220,797$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 6,217,425$ 5,717,425$ -$ 491,728$ 5,225,697$ Excess of revenues over expenditures 671,999 1,171,999 2,815 (77,982) (1,249,981) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,411,202$ 911,202$ 117,600$ 705,601$ (205,601)$ Transfers in to General Fund - - -$ -$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 1,411,202$ 911,202$ 117,600$ 705,601$ (205,601)$ Net change in fund balances 2,083,201 2,083,201 627,619 Fund balances - beginning (2,082,969) (2,082,969) (2,082,969) Fund balances - ending 232$ 232$ (1,455,350)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund -$ 2,256$ 9,424$ 9,424$ Law Enforcement Fund - 1,613$ 6,735$ 6,735$ Fire Fund - 9,241$ 38,593$ 38,593$ Road Fund - 11,532$ 48,164$ 48,164$ Park Fund - 52,828$ 220,636$ 220,636$ Interest Revenues - 12 29$ 29$ Total revenues -$ 77,482$ 323,581$ 323,581$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures - 77,482 323,581 323,581 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 323,581 Fund balances - beginning - - Fund balances - ending -$ 323,581$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 9 of 10 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues 166.95 890.98 890.98 Contributions & Donations - - - - - Total revenues -$ -$ 167$ 891$ 891$ EXPENDITURES Capital Outlay General Government Buildings 9,935,171$ -$ -$ -$ -$ Parks & Recreation 822,974 822,974 - 699,941 123,033 Bond Principal 589,878 589,878 - - 589,878 Bond Interest 276,256 276,256 - 30,486 245,770 Total Capital Outlay 11,624,279$ 1,689,108$ -$ 730,427$ 958,681$ Excess of revenues over expenditures (11,624,279) (1,689,108) 167 (729,536) 959,572 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 2,825,653$ (7,109,518)$ 235,471$ 1,412,826$ 8,522,344$ Revenue Bond Proceeds 689,868 689,868 - 689,868 (0)$ Total other financing sources and uses 3,515,521$ (6,419,650)$ 235,471$ 2,102,694$ 8,522,344$ Net change in fund balances (8,108,758) (8,108,758) 1,373,158 Fund balances - beginning 8,109,005 8,109,005 8,109,005 Fund balances - ending 247$ 247$ 9,482,163$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 31, 2016 10 of 10 I HOME OF'THE ST QUALITY Of LIFE IN GEp M I LTIONES 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Highgrove Club Drive (1720) Stormwater System Improvements. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,PROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: PJ'GES () NO CITY ATTORNEY REVIEW REQUIRED: ()-rE'S () NO APPROVAL BY CITY ATTORNEY (PROVED / / NOT APPROVED PLACED ON AGENDA FOR: 0 qIx"It. REMARKS I" y youl PHONE: 678.242.25001 FAX: 678.242.2499Greeri�• 'cmua* r2? info@clfyofmlltonga.us l www.cltyofrnllfon a.us IIinity 1� 4� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: James Seeba, P.E. Stormwater Engineer Carter Lucas, P.E. Public Works Director Date: Submitted on April 6, 2016 for the April 25, 2016 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Layne Inliner, LLC for Highgrove Club Drive (1720) Stormwater System Improvements. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Repair (cured-in-place pipe lining) 143 linear feet of deteriorated 30” metal storm drain pipe. The pipe lining will restore this pipe to its original structural and hydraulic capacity. This method of repair will eliminate the need to remove and replace the conduit, trees, fencing and other vegetation. Compared to other repair/replacement methods of construction, this method of repair will also minimize the time required for completion. In accordance with the city pro curement procedures the City is “piggybacking” from an existing City of Roswell Contract with Layne Inliner, LLC for similar services. This contract was awarded by bid procedures in 2015 and recently renewed for 2016. After consideration of firm qualifications and price, Layne Inliner, LLC was determined to provide a qualified low price. The bid price for performing the specified scope of services is $19.838.75. Staff is recommending approval of a Construction Services Agreement with Layne Inliner, LLC in the amount of $19,838.75. Page 2 of 2 Firm Cost ($) Layne Inliner, LLC 19, 838.75 Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital budget. Alternatives: Excavate and remove existing pipe, re-install new pipe. This process would require the removal of 5 large trees, other vegetation, and approximately 75 feet of wood fencing. Cost would exceed cost of lining. Legal Review: Jarrard & Davis, LLP – Ken Jarrard, 3/28/2016 Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Construction Services Agreement HOME OF TiF DEBT QUALfY 0Fi.IrF_ 1 '.RG)A' -a- u N TiSPABLISHR) 20w, CONSTRUCTION SERVICES AGREEMENT FOR HIGHGROVE CLUB DRIVE (1720) STORMWATER SYSTEM IMPROVEMENTS This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this _ day of , 2015 (the "Effective Date") 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 Layne Inliner, LLC (hereinafter referred to as the "Contractor"), an Indiana Limited Liability Company having its principal place of business in Georgia at 2090 Tucker Industrial Road, Suite A-1, Tucker, GA 30084, collectively referred to herein as the "Parties," WITNESSETH: WHEREAS, the City requested that Contractor submit a quote to perforin the Highgrove Club Drive (1720) Stormwater System Improvements (the "Project") in conformance with the terms of a separate contract between Contractor and the City of Roswell, Georgia; and WHEREAS, based upon Contractor's submission, the City has selected Contractor to perforin the Project; and WHEREAS, Contractor has agreed to perform the Project according to the terns 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 (all as defined herein), 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 incorporated herein by reference, constitute the "Contract Documents": A. Request for Price Proposal (4 Pages), attached hereto as Exhibit "A"; B. Price Proposal from Contractor dated March 22, 2016 (3 Pages), attached hereto as Exhibit "B"; C. Performance and Payment Bonds, attached hereto collectively as Exhibit "C"; D. [Reserved]; E. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; F. Subcontractor Affidavit, attached hereto as Exhibit "F"; 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; City of Milton Code of Ethics (codified in the official Code of the City of Milton); and K. Technical specifications attached to or incorporated by the contract last dated January 26, 2016, between Contractor and the City of Roswell (incorporated herein by reference but not attached). In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description The scope of the Project generally consists of "cured in place" lining of 143 linear feet of 30 -inch corrugated metal pipe on the south side of Highgrove Club Drive (1720). The Project also includes inspection of the installed lining by closed-circuit television. The specifications for the Project include the following requirements: 1. The rehabilitation of all pipes is to be conducted using "Cured In Place Pipe" technology. 2. The design of the pipe lining must be conducted by or under the supervision of a qualified Professional Engineer. 3. The materials and installation must conform to ASTM Standards 05813-95, 0618-00, F1743-96, or F1216-98 as appropriate. 4. The pipe liner shall be designed for a life of 50 years or greater with respect to structural durability and corrosion resistance to reagents identified in ASTM 0543. 5. To the extent consistent with the above -listed specifications, the Work shall comply with all other technical specifications attached to or incorporated in the contract last dated January 26, 2016, between Contractor and the City of Roswell for similar pipe lining services. 2 Section 3 The Work The work to be performed under this Agreement is specified and indicated in the Contract Documents (the "Work"). The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services, and any other miscellaneous items necessary to complete the Work as described and as 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. Section 4 Contract Time Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City. Contractor agrees to complete the Work within 30 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. Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $19,838.75 (the "Contract Price") except as outlined in Section 6 below. The compensation for Work performed shall be based upon the unit prices set forth in Exhibit "B." The Contract Price 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 Contract Price, 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 upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. 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. All invoices should be submitted to Honor Motes (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. 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. All amounts retained by the City shall be held as a lump sum until final completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or change orders executed pursuant this Agreement. 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. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to detenuine 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 firffier 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 change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $5,000 must be approved by resolution of the Milton City Council. M 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. 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. EMertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound 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 RemesentAive Carl C. Smith shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assig ment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the 0 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. Indppendent 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 7 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 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) Minimurn 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. Tl --ds 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 death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation 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. 9 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' 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 all of the requirements stated in this Agreement, including but not limited 10 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 Pale: 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 perfonn 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 (`BEV" 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 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "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 11 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 malting 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 comiection 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 12 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. F-Luthermore, 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. Bonds The Contractor shall provide Performance and Payment 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. 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. 13 O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City inforination 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, 14 ordinances, building codes, and rules and regulations. Q. [RESERVEDI 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. 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 along the right-of-way, in order for Contractor to complete the Work. B. City's Representative Jim Seeba shall be authorized to act on the City's behalf with respect to the Work 15 as the City's designated representative; provided that any changes to the Work or the terns 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. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor the same fraction of the Contract Price as the fi-action of the Work performed to date. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price, The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. 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. D. 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 tennination for convenience under the terms of this Section (A) above. E. Upon termination, the Contractor shall: (1) promptly discontinue all Work as quickly and effectively as possible and shall terminate all commitments to third - parties, 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, 16 whether completed or in process, in the form specified by the City. F. 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 17 NOTICE TO CONTRACTOR shall be sent to: Mr. Carl Smith Layne Inliner, LLC 2090 Tucker Industrial Road, Suite A-1 Tucker, GA 30084 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 perforin 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. T. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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 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 ternis 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 tern or condition other than the one 18 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] 19 SIGNED, -SEALED, AND DELIVERED In the presence of: Witness Debbie Butler Print Name i Notary Public [NOTARY SEAL] My Commission Enires: I l L (r, Attest: Signature Print Name City Clerl� Title Layne Inliner, L C G� Signature Carl C. Smith Print Name Branch Manager Title (Member/Manager) CITY OF MILTON Joe Lockwood, Mayor Approved as to form: City Attorney 20 [CITY SEAL] EXHIBIT "A" REQUEST FOR PRICE PROPOSAL Highgrave Club 'dDrive (1720) Storrrlwater System Improvement BIDS DUE March 22, 2016 BY 1:00 FM Gene ral Description of Project Scope Contractor to bld an the rohv-ing scope. Centra&or is requlrad to visit the site prior to submitting bid to confirn} and verify scope. Conlractor is responSihle for utility krcates and coorr3insfion of all work. Cify, uai1l obtain easernents. Performance bonds and paynient bonds are required for this projecl. The gerrefad v;,ope of u4wk tivttl c n-ist of cured in place Trndrlg of fog YF of W arch CMP. The ,project also i, )chjndes TV inspeaian oi said pipe and aid asroctated work do prepsralkora for An�ng. Tfre lining ahadt be camp4ant with f,neci5celicns of the currant (jn Wacs) cantraect Alth the Ci7v ofFbuvAeil (dafi ?d,aar!uarir 2016) for akriftar services. The locabbn os aibrrg Pre eeal properly ;7ne of 1720 f69hgrove, Chrb Driie and exkkmdd3 awrtrhwsrd froom an exisfing manhole 143 feet to a headtivsdl un said propert f. COV*SOOr is rezpunaihle for utr'dify daaetes, prorerty 04v ala" coardh7adco, arrraion and medinaenl ccrrfrdJ, and any damagea to arry property. C.onlracrar wiff reptace in kwd aid damages ora inapacfeci p+reattes. The undersigned, as trader, declares and represents that it has examoetl the Site- of the work and informed hiinsetfAtierself futfp in regard to all conditions pertaining tc iheplace where the work is to be perforrned, including those conditi 1.0 General Condifians a) One lanes of tra, ft. shall be open at. all times. Lane closures shall. be restricted to the hours of 9 am to 4 pm b) Consfrue bon aclivilywithin 11000feet ort an occupied residence will beallbvmd Pion. -Fri!. between the hours of 7'30 AIA "d 7-M PM and Sat. between Ujo AM and &TO PM. Construction activity more than 1000 feet from an occupied residence wilt be. allowed Monk Fri. between the hours of 7:013 AM and 10:00 PM end .Sat. between the hours of ,&30 AM and 8:0 Pkt Contractor must notify the city of tvinton (e7g) 242-2500, I-Wenty4bur (24) hours Olor to beginning construction. d) Burfal of construction materieF.- is not permitted within the. City of Hfton. Alt cionst(udion, materials and debris within'the wcKk area shag be Property disposed of by the cortlraalor. a) The canfractor is responsible For any damaged property Which occurs as a result of this Project The contractor shall faPIROe any damaged properly at his own expense. Unless otherwise stated. the City shall provide, all necessar, project prior to issuance of the Wice to Proceed. y permits end easements assudefed with this M Matertalls., EquIpmeat and Employ-ees 9) The contractor shall, unless otherwise specified, supply and pay for an labor, transpariation, materials, tacit, apparatus, rightspmver, ft jel,:ssnlbsi.y FacUes, and. incidentals necez-aary for the completion Gfhk W. Wk,. and shad instaff, rneinWin arvd rernove all equipment of the other ubanifils or tWngSr and, be responsible for the sari, proper and lewful. construclion. malr4anance and use of same, and shell construct in the best and mxisf workmanrike manner, a cdmpleta job and evertthlng lincidental thereto, as shlyXin on the plans, slated irk the specificallona, or reasonably rnvlied there from. all in accordance v&h the contract dootirneub. b) AJI materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved fcw use. Workmanship shall at an ftas be of a grade accepted as the best practice or the pawrIaLfiar trade involved, and as stipulated in vaitten standard.- of recogrgzatl organizaiians or institutes of the, re sperfina trades e x 0 ep t a s exD a e d a d or qu al 1 Ili ed by I h a a p e c M c ab o n s. 0) No chsKes shall be made in INe Work except upon vailtan approve] and change order of the city. d) Produc.15 axe gieneraWy specified by ASTM or other reference standard armling, by manuraolurars name and model number or trade name. When specified or -Ay by reference standard, the Ocnti-ector my select any product meeting [his standard. by any i-Ilarwfedurer. Wften severl. products or are specified as bGiN aqUaRy acceptable, the Contractor has the opfion, of using any product and manufacturer combinsfion Fisteed. Hmvever, the conlraclor shall be aware that: the cited examples are used only to denote the quafity siandsrd of product desired and that they do not restrict bidders to a speb?ja brand, rnake, ManU%CtUrer or specific. narnw, that they are used Only 10 set Forth and convey to bidders the general style, type. character and quality of product desired, and that equivalent products mqll be accepteble. Substitution of materials, items of eqLdment of equal. or equivalent design shaill be subriffied in p aralited, OT engineer roc approval or disapproval, such apprvial -or disapproval shall tae :made by the arcWtact or engineer prjaf to the opening of uds. e) If stany IiMa during The constm;iciion and completion of the workoorverad by these contract documents, the conduct of any Workmen of the vwjorus wafts is aqjudged a, nuisance to the Ovffier- cxr Ifany Workman be considered detrimental to the YmFk the; Contractor shall order such parties removed immediately from the Effe. f) The contractor shall des"Ie a fbremargisuperinfendeW WIND shag direct the %iork. Page 2 of 4 3.0 Eroslm and, Sedfment Control a) The aiontrachr r will providesuitable erosion andsediment oontrol massures so as to prevent sediment fromi leaving the site, Meinlenance of erosion enol .sediatsent control measures is required at all times. The corstraclanr shalt have certifised erosion card sediment control personnel on site at all Banes. AN hlPOE% GSVIXG and Cty of HIton guidelines should be falEaured... b) All erosion end sediment.00ntrol work shall be performed in accordance with the standards provided in the Georgia Manuel for Erosion and Sediment Control in Georgia, lamest edition.. 0) Provide double row of Type C silt fence along the down slope side of all disturbed areas. All barriers shelf be in plate prior to any land disturbing activities. d) Sift fences and hair bale barriers shag be cleaned or replaced :and maintained in functional condition unlit permanent erosion control measures are established, All silt lances end other temporary measures will be removed by the. contrac€orldeveloper when the site is stable. e) Sk fence fabric shall be comprised or Ga. Department of Transpertsiion qualilie-d products Section 171, tie 'q', for silt fence fabno. Type "A' silt fence. fabric and oonstruction tray be allowed with prior written approval from Ilia land development inspector_ f) Temporary vegetation andfor heerry mulch will be used to stabilize areas. In no caste shall a site be left mare for more than fourteen f 14) days,. g1) No clearing beyond the limits of disturbance shown on the approved l lens shall be. allowed wilhout s:pprovsl. h) Provide meffing, temporary and permmnant seeding of allslope feces. i.) PrcvWL- s minimum of lh inch: of mulching, ternprrrarl and permanentseeding of a9 other disturbed ereas.. 4.0 Earthwrark a) The area within the typical grading section shell be ckea d of all trees, brush, slurnpe. Ings„ grass roota, vageteble matter, pates, stubs, rubbish: refuse duvrnps, sawdust piles„ and 511 other matter resting ark or prolruding through the original ground Lusfsce or apNarinq or being placed an the area within the typical grading seeifon before ureal acceptance of worts. b) All depressions, beh3w the ground surface. cranlmining water shalt be drained., unsuitable material removed and filled vrslha suitabfe material and compacted to Ilia graund surface before the embankment proper is begun. Any area deemed gur-asdictrpnal under federal. ;state or kcal regulations shalt oblain required approvals or permits pricer to any land dfs urNng activities in those areas. c,) Sub-grada pfFpsiatton =_#nail be in accordance with GDOT.specificstions •and €h+ese regulations, d) If any sections of the sub -grade are composed cif topsoil, organfc. or other unsuilabre -or unstable material, suckle material shall be removed and replaced: wilh suitable material and then thoraughtyr •compacted as speo€fied for fill or stabilized with stone or a geo-taxtile Or gel+ -gild. e) Fill shall be placed in unifxna. horizontal. kaVem not more than V'thfck (loose measurement). Moisture content shall be adjusted as necessary to compact material to 96% maximum lsboralmy dry densityas delermined fxy AASHTD rrrelhod T-99. f) After the esrfhwork has been compteted..aall storm drainage, vrater, and s:arwitery sever ulililiees. have been inslawlled Within the right-of--vmi as appropriate; and the backfill in all such ditches thoroughly ocnVacted, the sub-gjade Shall be bro4ht to the Innes, grades, and typfcsl maduasyr section shovin on, the plans_ g# Provis€ona .shall be. made by the: contractor to ensure "equate drainage and prevent: possible damage to the: work area. t'ega 5 of 4 5A UVINtles a) The oontiraclor shall be required iv coordinate, and manage any and all utility locates andlor relocations vifftn, the scope at this project: 8.0 Performance a) All work performed shall be In accardance City of Milton Construdion Standards. The ountrador will! adhere to all current State and Federal construciian safidy mgula%m, including OSHA raguJIBlions. The Contractor will conform to MUTCD and the State of Georgia Depadment of Transportation standards for traffic Control. The Contractor must maHein a Sale vmrk zone for their employees, pedestrians, and vehicular Iransports.fion, All work shall be inspected and approved by the City of Millon Department of Fublio Works CMDFIM. 74 Safety Requirements a) The Contractor shell be responsible 46T the entire Site and the construciiion of the same and provide all the necessary pro4ecMons as required by I'mus or ordinances gowmin 5=11 Conditions and as required by the Ovwner or Designer. He shell be responsible for any damne to the Owners property or that Of others on the job, by himself, his personnel or Ws subcontractors, and shall make good wich damages. He Shall be responsible for and pay for any claims against. the Cyi-ner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on It -A. -%Ycrk, Contractor shall clearly mark or post signs. warning of hazards emsting, and shall barricade excavations and similar hazards. He Shall protect against damage. or injury resulting from falling malerials and he Shall rnaintgiri all prolective devfoessnd signs ftwDurMout the progress ofilhe work &0 Wetlands and Stream Buffers a) No work shall be permitted %within any designated welfand or Stream buffer area Y.Athout prior approyal of the City of Milton. Welland areas and Slresm buffers shall be, de*insted by tiha My of Milton prim to The issuance of a notice to Proesad. 9.0 GGdea, Permits and Inspedions a) The Contractor shalt obtain the required permits. if recluked. give, all ncffices, and comply with all laws, ordinanaes6 codes, rales and regulations hearing on the conduct of the work under this contract_ If the Contractor obseries, that the drawings and specificatims are at variance therewith, he shag promptly no-Vy the Designer in. wriflng. If the Contractor performs any wo* kw.vAng it to be contsfy. 10 SUQJj:laws, ardinanow., oodes, rules and repulakns. and WIMutsuch notice to the Owner. he shall Lasr all coal: arising there from. 100 Clean Up a) The Contraclor Shen keep the, --Has and Surrounding area ressomably ftee from rubbish at all times and shall rerraotre debris from the .site from firla to time or Ywhan directed to dosc, by the Owner., ReUte*nalinspeoffon and acreplance; of the project, the Contractor shall thorojogMy clean the sites, and completely prepare the project andsita, for use by the Owner. 11.0 Schedule a) Project shall start JuWn I week of notice to proceed and be Completed in sarisfaclory manner, as deemed by NOMtui hin 2 Weeks from dale claward, Wth final Inspection scMdu6ecl Mtbin 3 weeks from the data of aviard, 1210 DetaillDrawings tSeeAttached) Page 4 of 4 EXHIBIT "B" CONTRACTOR'S PRICE PROPOSAL To:]!mSeoba City of Milton, GA March 22, 2016 Please see attached proposal for the CZPPproject located at 1720 H|qhgnmoClub Drive, Thanks again for the opportunity, Carl sniltv B Xrn c anaer, Lane Inflner Item# DESCHIPTICH'i0l QTY UNIT PRICE 001 Is' CIPP 8.0mm LF 80.00 002 24' CIPP 10.0inm LF 92.00 003 30' CIP P 12.5m.m 143 LF -11S.:00 $16,445, 004 36' Opp 26.0mm, LF 140.00 Gas 42"CIPP 18.0mm V 2,00-00 005 48" CIP? 21,:Dmm LF 230M $ 007 54'CfPP24Xmm LF 275.00 $ 008 60" CIPP 23.5mm LF 345.00 1DO 6"ClIPP30.0mm LF 44.5..00 009 172" CIPP 32.5mm LF 54.5.00 5 Additional Thid-ness 010 Additional Cost Per 1.5m m Thickness - 18' Pipe LF 3.7.5 Oil Additfonal Cost Per 1.5mm Thickness - 2V Pipe LF 4.75 012: Additfonal Cost Per 1.5mm Thickness - 30(" Pipe LF 6.50 013 Additfonal Cost Per 1.5mm Thickness - 36" Pipe LF 7.50 $ 014 Ad&tinnal Cost Per 1.5mm Thickness - 42" Pipe tF 8-65 $ 015 Additfanal Cost Per I.Sm m, Thickness -48� Pipe- LF 9-90 016 AddWanal Cbst Per 1.5mm Thickness - 54" Pipe LF 1 .00 017 Addlitlonal CostPer 1.5mm Thickness - 60" Pipe LF $ 11.75 018 Addifianal Cost Per 1.5mm Thickness - 66' Pipe LF 12.75 019 M-diti onal Cost Per 1.5irm Thickness - 7r Pipe ;LF 14.25 020 Inversibn Setup IV- 24�'CJ PP EA 850.00 020a Inversion Setup 30' - 42" LIPFI I EAt$ 2,-SDMGG $ 2,500.00 m Inversion Setup 48'�-�727'CIPP EA 4,500.00 Additimial C*5tfar No VOC fiesky 022 No VOC Resin - 1T Pipe LF 4.00 023 No Voc Resin - 24" Pipe LF 8.00 024 No Voc Resin - 3W Pipe LF 14.00 D.25 No VOC Resin - 5V P[pe LF 22.00 026 WO Voc Resin - �42.' P[pe: LF 32.00 027 No Voc Resin - 48" Pipe LF 48.00 028 No Voc Resin - 54" Pipe LF 58.00 029 No Voc Resin - 60" Pipe LF 77M 030 No Voc Resin - 66" Pipe LF 95.00 D31. No Voc Resin - 7.2" Pipe F :135.00 Bypass Pumping (Affind, asive. Induding Setup, alscharge.Lhjes� and.operation.) -Pump 032, v H.R. -$ .65.00, 033 9' ptlimp HR 75.00 034 9' Pump H, 85.00 035 10 Rump H:R 135,00 036 112' Nmp HR 200.00 Storraffne Televidon Inspection 037 IStorm Une CCIV Inspection 1 1431 LF $ 1.75 $ 250.25 StDROffle Clersaing Less than; 215%. Full f kidtfdes.wateria.f removrdj� 038 11.5' Pipe -Less than 25V. Full - I [ LF �$ �2.75 039 18" Pipe -Le-qs than 25% F Lill LF 2.75 040 24' Pipe -Less tha n 25% Full LF 3.85 041, 307, Pipe -Lm than 25%, Full 143 IF 4_50 643-50 042 36" Rpe -Less than 25% Full LF 5.00 043 42" Rpe Aem than 25% Full LF 5.50 044 48" Pipe -Less than 25% Full LF 6�75 045 60' Pipe -Less than 2SYc Full LF 11.50 D46 66" Pipe -Less than 251Y. Full LF 13.25 CK47 72" Pipe -Less than 25% Full LF 17.100 Starinflne deaning. Greater than 50% Full Indudes material removall 048 15" Pipe -Greater than 50% Full :LF 4.00 049 IV Pipe -Greater than 50% Full LF 4.00 050 24" Pipe -Greater than 50% Full LF 4.50 051 30' Rpe-Greai;r than 50% Full LF 6.75 052 36' Vipe -Greater than 50% Full LF 7.75 053 42" Mpe -Greater than 50% Full LF B-85 054 48" Pipe -Greater than 50% Full LF 11.00 055 54' Pipe- Greater than 50Y* Full LF 17.00 056 6U" Pipe -Greater than 501Y. Full i.F 22.00 D57: 66" Pipe -Greater than 50% Full 27.50 058_ 172' Pipe -Greater than 50% Full Paving Strifrtures 059 Iflowable fill (GADOTSec.tfan 600) cy 175.00 Mhcif_laneous- Items AlUnclasive 060 Seeding SY 2.25 061, Temp Seeding SY 1.7.5 062 Sodding Sy 6.00 063 Topsoil CY 30.00 D64 Sanding SY 6-00 muich sy 3-00 Debris Removal Loads 400.00 .067 Traffic Control Major EA 3,OOG.00 068 Traffic.Control Minor EA 575.00 069 Stone Rip Rap Type 130" SY 55.00 070 IStane Rip Rap. Type fit 18" sy 45M 071 Silt Fence Type A LF 3.00 072 Silt Fenice Type C LF 4M 073 CITange Barrier Fencing LF 2.25 D74 Hay Baler, EA 7-25 075 Stone Grounted Rip Rap If' installed SY 55.00 076 Perma nent Soif RE�Inforrcement Mat SY, 5.00 077 Cla5sified ",tone #57, Crusher Pun, GAB CY 33,00 Total $19,838.75 EXHIBIT "C" BONDS EXHIBIT "D" (RESERVED] EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA COUNTY OF Dekalb 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: 47111 eVerify Number July 2, 2007 Date of Authorization Layne Inliner, LLC Name of Contractor Hi6jzrove Club Drive Stormwater System Improvements Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is e iLnd correct. Executed on � , , 201L inTuckegcity), GA. state) Sigdatu# iff Authorized Officer or Agent Carl C. Smith, Branch Manager Printed Name and Title of Authorized Officer or Agent ST)BSCRIBED AND SWORN BEFORE ME ON TMS THE t 1 i DAY Oy) C NOT [NOTARY My Commission Expires: t- - 1 . 1 ) C? 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 Layne Inliner, LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Click here to enter text. Name of Subcontractor Highgrove Club Drive Stortuwater System Improvements Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF :201_, NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "G" [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 Click here to enter text. or any of its subcontractors in connection with the construction of the Click here to enter text, 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 Click here to enter text. 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 PAYMENT BOND CITY OF MILTON, GEORGIA Bond # 106472553 KNOW ALL MEN BY THESE PRESENTS THAT Layne Inliner, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 (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 nineteen thousand eight hundred thirty eight dollars and 75 cents ($19,838.75) 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, firn-ily 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 Highgrove Club Drive Stormwater System Improvements (hereinafter referred to as "the Project") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing work on the Project, In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the claim and shall remove any such lien by bond or otherwise as provided in the Contract. The parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. ]LN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals (if applicable) and caused this obligation to be signed by their duly authorized officers on this day of , 2016. [SIGNATURES ON THE FOLLOWING PAGE] Atte st: (? C c' }_ (signature) Ctm..�'Gt,R (print) Title. r Date: Andrea Cortes (print) Title: Attorney -In -Fact Date: March 31. 2016 CONTRACTOR ("Principal"): Layne Inliner, LLC By: (signature) (print) Title: � (SEAL) CONTRACTOR'S SURETY: Travelers Casualty and Surety Company of America By; (signature) William A. Kantlehner, III (print) Title: Attorney -In -Fact Countersigned by: Gary D. LIlklund March USA 3560 Lenox Road NE, Suite 2400 Atlanta, GA 30326 (ATTACH SURETY'S POWER OF ATTORNEY) (SEAL) PERFORMANCE BOND CITY OF MILTON, GEORGIA Bond # 106472553 KNOW ALL MEN BY THESE PRESENTS THAT Layne Inliner, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and Travelers Casualty and Surety Company of American, One Tower Square, Hartford, CT 06183(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 nineteen thousand eight hundred thirty eight dollars and 75 cents ($19,838.75), 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 Highgrove Club Drive Stormwater System Improvements ("the Project"). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which suffer b the City m Y reason incur, sustain or on of the failure or default on the part of the P ' performance of an Tzncipal in the Y and all of the teens, provisions and requirements Contract, including all modifications, an'end,ne of the and alterations thereto and an nts, changes, deletions, additions, y warranties or guarantees this obligation shall be void, required thereunder, then other Wise to reina' zn in full force and effect; In the event of a failure ofperfonnance of the shall include, but not be limited to, an Contract by the Principal, which y breach or default of the Contract: a• The Contractor's Surety shall commence performance of its obligation and undertakings under this bond no later th s an thirty (3 0) days after writfien notice from the City to the Contractor's b. Surety; and The means, method or procedure by which th undertakes to perforin its obligations e Contractor's Szzrety under this bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice additions, changes and advance of any and all modifications payments or deferred , omissions, agrees that the obligations undertaken b payments in or about the Contract, and reason of any y this bond shall not be ured in npaisuch modifications, omissions, additions, any manner by paym deferred ons, changes, and advance ents. The Parties payments oz - brought within the time allowed further expressly agree that any action on this bond maybe b y Georgia lav, for suit 012 contracts under seal. IN WITNESS WHEREOF, the Principal an pal their col d Contractor's Surety have hereunto affixed porate seals authorized officers (if applicable) and caused this obligati or attoz�le on to be signed b Ys -in -fact. Y their duly Attest: CZ (signature) t (print) Title,(;i� Date:_ le ttest: IIA&a (signature) Andrea Cortes (print) Title: Attorney -In -Fact Date: March 31, 2016 CONTRACTOR ("Principal"): Layne Inliner, LLC (signature) (print) Title: CONTRACTOR'S SURETY: (SEAL) Travelers Casualty and Surety Company of America By: (signature) William A. Kantlehner, III (print) Title: Attorney -In -Fact _ (SEAL) Countersigned by: 7aA4k L f k&,,,d Gary D. and March USA 3560 Lenox Road NE, Suite 2400 Atlanta, GA 30326 (ATTACH SURETY'S POWER OF ATTORNEY) INVALID WITHOUT THE .A. POWER OF ATTORNEY TRAVELERSJ 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. 228860 Certificate No. 006458138 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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 are corporations duly organized under the laws of the State of Connecticut, 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 Deborah A. Yates, Steven M. Garrett, William A. Kantlehner 111, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Stuart P. Peterson, Andrea Cortes, Ryan P Mitchell, and Andrew G. Windhorst. Jr. of the City of Louisville , State of Kentucky , 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. Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2016 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 14th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company c�\•..F1RE 6�Wy ;y11 �N G {,.:p+" 1N �q JP`YY A,,,S �r e PoRgiED fr y_ ' m j V��FV�RA t.�m CO.y��FPORATF'' mpg `9i "� C$ '3F\I a'v % n � �o tHCQ4 � > •. � Naarww, watraRotb "`hn °qy�*S y r 1959 �* �N °;SE ALiO�S int os' W CONN. oi��CONN jr 7896 t State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 14th day of January 2016 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. er In Witness Whereof, I hereunto set my hand and official seal.G, My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. Marie C. Tctreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD® CERTIFICATE OF LIABILITY INSURANCE `✓� ATE(MM/DD/YYYY) 03/30/2016 r 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 MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 818 Town & Country Blvd, Suite 500 Houston, TX 77024-4549 CONTACT NAME: A/� No Ext 713-877-8975 'AX No): 713-877-8974 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # POLICY EFF MM/DD/YYYY INSURER A :Zurich American Insurance Company 16535 LIMITS INSURED Layne Inliner, LLC INSURER B INSURER C: 2090 Tucker Industrial Road, Suite Al Tucker, GA 30084 INSURER D: 08/01/2015 INSURER E: EACH OCCURRENCE $ 2,000,000 INSURER F: F-71AG CLAIMS -MADE X OCCUR L.Vvr_IwuCa CERT 1hIGA1E NUMBER:OPT9YLN3 dRl/ICZ!nK1 KIIIIU101=0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO 5817438-02 08/01/2015 08/01/2016 EACH OCCURRENCE $ 2,000,000 F-71AG CLAIMS -MADE X OCCUR N 1,000,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY PRO � JECT LOC rl PRODUCTS $ 5,000,000 OTHER: A AUTOMOBILE LIABILITY BAP 5817437-02 08/01/2015 08/01/2016 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ t ) AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION WC 5817439-03 (AOS) 08/01/2015 08/01/2016 )( PER OTH- AND EMPLOYERS' LIABILITY Y / N WC 5817440-03 (WI & MA) I ER E.L. EACH ACCIDENT $ 5,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ 5,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS below $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder, its officials, employees, agents and volunteers are included as an Additional Insured on the General Liability and Automobile Liability policies as required by written contract and granted Waiver of Subrogation on the General Liability, Automobile Liability and Workers Compensation policies as required by written contract subject to policy terms, conditions and exclusions. Primary & Non -Contributory wording is included on the General Liability and Automobile Liability policies, subject to policy terms, conditions and exclusions. In the event of cancellation by the insurance company(ies) the General Liability and Automobile Liability policies have been endorsed to provide (30) days Notice of Cancellation (except for non-payment) to the certificate holder shown below. CER I it-IGAI t HOLDtR rANrF1 I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton AUTHORIZED REPRESENTATIVE 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 / rage i of z v'lyu8-ZU14 AGURD CORPORATION. All rights reserved. Ar -non 9c ioneerna% 'rk„ Amon --A I...... - ..._;_�... A .... [_ ..c Arnon AGENCY CUSTOMER ID: LOC #: ACC>REP ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. INSURED Layne Inliner, LLC POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 03/30/2016 rau 1zffL Acre" THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Contractor's Professional Liability Insurer: Catlin Specialty Insurance Company Policy No.: CPL689473-0816 Effective: 8/1/2015-8/1/2016 Limits: $10,000,000 Per Claim $10,000,000 Aggregate ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rinhts rasarverl The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: QPT9YLN3 ACORN® CERTIFICATE OF LIABILITY INSURANCE `../ FDATE(MM/DD/YYYY) 03/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 818 Town & Country Blvd, Suite 500 Houston, TX 77024-4549 CONTACT NAME: HNo Ext : 713-877-8975 FAX No : 713-877-8974 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # POLICY EFF MMIDDIYYYY INSURER A :Zurich American Insurance Company 16535 LIMITS INSURED Layne Inliner, LLC INSURER B: INSURER C : 2090 Tucker Industrial Road, Suite Al Tucker, GA 30084 INSURER D: 08/01/2015 INSURER E: EACH OCCURRENCE $ 2,000,000 INSURER F: CLAIMS -MADE FIOCCUR t.Vvcr11kUr0 CERTIFICATE NUIMBFR-OPT9YI N3 aGvlcintl Ar1111BOCO• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY MM/DDI'YLICY YYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO 5817438-02 08/01/2015 08/01/2016 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE FIOCCUR AMAT REN PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY ❑ PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 5,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP 5817437-02 08/01/2015 08/01/2016COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIABOCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION WC 5817439-03 (AOS) 08/01/2015 08/01/2016X PER OTH- I AND EMPLOYERS' LIABILITY Y / N WC 5817440-03 (WI & MA) STATUTE ER E.L. EACH ACCIDENT $ 5,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ 5,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS below $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder, its officials, employees, agents and volunteers are included as an Additional Insured on the General Liability and Automobile Liability as required policies by written contract and granted Waiver of Subrogation on the General Liability, Automobile Liability and Workers Compensation policies as required by written contract subject to policy terms, conditions and exclusions. Primary & Non -Contributory wording is included on the General Liability and Automobile Liability policies, subject to policy terms, conditions and exclusions. In the event of cancellation by the insurance company(ies) the General Liability and Automobile Liability policies have been endorsed to provide (30) days Notice of Cancellation (except for non-payment) to the certificate holder shown below. CANCtLLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Milton AUTHORIZED REPRESENTATIVE 130000 Deerfield Parkway, Suite 107E Milton, GA 30004 / rage 1 or z v 19i58-ZU14 ACORD CORPORATION. All rights reserved. Ar`n Orl Or /Or14AM41 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 PRODUCER INSURED MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. Layne Inliner, LLC POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 03/30/2016 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Contractor's Professional Liability Insurer: Catlin Specialty Insurance Company Policy No.: CPL689473-0816 Effective: 8/1/2015-8/1/2016 Limits: $10,000,000 Per Claim $10,000,000 Aggregate ACORD 101 (2008101) © 2008 ACORD CORPORATION. All riahts reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: QPT9YLN3 M HOi ME OF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 201 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Excellere Construction, LLC for the Cogburn Road Sidewalk Project. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ,/'YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY XAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: Ou/I REMARKS In V Your * * * PHONE: 678.242.25001 FAX: 678.242.2499 {Gfderi� '�.,; ' info�clfyofmiHonga.ua l w .cflyofmlllgc.us wa�� Community 13000 Deerfield Parkway. Suite 107 1 Mil}on GA 30004 e To: Honorable Mayor and City Council Members From: James L. Seeba, PE Carter Lucas, PE – Public Works Director Date: Submitted on April 8, 2016 for the April 25, 2016 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Excellere Construction, LLC for the Cogburn Road Sidewalk Project. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This contract is to provide construction services for sidewalk, trail, drainage, and road improvements along the west side of Cogburn Road from the City Limit boundary (Hopewell Plantation) to the bridge over Cooper Sandy Creek at St. Francis School. In accordance with the City of Milton Purchasing Policy an ITB was issued and advertised to obtain these price quotes. Table 1. Bid Summary Firm Bid Excellere Construction $449,000.00 Urey Construction $523,150.00 Glosson Construction $738,372.00 Staff is recommending approval of the Construction Services Agreement with Excellere Construction, LLC in the amount of $449,000.00. Funding and Fiscal Impact: Funding for this project is available in the Public Works Capital account for sidewalk/trail construction and funding provided through a MARTA grant. Page 2 of 2 Alternatives: Delay the project to a future date, possibly losing the MARTA grant funding. Legal Review: Jarrard & Davis (4/6/2016) Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): Construction Services Agreement t Cogburn Road Sidewalks (16-PW06) This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITE' OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and Excellere Construction, LLC, a Georgia Limited Liability Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WHEREAS.the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for bids, dated March 24, 2016 attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 16-PW06 the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successfirl bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and. regulations that may in any manner 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, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated March 24, 2016, attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as "Exhibits D.1 and D.211; E. Non -collusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as `Exhibits G.1 and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit X% K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit V; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. Notice of Award, attached hereto as "Exhibit N"; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 2 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: Construction of sidewalks, trails, and drainage structures along the west side of Cogburn Road from the City limits on the south, northward to St. Francis School (the "Project"). A third -party Engineer (as identified below) has been retained related to this Project. B. Engineer. (i) Engineer. The Project has been designed by Moreland-Altobelli, Inc. (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: City of Milton Public Works Department. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and 'incorporated herein by reference. The Work 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 shown on the drawings or 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. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. 3 C. Plans: Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings Product Data and Sam Ip es Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such M u deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before August 31, 2016 (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. 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. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically 5 acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) 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 Three Hundred and 00/100 Dollars $300.00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of N the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section S. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $449,000.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a Lump Sum Contract Price, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or 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 written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Chante Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and 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 7 changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. 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. D. Authority to Execute Change Order. 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 Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code-, Conflict of Interest (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. R1 (ii) 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 - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. 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 this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business 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 failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. 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 inentering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with 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. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all 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 applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). 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 E standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, 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 Contract Administrator and 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. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the 10 Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract 11 Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Ins ections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform 12 the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. 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 Work 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, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the Cita. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in. which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as 13 appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Un. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. Luigi Hernandez shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and 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. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. 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. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. 14 O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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 an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. 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 as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 15 (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 $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 to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from 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 $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will he provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: Contractor shall provide a Builder's Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 16 100% of the Maximum Contract Price, written on a Builder's Risk "All Risk," or its equivalent. The policy shall provide, or be endorsed to provide, as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency." The insurance coverage shall include extended coverage, and providing coverage for transit, with sub - limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liabili and (if Uplicable) Umbrella Liability Coverage. (i) additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds 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 Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- 17 elf 17 insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. 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 limits of insurance provided. (v) Defense Costs/Cross Liability. 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) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemncation Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. 18 (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. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. 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 certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. 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 prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured 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, and have an effective date which is on or prior to the Effective Date. (9) Pro,agress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits D.1 and D.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as 19 amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, 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 GA and G.2" (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 its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Sar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G. I", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor 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 G.2", 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 sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a IM 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 by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 1?1"INI( A H NiA11i 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. T. Records, Reports and Audits. (1) Records: 21 {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 applicable law and 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 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 claimed or anticipated to be incurred in the performance of this Agreement 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 Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (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. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. ConfidentigUly. 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, contractors, 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. Contractor shall exercise 22 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 hirther 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. V. 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 or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. All of the individuals identified in "Exhibit J", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team., as listed in "Exhibit J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. X. 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. Y. Ownership- of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, 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 Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon 23 completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to 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. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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 paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matt Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that 24 the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 1 year(s) (the "Warranty Period") from the date of Final Completion (as defined in "Exhibit I", attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for _N/A year(s) (the "Maintenance Period") from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. 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. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, 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. 25 C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. 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. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the .Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and 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, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. 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 converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City 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. H. 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. City's Rights, Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. 27 In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Compete 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. in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, 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,• Severability. 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 the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have 28 executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matt Fallstrom for the City and Luigi Hernandez for the Contractor. (2) Oficial Notices. All other notices, requests, demands, 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 calendar 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, or at a substitute address previously furnished to the other Party 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: VY\9,v e. -1 -d -r, (0, G. 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 29 waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. 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. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. 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. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. 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. 30 N. 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. O. Aareement 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. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 31 CONTRACTO . Excellere Construction, LLC By: Print Name: Lu—% q + V n ayioLc Its: [CIRCLE ONE] President/Vice President (Corporation) QLP-aership/Limited Partnership) �mbe— r snag -re�LLC� Owner (Sole Proprietorship/Individual) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] (required if corporation) Attest/Witness: 11� Print NameNowl� S Sr, A' e-4 4 Its: StOLH--- Evia ► n&ky ((Assistant) Corporate Secretary if corporation) 32 "EXHIBIT A" Invitation to BID HOME OF' MILTOi ETTAKISIKD2W, CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 16 -PW -06 Cogburn Road Sidewalks Due Date and Time: City of Milton March 24, 2016 Number of Pages: 63 Local Time: 2:00pm 13000 Deerfield Pkwy ISSUING DEPARTMENT INFORMATION Issue Date: March 2, 2016 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 16 -PW -06 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Special Instructions: Suite 107F Deadline for Written Questions Milton, Ga. 30004 March 24, 2016, 5 pm Email questions to Honor Motes at honor. mote a i o milton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 1 I Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 10 Bid Bond 12 Qualifications Signature and Certification 15 Corporate Certificate 15 List of Subcontractors 16 Contractor Affidavit and Agreement (eVerify) 17 Bid Submittal Form 18 Disclosure Form 21 General Conditions 22 EPD Air Quality Rules 27 Project Specifications 28 Schedule of Events 34 Sample Contract Agreement 35 2 1 P a g e NlIl-1ONit DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials 3 1 P a g e M=k CITY OF MILTON Invitation to Bid 16 -PW -06 The City of Milton is accepting sealed bids from qualified firms for the Cogburn Road Sidewalks for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on March 24, 2016. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (16 -PW -06) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor. motes*ityofmiltonga.us. Deadline for questions is March 15, 2016 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about March 18, 2016. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (16 -PW -06) and bid name (Cogburn Road Sidewalks) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is sixty (60) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 4 1 P a g e BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 10-11 3 Bid Bond (3 pages) 12-13-14 4 Qualification Signature and Certification 15 5 List of Subcontractors 16 6 Contractor Affidavit and Agreement (eVerify) 17 7 Bid Submittal Form (3 pages) 18-19-20 8 Disclosure Form 21 9 Qualification sheet listing projects and references as stipulated in this document. Use your own form INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary supplier of the Cogburn Road Sidewalks, 16 -PW -06. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. S�Page AI T INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (section K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the _ 6 1 P a g e 1I l_I0 1t City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, 7 1 P a g e mirroN„r including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their 8 1 P a g e Ml l _F0 N* proposal. All materials submitted in response to this ITB become the property of the City of Milton. Nl II Lam)` [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 16 -PW -06 Cogburn Road Sidewalks The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within sixty (60) calendar days from the Notice to Proceed. If weather 101Page AII: =TON affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of , 20 Bidder Bidder Mailing Address: Signature: Print Name: Title: Company Name (Seal) 11 IPage M I E 1-0) N [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. 1:310 IM441 Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: Note: (1) Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: Above addresses are to be used for giving any notice required by the terms of this Bid Bond. 121Page M1t`F ) (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if. 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 14 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10- 20 et seq. have not been violated and will not be violated in any respect. Authorized Signature. Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE I, , named as Contractor in the foregoing bid; that certify that I am the Secretary of the Corporation who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of (Seal) 15 20 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: 16 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Cogburn Road Sidewalks Name of Project City of Milton Name of Public Employer 17 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201 . NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) Bid Submittal Form Cogburn Road Sidewalks The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of. Total Base Bid Price (Lump Sum) $ Print Dollar Amount 18 1 P a g e SUPPLEMENTAL UNIT PRICE SCHEDULE Pricing provided on this supplemental sheet is to be used during the contract for additions or subtractions from the lump sum contract amount as directed by the city. Quantities shown on the plan sheets are for informational purposes only. Contractor is to provide lump sum bid to complete the project as indicated in the contract documents. ITEM ITEM DESCRIPTION UNITSUNIT :NUMBER PRICE 310-1101 Gr Aggr Base Crs, Incl Matl 8 in. TN Recycled Asphalt Concrete 9.5 402-3103 MM Superpave GP 2 Only TN Including Bituminous Material and H -Lime 1.5 in. Recycled Asphalt Concrete 25 402-4510 MM Superpave GP 2 Only TN Including Bituminous Material and H -Lime 6 in. 432-5010 Mill Asphalt Conc Pvmt, Variable SY Depth 441-0104 5' Concrete Sidewalk Class A SY 441-6012 Curb & Gutter Type 2 LF 441 -Ramp Concrete 9031 Ramps EA 500-9999 Class B Concrete CY 653-0120 Thermoplastic Pavement Marking EA Arrow, Type 2 653-1704 Thermoplastic Solid Traffic LF Stripe, 24" White 653-2501 Thermoplastic Solid Stripe, 5" LM White 653-2502 Thermoplastic Solid Stripe, 5" LM Yellow 653-4501 Skip Traf Stripe, 5" White LF 611-3000 Reconstruct Catch Basin type 1 EA 653-6006 Thermoplastic Traf Striping SY Yellow 653-6006 Thermoplastic Traf Striping SY White 700-9300 Sod SY ���tiL1C�N 191Page In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE M I I 1 ON', 20 1 P a g e [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. AmountNalue 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: �1II:rONIt 21 jPage 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 10 1. 14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF THE WORK "The City will not be responsible for Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF 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, ��11(:FTAI 221Page 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 231Page 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 �t_t 11 f_0N' 24 1 P a g e 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 �ti i I ► i c »;'fir 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 251Page 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." �1ILIthU' 261Page ***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 F() Nit 271Page Project Specifications Cogburn Road Sidewalks SCOPE OF WORK The City of Milton Public Works Department, (City), requests that interested parties submit formal sealed bids/proposals for the COGBURN ROAD SIDEWALKS project. The scope of this project generally consists of the addition/replacement of sidewalks along the north and west sides of Cogburn Road, new curb/gutter, drainage structures and pipes, and shoulder improvements. All work will be conducted within City right-of-way, or Public property, unless explicitly directed by the City Public Works Director. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. Additionally, the contractor shall submit with the bid a qualification sheet listing at least three similar projects for a local government, county or state agency (with references) upon which the contractor has served in a lead or prominent role. At a minimum, the qualifications list should include the name of the jurisdiction for which the work was performed, a brief description of the work including year when work was completed, reference name and contact information. The project location is from the intersection of Hopewell Plantation Drive and Cogburn Road extending northward to the intersection of Windward Parkway and continuing along Cogburn Road to the general vicinity of the culvert at Cooper Sandy Creek. �1I1:1.01A1 281Pagc Location Map ' Alpharetta North park ■ Lunetta Ln Lowe's home rb ,n Ridge Rd Cp Improvement e d f 2 n Kroger k 6 Deerlretd p� �1 Northpark Estate G r: Webb Rd I ry's Electronics e 9ee0te�d pkv Walrnart Supercenter e Chick-fil-A ro ly • r9i �o Morris Rd Costco Wholesale • As Go glee y� ulmsk291Page GENERAL CONDITIONS 1. All work will be conducted within City owned right-of-way, or other public property. 2. No work on private property shall be conducted unless explicitly directed by the City Public Works Director. 3. Contractor responsible for coordinating all work with affected property owners. Access to all properties shall be provided at all time. 4. Contractor responsible for coordinating all work with affected utility owners. 5. The contractor shall comply with the plan sheets and all GDOT construction standards and details. The project plan sheets may be downloaded at: https: //www. cityofmiltonga. us/lib/file/manager/Public%20Works/Cogburn%20Rd%20Ma in -South 12-22-15.pdf https: //www. cityofmiltonga. us/lib/file/manager/Public%20WorksICogburn %2ORdYo2OMa in -North_ 12-22-15. pdf 6. Where contract documents reference "The Department" or "GA Department of Transportation" or "The Engineer", it shall also mean "City of Milton." 7. All traffic control measures and detour signage are the responsibility of the contractor. Contractor shall coordinate all work with the City of Milton. 8. Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted herein. PROSECUTION AND PROGRESS Construction shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. The time of completion for the project is sixty days (60) calendar days from the date of the Notice to Proceed. If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. Construction will be allowed on Saturday from 9:00 am to 6:00 pm. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 41h, Labor Day, etc.). Lane closures will only be permitted between the hours of 9:00am and 3:00pm, Monday -Friday, unless otherwise approved by the City. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. '� 301Page 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. The contractor shall obtain a permit from the City for this project. MATERIALS Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. DEVIATION OF QUANTITIES The quantities given are estimates only and actual quantities may vary from those indicated. This project shall be bid as a lump sum contract and it is the responsibility of the contractor to inspect the project site prior to submitting their bid to ensure final quantities. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. EROSION CONTROL It is the responsibility of the contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. Erosion/Sediment Control measures shall be installed and maintained by the contractor throughout the duration of the project. The contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. UTILITIES There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Call "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. TEMPORARY TRAFFIC CONTROL The contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes 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. 1�111101N�l 31 JPage The contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the contractor is to provide power brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. SAFETY Beginning with mobilization and ending with acceptance of work, the contractor shall be responsible for providing a clean and safe work environment at the project site. The contractor 111f_IO1\1* 321Page shall comply with all OSHA regulations as they pertain to this project. QC/QA TESTING OF MATERIALS The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. Areas where no curb exists are not to be milled except as may be directed on the plans or to provide adequate tie-in with existing pavement. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. Areas where curb and gutter exists shall be edge milled to a distance of 6 feet from the edge of the gutter to provide a level transition from the final paved surface to the top of the gutter pan. Depth of the edge milling at the gutter shall be equal to the depth of the final asphalt topping coarse. A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be 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 ;�iI!10INNI 331Page inspection. The Contractor shall be responsible to repair any damage to existing curbs, aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. The contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. BITUMINOUS TACK COAT This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of the project. Bituminous tack is not measured as a separate pay item. AC -20 or AC -30 shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .03 to .06 gallons per square yard. i!i►1Ic)i�'� 341Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: 3/2/2016 3/15/2016 @ 5:00 PM *Submit via E -Mail to Honor Motes of Purchasing Office City of Milton Addendum (on or about) 3/18/2016 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due 3/24/2016 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Tentative Contract Award (On/about) Notice to Proceed Issued (On/about) 4/12/2016 5/10/2016 IIIIONN, 351Page Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Construction Agreement (the "Agreement') is made and entered into this day of ,20 , by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the "City'), and XXXXXX a with its principal place of business located at XXXXXXX (hereinafter referred to as the "Contractor') (collectively referred to herein as the "Parties'). WITNESSETH: WHEREAS, the City issued an Invitation to Bid, datedXXXXXXXXXXXX for services generally described as.iXXXXXX,• and WHEREAS, the Cityfinds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid in response to the Invitation to Bid for XXXXXXXXXXXXX the City has selected Contractor as the successful proposer, and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit "A" (including the Project Specifications); C. Bid Documents from Contractor dated attached hereto as Exhibit "B"; D. Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as Exhibit "C "; E. Non -collusion Affidavit of Prime Proposer, attached hereto as Exhibit "D "; �ti�1111ON% 36 1 Page F. Final Affidavit, attached hereto as Exhibit "E"; G. Alien Employment affidavits attached hereto as Exhibits "F" and "G H. SAVE affidavit attached hereto as Exhibit "H"; J. Key Personnel, attached hereto as Exhibit "J"; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Proiect Description The Project is defined generally as follows: Section 3. The Work The Work is specified and indicated in the Contract Documents (the 'Work'). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work andfor achieving Final Completion of Work. Work shall commence within ten (10) days of the City's issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within XXXX days from the date of the City's issuance of a written Notice To Proceed. Section S. Contractor's Compensation: Time and Method ofPayment The total amount paid under this Agreement shall not, in any case, exceed , except as outlined in Section 6 below. The compensation for Workperformed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O. C. G.A. § 44-14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10116) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be T,I r(5V371Page determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pickup payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third parry claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Changes A. "Change order" means a written modification of the Contract Documents, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change directives shall speck the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms ofthis Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $10, 000. 00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor 11IIION't 381Page Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City's requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or fisrnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the full cost of correcting the Contractor's negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor's duties shall not be diminished by any approval by the City of Work completed or produced,- nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course ofperforming the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor's opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibilityfor adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. ��-1 I I ro1\1�1 39 1 Page F. Contractor's Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. H. Assiynment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. Responsibility of Contractor and Indemni ication of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties') from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney'sfees and costs of defense (hereinafter collectively "Liabilities'), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work isperformed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations 1I("1Oti� 401Page governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits oflnsurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2, 000, 000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1, 000, 000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained tllION11 41 JPage by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a `pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the Cityfor General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights ofsubrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coveryges: (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. (S) Acceptabilit!o Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests'rating of no less than A: VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) Cit! as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. tit ! 11(� 4h 42 1 P a g e L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit "C" and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (1) E- Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on City provided forms, attached hereto as Exhibits "F" and "G" (affidavits regarding compliance with the E -Verb program to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verb') program, of the social security numbers, or other identifying information now or hereafter accepted by the E- Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "F", and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontraetor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "G ", and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit "G" to the City within five (S) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the Agreement. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. ontractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02. Contractor's compliance with the requirements of O. C. G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit, attached hereto as Exhibit "F" and incorporated herein by this reference. ti111IC)N� 431Page Contractor agrees that the employee number category designated below is applicable to the Contractor. 500 or more employees 100 or more employees Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s ) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O. C. G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O. C. G.A. § 16-10-71), a form of which is attached hereto as Exhibit "H", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O. C. G.A. § 50-36-1). N. Records. Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such auditfindings 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) Forts 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 anytime during normal business hours and as often as the City may deem necessary, there shall be made available to the Cityfor examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City N'r 44 1 P a g e to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confzdentialit Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Record's Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O. C. G.A. § 50-18-72(a)(34) related thereto. Q. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project ("Licenses'), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with such disposal of hazardous waste. All other hazardous waste material shall be reported to the Cityfor coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel ll of the individuals identified in Exhibit "J" are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the project team, as listed in Exhibit "J", without �ti 111_"10 Nit 45 1 Page written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third partyfor the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms ofperformance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("Materials') shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face -to face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right ofEntry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City's Representative XXXXXX shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination i`�lI I R))tIN 461Page A. Termination for Convenience: i. The City may terminate this Agreement for convenience at anytime upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third parties unless otherwise instructed by the City. iii. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor's receipt of City's notice of termination. The City shall have no further liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall the City's total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without fi[rther notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement„ the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and(2)promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the �-1II-IOIN 471Page subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity ofProvisions. Should any part of this Agreementfor any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (Z) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. H. Force Maieure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood, (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amoun time equal to the period of delay caused by such acts. Any additional reasonable costs int ed bContractor as a result of such extension may be added to the Contract Price subject t the ms Section 6 and approval of a Change K1(L 1ON* 481Page Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S. C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Ri _ hts. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: By: Attest: XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of- Witness fWitness Notary Public [NOTARY SEAL] My Commission Expires: (signature) (print) [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 11II i�ONit 491Page Approved as to form: City Attorney CITY OF MILTON [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of. Witness Notary Public [NOTARY SEAL] My Commission Expires: KII1101\11 501Page EXHIBIT "A" [Insert Invitation to Bid] EXHIBIT "B" [Insert Bid Documents] tiiIIION's 51 IPage EXHIBIT "C" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT CONTRACTOR, hereinafter referred to as the `Principal'), and (as (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum of Dollars (� ), lawful money of the United States ofAmerica, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of 1 20_ which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as (hereinafter referred to as "the PROJECT'). NOW THEREFORE, the conditions of this obligation are as follows: That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under `in -1 52 1 P a g e this Bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, this day of ,20 CONTRACTOR ("Principal') Title: Attest: (signature) [AFFIX CORPORATE SEAL] Title: Date: (print) [SIGNATURES CONTINUE ON FOLLOWING PAGE] (signature) (print) 11 11 ro,AN, 53 1 P a g e Attest: (signature) (print) Title: Date: CONTRACTOR'S SURETY. WE Title: (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) (SEAL) 541Page PAYMENTBOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal'), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of any "Claimant, " as hereinafter defined, in the sum Of Dollars ($ ), lawful money of the United States ofAmerica, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated . which is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'), for the construction of a project known as , (hereinafter referred to as "the PROJECT') NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entityfurnishing 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 � 1I(EN}Nk 551Page Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of ,20 Attest: Title: Date: Attest: Title: Date: CONTRACTOR: ME Title: (signature) (printed) CONTRACTOR SURETY: By: Title: (signature) (printed) (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (printed) (SEAL) (signature) (printed) (SEAL) fill fO\ 561Page STATE OF GEORGIA City of Milton EXHIBIT "D" NONCOLLUSIONAFFIDAVIT OF PRIME PROPOSER being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of XXXXKVXXXX (the "Proposer') that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature ofAuthorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 Notary Public My Commission Expires Date (SEAL) `11I_It) l� 571Page EXHIBIT "E" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA 1 , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of 20 and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of 20 who under oath deposes and says that he is of the firm of XXX,XXXXXX. 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 �K11 1IUN't 581Page EXHIBIT "F" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O. C. G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O. C. G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O. C. G.A. § 13-10-91(b), a form of which is attached hereto as Exhibit "G ". Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 _ in (city), (state). Signature ofAuthorized Officer or Agent Printed Name and Title ofAuthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201—. Notary Public [NOTARY SEAL] My Commission Expires: t�11 r(J11\591Page EXHIBIT "G" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O. C. G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance ofservices under a contract with (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O. C. G.A. § 13- 10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O. C. G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), (state). Signature ofAuthorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF '201 Notary Public [NOTARY SEAL] My Commission Expires: 601Page EXHIBIT "H" SA TSE Affidavit By executing this affidavit under oath, and as an applicant for a city contract, apublic benefit, as referenced in O.C.G.A. § 50-36-1, front the City of Milton, the undersigned applicant, acting on behalf of verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided a copy of at least one secure and verifiable document to the City, as required by O. C. G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O. C. G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city), (state). Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _ DAY OF , 20 NOTARY PUBLIC My Commission Expires: A1IIT_C)1\1__,. 61 JPage EXHIBIT `7" [RESERVED] EXHIBIT "J" KEY PERSONNEL [Insert Key Personnel] END SAMPLE CONTJACT � 1II 10Nit 62 1 Page Contactor's Bid [BIDDERS MUST RETURN! THIS SHEET WITH BID RESPONSE, DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relaf ions 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 Excellere construction, LLC 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 post two (2) years.) —NL A List the dollar amount/volue 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: -- NI A ITB t6-PW06 �,_ [BIDDERS MUST RETURN THESE SHEETS WITH BiD RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MiLTON, GEORGIA 300D4 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, ucfionGeorgt and all vide the necessary machinery, tools, apparatus, other means of cons and labor specified in the Contract Documents oras necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 16-PW06 Cogburn Road Sidewalks The Bidder has carefully examined and fully understands the Confracf, Specifications, and other documents hereto attached, has made a personal examination of the Site o the proposed Work, has satisfied himself as to the actual conditions and requirements the Work, and herebyp g f 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 certified suppliers only, p Ment of Transportation 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 famish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed materials provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of th Contract, shall be deemed to have been included in the prices bid for the various items e ems 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 ITB 16-PWO6 ,!:t to Proceed and to complete all Work within sixty (60) calendar days from the Notice t Proceed. If weather affects the required completion schedule, The City and selected Bidder will negofiate a new completion date. o Attached hereto is d Bid Bond in the amount of (e Percent of Amounf Bid). � �— '�FivDollars If this bid shall be accepted by the City of Milton and the undersigned shat execute a satisfactory contract in the form of said proposed Contract, and fall Performance and Payment Bonds, or furnish satisfactory age of the insurance required within ten days from the date of Notice of Aroof Of wad of the Contract, then the City of Milton may, at itsoption, determine that the undersigned abandoned the Contract and there upon fhis bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 1 Date viewed March 21, 2016 Bidder further declares that the full name and resident address of Bidder's Principal is follows: p as Signed, sealed, and dated this —day of I-A�rq z tri –--------�20 ..._., G* ell- tl e r c 000,1 r v c- t' a-7 L L -C Bidder Bidder Company (Sea() Mailing Address: p y Name 3442 orange Wood Court GpNT�'f! • :•_••••, C'1► 4�V • f'!'O Marietta, GA 30062 w ®� Signature: Print Name: _ Luigi Hernandez Title: president ITB 16-PW06 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 Upon receipt of documents,ITB 16.PW06 Please email, fax or mail thispa'qe to: CRY of Milton Attn: Honor Motes, Purchasing office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242,2499 EMCIII: I hereby acknowledge receipt of documents Pertaining to the above referenced ITS. COMPANY NAME: G c: L CONTACT PERSON: N ADDRESS: CITY: STATE: zip: PHONE: FAX: EMAIL ADDRESS: 0- P Signature ADDENDUM #1 Date ITB 16-PVV06 Addendum #1 Pagel oF2 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE1 (3 PAGES) BILI BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address); SURETY (Name and Address of Principal Place of Business): The Ohio Casualty Insurance COnlnanv 9.3 �� _a_ . OWNER {hereinafter referred to as the "Cl —i city,, (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 130 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: March 24, 2016 PROJECT (Brief Description Including Location}: Cogbum Road Sidewalks - 16-pwnr, BOND BOND NUMBER: NA DATE (Not later that Bid due date): March 24, 2016 PENAL SUM: Five Percent „f t (Words) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby t City, subject to the terms printed below or on the reverse side hereof, do each ca this Bid Bond to be duly hereby to the representative, its behalf by its authorized officer, agent or use ��...... o.;Q('C� BIDDER Y®® s O SEAL : z SURETY Excellere Construction �t Bidder's By: Sign e and Title: Attest; � — Signature and Title: The Ohio Casualty Insurance Company (Sea)) Surety's Nam and Corp p e Sea By: Signature an itl , Gary SpuAer, Attorney in Fact (Attach Po er of Attorney) Attest: Signature and Title: Marie M.H rtiey, Witness Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable, 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2• Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any Performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shalt not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6- No suitor 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 suitor action under this Bond shall be commenced only in a court of competenfjurisdiction 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 ITB 16-PW06 Personal delivery, commercial courier or by united States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. N. 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. THIS POWER OF ATTORNEY iS NOT VALiD UNLESS IT IS PRINTED ON RED BACKGROUND This Powerrsf Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein s American Fire and CasualtyCom fated. Company Liberty Mutual insurance CoCertificate No. rlaalsa The Ohio Casualty Insurance Company mpanyWest American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire $ Casually and Tha- EY the State ra New Hampshire, that liberty Mutual Insurance Company is a ce ro Casually Insurance Company are corporations dui is a corporation duly organized under the taws of the Slate of Indiana ane {herein collectively eai� theBd under the laws of the State of Massachusetts, and y organimericam zed under the taws of and appoint, Alan R_ Yates Bet J. Holmes: Brian 1t. Hu hes• Dana D. Ruffed e• Daniel Yates- Ga Sutter Karen A. MaWnard Kehereb Ne Company Marie-- —M Hartle ; Michaet L. An el; Michael S. Brlekner P. p, Yates, Yatesie Robert pursuant Rto e notds ihority herein set Earth, does hereby name, constitute all of the clty of Atlanta ---- state of GA y more than one named, its true and lawful al omey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its a ydaad aUtundereakines, bonds, be as binding upon the Companies as (f they have been duty signed by the president and attested by the secretary of the Cam anzances and other tes in�Ihetumvn in Y 9 pursuance of these presents and shat! IN WITNESS WHEREOF, this power ofAttomey has been subscribed by an authorized officer or official of the Co p Pr°perpersons. thereto this 75th day of October 2015 meanies and the corporate seats of the Companies have been affixed 24-ANo qtr ,yw. .G9. ilP�S.Vr �rw LR9 p,I INSUryq .1NSU �, American Fire and Casualty Company 7qjs s s = 1941 f The Ohio casualty Insurance Company y rsrz 7 , Liberty Mutual Insurance Com U7 p •Your ? �Fi K+nxs�"�d` a �'�r i. 2y pang m r* West erican Insurance Company c 2 * w STATE OF PENNSYLVANIA ss Ell- �y O COUNTY OF MONTGOMERY David M.41 ',—Y. ssistant Secretary ?+ On this 15th daycf October 2075 Gr Casualty Company, Life— before me personalty appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of American Fire and rty Mutual Insurance Company, The twin Casualty Insurance Company, and West American insurance Company, and that he, as such, being authorized Fie n cc execute the ieregoing instrumentMutual for the purposes therein contained b authorized officer. so IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed notary at seat at Plymouth e ta7g, Pennsylvania, on the day and year fast above wri tet $ �5P PqS�� COrr1MONWEALTH OF PENNSYLVANIA l flan. y,1 pq G Nolen ,seal E esa Paeteaa, No L)F rarer y Coo B s. unt 7ivp„ Montgomery County y' 1) 2 u�v mission Expires March 2y, 2017 Teresa Pastelta, Notary Pubac OtdAy �yg`%° Member, Pennsylvania AssodafiM or Nolades This Power ofAttomey is made and executed pursuant to and by authority of the follow 8 . N Compeny, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:pan ng y laws and Authorizations ofAmerican Foe and Casually Company, The Ohio Casualty Insurance ,O„ ARTICLE iV-OFFICERS -Section 12. Power ofAttomey. Any oificeror other ofliciaf of the Corporation authorized for that purpose in writing II; to such limitation as the Chairman or the President may prescribe, shall appoint such atlarnays4n-fact, as may be necessary to act fn behalf of the Corporation to make, execute, seat = PowersacknoOf alt and deliver as surety any and alt undertakings, bands, recognizanCes and other surety obligations. Such attorney (a sub et to the Chairman mils o s set fo hkn execute,sal y" powers of attorney, shall have tori pourer to bind the Corporation by their signature and execution of any such instruments executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. An respective A the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the Officer ori Officers granting attach thereto the seal of the Corporation. When so y power is authority granted to any representative or attorney-in-fact under ARTICLE t to - such Batton of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, g g Power or authority, and subject to sash timttations as the chairman or the president may prescribe, shall a seat, acknowledge and deliver as surety any and sit bind the bonds, their izances and other surety Obligations. Such attorneys in -fact subject � the limitations set forth in their ppoint such attomeys-in-€act, as maybe necessary to act in behalf of the Company to make, execute, respective Powers of attorney, shall have full power to hind the Co an b their si tore and execution of an such instruments and to attach thereto the seal of the Company. executed such instruments shall be as binding as if signed by the president and attested by the secretary. Y Certificate of Designation - The President of the Company, soli p Y When so fact at may be necessary to alit on behalf of the Company to make, execute, seal, ackn4wl�ge and deliver as Buret an and all underlalp s, bards, ng pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys in. obligations, Y Y n9 recognizances and other surety Authorization - Bye unanimous consent rt the Company's Board of of tors, the Company consents that facsfrnite or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified co of any nY power of attorney issued by the Company in Connection with surety bonds, shall be valid and bindingu the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secret pal the Company with West American insurance Company do hereby certify that the origins powerof attorney of which he foregoing is a full, true and Correct copy of the Power of Attorney executed f said Casually pony, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and Companies, is in full force scut effect and has not been revoked. 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this24th y d Q�pNi)GSv9C. iv$1, 2 {JT41145U.4 i PNINSUgt p ----_day of aYCt1 20 16 s 1905 ti ) 1919> 1917, 19991 wry "•v.nz+a'r�s'� �y •.x;.rees�°1 52 Vii, rbcs ri, ..� A� Qy F'f'4 Gregory W. Davenport, Assistant Secretary ,�_ .r. LMS 12873, 12Z4t3 w ,.4 --- --- __... _. _ 140 of 500 W C 00. Q M O 't cta O a. � ut o Zo} or to m a: a 04 09 t=M •'' 00 C 00 U r (BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE) QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection supplies, equipment, or services and Is in all respects fair and without with any corporation, firm, or person submitting a proposal for the same materials, collusion ar 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 thaf 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 Sig Prinfi/Type Nan V� Print/Type Company Name Here Excellere construction, LLC <-/ 6 L -t__, c_ a' CORPORATE CERTIFICATE ; � A T Sty l�� c vti .1 , certify that I am the S Corporation named as Contractor in the foregoing bid; thatecretary of the Contractor, was then (title) who signed said bid in behalf of the Of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This day of , 20 (Signature) (Seal) ITB I6-PW06 y� [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE) LIST OF SUBCONTRACTORS Ido— X , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name; G 1�2f� ��r�s LL C-- ITB I6-PW06 K' [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMI~NT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal workauthorization 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: 911027 eVerify Number 9/20/2015 Date of Authorization Excellere Construction, LLC Name of Contractor Co9burn Road Sidewalks Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 02 2-1 201 & in �1�ar:e fi-i �t (city) (state). Signature of Authorized Officer or Agent City of Milton Name of Public Employet,01MAYlt1' �, N • � r Z 0 rsaw S r ®: '-Vtf4`� $ire ary [NOTARY SEAL] ®®k. 96UN; y`�'®®. Print Name and rtle of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2-41 DAY OF NOTARY PUBLIC 1TB 16-PW06 (BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) Bid Submittal form Cogburn Road Sidewalks The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read fhe Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. Hereby proposes and agrees,. if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the iTB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (lump sum) $ 419 00 d,. 9 -- Print Print Dollar Amounta�'�! ITB 16-PW06 SUPPLEMENTAL UNIT PRICE SCHEDULE Pricing provided on this supplemental sheet is to be used during the contract for additions or subtractions from the lump sum contract amount as directed by the City. Quantities shown on the plan sheets are for informational purposes only. Contractor is to provide lump sum bid to complete the project as indicated In the contract documents. ITB 16-PWO6 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 item upon which Prices e quoted, at the Price set opposite each Item, delivered to the d S i (I are the time Specified in the Bid Schedule. designated point(s) within COMPANY Excellere Construction, LLC ADDRESS 3442 Orange Wood Court AUTHORIZED SIGNATURE____ PRINT / TYPE NAME Luigi Hernandez TITLE President r ITB 16-PW06 Qualifications and References List City of Peachtree Corners — 2016 Construction of 2700 LF of 4" concrete sidewalks, 1,573 LF of curb and gutter, 19 total concrete driveways, also included stamped concrete, demolition, grading, and erosion control. Greg Ramsey, P.E. Director of Public Works 147 Technology Pkwy, Suite 200 Peachtree Corners, GA 30092 gramsevPj2eachtreecornersea eov City of McDonough — 2015 Construction of 14,000 SF of parking lot, Grading, Construction of header curb, Design and construction of concrete modular block retaining wall Steve Roberts Bron Cleveland Associates, INC. 2627 Sandy Plains Road Suite 102 Marietta, GA 30066 sroberts(@broncieveland.com P-(404) 841-6364 F-(404) 841-0678 City of Waleska Construction of 968 LF of concrete sidewalk, 585 LF of curb and gutter, 186 LF 24", and 439 LF 18" RCP storm drain pipe J. Lamar Rogers, P.E. G. Ben Turnipseed Engineers, Inc. 2255 Cumberland Parkway Building 400 Atlanta, Georgia 30339 IrogersPgbtengineers com P-(770) 333-0700 F-770) 333-0775 RESOLUTION OF EXCELLERE CONSTRUCTION, LLC A LIMITED LIA131LITY COMPANY Pursuant to the Operating Agreement ofExcellere Construction, LLC, {the "Company,% a Georgia Limited Liability Company. hereinafter "Company", and applicable laws, a meeting of the Members of the Company was held on the 16"' clay of July, 2015, at Marietta, Georgia, The Members adopted the following resolutions: 1. That Luigi H, Hernandez is designated as the president of the Company, SO RESOLVED. There being no further business, the meeting was adjourned. Dated this 16'h day of July, 2015 BOARD OF MEMBERS f Name: Martha L. Herrera. Signature:1 i } Name: Luigi H, Hernandez Signature. ="" F: �ays„ - STATE OP GEORGIA Brian Brian P. Kemp, i.. f Secretary of state Board for Residential lt7t.� and General Contractors General Contractor Company License Na. GCCO004951 Status: Active Excellere Construction LLC 3442 Orange Wood Court Marietta GA 30062 Expires: 6/30/2016 Issued: i9/17(/(2�01�5f((jjiij�ffj�(({{��(( ++(( Luigi Hilario Hernandez ��IA��[�I�I�flilfiUt�A111111g11!llHll�lt� Real-time license verification is available at sos.georgiagov/PLB Above is your license issued by the Georgia State Board of Residential and General Contractors. A pocket-sizew your license before it expires. License renewals license card is below. Please make note of the expiration date on your license. It is your responsibility to rene may be completed prior to the expiration date via the Board's website or by obtaining a paper renewal from the Board office. Reminder: It is your responsibility to keep your insurance current. Please provide the Board with a copy of your Certificate of Insurance each time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. It is the licensee's responsibility to notify the board office immediately of any change of name or address. You may update your address online at the board's website at www.sos,ga,govlplb/contractors/. You may contact the Board at: GEORGIA STATE BOARD FOR RESIDENTIAL cfs GENERAL CONTRACTORS 237 COLISEUM DRIVE, MACON, GEORGIA 31217-3858 478-207-2440 (phone) website: lvww.sos.ga.gov/plb/contractorst Excellere Construction LLC 3442 Orange Wood Court 14Yarietta GA 30062 Issited: 9117/2015 Expires 6/30/2016 Luigi Hilario Frernandez Real-time license verification is ava i»hle ,i -- _ STATEEGOF RGIA "' Brian P. Kemp, Secretary of State Board for Residential and General Contractors General Contractor Company License No. GCC0004851- Active Excellere Construction LLC 3442 Orange Wood Court 14Yarietta GA 30062 Issited: 9117/2015 Expires 6/30/2016 Luigi Hilario Frernandez Real-time license verification is ava i»hle ,i -- _ Russell R. McMurry, P.E., Commissioner Excellere Construction, LLC 3442 Orange Wood Court Marietta, GA 30062 September 18, 2015 GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia center, 600 West Peachtree street, NW Atlanta, Georgia 30308 Telephone: (404) 631.1000 CER'T'IFICATE OF REGISTRATION Vendor Ile: 13984 In accordance with The Rules and Regulations Governing the Pr notified that the Georgia Department of Transportation has assigned Ithe following Registration'ficat'On Of Prospective 1dRatin to You. Certificate of Registration is effective on the date of issue and cancels and supersedes any Certificates previously issued:ders, you are by Rating y This MAXIMUM CAPACITY RATING $2,?SO,DDD CER'T'IFICATE F,,xpIRES September 3D, 2017 The total amount of incomplete work, regardless of its location and with whom it is contracted, whether in awarded but not yet begun, shall not exceed the Maximum Capacity Rating. If dissatisfied with the Rating, w resect you to the Appeals Procedures in §672-5-.08 (1) & (2) and §672-1-.05, Rules of the State Department of Transportation. In order continuously eligible to bid with this Departmentyour next application for registration must be submitted before thee expiration date. If you want to submit an ap, app plication at some intermediate period before the expiration date, your Rating will be reviewed based on the new application. This Registration Certificate is issued for contractors to be eligible for work with the Georgia Department of Transportation (GDOT) only. GDOT does not certify contractors as eligible to do business with entities other than GDOT. Sincerely, t1effBaker, P.E. J'B:AS13 Chairman, Prequalification Committee/Contractors "EXHIBTT C" Reference Exhibit A "EXHIBIT D.1" PERFORMANCE BOND Bond No. 016068834 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Excellere Construction, LLC (as CONTRACTOR; hereinafter referred to as the "Principal"), and The Ohio Casualty Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and Firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Four -Hundred and Forty -Nine Thousand Dollars ($449,000,00), 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 for the construction of a project known as Cogburn Road Sidewalks (Ib-PWUG) (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT" ),. NOW THEREFORE, the conditions of this obligation are as follows; 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall. be void; otherwise to remain in frill 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) calendar 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 -Linder 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, as set forth below. O SEAL Z CONTRACTOR ("Principal"). **% ?015 • Excellere Construction, LLC y�P (signatur�r v A�4iPaYl rt, (print) V* . Title: fe � , ��! '1 �' (SEAL) Y' Attest: Date: (signature) V�-5 4�y�nct,i (print) Title: ty ' Date:— l S Y c , CONTRACTOR'S SURETY: The Ohio Casualty Insurance Company By: _ ignature) Gary Spul (print) "Title: Attorney in Fact _ _ (SEAL) yAttest: Date: _ '! l (signature) Marie M. Hartley (print) Title: Witness Date: (ATTACI I SURETY'S POWER OF ATTORNEY) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company Liberty Mutual Insurance Company Certificate No. 7142256 The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alan R. Yates; Betsy J. Holmes; Brian K Hughes Dana D Rutledge Daniel Yates; Gary Spuller Karen A. Maynard; Kevin M. Neidert Marie M. Hartley MlrhgA1 I Anncl ?,Ati I c 67-7-7 I -- all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 stn day of October 2015 PNO �ASp �S� INSt, INSU/r `r4..r`1ccOrctr�'S'l JP,nNy(�2:r q9 JP,..nr,1n q>v LPA WSUq?,y American Fire and Casualty Company y The Ohio Casualty Insurance Company x 1906 0 0 1919« v 1912 1991 1997rLiberty Mutual Insurance Company 9West merican Insurance Company ^.;arnr•,r` eta' 9iJ �'Sic;.•,'� ^�� ;;,u,^ * 1 * h By: tri STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 15th day of October 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute 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 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �cJP N I',, COMMONWEALTH OF PENNSYLVANIA o�g,ONWFq( (� Notarial Seal U \� i v Teresa Pastella, Notary Public By OF Plymouth Twp., Montgomery County Teresa Pastella, Nota Public My Commission Expires March 28, 2017 ry 2 tisvwP �G �qRY PVg� Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of PNDCA,S(i �-�f INS(, N. VNSU. v 1906 0 1919^ 1912 1991 >yb •'rr.,�^.. �' a' '°H�,avti° Sj 9 art, ,>� � `> Y2 * * t ,20 By: Gregory W. Davenport, Assistant Secretary LMS_12873_122013 263 of 500 rn m C M _ C O t, � >' W O C Q M O� 3M CO E M No O C 'a d mo «C4 L Mt* C CO v o K— %-- "EXHIBIT D.2" PAYMENT BOND Bond No. 016068834 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Excellere Construction, LLC (as CONTRACTOR, hereinafter referred to as the "Principal"), and The Ohio Casualty Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto 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 Four -Hundred and Forty -Nine Thousand Dollars ($444,000.00), 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 for the construction of a project known as Cogburn Road Sidewalks (16-PW06) (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"), 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 Contractors 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, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: _ (signature) VCyw S(, A%fw A4 6'L (printed) Title:.W t+r-e S S Date: 11 15' 1 !D Attest: _ (signature) Marie M. Hartley , (printed) Title: Witness Date: CONTRACTOR: Excellere Cons ction, LLC By: (signature) (grin • GONSrRGC+ Title: /I (c S � �C 1 5 �• SEAL Date: _ -1 201 L • :0• a{s •; GEp�,�P CONTRACTOR'S SURETY: The Ohio Casualty Insurance Crrpany Ry:ature Gary Spuller (printed) Title: Attorney in Fact (SEAL) Date: (ATTACH SURETY -S POWER OF ATTORNEY) N N C :a ry 7 L vd O d > d � _ 3 cts O i ai O 4� 0 C i R Ni CS E THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7142257 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alan R. Yates; Betsy J. Holmes; Brian K. Hughes; Dana D. Rutledge; Daniel Yates; Gary Spuller• Karen A. Maynard' Kevin M Neidert• Marie M. Hartley; Michael L. Angel; Michael S. Brickner; P. D. Yates, III; P. D. Yates, Jr.; Robert N. Reynolds all of the city of Atlanta 'state of GA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of October 2015 ANO CAS -L �w INsp ,Nsu,, h7rrsuR American Fire and Casualty Company The Ohio Casualty Insurance Company N a 1906 0 979 1912 1991 Liberty Mutual Insurance Company 00) West merican Insurance Company = ��;; ..at.,-•�\�" �y��, v, rare•"'*�� ���>ncNv� ^� u.: � �l � By. STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary C COUNTY OF MONTGOMERY _ C 15th October 2015 O On this day of , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, �W execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O Q, 9P PAS;, COMMONWEALTH OF PENNSYLVANIA L /IQ%LL/ <M p "wa, F!! Notarial Seal �/ /�% Teresa Pastella, Notary Public By: O q OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public NP My Commission Expires March 28, 2017 y C O 0 PU��,�G Member, Pennsylvania Association of Notaries Frya This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance w O Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: = o ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, + y acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > = the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. z ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, N 4aI: ao and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, L M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their = o? respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v executed such instruments shall be as binding as if signed by the president and attested by the secretary. O V- Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 0 CA r( HJ�.0 INS(/R9 �q,�1N5Uir�t. �NINSU,gq a 1906 p o 1979 > 1912 ° 1991' LMS_12873_122013 ,20 �1 By: Gregory W. Davenport, Assistant Secretary 264 of 500 ACOR©®DATE CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) F4/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Yates Insurance Agency 2800 Century Parkway NE Suite 300 CONTACT NAME: PHONE 404-633-4321 FAX 404-633-1312 E-MAIL certs@yatesins.com Atlanta GA 30345- INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:FCCI Insurance Company 10178 CPP0020994 INSURED EXCECON-01 INSURERB:MOnroe Guaranty Insurance Comp 32506 Excellere Construction, LLC 3442 Orange Wood Court Marietta GA 30062- INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NIIIMRFR. 33518976 R1=VIgIAA1 IVI IMFIF:R• 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. IOLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDY/YYYY EXP MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP0020994 8/24/2015 8/24/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR DAMAGERENTED PREMISES Ea occurrence $300,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PROECT ❑ LOC J GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITYHIN 8/24/2015 8/24/2016 _UCA0030594 Eaaccident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO x AUTOWNED SCHEDULED BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR UMB022750 1/14/2016 8/24/2016 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAR CLAIMS -MADE DED I x RETENTION$10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBEREXCLUDED7 FN "IA WC1291830 8/24/2015 8/24/2016 PER OTH- STATUTE ER EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEO $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS below A Leased/Rented Equipment Installation Floater S217515700 8/24/2015 8/24/2016 Ded $500 $100,000 $200,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be 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 by written contract for the certificate holder and/or entities listed below: Blanket Additional Insured in regards to General Liability for ongoing and completed operations, Blanket Primary and Non -Contributory in regards to General Liability .Blanket Waiver of Subrogation in regards to General Liability. Per Project Aggregate applies to the General Liability when required by written contract. Forms: See Attached... City of Milton, GA 13000 Deerfied Pkwy, Suite 107F Milton GA 30004 MALI LGA 4114MAILei 9) 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. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: EXCECON-01 LOG #: '4�,,,,'�,��, �Q ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Yates Insurance Agency Excellere Construction, LLC 3442 Orange Wood Court POLICY NUMBER Marietta GA 30062 - CARRIER NAIC CODE EFFECTIVE DATE: Anr)ITirl AIAI DCROADVO THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CGL 088 10-13 First Choice Endorsements included blanket wavier of subrogation CGL 084 10-13 Blanket Additional Insured "Your Work" CCL 025 11-08 Additional Insured Primary/Non-Contributory Cogburn Road Sidewalks- 1 6-PW06 Entities: City of Milton, GA , City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers Ar`r\Dn 4n4 lnnnoinAi ----.- -I v zuus ACUKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE; The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsements) to the Commercial General Liability Coverage Form, The COMMERCIAL GENERAL LIABILITY COVERAGE FORM Is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a,, Expected or Intended Injury, is replaced with the following: a. "bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage' to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision Is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following; p. Electronic Data 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. The most we will pay under Coverage A for 'property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FCC] Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V— DEFINITIONS of the Coverage Form: "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, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "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; c. Loss of, loss of use of, damage to, corruption of, Inability to access, or inability to property 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 purposes of this Insurance, "electronic data" is not tangible property. SECTION 1— COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are adder!: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1, Insuring Agreement We will pay, at your request, for "property damage" caused by an'occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This Insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Premises you sell, give away, or abandon, If the "property damage' arises out of any part of those premises; e. Property caused by or arising out of the 'products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h, "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss In any one "occurrence' until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of Insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence', to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the 'property damage' arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a, Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, If the 'property damage' arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its pennission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (1013) e. Motor vehicles f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered toss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E Is excess over any other valid and collectible property or inland marine Insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss Is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL. EXPENSE 1. insuring Agreement a. If you are a "seller', we will reimburse you for "product withdrawal expenses" associated with 'your product" Incurred because of a "product withdrawar' to which this insurance applies. The amount of such reimbursement Is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal" only If the "product withdrawal" Is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" Is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal' Is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (1013) includes copyrighted material of the Insurance Services Office, Inc., with Its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate In the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph t.b of this coverage. 2, (Exclusions This insurance does not apply to "product withdrawal' expenses" arising out of. a. Any "product withdrawar' initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or Implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it Is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the Inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit' against you for "product withdrawal expenses". 3. For the purposes of the Insurance afforded under COVERAGE F, the following is added to 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 18 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (a) Flow, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the 'product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. °Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury' or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with Its permission. Page 6 of 16 Copyright 2013 FOCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller' does not include a °contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of 'property damage" to "your product% "your work" or "impaired property', due to faulty workmanship, material or design, or products Including consequential loss, to which this insurance applies, The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages Is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits' covered by this Contractors Errors or Omissions coverage. This coverage applies only if the 'property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily Injury' or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates orjob costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project;. or (5) in advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088 (10 13) includes copyrighted material of the insurance Services Office, Inc,, with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest fraudulent, malicious or criminal acts of the Named insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the Insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or Implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, In whole or in part, before you have completed "your work.' "Yourwork' will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the Job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as complete, I. Any liability arising from "property damage' to products that are still in your physical possession. J. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform, Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications, Professional services also Include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. 1. "Property damage" to property other than "your product,' 'your work" or "impaired property," m. Any liability arising from claims or "suits' where the right of action against the insured has been relinquished or waived. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 18 Copyright 2013 FOCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) n. Any liability for *property damage' to "your work' if the damaged work or the workout of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes, p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing, This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition Is added to the Definitions section: a. "Contractor' means a person or organization engaged in activities of building, clearing, filing, excavating or Improvement in the size, use or appearance of any structure or land. "Contractor' does not include a "seller' as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of Insurance will not be reduced by 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. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss Is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION 1- COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B Is amended as follows: All references to SUPPLEMENTARY PAYMENTS -- COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies, We do not have to famish these bonds. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 18 Copyright 2013 FCCI insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. toss of Earnings Paragraph i.d, is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of eamings.up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED Is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or falling to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (5) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance Is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50°% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) is subject to the conditions described in paragraphs g. through k. below; and CGL 088 (10 13) includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision -- Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state 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". I. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this Insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. J. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor if the additional Insured is a vendor, such vendor is an additional insured only with respect to "bodily injury" or "property damage' caused by "your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" forwhich the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor, (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (h) "Bodily injury" or "property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: I. The exceptions contained In Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE Is amended as follows: 1. Paragraph 2, is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 16 Copyright 2013 FCCI insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Paragraph 5. Is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of, a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily Injury" and "property damage" arising out of any one `occurrence`. 3. Paragraph S. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of `property damage" to any one premises, while rented to you, or in the case of damage ,by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit Is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit 4. Paragraph 7. Is replaced with the following: 7. Subject to Paragraph 5, above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D, Voluntary Property Damage for loss arising out of any one `occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of anyone "occurrence' is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5, above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" In any one -policy period, regardless of the number of insureds, "product withdrawals' initiated or number of "your products" withdrawn is $10,000. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 8. Paragraph 11. its added as follows: 11. Subject to Paragraph 6. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors In contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. Is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b, Each `location" owned by or rented to you. "Location" as used In this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13, Is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: a. Required by the contractor agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claire, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence' or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner, (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, If you are a limited liability company; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with Its permission. Page 14 of 16 Copyright 2013-FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you If you die; or (7) A person (other than an "employee') or an organization while acting as your real estate manager. To the extent possible, 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. 2. The following Is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the'occurrence' or offense is known to the following: (1) An individual who Is the sole owner, (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following Is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage Is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., -and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this 'occurrence' may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088 (10 13) includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 15 of 18 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 6. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work' included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the persontentity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10, Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision Is effective in the applicable state(s). CGL 088 (1013) Includes copyrighted material of the Insurance Services Office, Ina, with its permission. Page 16 of 16 Copyright 2013 FCCi Insurance Group "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME 'PROPOSER/BIDDER) STATE OF COUNTY OF _ ( ✓1 being first duly sworn, deposes and says that: 6/ (1) He is C)-- 5 i .o (Owner, Partner Officer, Representative, or Agent) of LCT.ILLVC co+ta"t,1,(,-(the " "(froposidder)) that has submitted the attached Propos 1/Bid); 2) He is fully informed respecting the preparation and contents of ttached ropos /Bid) and of all pertinent circumstances respecting suchPropos Bid); (3) Such Prop �I/Bid) is genuine and is not a collusive of sham ropos�l/Bid}; (4) Neither the said- roposer Bidder) nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other _ (Propose idder), firm or person to submit a collusive or sham ropo i/Bid) in connection with the Contract for which the ached op said) has �e�ri submitted or to refrain from ro osin idding) in connec on with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other (ProposerBidder), firm or person ix the price or prices in the attached (Pro 0WI/Bid) or oT-any other roposer idder), or to fix any overhead, profit or cost element of the ropos�id) price of any otherropose 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 attachedroios id) are fair and proper and are not tainte�y collusion, conspiracy, connivance, or unlawful agreement on the part of the e r er/Bidder) or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) ( roposer idder has not directly or indirectly violated any law, ordinance or regulation related to the Qpbsal/Bid). Si t Authorized Officer or Agent tkuk cj tt� r Ilk, vt i Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1 S DAY OF o%11111111J., 04 Not Public `�. `�;.• �s's�oro F; ��.�� (NOTARY SEAL] _ > # ,y C) ..• � � vo E, My Co ission Expires: �O� �e :�F ,f O�Z X71%-' OUN, ; ,,``��• "EXHIBIT F" FINAL AFFIDAVIT STATE OF COUNTY O_F hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of 2p and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawfW 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 "EXHIBIT G. V STATE OF c 1) f g 4 C4� COUNTY OF F kv� CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 9L/pat� Federal Work Authorization User Identification Number Date of Authorization Excellere Construction LLC Name of Contractor 5 • cL . - L -k 4c t --.-cam.( t 1 V%k k-0 J e V` %.04��'� t 6A,"k, AA k. tRiad its p r e+u-c t rS Name of Project City of Milton Georeia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on r.1 I S , 201.t. in (city), Cie (state). Signa o Authoriz�Officeror Agent LL, , R' he i/Y\ A"A-Q�- Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF /-F rill , 201. Notary Public ```%% t�tt�riii PMA 10i ..0 0slON 00 �A� • i O: j°UBV o � �� CryP r •......•0, ARYS • .��,O' JN, ; [NOTARY SEAL] My Tri , ion Expires: '7.,L Contract Plans and Drawings See Exhibit A U J F- aLW O ct: W nay C7Y�0 U3� w� 0 i tab � t i }' Z U OJ ca Y ca —ga U J F- aLW O ct: W nay C7Y�0 U3� w� 0 i 0 d >. i }' Z U OJ ca Y ca —ga o LL Um0 +, , �e UL • LL ' LL LU m Lu 0 f � uj 'Sz TM € t Cil r • . M Lu ■ -M 0 ^ J`, Q W 0 � d Q O O nl r`V U J F- aLW O ct: W nay C7Y�0 U3� w� 0 t�+ 6 v 0 d >. i }' Z U OJ ca Y ca —ga LL LL z �Ur �V V w ^ J`, Q W 0 � d Q O O r`V d> s E E c (j t�+ � O a 0 a o atl O & Sm U W px O �a p 4 U J_ r z ORh OHO O 0. J ZIA 0 C 'C) 11 O In 0 O za. V . 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K zU 0 \ j j a. 00 ` W ual O 11 ter. ii' t.i as •' ` .. -; 00 z w � o lil I v I s U) z2 of �a 00 �z w U� W 0 IM ■ pin 'a `l0©nui in i�ilJ������ � [o](o]C Ce]Ce]Co7C©7 IC1191I®11©Il�ih IolIa11911H1181 t ty � • • ' +11 .l t ti � It t. {� t �st � `4` �0000�cio®�oo��t�l��oo WHO rA e 311n, I N g� c 71 N 1 2 � QUO Oat cc ca O 0O.4 W' " YR w�0 +n W Z U Om J CL ga 00 Z UW m Q a 0 Pd "EXHIBIT Y' KEY PERSONNEL The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position l -t v VL-,, \A Project Manager )2r of C &�- YJ �07, YJ aCJC V "EXHIBIT K" The City will be administering the contract. See Exhibit A "EXHIBIT M" Contractor Responsibility for Proieet and Worksite During Construction Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Daina e: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner.) before Final Completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section I I (A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity; If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. "EXHIBIT N" Notice of Award ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Substantial Completion" means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) "Minor Item" means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) "Permitted Incomplete Work" means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs 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. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum 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 Substantial Completion. Once fifty percent (50%) ofthe Maximum 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. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, 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 Substantial Completion of the Work and as the Contract Administrator 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 or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50(110) 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. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (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 (b), 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 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. CP HOME OF'THE BEST QUALItt OF LIFIN GEORGIA' MILTOE N' A ESTABLISHED206 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager VIP AGENDA ITEM: Approval of a Professional Services Agreement with Cheryl A. Hltvert, Consultant, for Facilitation of Strategic Plan Implementation/Departmental Operating Plans Preparation. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P�APPROVED /) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: { /'YES () NO CITY ATTORNEY REVIEW REQUIRED: ()-1 IFS () NO APPROVAL BY CITY ATTORNEY P) APPROVED O NOT APPROVED PLACED ON AGENDA FOR: oyl-2S-1cak� REMARKS ©y Youl PHONE: 678.242.25001 FAX: 678.242.2499Gre`eo Info@eityormlltonga.ua I w .eHyormllfonpa.us ISO Communi s 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 - _•^^,•o •a==a To: Honorable Mayor and City Council Members From: Steve Krokoff, Interim City Manager Date: Submitted on April 11, 2016 for the April 25, 2016 Regular Meeting Agenda Item: Approval of a Professional Services Agreement with Cheryl A. Hilvert, Consultant, for Facilitation of Strategic Plan Implementation/Departmental Operating Plans Preparation ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: The departmental Strategic Plan implementation/departmental operating plans preparation workshop is scheduled for April 18 – April 22. Cheryl Hilvert, consultant, is a well-respected and experienced facilitator. She will assist Milton staff with strategic plan implementation/departmental operating plan development program, including the facilitation of departmental sessions and combined sessions for small departments to identify goals and objectives that will assist in the implementation of the Milton’s strategic plan and development of individual departmental operating plans for the next 24 months. Funding and Fiscal Impact: The cost for the Facilitation of the Strategic Planning Workshop is not to exceed $8,000. The funding is budgeted. Alternatives: Do not approve. Legal Review: Ken Jarrard – April, 2016 Concurrent Review: Steve Krokoff, Interim City Manager Cheryl Hilvert Professional Services Agreement Page 2 of 2 Attachment(s): Professional Services Contract Letter of Agreement -OME OF' M I LTO Nl�_ ESTABLISI ICD 2Jk, PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the "Agreement") is made and entered into this Ist day of April, 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 Cheryl Hilvert (hereinafter referred to as the "Consultant"), having her principal place of business at 8750 Wellerstation Drive, Montgomery, Ohio 45249. WITNESSETH THAT: WHEREAS, the City desires to employ Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized herself 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" STATE -ISSUED DRIVER'S LICENSE OR ID CARD 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 departmental strategic plan development. Section 3. Contract Time: A. Time for Performance by Consultant: Consultant understands that time is of the essence of this Agreement and warrants that she will perform the Work in a prompt manner. She shall facilitate the departmental planning sessions contemplated by this Agreement on a date to be agreed upon with the City, and shall in any event complete facilitation of the departmental planning sessions and complete all related Work no later than May 31, 2016. Page 1 of 6 B. Termination: This Agreement shall terminate on the earlier of the completion of the Work or June 1, 2016. Either party may terminate this Agreement upon a breach of any provision of this Agreement by the other and the subsequent failure to cure such breach within fifteen (15) days of receipt of a written notice of the breach. The City may also 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 by the City for convenience prior to completion, the Consultant's compensation shall consist of reimbursement of all non- refundable costs incurred in connection with the Work, payment for Work previously performed at an hourly rate (as set forth herein), and payment of the pro rata portion of any Work performed for a flat fee. 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 City shall compensate Consultant as follows: (1) a flat fee of $4,995.00 for facilitator preparation and delivery of facilitation services during a five-day departmental planning session; (2) a fee of $95.00/hour for consultation and planning assistance to City staff before and after the departmental planning session, provided that Consultant shall obtain written approval from City staff before incurring any such hourly fees; and (3) reasonable air travel, hotel, and rental car expenses during the departmental planning sessions. The total amount paid under this Agreement (including all items enumerated above) shall not, in any case, exceed $8,000.00 (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 she 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 Cid: 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 her 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 Page 2 of 6 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 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 she 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 herself 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. [RESERVED] E. Licenses Certifications and Permits-, Standard of Care: Consultant covenants and declares that she 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 her industry. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. F. 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. G. 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 Page 3 of 6 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. H. 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 NOTICE TO THE CONSULTANT shall be sent to: Cheryl A. Hilvert 8750 Wellerstation Drive Montgomery, OH 45249 Confidentiality: Consultant acknowledges that she may receive confidential information of the City and that she will protect the confidentiality of any such confidential information and will require any of her sub -consultants, agents and/or staff to likewise protect such confidential information. J. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. [RESERVED] Section 9. 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 suspended hereby. Neither party has relied on any Page 4 of 6 representation, promise, or 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. 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. 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. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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 herself, her 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 in every subcontract for services contemplated under this Agreement. F. E -Verify. Consultant acknowledges that she has no employees and will utilize the services of no subcontractors for the Work and thus is not subject to the affidavit requirements of O.C.G.A § 13- 10-91. In lieu of such affidavit, pursuant to O.C.G.A. § 13-10-91(b)(5), Consultant has provided the City with a copy of her state -issued driver's license or identification card, attached hereto as Exhibit «B » 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] Page 5 of 6 SIGNED, SEALED, AND DELIVERED in the presence of: j1Yb1,v'? 3� 1 'I . o - W." ." Witness Signature Print Dame Notary Public Attest: Signature Print Name Cites Title Cheryl A. H&er Signature ASHLEY SPROUSE Notary Public, State of Ohb My Cornarftm ExMm November 23, 2019 MILTON CITY COUNCIL: Joe Lockwood, Mayor Page 6 of 6 [CITY SEAL] Exhibit "A" Work Description Cheryl A. Hilvert 8750 Wellerstation Drive Montgomery, Ohio 45249 513-442-9233 March 14, 2016 Mr. Steven Krokoff City of Milton 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 Re: City of Milton, GA Strategic Plan Implementation/Departmental Operating Plans Preparation Dear Steve: Thank you for your interest in a facilitated strategic plan implementation/departmental operating plan preparation program for the City of Milton, GA. This letter of agreement outlines the scope of services for this program which includes preparation for, and facilitation of, five (5) business days of individual departmental planning sessions during the week of April 18-22, 2016 and associated planning services. Planning Process The scope of services for the strategic plan implementation/departmental operating plan development program shall be in accordance with the work included in Attachment "A," which includes facilitation of the individual departmental sessions and combined sessions for small departments to identify goals and objectives that will assist in the implementation of the City's strategic plan and development of individual departmental operating plans for the next 24 months. Additionally, this agreement provides for consultation and planning assistance to Milton city staff to support this process. City of Milton, Georgia Hosting Responsibilities The City of Milton agrees to provide an appropriate room(s) for the retreat, supplies and any audiovisual equipment it may wish to use during the session. Additional supplies can include but are not limited to: • Flipcharts with markers • 3" x 5" index cards for participant brainstorming • Pens/markers for participants • Self-adhesive "Dots" for multi -voting • Other materials as needed The City also agrees to provide copies of any prepared workshop materials including results of employee surveys and environmental scans may be agreed upon by the City of Milton and Cheryl Hilvert for all session participants. The City also agrees to provide these materials to Cheryl Hilvert one week in advance of the planning sessions. Facilitator Cheryl Hilvert agrees to facilitate the planning sessions outlined in the scope of work according to a schedule to be developed by the City of Milton. This schedule is to be provided to Cheryl Hilvert at least one week in advance of the planning sessions. Strategic Planning Implementation/Departmental Planning Sessions Facilitation and Associated Services Fees The facilitation fee for the five (5) business days of departmental planning sessions is $4995, including facilitator preparation and delivery of facilitation services. Additionally, Cheryl Hilvert will be available for consultation and planning assistance to the City of Milton staff in the preparation of any workshop materials as may be determined by the City as well as in the preparation of summary draft and final documents/presentations at an hourly rate of $95.00 per hour. These fees shall be payable at the conclusion of the planning process and made payable to Cheryl Hilvert; 8750 Wellerstation Drive; Montgomery, Ohio 45249. The City further agrees to reimburse Cheryl Hilvert for costs associated with air travel to/from Atlanta, Georgia, hotel expenses in Milton, and for a rental car during the duration of her stay for the planning sessions, the timeframe for which is currently estimated to be April 17-22, 2016. Travel expenses shall be reimbursed upon presentation of receipts by Cheryl Hilvert to the City. Cancellation/Rescheduling Fee If, following approval of this letter of agreement, the City of Milton cancels or reschedules the planning sessions, it shall, upon receipt of billing and cost documentation, reimburse Cheryl Hilvert for such nonrefundable airline and other travel costs directly related to planning sessions as he/she may have incurred. Additionally, any hourly rate fees associated with staff consultation/retreat preparation incurred and not previously paid will be due from the City upon receipt of an invoice from Cheryl Hilvert. Steve, I look forward to the opportunity to work with you and your City Council and staff on this important strategic planning implementation/departmental operating plan program for the City of Milton, Georgia and sincerely appreciate this opportunity to work with you. Should you have any questions or concerns regarding this agreement, please do not hesitate to contact me at 513-442-9233 or at chilvert zoomtown.com. Sincerely, Cheryl A. Hilvert Exhibit "B" State -Issued Driver's License or Identification Card 111 HOME OF'THE BEST QUALITY Of LIFE IN GEORGIA' M I LTON ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and All Termite and Pest Control, LLC for Pest, Termite and Rodent Control Services. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4-7ES (/ NO CITY ATTORNEY REVIEW REQUIRED: PKES () NO APPROVAL BY CITY ATTORNEY (J,Al"PROVED (J NOT APPROVED PLACED ON AGENDA FOR: 041 u1zal6 REMARKS tf y you( PHONE: 678.242.25001 FAX: 678.242.2499 Green' + *�,��• Info®dtyofmigonga.us I w .cHyofmiltonga.us Comil . c4a 13000 Deerfield Parkway. Suite 1071 Milton GA 30004-_•�^•�:.o,; '+•'` a Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 14, 2016 for the April 25, 2016 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and All Termite and Pest Control LLC for Pest, Termite and Rodent Control Services ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Professional Services Agreement between the City of Milton and Pest Control LLC for Pest, Termite and Rodent Control Services for our Fire Department and Parks and Recreation facilities. Executive Summary: There are three fire stations and seven parks and recreation buildings. These facilities require pest and/or termite and /or rodent control. We bundled all ten buildings together and bid out the service. All Termite and Pest Control LLC (dba All Exterminating) was the lowest priced vendor. The City has previous experience with All Exterminating and their performance has been satisfactory. Funding and Fiscal Impact: Both the Fire Department and the Parks and Recreation Department have funds available in the M & O budget to support this. The contract allows for the addition of more City of Milton facilities as they are developed and also has three renewable years beyond 2016 with a guarantee of no price increase. Page 2 of 2 Alternatives: We have the alternative to use the next higher priced vendor, the highest priced vendor or to rebid the process entirely. Regardless of which vendor we select, we must enter into a contractual relationship to obtain services. Legal Review: Sam Van Volkenberg – Jarrard & Davis (April 7, 2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): 1) Professional Services Agreement All Termite and Pest Control LLC. -0`,'.F CF' IV[ 1 L I U l ESTABLISHED '_J5G PROFESSIONAL SERVICES AGREEMENT PEST, TERMITE AND RODENT CONTROL SERVICES 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 All Termite and Pest Control LLC (dba All Exterminating) ("Service Provider" or "All Exterminating"), a Georgia limited liability company having its principal place of business at 256 Castleberry Industrial Drive, Cumming GA 30040, with the City and Service Provider together referred to herein as the "Parties." WHEREAS, the City of Milton will require certain pest and/or termite and/or rodent control services at all City of Milton owned facilities beginning upon the issuance of a Notice to Proceed by the City (the "Project"); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Service Provider has represented that it specializes in pest, termite and rodent control extermination services and that it is qualified by training and experience to perform the Work for the Project. 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 Service Provider agrees to provide all services specified in Exhibit "A", attached hereto and incorporated herein by reference, and as further described herein (the "Work"). The Service Provider shall provide the specific services (pest, rodent or termite treatment) at the specific locations identified by the City. The Service Provider's submission of a price quote for service at a particular location shall not obligate the City to purchase any service. 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. 1.1.1 Materials. All pest control materials must be used in strict accordance with label directions. Chemicals used will be odorless and conform to current state and federal regulations. Materials used in food service environments must meet state and local health codes. If requested by the City, the Service Provider shall provide the City with copies of Material Safety Data Sheets for chemicals used. 1.1.2 Timing of Service Visits. Upon initial Notice to Proceed from the City, the Service Provider shall perform a thorough treatment of specified City properties with the services requested for each property. Thereafter, the Service Provider shall provide regular service on a quarterly or annual basis, or as otherwise specified by the City. If between scheduled visits a problem should develop, additional service will be rendered at no additional charge. Additional service will be provided within 48 hours. 1.1.3 Pest (Bug) and Rodent Treatment. For purposes of this Agreement, "Pest" refers to all bugs/insects which may be present in or on the City's buildings, excluding bedbugs, fleas and/or carpet beetles. Pest and rodent treatments referenced in Exhibit "A" shall consist of the application methods best judged by Service Provider to provide effective control, provided that the application methods shall comply with applicable laws, regulations, codes, and recommended/approved product instructions. For each scheduled service provided, Service Provider shall provide the City with a Pest Prevention Service Report ("Service Report") detailing the application methods used for the treatment of the target organism(s). The City acknowledges and agrees that the Service Report contains Service Provider's recommendations to the City detailing the City's responsibilities in the prevention of any re -infestation of the target organism(s). 1.1.4 Termite Treatment. The termite treatment service referenced in Exhibit "A" shall consist of either a soil treatment or installation of the Advanced TVS bait system by Service Provider, as specified by the City. 1.1.5 Termite Warranty. The termite warranty referenced in Exhibit "A" shall consist of Service Provider's standard one-year termite warranty, binding Service Provider to make such structural repairs and replacements to the affected property as may be necessary to remedy any structural damage caused by subterranean termites subsequent to the warranty's effective date. 1.1.6 City's Responsibilities. The City acknowledges the following responsibilities in connection with this Agreement: 1.1.6.1 The City shall implement all reasonable recommendations detailed by Service Provider on the Service Report(s). 1.1.6.2 The City acknowledges that successful household pest control requires that the City provide proper and adequate sanitation for the affected areas and hereby agrees to provide the same. 1.1.6.3 The City acknowledges that Service Provider's bug and rodent services provided hereunder are for the control of actual or potential infestation of bugs and rodents and for the exclusion of the occasional reoccurrence of the target pests. The City hereby acknowledges and agrees that the services provided by Service Provider are not for the sealing of the affected properties for the complete exclusion of the target pests. 1.1.6.4 The City acknowledges and agrees that the Service Provider shall keep all personnel and pets away from the areas serviced until the pesticides are completely dry or removed. 1.1.6.5 The City acknowledges and agrees that excessive contact with the areas serviced should be avoided. 1.2 City agrees to pay Service Provider for the services performed by Service Provider upon the City's certification that the services were actually performed in accordance with this Agreement. The compensation for Work performed shall be based upon the rates set forth in Exhibit `B", attached hereto and incorporated herein by reference. This shall be the sole basis for Service Provider's compensation, Service Provider shall not be entitled to any additional cost reimbursement, and Service Provider represents that this amount is sufficient to perform all of the Work contemplated by this Agreement. Compensation for services performed shall be paid to Service Provider upon the City's receipt and approval of an invoice, submitted quarterly, setting forth in detail the services performed. The total amount paid under this Agreement in the calendar year of the initial (less than one full year) term shall not, in any case, exceed $3,692.50. The total amount paid under this Agreement in the calendar year of subsequent one-year renewal terms shall not, in any case, exceed $3,584.50. 2 L') Service Provider shall take no calculated risk in the performance of the Work. Specifically, Service Provider agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Service Provider's industry, Service Provider 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, including by adding additional City of Milton facilities. All such changes shall be incorporated in written change orders executed by the Service Provider and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation. 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 Service Provider 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 Service Provider. 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 $50,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Service Provider is an independent contractor. The Service Provider is not an employee, agent or representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Service Provider 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 Service Provider agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Service Provider to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. The Service Provider shall assume full liability for any contracts or agreements the Service Provider enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. The Service Provider 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 Service Provider. Any provisions of this Agreement that may appear to give the City the right to direct Service Provider as to the details of the services to be performed by Service Provider or to exercise a measure of control over such services will be deemed to mean that Service Provider shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification The Service Provider covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Service Provider 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. 3 Service Provider 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 Service Provider, any sub -Service Provider, anyone directly or indirectly employed by the Service Provider or sub -Service Provider or anyone for whose acts or omissions the Service Provider or sub - Service Provider 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 Service Provider, any sub -Service Provider, anyone directly or indirectly employed by the Service Provider or sub -Service Provider or anyone for whose acts or omissions the Service Provider or sub -Service Provider 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 Service Provider or any sub -Service Provider 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 Service Provider 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 Service Provider, its agents, representatives, employees or sub -Service Providers. 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: Service Provider 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 Service Provider'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. M (e) To the extent not provided in the foregoing policies, coverage as required by O.C.G.A. 43-45-9. (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 Service Provider; products and completed operations of the Service Provider; premises owned, leased, or used by the Service Provider; automobiles owned, leased, hired, or borrowed by the Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Service Provider'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 Service Provider'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 Service Provider'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 Service Provider 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 Service Provider for the City. (c) All Coverages. 5 (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 Service Provider 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: Service Provider 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 Service Provider's insurer in its non -nal 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 Service Provider 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 -Service Providers: (8) Service Provider shall include all sub -Service Providers as insureds under its policies or shall furnish separate certificates and endorsements for each sub -Service Provider. All coverage for sub - Service Providers shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. Claims -Made Policies: Service Provider 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 Service Provider shall begin work promptly upon receiving a Notice to Proceed by the City. The initial term of this Agreement shall begin on the date first written above and shall terminate absolutely and without further obligation on the part of the City on December 31, 2016. This 0 Agreement shall then automatically renew in full each January 1 st for three successive one-year terms, beginning on January 1, 2017, January 1, 2018, and January 1, 2019, absent the City's provision of written notice of non- renewal to Service Provider at least five (5) days prior to the end of the then -current calendar year. Unless changed pursuant to Section 1.4, the pricing and all other elements of this Agreement shall remain the same in each term. Title to any supplies, materials, equipment, or other personal property shall remain in the Service Provider until fully paid by the City. The City may terminate this Agreement upon a breach of any provision of this Agreement by Service Provider and Service Provider'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 Service Provider. 6.0 Compliance with All Laws and Licenses The Service Provider shall obtain and maintain, at the Service Provider'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 govermllental entity pertaining to its performance under this Agreement. Without limitation on the preceding sentence, the Service Provider specifically represents that it has complied with, and agrees to comply with in performing the Work, all requirements of the Georgia Structural Pest Control Act (O.C.G.A. § 43-45-1 et seq.); the Rules of the Georgia Structural Pest Control Commission; and the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §136 et seq.). The Service Provider must be licensed by the State of Georgia to perform pest control service and must possess a current Pesticide Contractor License. The Service Provider must also have a current business license. Further, the Service Provider 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 Service Provider 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 -Service Provider under a contract to the prime Service Provider or higher tier sub -Service Provider, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Service Provider 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 Service Provider Service Provider 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 7 capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Service Provider 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 Service Provider 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 frill 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: Jim Cregge Director, Parks and Recreation City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE SERVICE PROVIDER shall be sent to: All Termite and Pest Control LLC 256 Castleberry Industrial Drive Cumming GA 30040 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Service Provider 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 Service Provider or successor or on any obligation under the terms of this Agreement. Likewise, Service Provider's performance of services under this Agreement shall not subject Service Provider'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 Service Provider or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Service Provider 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 Service Provider'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 infonnation 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 Service Provider 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 Service Provider 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, Service Provider 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 Service Provider employs or contracts with any subcontractor(s) in connection with the covered contract, the Service Provider 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 Service Provider/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. 9 If a subcontractor affidavit is obtained, Service Provider agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Service Provider 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 Service Provider's and Service Provider's subcontractors' verification process at any time to determine that the verification was correct and complete. The Service Provider 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 Service Provider 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 Service Provider 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 Service Provider's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Service Provider shall be liable for all damages and delays occasioned by the City thereby. Service Provider agrees that the employee -number category designated below is applicable to the Service Provider. [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. Service Provider hereby agrees that, in the event Service Provider 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 Service Provider 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 Service Provider agrees that, during performance of this Agreement, Service Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Service Provider 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 Service Provider covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or 10 similar authorities to simultaneously execute and bind the Service Provider 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 Service Provider ("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 Service Provider agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Service Provider 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, Service Providers, 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 Service Provider 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 Service Provider; (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] 11 Attest: i Signature Print N,,a��me�� til C r' (%i Ca Title Attest: Signature Print Name Cites Title Approved as to form: City Attorney 12 ALL TERMITE AND PEST CONTROL LLC -f - ,3 � Signature r� PnntName Title (Member/Manager) /-3�- /E Date CITY OF MILTON, GEORGIA: Joe Lockwood, Mayor Date [CITY SEAL] EXHIBIT "A" SCOPE OF WORK HOME OF' I LTONI FST lksl1SFIF1) 2006 REQUEST FOR BID PEST CONTROL SERVICES BID RESPONSE DUE: Thursdav March 31, 2016 2.00 PM The City of Milton owns multiple facilities between the Fire Department and the Parks and Recreation Department. We are seeking services for pest control, termite control and rodent control for these facilities. The City of Milton will select services on a per building basis. Not all buildings will receive all three services. In some cases, a termite warranty is requested. The lowest qualified bidder will receive a contract for all of the facilities. The contract will expire on December 31, 2016. The bidder must offer the City up to three annual renewals at the same price. The contract must allow for the addition of other facilities as they come on line. All questions must be directed to Jim Cregge, Director, Parks and Recreation at iim.crecige@cityofmiltonga.us If a site visit to any or all facilities is desired, please contact Jim Cregge at the above email address. The attached pages provide the addresses and brief descriptions of the facilities, and a grid for the submission of your bid. Thank you for your consideration of this request for bid. You PHONE: 678.242.25001 FAX: 678.242.2499 a 1--4"Gt'Een t'""'f info§cityofmiltonga.us 1 www.cityW1111111 Community �/ 13000 Deerfield Parkway, Suito 107 1 ;vtilton GA 3CO04 HOW OF I\LTONI Pest Control and Termite Service Locations Bethwell Community Center - 2695 Hopewell Rd, Milton, GA 30004 Block building that was built in the 50's. The front porch is wooden. Bell Memorial Park - 15245 Bell Park Road, Milton, GA 30004 Four Buildings built in late 2015. Three of the buildings are on a concrete slab, with metal framing and wooden cover over it. The concession stand is a concrete block building with wooden covering. Thomas Byrd, Sr. House - 15690 Hopewell Road, Milton, GA 30004 A home that was built in the 1800's. it was renovated by the City of Milton back in 2015. This building has brick, siding, and a basement under some of the house. There is also a crawl space. Broadwell Pavilion - 12615 Broadwell Road, Milton, GA 30004 This building was built in 2014. It has storage rooms around the back in the basement. Fire Station #41 - 12670 Arnold Mill Road, Milton, GA 30004 Fire Station #42 - 15240 Thompson Road, Milton, GA 30004 Fire Station #43 - 750 Hickory Flat Road, Milton, GA 30004 Stations 41 and 43 are concrete block. Station 42 is a metal building. NOTES: Pest control will be quoted as quarterly service o Free service calls Rodent control will be quoted as quarterly service o Free service calls Termite warranty, bond, and install will be annual o No termite services requested at Bell Memorial Park Concession Stand, or any of the Fire Stations o Termite bait/liquid are requested at Thomas Byrd House & the Bethwell Community Center o A simple Termite warranty requested for Broadwell Pavilion, and the other Bell Memorial Park storage buildings as they are new construction 91 it roams _ *** PHONE: 678.242.25001 FAX: 678.242.2499 AGreen 'P InfoCgt1tyofmiltonga.us I www.cifyofmiltongams 11�1� Community E;;; ; 1300 Deerfield Parkway, Suite 107 1 Milton GA 3CC04 ''Qk` CD (D (D 'v -n = = m fl H (Dm (D 3 3 O m 3Q o rn o o Q a o CD Q Q' Q. cn v, Q Q a n '� �—� M Q m 377 O o o n c Q o o o (D W N -n Q z O o' c�6 ((DD (NSD n -• n y m n (D W S. 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Q Q Q Q Q Q Q Q �y K O CL Q O O O (D Jim Cregge From: Sarah Pendley <sarah@allexterminatingga.com> Sent: Tuesday, April 05, 2016 3:46 PM To: Jim Cregge Cc: 'Bob Keller' Subject: City of Milton Quote Attachments: milton revised quote.pdf Jim, Please accept our apologies as the fire departments were quoted incorrectly. There was an error on the original quote. Bob asked me to revise and resend quote to you. Should you have any questions please let us know. Thank you! Sarah Y. 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C O 1 O � 4 3 Ln EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF r Ovc 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 C' - Date of Authorization All Termite and Pest Control LLC Name of Contractor Pest, Termite and Rodent Control Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and corr ct. vvev% t Eyre ute of 201L in (J"*(city), re of Atffhorized Of c r ofrA§ent Name and Title of Authorized Wicer or Agent SUBSCRIBE AND SWORN BEFORE ME ON THIS THE ( DAY OF U2 0 , 201_b. NOTARY PUBLI [NOTARY SEAL] My Commission ExpireA: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT STATE OF D� 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 All Termite and Pest Control LLC on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ��—G&%`J eVerify Number Date of Authorization -A 1I 'r- 60a tk-t k'S4 �� I UL Name of Subcontractor Pest, Termite and Rodent Control Name of Project City of Milton Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. I �� Executed on, 201 in CJS'' (city), 40"5 q' 12:l-)/ I of or Agent Printed Name and Title of Authoridd Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _ DAY OF 201 b . n /,? a NOTARY PU [NOTARY SEAL] My Commission Expires: E. HOME pF'THE BEST QUALITY OF IIF�E IN OEORC MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 2(010�,, 201 T6� FROM: Steven Krokoff, Interim City Manager Viaf�� AGENDA ITEM: Approval of a Contract Agreement between the City of Milton and Tri Scopes, Inc. for the Right of Entry, Indemnification and Maintenance. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: FJ'YES () NO CITY ATTORNEY REVIEW REQUIRED: (1*'FES () NO APPROVAL BY CITY ATTORNEY (J„ PROVED (J NOT APPROVED PLACED ON AGENDA FOR: 04120 zal, REMARKS 91 y You( PHONE: 678.242.25001 FAX: 678.242.2499 InfoV4cRydmigonga.us Green' •�;« =q www.cHYofmillonga.us 13000 Deerfield wU M Com moni a,r�' Parkway, Suite 107 1 Milton GA 30004 - •«-« •_�._a Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on April 14, 2016 for the April 25, 2016 Regular Council Meeting Agenda Item: Approval of a Contract Agreement between the City of Milton and Tri Scapes, Inc. for the Right of Entry, Indemnification and Maintenance ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Contract Agreement between the City of Milton and Tri Scapes, Inc. for the Right of Entry, Indemnification and Maintenance of Freedom Park. Executive Summary: Tri Scapes, Inc. has volunteered to adopt Freedom Park and provide maintenance and landscaping services. Funding and Fiscal Impact: The FY2016 budget contemplated hiring a landscaping company to maintain and improve the appearance of Freedom Park. Tri Scapes, I nc. approached the City of Milton and offered to provide these services at no charge. This is a continuation of a service they provide in other cities. Alternatives: We can bid out this work and pay for it. If we do, Tri Scapes would most likely be a bidder along with several other local contractors. Page 2 of 2 Legal Review: Ken Jarrard – Jarrard & Davis (March 23, 2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): 1) Right of Entry, Indemnification and Maintenance Agreement RIGHT OF ENTRY, INDEMNIFICATION AND MAINTENANCE AGREEMENT THIS Right of Entry, Indemnification and Maintenance Agreement (hereinafter the "Agreement"), made this day of , by the City of Milton, Georgia ("City"), a Georgia municipal corporation, in favor of Tri Scapes, Inc., a State of Georgia domestic, for profit corporation ("Tri Scapes") (City and Tri Scapes are hereinafter referred to as the "Parties"). For good and valuable consideration, the receipt and sufficiency of which are acknowledged as adequate by the signatures affixed hereto, the Parties hereby covenant and agree as follows: 1. RIGHT OF ENTRY The City does hereby grant Tri Scapes and its authorized agents a non-exclusive right of entry upon its property located at 13200 Deerfield Parkway, otherwise known as Freedom Park, for the purpose of park maintenance. Tri Scapes agrees: 1. To reasonably maintain Freedom Park, at no charge to the City; 2. That maintenance, for purpose of this Agreement, shall include the routine and ongoing mowing and edging of the grass, pruning of trees and shrubs, and the spreading of mulch; 3. That the City will provide mulch to Tri Scapes; 4. That the Milton Director of Parks and Recreation shall be the primary point of contact with respect to feedback, guidance, and direction regarding the level and scope of maintenance or any deficiencies in maintenance; 5. That the level of maintenance at Freedom Park shall be to a standard mutually agreed upon by the Parties, but in no event shall the level of maintenance be at a standard that is less than the standard of maintenance of other City parks in the City park system; 6. To indemnify and hold harmless the City and its authorized agents from and against any and all claims of damage resulting from Tri Scapes entry onto the property and the performance of the above -referenced maintenance obligations, as is further explained in paragraph 2; 7. That the right of entry begins on the date of both Parties signing this Agreement and expires upon the termination by the City or upon notice of withdrawal from the Agreement by Tri Scapes, as is further explained in paragraph 3; 8. That it is acting wholly independent from the City, that Tri Scapes is not an agent of the City, and that no conduct or action of Tri Scapes within the course of providing maintenance under this Agreement, or otherwise, can or should be imputed to the City 9. That in no event will Tri Scapes seek remuneration, payment, or compensation — however defined — for providing maintenance to Freedom Park as anticipated in this Agreement, it being the intent of Tri Scapes that this maintenance as anticipated hereunder is simply a benevolent act of civic charity aimed at promoting the health, safety and welfare of the citizens of Milton. 2. MAINTENANCE; INDEMNIFICATION Tri Scapes, its attorneys, consultants, agents, servants, partners, employees, heirs, successors, assigns, other representatives, and/or any other person acting on their behalf, hereby agrees to indemnify and hold the City, its attorneys, consultants, agents, servants, partners, employees, heirs, successors, assigns, elected officials, other representatives, and/or any other person acting on its behalf, harmless from and against any and all rights, claims, warranties, demands, debts, damages, accounts, agreements, obligations, liabilities, liens, costs, expenses, charges, losses, judgments and claims for attorneys' fees and/or expenses of litigation, and causes of action of any kind or nature, at law or in equity, arising out of entry onto or maintenance of Freedom Park. Tri Scapes agrees and warrants, by its signature below, that there is adequate consideration flowing to Tri Scapes to support this indemnity and that no challenge to this Agreement or the indemnity provided hereunder, related to lack of consideration may be or will be brought. 3. DURATION OF AGREEMENT This Agreement shall commence on the date of execution and shall continue and remain in full force and effect until such time as the City terminates the Agreement via formal Council action or Tri Scapes withdraws from the Agreement by providing notice 2 to the City of same. Either party may terminate or withdraw for convenience and with no prior notice to the other. IN WITNESS WHEREOF, Tri Scapes has executed this Agreement at Milton, Georgia, Fulton County, as of the day and year first above written. Tri Scapes, Inc. VS « President Attest: Secretary [AFFIX CORPORATE SEAL] Signed, Sealed and delivered in the presence of: FICIAL W: NOTARY PUBLIC My Commission Expires: (NOTARY SEAL) Consented to: 40H *, MAR 19 2019 <; `a ® Co..G �V`� THE CITY OF MILTON, GEORGIA Attest: 3 Clerk to the City Council I HOME OF'1HE BEST QUALITY OOF LIFE IN GEORGIA' MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the Defined Benefit Pension Plan to Reduce the Qualifications for Normal Retirement to Attainment of 65 and 5 Years of Total Credited Service. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (."OAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.)APES () NO CITY ATTORNEY REVIEW REQUIRED: (,J.YES () NO APPROVAL BY CITY ATTORNEY k,J-APPROVED NOT APPROVED PLACED ON AGENDA FOR: G412 -021711L, REMARKS PHOyyoulin 678®.25001 FAX: 678.242.2499�fie211� into®cifyolmigonga.us I w .cilyo6niltonga.us m_i Community QA, / 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on April 1, 2016 for May 2, 2016 Regular Council Meeting (First Presentation at the April 25, 2016 Regular Council Meeting) Agenda Item: Consideration of an Ordinance to Amend the Defined Benefit Pension Plan to Reduce the Qualifications for Normal Retirement to Attainment of Age 65 and 5 Years of Total Credited Service. ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance amending the current defined benefit pension plan. Executive Summary: The attached plan design change would allow employees to reach normal retirement at age 65 with 5 years of credited service. Our current vesting schedule would require 7 years of service. Funding and Fiscal Impact: This change would have minimal impact on the funding of the defined benefit pension. Alternatives: Other Council directed action. Legal Review: Megan Martin, Jarrard & Davis Steve Cornelison, Stewart, Melvin and Frost April 7, 2016 Concurrent Review: Steven Krokoff, Interim City Manager Carter Lucas, Assistant City Manager Attachment(s): Plan Documents RISK MANAGEMENT AND EMPLOYEE BENEFIT SERVICES BOARD OF TRUSTEES Chairman Boyd Austin Mayor, Dallas Vice Chairman Kenneth L. Usry Mayor, Thomson Secretary-Treasurer Lamar Norton GMA Executive Director Trustees: Linda Blechinger Mayor, Auburn Keith Brady Mayor, Newnan Billy Edwards City Manager, Hinesville Elizabeth M. English Mayor Pro Tem, Vienna Jason Holt Councilmember, Fitzgerald Meg Kelsey Deputy City Manager Finance Officer, LaGrange David Nunn City Manager, Madison James F. Palmer Mayor, Calhoun W.D. Palmer, III Councilmember, Camilla Pete Pyrzenski City Manager, Commerce Kenneth E. Smith, Sr. Mayor, Kingsland Rebecca Tydings City Attorney, Centerville Vince Williams Mayor, Union City The Burgess Building • 201 Pryor Street, SW • Atlanta, GA 30303-3606 • Tel 404.688.0472 • Toll Free 1.888.488.4462 • Website www.gmanet.com Mailing Address: PO Box 105377 • Atlanta, GA 30348 April 15, 2016 TRANSMITTED VIA EMAIL AND U.S. MAIL (sam.trager@cityofmiltonga.us) Mr. Sam Trager Director of Human Resources City of Milton 13000 Deerfield Parkway Suite 107-A Milton, Georgia 30004-6119 RE: City of Milton Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan; Amendment to Reduce Qualifications for Normal Retirement to Attainment of Age 65 and Completion of 5 Years of Total Credited Service Dear Mr. Trager: As requested, enclosed are two (2) copies of a revised draft amended Adoption Agreement and two (2) copies of a draft General Addendum for the City of Milton’s Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan (Plan). The amendment changes the qualifications for Normal Retirement (for employees other than the City Manager employed by the City on or after April 1, 2007 and prior to July 1, 2014) from attainment of age 65 and completion of 7 years of total credited service to attainment of age 65 and completion of 5 years of total credited service (see Adoption Agreement, p. 14). Note that the attached documents do not amend the Plan’s vesting requirements. Finally, Section 3 on the prior General Addendum has been removed considering that the GMEBS Master Plan no longer contains a waiting period. The Adoption Agreement provides that the amended Plan documents would take effect on May 3, 2016. Please note that per O.C.G.A. § 47-5-40, the Adoption Agreement has been drafted in the form of an ordinance. If the draft Adoption Agreement and General Addendum are acceptable as drafted, please have the designated representatives sign and date two (2) copies of the Adoption Agreement and General Addendum where indicated (p. 35 and p. 5, respectively) and return all executed originals to: Ms. Gina Shirley GMA Legal Assistant c/o Georgia Municipal Association P.O. Box 105377 Atlanta, GA 30348 We will then countersign each document. We will keep one original executed Adoption Agreement and General Addendum for our files and return the other executed originals to you. Mr. Sam Trager April 15, 2016 Page 2 Upon adoption, the executed Adoption Agreement and General Addendum will replace the previous documents that became effective July 1, 2014. If you wish to keep the previous Adoption Agreement and General Addendum for record-keeping purposes, we suggest that you mark them “superseded by May 3, 2016 Adoption Agreement and General Addendum.” Please let me know if you have any questions about, or revisions to, the draft documents. Sincerely, Gwin Hall Senior Associate General Counsel Encl. C: Ms. Stacey Inglis, Assistant City Manager, City of Milton (w/ encl.) Ms. Sudie Gordon, City Clerk, City of Milton (w/ encl.) Mr. Ken Jarrard, City Attorney, City of Milton (w/ encl.) Ms. Marinetty Bienvenu, Director, Employee Benefit Services (w/o encl.) Mr. Randy Logan, Director, Retirement Field Services and DC Program (w/o encl.) Mr. Sam L. Brannen, Jr., Associate General Counsel (w/o encl.) City of Milton (Amended Effective May 3, 2016) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN AN ORDINANCE and ADOPTION AGREEMENT for City of Milton Form Volume Submitter Adoption Agreement Amended and Restated as of January 1, 2007 (With Amendments Effective Through July 1, 2015) – i – City of Milton (Amended Effective May 3, 2016) TABLE OF CONTENTS PAGE I. AN ORDINANCE .......................................................................................................................1 II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT ..............2 1. ADMINISTRATOR ................................................................................................2 2. ADOPTING EMPLOYER .......................................................................................2 3. GOVERNING AUTHORITY .................................................................................2 4. PLAN REPRESENTATIVE ....................................................................................2 5. PENSION COMMITTEE ........................................................................................3 6. TYPE OF ADOPTION ............................................................................................3 7. EFFECTIVE DATE .................................................................................................3 8. PLAN YEAR ...........................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES ...............................................................5 A. Eligible Regular Employees ........................................................................5 B. Elected or Appointed Members of the Governing Authority ......................5 10. ELIGIBILITY CONDITIONS.................................................................................6 A. Hours Per Week (Regular Employees) ........................................................6 B. Months Per Year (Regular Employees) .......................................................6 11. WAITING PERIOD .................................................................................................7 12. ESTABLISHING PARTICIPATION IN THE PLAN ............................................7 13. CREDITED SERVICE ............................................................................................8 A. Credited Past Service with Adopting Employer ..........................................8 B. Prior Military Service ..................................................................................9 C. Prior Governmental Service .......................................................................10 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) .....................................................................12 14. RETIREMENT ELIGIBILITY ..............................................................................13 A. Early Retirement Qualifications ................................................................13 B. Normal Retirement Qualifications .............................................................14 C. Alternative Normal Retirement Qualifications ..........................................16 D. Disability Benefit Qualifications ...............................................................19 15. RETIREMENT BENEFIT COMPUTATION .......................................................20 A. Maximum Total Credited Service ..............................................................20 B. Monthly Normal Retirement Benefit Amount ...........................................20 C. Monthly Early Retirement Benefit Amount ..............................................23 D. Monthly Late Retirement Benefit Amount (check one): ...........................24 E. Monthly Disability Benefit Amount ..........................................................24 F. Minimum/Maximum Benefit For Elected Officials ..................................25 16. SUSPENSION OF BENEFITS; COLA ................................................................25 A. Re-Employment After Normal or Early Retirement (see Master Plan Section 6.06(h) Regarding Re-Employment After Disability Retirement) ......................................................................25 – ii – City of Milton (Amended Effective May 3, 2016) B. Cost Of Living Adjustment ........................................................................27 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING ..............................................................................................................27 A. Eligible Regular Employees ......................................................................27 B. Elected or Appointed Members of the Governing Authority ....................28 18. PRE-RETIREMENT DEATH BENEFITS ...........................................................29 A. In-Service Death Benefit ............................................................................29 B. Terminated Vested Death Benefit ..............................................................30 19. EMPLOYEE CONTRIBUTIONS .........................................................................31 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT .......................................................................................................32 21. TERMINATION OF THE ADOPTION AGREEMENT ......................................32 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS ...................................................................................................32 City of Milton (Amended Effective May 3, 2016) I. AN ORDINANCE An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is hereby ordained by the authority thereof: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. Ordinance continued on page 35 - 2 – City of Milton (Amended Effective May 3, 2016) II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1. ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: City of Milton, Georgia 3. GOVERNING AUTHORITY Name: Mayor and Council Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 4. PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Section 2.49 of Master Plan) Name: Director of Operations Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 - 3 – City of Milton (Amended Effective May 3, 2016) 5. PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 6. TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the Adopting Employer's preexisting non-GMEBS defined benefit plan. This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): To update the Plan to comply with PPA, HEART, WRERA, and other applicable federal laws and guidance. To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement): This is an amendment to change the qualifications for Normal Retirement from attainment of age 65 and completion of seven (7) years of Total Credited Service to attainment of age 65 and completion of five (5) years of Total Credited Service (see Adoption Agreement, p. 14); provided, however, that this amendments shall not apply with respect to City Managers employed by the City on or after April 1, 2007 and prior to July 1, 2014. 7. EFFECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a - 4 – City of Milton (Amended Effective May 3, 2016) governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART"); and the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"); and Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76 (the 2012 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART, WRERA, and the 2012 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is . (insert effective date of this Adoption Agreement not earlier than January 1, 2013). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is intended to replace and serve as an amendment and restatement of the Employer’s preexisting plan, which became effective on (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be May 3, 2016 (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on July 1, 2014 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective April 1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) - 5 – City of Milton (Amended Effective May 3, 2016) 8. PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing . Other (must specify month and day commencing): January 1 – December 31. 9. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): (1) Employees who are initially employed by the City on or after July 1, 2014; and (2) Employees who are reemployed by the City on or after July 1, 2014 (see General Addendum Sections 2 and 14 for additional provisions concerning effect of reemployment on or after July 1, 2014). B. Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: (1) Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. - 6 – City of Milton (Amended Effective May 3, 2016) Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): . (2) Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): . Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): . 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Employees) The Adopting Employer may specify a minimum number of work hours per week which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled) Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): . Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) B. Months Per Year (Regular Employees) The Adopting Employer may specify a minimum number of work months per year which are required to be scheduled by Regular Employees in order for them to become and remain - 7 – City of Milton (Amended Effective May 3, 2016) "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 6 months per year (regularly scheduled) Other: . Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Regular Employees to whom exception applies (must specify): . The months to year requirement for excepted class(es) are: No minimum At least _______ months per year (regularly scheduled) Other: . 11. WAITING PERIOD Except as otherwise provided in Section 4.02(b) of the Master Plan, Eligible Regular Employees shall not have a waiting period before participating in the Plan. Likewise, elected or appointed members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating in the Plan. 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement, except as provided in Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): None (Participation is mandatory for all Eligible Employees except as provided in Section 4.03(e) of the Master Plan). Participation is optional for the following Eligible Employees (must specify; all individuals or classes specified must be Eligible Employees): __________________ ____________________________________________________________________. - 8 – City of Milton (Amended Effective May 3, 2016) 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: A. Credited Past Service with Adopting Employer Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to ____________________________ (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation): . No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. - 9 – City of Milton (Amended Effective May 3, 2016) No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (must specify): Notwithstanding any provision herein to the contrary, if an Employee who was not employed on the original Effective Date of the City’s GMEBS Plan (April 1, 2007) first becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in this Plan and his/her service with the City prior to the original Effective Date of the Plan will not be taken into account under this Plan for any purpose. (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. Prior Military Service Note: This Section does not concern military service required to be credited under USERRA – See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): Prior Military Service is not creditable under the Plan (if checked, skip to Section 13.C. – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. - 10 – City of Milton (Amended Effective May 3, 2016) Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify): . (4) Payment for Prior Military Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify): . Other Conditions for Award of Prior Military Service Credit (must specify): . (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" is defined as set forth in the Service Credit Purchase Addendum. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. C. Prior Governmental Service Note: A Participant’s prior service with other GMEBS employers shall be credited for purposes of satisfying the minimum service requirements for Vesting and eligibility for Retirement and pre-retirement death benefits as provided under Section 9.05 of the Master - 11 – City of Milton (Amended Effective May 3, 2016) Plan, relating to portability service. This Section 13(C) does not need to be completed in order for Participants to receive this portability service credit pursuant to Section 9.05 of the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. – Unused Sick/Vacation Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): . Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. - 12 – City of Milton (Amended Effective May 3, 2016) Other requirement (must specify): . (5) Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): . Other Conditions for Award of Prior Governmental Service Credit (must specify): . D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant, for which the Participant is not paid, as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off: Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 – Retirement Eligibility). The following types of unused paid time off for which the Participant is not paid shall be treated as Credited Service under the Plan (check one or more as applicable): Unused sick leave Unused vacation leave Unused personal leave - 13 – City of Milton (Amended Effective May 3, 2016) Other paid time off (must specify, subject to limitations in Section 3.01 of Master Plan): . (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). Other (must specify, subject to limitations in Section 3.01 of Master Plan): . (3) Use of Unused Paid Time Off Credit. Unused paid time off for which the Participant is not paid shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off for which the Participant is not paid shall be limited to a maximum of ____ months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (6) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan): . 14. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable): Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service - 14 – City of Milton (Amended Effective May 3, 2016) Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): . Early retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service B. Normal Retirement Qualifications Note: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (insert number) Completion of 5 years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): City Managers employed by the City on or after April 1, 2007 and prior to July 1, 2014 (Employees initially employed or reemployed on or after July 1, 2014 are not eligible to participate in the Plan – see Section 9 above and Sections 2 and 13 of General Addendum). Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age 65 (insert number) - 15 – City of Milton (Amended Effective May 3, 2016) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. (2) Elected or Appointed Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below to whom the different requirements apply and indicate below the requirements applicable to them. Particular elected or appointed members of the Governing Authority or Municipal Legal Officers to whom exception applies (must specify): . Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal Officers are (check one or more as applicable): Attainment of age _________ (insert number) - 16 – City of Milton (Amended Effective May 3, 2016) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. C. Alternative Normal Retirement Qualifications The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) Not applicable (the Adopting Employer does not offer alternative normal retirement benefits under the Plan). (2) Alternative Minimum Age & Service Qualifications (if checked, please complete one or more items below, as applicable): Attainment of age ___ (insert number) Completion of __ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. - 17 – City of Milton (Amended Effective May 3, 2016) Only the following Participants (must specify): A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): (3) Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one or more items below, as applicable): Must have attained at least age ______ (insert number) Must not satisfy any minimum age requirement In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): . (4) Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. - 18 – City of Milton (Amended Effective May 3, 2016) In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum service requirement specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): . (5) Other Alternative Normal Retirement Benefit. Must specify qualifications: . In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): . - 19 – City of Milton (Amended Effective May 3, 2016) A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): . (6) Other Alternative Normal Retirement Benefit for Public Safety Employees Only. Must specify qualifications: . In-Service Distribution to Eligible Employees who are Public Safety Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 50 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All public safety employee Participants who qualify. Only the following public safety employee Participants (must specify): . A public safety employee Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): . Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. D. Disability Benefit Qualifications Subject to the other terms and conditions of the Master Plan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.23 of the - 20 – City of Milton (Amended Effective May 3, 2016) Master Plan. The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.24 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service (check one): Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). No minimum. _______ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): . 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one or all that apply): not limited. limited to _________ years for all Participants. limited to ________ years for the following classes of Eligible Regular Employees: All Eligible Regular Employees. Only the following Eligible Regular Employees: . limited to _______ years as an elected or appointed member of the Governing Authority. limited to _______ years as a Municipal Legal Officer. Other (must specify): . B. Monthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. - 21 – City of Milton (Amended Effective May 3, 2016) This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . (b) Alternative Flat Percentage Formula. ______% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify): . (c) Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . (d) Alternative Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants. Only the following Participants (must specify): . [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.] (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): (a) A.I.M.E. Covered Compensation as defined in Section 2.18 of the Master Plan. This definition of Covered Compensation shall apply to (check one): - 22 – City of Milton (Amended Effective May 3, 2016) All Participants who are Regular Employees. Only the following Participants (must specify): . (b) Dynamic Break Point Covered Compensation as defined in Section 2.19 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (c) Table Break Point Covered Compensation as defined in Section 2.20 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following class(es) of Participants (must specify): . (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $_______________ (specify amount). This definition shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for the 60 (insert number not to exceed 60) consecutive months of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest, multiplied by 12. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . [Repeat above subsection as necessary for each applicable definition and Participant class covered under the Plan.] (4) Formula for Elected or Appointed Members of the Governing Authority The monthly normal retirement benefit for members of this class shall be as follows (check one): Not applicable (elected or appointed members of the Governing Authority or Municipal Legal Officers are not permitted to participate in the Plan). - 23 – City of Milton (Amended Effective May 3, 2016) $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify): . [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shall apply to: All Participants. Only the following Participants (must specify): . (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: All Participants. Only the following Participants (must specify): Those who are employed with the City as of June 30, 2014, provided they do not become reemployed by the City on or after July 1, 2014. The standard early retirement reduction table in Master Plan Section 12.01 will apply to all other Participants. - 24 – City of Milton (Amended Effective May 3, 2016) Alternative Early Retirement Reduction Table Number of Years Before Age _65 (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.97 2 0.94 3 0.91 4 0.88 5 0.85 6 0.82 7 0.79 8 0.76 9 0.73 10 0.70 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ *Interpolate for whole months D. Monthly Late Retirement Benefit Amount (check one): (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. (2) The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.05 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. E. Monthly Disability Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): - 25 – City of Milton (Amended Effective May 3, 2016) Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). No minimum is established. No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability, less any monthly benefits paid from federal Social Security benefits as a result of disability as reported by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) Note: The Adopting Employer is responsible for reporting to GMEBS any amounts to be used in an offset. F. Minimum/Maximum Benefit For Elected Officials In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). No minimum or maximum applies. Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other minimum or maximum (must specify): . 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early Retirement and Following Bona Fide Separation of Service (see Master Plan Section - 26 – City of Milton (Amended Effective May 3, 2016) 6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement) (1) Reemployment After Normal or Alternative Normal Retirement. In the event that a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as defined in the Plan) after his Normal or Alternative Normal Retirement Date and after a Bona Fide Separation from Service, or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) due to the addition of such class to the Plan after his Normal or Alternative Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. (b) The Participant may continue to receive his retirement benefit in accordance with Section 6.06(b) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): . (2) Reemployment After Early Retirement. In the event a Participant Retires with an Early Retirement benefit after a Bona Fide Separation from Service 1) is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date; or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) before his Normal Retirement Date due to the addition of such class to the Plan, the following rule shall apply (check one or more as applicable): (a) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify): ___________________________________________________________. (b) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan. However, the Participant may begin receiving benefits after he satisfies the qualifications for Normal Retirement or Alternative Normal Retirement, as applicable, and after satisfying the minimum age parameters of Section 6.06(a)(3) of the Master Plan, in accordance with Section 6.06(b)(2)(B)(i) of the Master Plan. - 27 – City of Milton (Amended Effective May 3, 2016) This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify): ___________________________________________________________. (c) The Participant's Early Retirement benefit shall continue in accordance with Section 6.06(b)(2)(B)(ii) of the Master Plan. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify): ___________________________________________________________. B. Cost Of Living Adjustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): (1) No cost-of-living adjustment. (2) Variable Annual cost-of-living adjustment not to exceed ______% (insert percentage). (3) Fixed annual cost-of-living adjustment equal to ______% (insert percentage). The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): All Participants (and their Beneficiaries). Participants (and their Beneficiaries) who terminate employment on or after __________________ (insert date). Other (must specify): . The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, the Adjustment Date shall be January 1): ______________________________________________. 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): - 28 – City of Milton (Amended Effective May 3, 2016) No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): City Manager. Vesting Schedule for excepted class (must specify): Immediate Vesting (no vesting requirement). B. Elected or Appointed Members of the Governing Authority Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): Not applicable (elected or appointed members of the Governing Authority are not permitted to participate in the Plan). No vesting schedule (immediate vesting). Other vesting schedule (must specify): . - 29 – City of Milton (Amended Effective May 3, 2016) 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): The Participant must be vested in a normal retirement benefit. The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement. Other eligibility requirement (must specify): . (2) Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible upon satisfying the eligibility requirements of Section 8.02(c) of the Master Plan. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): . Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other fraction) of the Service between such date of death and what would - 30 – City of Milton (Amended Effective May 3, 2016) otherwise have been the Participant's Normal Retirement Date. (See Master Plan Section 8.02(b) regarding 10-year cap on additional Credited Service.) Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): . Participants to whom alternative death benefit applies (must specify): . Eligibility conditions for alternative death benefit (must specify): . B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. (2) Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit - 31 – City of Milton (Amended Effective May 3, 2016) payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): . Participants to whom alternative death benefit applies (must specify): . Eligibility conditions for alternative death benefit (must specify): . 19. EMPLOYEE CONTRIBUTIONS (1) Employee contributions (check one): Are not required. Are required in the amount of _____ % (insert percentage) of Earnings for all Participants. Are required in the amount of 3.0 % (insert percentage) of Earnings for Participants in the following classes (must specify): Eligible Regular Employees employed on or after April 1, 2007, commencing with the first payroll period beginning on or after April 1, 2007. [Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick - 32 – City of Milton (Amended Effective May 3, 2016) up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k)-1(a)(3)) with respect to the designated Employee Contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. Other rate of interest (must specify rate, subject to the provisions of Section 13.06 of the Master Plan Document): . 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. 21. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this ordinance. The Adoption - 33 – City of Milton (Amended Effective May 3, 2016) Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter _____________ dated ____________, 20___. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688-0472. The primary person to contact is: GMEBS Legal Counsel. - 34 – City of Milton (Amended Effective May 3, 2016) Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes Ice Miller LLP, Legal Counsel, the volume submitter practitioner who sponsors the Plan on behalf of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2011-49, and Announcement 2005-37. Employer notice and signature requirements were met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: • the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2011-49; or • as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. - 35 – City of Milton (Amended Effective May 3, 2016) AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated his office with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be May 3, 2016. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of _____________________, 20_____. Attest: CITY OF MILTON, GEORGIA City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary City of Milton (Amended Effective May 3, 2016) GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, as follows (complete one or more sections, as applicable): ***Item (1) of Pre –Approved Addendum – Not Applicable*** (2) Discontinuance of participation in the Plan by one or more Departments or classes of Employees (for amendment of Adoption Agreement only - see Section 9 of Adoption Agreement): (a) DB Plan Participation Closed to Employees Initially Employed or Reemployed on or after July 1, 2014 – Any Employee who is initially employed or reemployed by the City of Milton or after July 1, 2014 will not participate in the DB Plan (this Plan) with respect to his/her Service and Earnings on or after the date of such initial employment or reemployment. Eligible Regular Employees who are employed with the City as of June 30, 2014 will remain in the DB Plan (this Plan), subject to the eligibility requirements of this Plan, and except as otherwise provided in subsections 2(b) and Section 14 below concerning the effect of becoming reemployed. An Employee who is employed with the City as of June 30, 2014 but who does not satisfy the eligibility requirements (e.g., hour per week or month per year requirement) to participate in this Plan as of such date, and who, without terminating and becoming reemployed by the City, meets the eligibility requirements to participate in this Plan on or after July 1, 2014 shall become a Participant in this Plan upon satisfying such eligibility requirements, subject to subsection 2(b) and Section 14 below concerning the effect of becoming reemployed. (b) Employed as of June 30, 2014; Effect of Termination & Reemployment – If an Eligible Regular Employee who is employed with the City as of June 30, 2014 terminates employment and becomes reemployed by the City on or after July 1, 2014, said Employee will not be eligible to participate in the DB - 2 - City of Milton (Amended Effective May 3, 2016) Plan (this Plan) with respect to his/her Service and Earnings with the City on or after said reemployment date. In addition, said Eligible Regular Employee’s vested status, the Eligible Regular Employee’s eligibility for retirement and pre-retirement death benefits, and the amount of any benefits payable to or on behalf of the Eligible Regular Employee under the DB Plan (this Plan), if any, with respect to the Eligible Regular Employee’s Service with the City prior to said reemployment date will be determined based upon the Eligible Regular Employee’s Credited Service and his/her Final Average Earnings as of the date of his or her termination of employment preceding the date he/she is first reemployed by the City on or after July 1, 2014. Notwithstanding the provision above concerning determination of vested status, portability service with other GMEBS Retirement Fund member employers will be taken into account as provided under subsection 2(d) below. Service and Earnings on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan) (e.g., for purposes of becoming vested under the DB Plan, meeting benefit eligibility requirements, or computing the amount of benefits payable, if any, under the DB Plan). See also Section 14 of this Addendum regarding Frozen Plan Provisions. (c) Former Employees Not Employed on June 30, 2014 Who Become Reemployed or after July 1, 2014 – If a former Employee of the City who is not employed with the City as of June 30, 2014 becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in the DB Plan (this Plan) with respect to his or her Service and Earnings with the City on or after the date on which he or she is reemployed. The Employee’s vested status, the Employee’s eligibility for retirement and pre-retirement benefits, and the amount of any benefits payable under this Plan, if any, with respect to the Employee’s Service with the City prior to said reemployment date will be determined in accordance with the applicable terms of this Plan, if any, in effect as of the date of the Employee’s most recent termination from the City preceding the date on which he or she is first reemployed by the City on or after July 1, 2014, and the Employee’s Credited Service and Final Average Earnings with the City, if any, as of said termination date. Notwithstanding the - 3 - City of Milton (Amended Effective May 3, 2016) provision above concerning determination of vested status, portability service will be taken into account as provided under subsection 2(d) below. Service and Earnings with the City on or after said reemployment date will not be taken into account for any purpose under this Plan (e.g., for purposes of becoming vested, meeting benefit eligibility requirements, or computing the amount of benefits payable under this Plan). See also Section 14 of this Addendum regarding Frozen Plan Provisions. (d) GMEBS Portability Service – Credited Service under the defined benefit retirement plans of other GMEBS Retirement Fund member employers (portability service) will continue to be taken into account under this Plan in accordance with the GMEBS Master Plan (solely for purposes of determining vested status and eligibility for retirement benefits under this Plan) with respect to: (1) Eligible Regular Employees who are employed with the City as of June 30, 2014; and (2) former Eligible Regular Employees of the City not employed with the City as of June 30, 2014 who previously participated in the DB Plan (this Plan), provided they do not become reemployed by the City on or after July 1, 2014. If an Employee or former Employee described in this subsection 2(d)(1) – (2) becomes reemployed with the City on or after July 1, 2014, then any portability service on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan), notwithstanding any provision of the Master Plan to the contrary. ***Items (3) through (13) of Pre–Approved Addendum–Not Applicable*** (14) Frozen Plan Provisions (for amendment of Adoption Agreement only – see Section 9 of Adoption Agreement regarding Classes of Eligible Employees): (a) Plan Freeze - The Plan is "frozen" effective as of July 1, 2014 (specify date). The Plan shall be subject to all provisions of the Adoption Agreement and Master Plan, except as otherwise provided herein, and the Employer shall continue to maintain the Plan's qualified status. The Plan shall be frozen, as follows (check as applicable): - 4 - City of Milton (Amended Effective May 3, 2016) (i) The Plan shall be frozen with respect to the following class(es) of Eligible Employees (one or more as applicable): all Participants; all Eligible Regular Employees; Members of the Governing Authority; Municipal Legal Officers; other (must specify): Employees initially employed or reemployed on or after July 1, 2014. (ii) Active Participants in the affected class(es) of Eligible Employees as of the freeze effective date shall be vested in their normal retirement benefits accrued as of the effective date of the freeze to the extent funded notwithstanding any provision of the Adoption Agreement to the contrary. (iii) Employees who are (check all that apply): employed by the Employer or in office as of _________ (specify date), first employed on or after July 1, 2014 (specify date), first take office on or after ___________ (specify date), reemployed on or after July 1, 2014 (specify date), return to office (following a vacation of office) on or after __________ (specify date), shall not be eligible to participate in the Plan on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date). (iv) With respect to Employees designated in paragraph (iii) above, Earnings on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) shall not be taken into account for purposes of the Plan. (v) The Employees designated in paragraph (iii) above shall not be credited with service for the Employer on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) for purposes of (check all that apply): computing the amount of benefits payable; meeting minimum service requirements - 5 - City of Milton (Amended Effective May 3, 2016) for participation and vesting; meeting minimum service requirements for benefit eligibility under the Plan. (vi) The following additional provisions shall apply as a result of the freeze (must specify): See General Addendum Section 2 for additional provisions concerning Plan freeze. The terms of the foregoing Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Milton, Georgia this ________ day of _____________, 2016. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary 12 HOME OF'THE BEST QUALITY Of LIO EORGIA' M1LTLS1ABL1SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of an Amendment of Chapter 56, Article III of the City of Milton Code of Ordinances to Update the Maximum Speed Limit Table. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (?'APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,1 GES (/ NO CITY ATTORNEY REVIEW REQUIRED: (+/'GES (/ NO APPROVAL BY CITY ATTORNEY (-1,ATPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Ov(sil-Adv REMARKS ©y Your tffl �Greelli ' PRONE: 678.242.25001 FAX: 678.242.2499 w; Community 1�, a��rrd Q. inloftKyofmlXon®a.us I w .cifyolmlfonga.us 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Public Works Director Date: Submitted on April 13th , 2016 for the April 25th, 2016 Regular Council Meeting Agenda Item: Consideration of an Amendment of Chapter 56 Article III of the City of Milton Code of Ordinances to Update the Maximum Speed Limit Table ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This is a periodic update the city radar permit to include the following revisions: 1. Update of the speed limit along SR 372 from 0.15 miles south of Green Road to 0.22 miles north of Saddle Creek Drive to allow the use of radar at the posted speed limit of 35 mph. 2. Add Cox Road at a posted speed limit of 40 mph. 3. Add residential streets Hipworth Road, Laconia Lane, McFarlin Lane, Morning Park Circle, Owens Lake Road, Quayside Drive and Waterside Drive at 25 mph. 4. Lower the speed limit on Mayfield Road from 45 mph to 35 mph. 5. Lower the speed limit on Providence Road from SR 372 to Freemanville Road from 45 mph to 40 mph. 6. Delete Creek Club Drive, Copper Creek Circle, Morning Mountain Way and Wolf Willow Close – all located within the Crooked Creek Subdivision- from the permit. Funding and Fiscal Impact: N/A Alternatives: The council may elect not to accept the modified speed limits. Radar may not be used to enforce speed limits that are not posted at the approved limits. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (04-08-16) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Ordinance and List of Approved Roads LIST NUMBER 04-2016-01 Page 1 of 5 The City Council of the City of Milton is hereby requesting that the following roadways be approved for the use of speed detection devices: LIST OF ROADWAYS for CITY OF MILTON ON-SYSTEM ****SCHOOL ZONES ARE EFFECTIVE**** A.M. from 45 minutes prior to the earliest commencement time to 15 minutes after the latest commencement time – SCHOOL DAYS ONLY. P.M. from 15 minutes prior to the earliest dismissal time to 45 minutes after the latest dismissal time – SCHOOL DAYS ONLY. STATE ROUTE WITHIN THE CITY/ TOWN LIMITS OF and/or School Name FROM MILE POINT TO MILE POINT LENGTH IN MILES SPEED LIMIT 9 MILTON Windward Pkwy. (N. Alpharetta City Limits) 27.04 Forsyth County Line 30.10 3.06 45 140 MILTON Cherokee County Line 0.00 0.15 mi. south of Green Road 3.01 3.01 45 372 * MILTON 0.03 mi. north of Green Road 0.57 0.11 mi. south of Spring Falls Road 2.08 1.51 35 372 **** SCHOOL ZONE **** MILTON Crabapple Crossing Elementary School & Northwestern Middle School 0.39 mi. south of Kensington Farms Drive 1.33 0.18 mi. north of Kensington Farms Drive 1.90 0.57 25 372 MILTON 0.11 mi. south of Spring Falls Road 2.08 0.47 mi. north of Nix Road 7.02 4.94 45 372 **** SCHOOL ZONE **** MILTON Birmingham Falls Elementary School 528 feet north of Wood Road 5.26 0.30 mi. north of Wood Road 5.46 0.20 35 372 MILTON 0.47 mi. north of Nix Road 7.02 0.10 mi. north of New Bullpen Road 7.49 0.47 45 372 MILTON 0.10 mi. north of New Bullpen Road 7.49 Cherokee County Line 8.89 1.40 45 LIST NUMBER 04-2016-01 Page 2 of 5 OFF-SYSTEM ROAD NAME WITHIN THE CITY / TOWN LIMITS OF and/or School Name FROM TO LENGTH IN MILES SPEED LIMIT Affirmend Ct. MILTON Triple Crown Drive Cul-de-sac 0.31 25 Alpha Woods Drive MILTON Thompson Road Thomas Creek Court 0.28 25 Arabian Avenue MILTON New Providence Road Dead end 0.66 25 Avensong Crossing MILTON Deerfield Parkway Dead end 0.29 25 Avensong Ives Way MILTON Serenade Court Avensong Village Circle 0.27 25 Avensong Village Circle MILTON Avensong Ives Way Dead end 0.63 25 Barberry Drive MILTON The Hermitage Drive Cul-de-sac 0.48 25 Batesville Road MILTON Birmingham Highway Cherokee County Line 1.30 45 Bay Colt Road MILTON Dead end Dead end 0.61 25 Belleterre Drive MILTON Bethany Bend Dead end 0.64 25 Bethany Bend MILTON Hopewell Road SR 9 2.94 45 Bethany Bend *** SCHOOL ZONE *** MILTON Cambridge High School 0.11 mi. West of Cogburn Road 0.26 mi. East of Cogburn Road 0.37 35 Bethany Bend MILTON SR 9 McGinnis Ferry/Morris Rd. 1.37 40 Bethany Church Road MILTON Bethany Bend Dead end 0.53 25 Bethany Road MILTON Mayfield Road Haygood Road / Bethany Bend 2.00 40 Bethany Way MILTON Haygood Road / Bethany Road Hopewell Road 0.70 45 Birmingham Road MILTON SR 372 Freemanville Road 0.75 40 Birmingham Road MILTON Freemanvile Road Hopewell Road 1.95 45 Broadwell Road MILTON Crabapple Road Rucker Road 0.70 35 Brookshade Parkway MILTON Hopewell Road Oakhurst Leaf Drive 0.42 25 Cogburn Road MILTON Webb Road Bethany Bend 1.41 40 Cogburn Road *** SCHOOL ZONE *** MILTON Cogburn Woods Elementary School Hopewell Middle 343 feet south of Webb Road 800 feet north of Glaston Way 0.40 25 Cogburn Road *** SCHOOL ZONE *** MILTON Cambridge High School 0.34 mi. South of Bethany Bend 0.09 mi. North of Bethany Bend 0.43 35 Cogburn Road MILTON Bethany Bend Francis Road 1.34 40 Cowart Road MILTON Summit Road Providence Road 0.45 25 Cox Road MILTON SR 140 King Road 0.70 40 Deerfield Parkway MILTON Cumming Highway Windward Parkway 1.65 35 Dinsmore Road MILTON Freemanville Road Thompson Road 1.60 35 Dorris Road MILTON Providence Road Birmingham Highway 1.40 35 Double Springs Way MILTON Thompson Springs Drive Dead end 0.34 25 Page 3 of 5 LIST NUMBER 04-2016-01 ROAD NAME WITHIN THE CITY / TOWN LIMITS OF and/or School Name FROM TO LENGTH IN MILES SPEED LIMIT Drummond Pond Road MILTON North Valleyfield Road Dead end 0.38 25 East Bluff Road MILTON Thompson Road Dead end 1.12 25 Francis Road MILTON Cogburn Road Forsyth County Line 1.54 40 Freemanville Rd. MILTON Mayfield Road Providence Road 1.74 40 Freemanville Road *** SCHOOL ZONE *** MILTON Crabapple Crossing Elem. Northwestern Middle Milton High School 105feet North of Mayfield Road 1600 feet North of Mayfield Road 0.28 25 Freemanville Road MILTON Providence Road Mountain Road 4.75 45 Freemanwood Lane MILTON Freemanwood Road Dead end 0.40 25 Glen Hampton Drive MILTON White Columns Drive Dead end 0.36 25 Green Road MILTON SR140/Arnold Mill Road SR372/Crabapple Road 0.50 40 Hagood Rd. MILTON Bethany Way Redd Road 0.49 40 Hamby Road MILTON Hopewell Road Forsyth County Line 1.30 45 Hampton Bluff Drive MILTON White Columns Drive Dead end 0.39 25 Henderson Heights Drive MILTON Henderson Road Dead end 0.36 25 Henderson Road MILTON Freemanville Road Birmingham Road 1.40 35 Hickory Flat Road MILTON Birmingham Highway Cherokee County Line 1.70 45 Hipworth Road MILTON Freemanville Road Dead End 0.75 25 Holly Road MILTON SR 140 (Arnold Mill Road) Dead end 0.30 25 Hopewell Plantation Drive MILTON Hopewell Road Cogburn Road 1.50 25 Hopewell Road MILTON 353’ North of Vaughn Drive Forsyth County Line 7.70 45 Kensington Farms Drive MILTON SR 372 Cul-de-sac 0.86 25 Laconia Lane MILTON Freemanville Road Dead End 0.50 25 Laurel Grove Drive MILTON Dinsmore Road Dead end 0.41 25 Longstreet Road MILTON Hopewell Road Forsyth County Line 1.10 35 Mayfield Road MILTON Mid-Broadwell Road Freemanville Road 0.70 35 McFarlin Lane MILTON SR 372 Nakomis Place 0.52 25 McGinnis Ferry Road MILTON Morris Road SR 400 0.60 45 Mid-Broadwell Road MILTON Crabapple Road Charlotte Drive 0.35 40 Morning Park Circle MILTON Waterside Drive Morning Park Circle 0.66 25 Morris Road MILTON Deerfield Parkway McGinnis Ferry Road / Bethany Bend 1.38 35 Mountain Road MILTON Hopewell Road Freemanville Road 1.64 40 New Bullpen Road MILTON Birmingham Highway Cherokee County Line 0.78 40 Page 4 of 5 LIST NUMBER 04-2016-01 ROAD NAME WITHIN THE CITY / TOWN LIMITS OF and/or School Name FROM TO LENGTH IN MILES SPEED LIMIT New Providence Road MILTON Birmingham Highway Arnold Mill Road 3.50 45 New Providence Road *** SCHOOL ZONE *** MILTON Mill Springs Academy Providence Lake Point 1035 feet east of Providence Lake Point 0.20 25 North Brookshade Parkway MILTON Brookshade Parkway Dead end 0.32 25 North Valleyfield Road MILTON Dinsmore Road East Bluff Road 0.30 25 Oakhurst Leaf Drive MILTON Dead end Dead end 0.69 25 Oakstone Glen MILTON Cogburn Road Dead end 0.31 25 Owens Farm Road MILTON Birmingham Highway Old Cedar Lane 0.41 25 Owens Lake Road MILTON Owens Farm Road Owens Way 0.62 25 Petersford Way MILTON Kensignton Way Cul-de-sac 0.28 25 Phillips Road MILTON Hopewell Road Mountain Road 0.60 35 Pony Tail Road MILTON Five Acre Road Dead end 0.30 25 Providence Lake Drive MILTON New Providence Road Dead end 0.98 25 Providence Oaks Street MILTON Providence Road Dead end 0.45 25 Providence Park Drive MILTON Providence Road Dead end 0.41 25 Providence Plantation MILTON New Providence Road Blackmaral Lane 0.05 25 Providence Road MILTON SR 372 Freemanville Road 0.68 40 Providence Road MILTON Freemanville Road 1000 feet north of Lantern Ridge Drive 2.37 45 Providence Road *** SCHOOL ZONE *** MILTON Summit Hill Elementary School 2000 feet west of Cowart Road 175 feet east of Cowart Road 0.47 25 Quayside Drive MILTON SR 372 Cul-de-sac 1.22 25 Ranchette Road MILTON SR 140 / Arnold Mill Road New Providence Road 0.60 35 Redd Road MILTON Hopewell Road Freemanville Road 1.20 45 Sable Point Drive MILTON Henderson Road Dead end 0.26 25 Seabiscuit MILTON Affirmend Court Cul-de-sac 0.50 25 Serenade Court MILTON Bethany Bend Avensong Ives Way 0.54 25 Sonata lane MILTON Avensong Crossing Cul-de-sac 0.28 25 Stonebrook Farms Drive MILTON Thompson Road Dead end 0.33 25 Sweetbrier Drive MILTON Belleterre Drive Cul-de-sac 0.25 25 Taylor Road MILTON Batesville Road Birmingham Highway 1.40 45 The Hernitage Drive MITLON Cogburn road Cul-de-sac 0.50 25 Thompson Road MILTON Hopewell Road Redd Road 2.40 45 Thompson Road MILTON Hopewell Road Francis Road 1.70 45 Thompson Springs Drive MILTON Thompson Road Dead end 0.36 25 Page 5 of 5 LIST NUMBER 04-2016-01 ROAD NAME WITHIN THE CITY / TOWN LIMITS OF and/or School Name FROM TO LENGTH IN MILES SPEED LIMIT Thorntree Run MILTON Tullmore Way Cul-de-sac 0.31 25 Treyburn Manor View MILTON White Columns Drive Cul-de-sac 0.58 25 Treyburn Run MILTON Treyburn Manor View Treyburn Manor Drive 0.34 25 Treyburn Manor Drive MILTON White Columns Drive Treyburn Run 0.21 25 Triple Crown Court MILTON Triple Crown Drive Cul-de-sac 0.30 25 Triple Crown Drive MILTON SR 372 Cul-de-sac 0.88 25 Tullgean Drive MILTON Tullmore Way Cul-de-sac 0.59 25 Tullmore Way MILTON SR 372 Cul-de-sac 0.04 25 Webb Road MILTON Windward Parkway Dead end 1.32 35 Waterside Drive MILTON Green Road Waterside Drive 0.90 25 White Columns Drive MILTON Freemanville Road Cul-de-sac 1.34 25 Wood Road MILTON Phillips Circle SR 372 1.42 25 Wyndham Farms Drive MILTON Cogburn Road Dead end 0.47 25 ***SCHOOL ZONES ARE EFFECTIVE*** A.M. from 45 minutes prior to commencement time to 15 minutes after commencement time – SCHOOL DAYS ONLY. P.M. from 15 minutes prior to dismissal time to 45 minutes after dismissal time – SCHOOL DAYS ONLY. ALL LISTS AND PARTS OF LISTS IN CONFLICT WITH THIS LIST ARE HEREBY REPEALED. Signature of Governing Authority: Sworn and Subscribed before me Mayor This day of , . City Clerk, City of Milton 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO REVISE AND UPDATE SPEED ZONES AND REGULATIONS REGARDING VEHICULAR SPEEDS WITHIN THE CITY LIMITS AND TO PROVIDE FOR ENFORCEMENT OF THOSE REGULATIONS The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 2nd day of May, 2016 at 6:00 p.m., as follows: WHEREAS, pursuant to O.C.G.A. § 40-6-183, the City Charter of the City of Milton, and other powers vested in the City, the City is authorized to regulate speed zones and establish speeding regulations within the corporate limits of the City; and, WHEREAS, a traffic and engineering investigation, required by law, has been completed regarding maximum vehicle speeds on the roads, streets, highways and other public ways within the City described in this ordinance and attached hereto; and, WHEREAS, the City desires, pursuant to and in compliance with O.C.G.A. § 40-14-1 et seq., to permit the use of speed detection devices, including radar and laser detection devices, on the roads, streets, highways and other public ways within the City; and, WHEREAS, the City of Milton’s Law Enforcement Department is lawfully authorized to exercise the powers of arrest and to enforce the traffic laws of this State; and, WHEREAS, pursuant to State Law, it shall be unlawful to use speed detection devices on the roads, streets, highways and other public ways within the City of Milton that are not specifically described within this ordinance; and, WHEREAS, the City desires for the Milton Police Department and any other sworn law enforcement officers acting within their scope of duty and within their jurisdiction to enforce the speed zone regulations established by state law and this ordinance; NOW THEREFORE, Chapter 56, Article III “Speed Limits” of The Code of the City of Milton, Georgia, is hereby amended by deleting in their entirety the schedules in Section 56-43 placed after the sentence “The maximum speed limit on the public streets are set forth in the schedules in this section”, and inserting in their place in Section 56-43 new schedules as attached hereto and incorporated herein by reference as Exhibit “A.” [SIGNATURES ON THE FOLLOWING PAGE] 2 ORDAINED this 2nd day of May, 2016. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk AL HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MUTON""t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager a AGENDA ITEM: Consideration to Adopt an Amendment to the Impact Fee Ordinance Fee Schedule. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.y-<PPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,l,4S () NO CITY ATTORNEY REVIEW REQUIRED: (,J.YES () NO APPROVAL BY CITY ATTORNEY LL-OPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 02w1, REMARKS In y Youllm PHONE: 678.242.25001 FAX: 678.242.2499 Green 4�* 4,� Infofcllyofmwww llfonga.us l .cflyofmllfanga.us w' COmmullI a '�a"a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - c To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on April 20, 2016 for the May 2, 2016 Council Regular Council Meeting. (Work Session April 18; First Presentation April 25) Agenda Item: Consideration to Adopt an Amendment to the Impact Fee Ordinance Fee schedule ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On October 5, 2015 the Mayor and City Council adopted an impact fee ordinance with an attached fee schedule for each of the four public facility categories (Parks & Recreation, Fire Protection, Law Enforcement, and Roads). The fee schedule that was adopted, discounted the fee that was calculated for the Parks and Recreation category to 50%. It was noted that in six months the Mayor and City Council would discuss possible revisions to the fee schedule. At the April 18 Council Work Session, the Mayor and City Council directed staff to amend the ordinance to remove the 50% discount on the fees from the Parks and Recreation category, to charge the full 100%. Existing fee schedule for new residential permits 1. 50%, 100%, 100%, 100% Parks & Recreation Fire Protection Law Enforcement Roads Subtotal Adminis- tration (3%) TOTAL IMPACT FEE 3,107.55 543.57 94.86 678.36 $ 4,424.34 132.73 $ 4,557.07 Proposed fee schedule for new residential permits 2. 100%, 100%, 100%, 100% Parks & Recreation Fire Protection Law Enforcement Roads Subtotal Adminis- tration (3%) TOTAL IMPACT FEE 6,215.10 543.57 94.86 678.36 $ 7,531.89 225.96 $ 7,757.85 Page 2 of 2 Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 04-21-2016 Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Impact Fee Ordinance with amended attached fee schedule Milton Impact Fee Ordinance i IMPACT FEES Sec. 25-1. - Short title, authority, and applicability. ....................................................................... 1 (a) Short title. ...............................................................................................................................1 (b) Authority. ...............................................................................................................................1 (c) Applicability. ...........................................................................................................................1 Sec. 25-2. - Findings, purpose, and intent. ..................................................................................... 1 (a) Findings. .................................................................................................................................1 (b) Purpose...................................................................................................................................2 (c) Intent. .....................................................................................................................................2 Sec. 25-3. - Rules of construction and definitions. ......................................................................... 2 (a) Rules of construction. ............................................................................................................2 (b) Definitions. .............................................................................................................................3 Sec. 25-4. - Imposition of development impact fees. ..................................................................... 6 (a) Construction not subject to impact fees. ...............................................................................6 (b) Grandfathered projects. .........................................................................................................7 (c) Method of calculation. ...........................................................................................................7 (d) Service areas...........................................................................................................................8 Sec. 25-5. - Fee assessment and payment...................................................................................... 8 (a) Fee schedule. ..........................................................................................................................8 (b) Timing of assessment and payment. ......................................................................................8 (c) Individual assessment determinations. .................................................................................9 (d) Fee certification. ...................................................................................................................10 Sec. 25-6. - Exemptions. .............................................................................................................. 11 (a) Exemption policy. .................................................................................................................11 (b) Process for exemption approval. .........................................................................................11 (c) Exemption criteria. ...............................................................................................................11 (d) Reimbursement to impact fee fund. ....................................................................................12 Sec. 25-7. - Deposit and expenditure of fees. .............................................................................. 12 (a) Maintenance of funds. .........................................................................................................12 (b) Expenditures; restrictions. ...................................................................................................13 (c) Annual report. ......................................................................................................................13 Sec. 25-8. - Credits. ..................................................................................................................... 13 Milton Impact Fee Ordinance ii (a) Credits; restrictions. .............................................................................................................14 (b) Granting of credits................................................................................................................14 (c) Guidelines for credit valuation. ............................................................................................15 (d) Credits; application. .............................................................................................................15 (e) Credits; abandoned building permits. ..................................................................................15 Sec. 25-9. - Refunds. ................................................................................................................... 16 (a) Eligibility for a refund. ..........................................................................................................16 (b) Notice of entitlement to a refund. .......................................................................................16 (c) Filing a request for a refund. ................................................................................................16 (d) Payment of refunds. .............................................................................................................16 Sec. 25-10. - Private contractual agreements. ............................................................................. 17 (a) Private agreements; authorized. ..........................................................................................17 (b) Private agreements; provisions. ...........................................................................................17 (c) Private agreements; procedure. ..........................................................................................17 Sec. 25-11. - Periodic review and amendments. .......................................................................... 18 (a) Ordinance amendments. ......................................................................................................18 (b) Capital improvements element periodic review..................................................................18 (c) Continuation of validity. .......................................................................................................18 Sec. 25-12. - Administrative appeals. .......................................................................................... 19 (a) Eligibility to file an appeal. ...................................................................................................19 (b) Appeals process. ...................................................................................................................19 (c) Payment of impact fee during appeal. .................................................................................19 Sec. 25-13. - Enforcement and penalties. .................................................................................... 20 (a) Enforcement authority. ........................................................................................................20 (b) Violations. .............................................................................................................................20 Sec. 25-14. - Repealer, severability, and effective date. ............................................................... 21 (a) Repeal of conflicting laws. ....................................................................................................21 (b) Severability. ..........................................................................................................................21 (c) Incorporation by reference of Georgia law. .........................................................................21 Attachment A: Impact Fee Schedule ................................................... Error! Bookmark not defined. Milton Impact Fee Ordinance 1 Chapter 25 - IMPACT FEES Sec. 25-1. - Short title, authority, and applicability. (a) Short title. This ordinance shall be known and may be cited as the “Development Impact Fee Ordinance of Milton, Georgia,” or the “Impact Fee Ordinance.” (b) Authority. This ordinance has been prepared and adopted by the City Council of Milton, Georgia, in accordance with the authority provided by Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia, the Georgia Development Impact Fee Act (O.C.G.A. 36-71-1 et seq. as amended), and such other laws as may apply to the provision of public facilities and the power to charge fees for such facilities. (c) Applicability. (1) The provisions of this ordinance shall not be construed to limit the power of Milton, Georgia, to use any other legal methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this ordinance. (2) This ordinance shall apply to all areas under the regulatory control and authority of Milton, Georgia, and such other areas as may be included by intergovernmental agreement. Sec. 25-2. - Findings, purpose, and intent. (a) Findings. The City Council of Milton, Georgia, finds and declares: (1) That an equitable program for planning and financing public facilit ies to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of Milton; and (2) That certain public facilities as herein defined have been and must be further expanded if new growth and development is to be accommodated at the same level of service available to existing development; and (3) That it is fair and equitable that new growth and development shall bear a proportionate share of the cost of such public facilities necessary to serve new growth and development. Milton Impact Fee Ordinance 2 (b) Purpose. (1) The purpose of this ordinance is to impose impact fees, as hereinafter set forth, for certain public facilities, as hereinafter defined. (2) It is also the purpose of this ordinance to ensure that adequate public facilities are available to serve new growth and development in Milton and to provide that new growth and development bears a proportionate share of the cost of new public facilities needed to serve them. (c) Intent. This ordinance is intended to implement and be consistent with the City of Milton 2030 Comprehensive Plan Community Agenda, as it has been adopted or may be amended in accord with the Georgia Comprehensive Planning Act (O.C.G.A. 50-8-1 et seq.); and the applicable Development Impact Fee Compliance Requirements, as adopted by the Georgia Board of Community Affairs and amended from time to time. Sec. 25-3. - Rules of construction and definitions. The provisions of this ordinance shall be construed so as to effectively carry out its purpose in the interest of the public health, safety, and general welfare of the citizens of Milton, Georgia. (a) Rules of construction. Unless otherwise stated in this ordinance, the following rules of construction shall apply to the text of this ordinance: (1) In the case of a conflict between words or phrases as used in this ordinance and as used in other codes, regulations or laws of the City, such difference shall not affect the meaning or implication of such words or phrases as used in this ordinance. (2) In the case of a conflict between the text of this ordinance and any caption, illustration, summary table or illustrative table, the text shall control. (3) The word “shall” is always mandatory and not discretionary; the word “may” is permissive. (4) Words used in the present tense shall include the future and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. (5) The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other legal or similar entity. (6) The conjunction “and” indicates that all the connected terms, conditions, provisions, or events shall apply. (7) The conjunctions “or” and “and/or” indicate that the connected items, conditions, provisions, or events may apply singly or in any combination. Milton Impact Fee Ordinance 3 (8) The use of “either … or” indicates that the connected items, conditions, provisions, or events shall apply singly and not in combination. (9) The word “includes” or “including” and the phrase “such as” shall not limit a term to the specific example or examples given but are intended to extend its meaning to all other instances or circumstances of like kind or character. (10) The article, section, and paragraph headings and enumerations used in this ordinance are included solely for convenience and shall not affect the interpretation of this ordinance. (b) Definitions. As used in this ordinance, the following terms shall have the meaning set forth below. Administrator means the director of community development of Milton, Georgia, or the director’s designee, who is hereby charged with implementation and enforcement of this ordinance. Building permit means the document issued by the city authorizing the construction, repair, alteration of or addition to a structure, or authorizing the installation of a mobile home or recreational vehicle. For the purposes of this article, a building permit also means a change of use permit. Capital improvement means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility. Capital improvements element means that portion of the Milton comprehensive land use plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the City Council. City means the City of Milton, Georgia, a municipal corporation of the state of Georgia. City council means the City Council of Milton, Georgia. Commencement of construction, for private development, means initiation of physical construction activities as authorized by a development or building permit and leading to completion of a foundation inspection or other initial inspection and approval by a public official charged with such duties; and for public projects, means expenditure or encumbrance of any funds, whether they be development impact fee funds or not, for a public facilities project, or advertising of bids to undertake a public facilities project. Comprehensive plan means the Milton plan or planning elements as adopted or amended in accord with O.C.G.A. 50-8-1 et seq. and the applicable Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs. Day means a calendar day, unless otherwise specifically identified as a “work” day or other designation when used in the text. Developer means any person or legal entity undertaking development. Development means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any Milton Impact Fee Ordinance 4 change in use of land, a building, or structure; or the connection of any building or structure to a public utility. Development approval means written authorization, such as issuance of a building permit, land disturbance permit or other approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction. Development impact fee means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it. Development impact fee assessment means the determination of the amount of an impact fee due for issuance of a particular building permit. Development impact fee collection means the receipt by the city of the amount due for an impact fee assessed for a particular building permit. Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities designed for and limited to use as living quarters for one family. A dwelling unit may be a single-family detached home, an apartment or condominium in a multi-family structure, or a manufactured home. Encumber means to legally obligate by contract or otherwise commit to use by appropriation or other official act of the City Council. Excess capacity means that portion of the capacity of a public facility or system of public facilities which is beyond that necessary to provide adequate service to existing development at the adopted level-of-service standard. Family means one or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or up to four unrelated persons, occupying a dwelling unit and living as a single housekeeping unit. The term “family” does not include persons occupying a rooming house, boarding house, lodging house, or a hotel. Fee assessment: see “Development impact fee; assessment”. Fee collection: see “Development impact fee; collection”. Feepayor means that person or entity who pays a development impact fee, or his or her legal successor in interest when the right or entitlement to any refund of previously paid development impact fees that are required by this ordinance has been expressly transferred or assigned to the successor in interest. Floor area means the total number of square feet of heated floor space within the exterior walls of a building. Also referred to as the “gross floor area”. Individual assessment determination means a finding by the administrator that an individual assessment study does or does not meet the requirements for such a study as established by this ordinance or, if the requirements are met, the fee calculated therefrom. Milton Impact Fee Ordinance 5 Individual assessment study means the engineering, financial, or economic documentation prepared by a feepayor or applicant to allow individual determination of a development impact fee other than by use of the applicable fee schedule. Level of service means a measure of the relationship between service capacity and service demand for specified public facilities as established by the City in terms of demand to capacity ratios or the comfort and convenience of use or service of such public facilities or both. Present value means the current value of past, present, or future payments, contributions, or dedications of goods, services, materials, construction, or money, as calculated using methods of financial analysis acceptable to the Administrator for determination of “net present value.” Project means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park. Project improvements means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not “system” improvements. The character of the improvement shall control a determination of whether an improvement is a “project” improvement or a “system” improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a “project” improvement or a “system” improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City shall be considered a project improvement. Property owner means that person or entity that holds legal title to property. Proportionate share means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. Public facilities means: (a) parks, open space, and recreation areas and related facilities; and (b) public safety facilities, including police, fire and emergency medical and communications facilities; and (c) roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any other components of local, state or federal streets or highways. Service area means a geographically defined area as designated in the capital improvements element of the comprehensive plan in which a defined set of public facilities provide or are proposed to provide service to existing or future development. System improvement costs means costs incurred to provide public facilities capacity to serve new growth and development, including the costs of planning, design, engineering, construction, land acquisition, and land improvement for the construction or reconstruction o f facility improvements or expansions. System improvement costs include the construction contract price, surveying and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorneys’ fees, and expert witness fees), and expenses incurred for qualified staff Milton Impact Fee Ordinance 6 or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvements element, and administrative costs of up to 3 percent of the total of all other system improvement costs. Projected interest charges and other finance costs may be included if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued to finance system improvements, but such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs. System improvements means capital improvements that are public facilities designed to provide service to more than one project or to the community at large, in contrast to “project” improvements. Unit of development means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facil ities is based, such as a dwelling unit, square foot of floor area, motel room, etc. Unused or excess impact fee means any individual impact fee payment from which no amount of money or only a portion thereof has been encumbered or expended according to the requirements of this ordinance. Sec. 25-4. - Imposition of development impact fees. Any person who after the effective date of this ordinance engages in development shall pay a development impact fee in the manner and amount set forth in this ordinance. (a) Construction not subject to impact fees. (1) The following projects and construction activities do not constitute “development” as defined in this ordinance, and are therefore not subject to the imposition of impact fees: a. Rebuilding no more than the same number of units of development (as defined in this ordinance) that were removed by demolition, or destroyed by fire or other catastrophe, on the same lot or property. b. Remodeling or repairing a structure that does not result in an increase in the number of units of development. c. Replacing a residential housing unit with another housing unit on the same lot or property. d. Placing or replacing a manufactured home in a manufactured home park on a prepared manufactured home pad in existence and operation prior to the effective date of this ordinance. e. Placing a temporary construction or sales office on a lot during the period of construction or build-out of a development project. f. Constructing an addition to or expansion of a residential dwelling unit that may increase the floor area or number of rooms but does not increase the number of housing units. Milton Impact Fee Ordinance 7 g. Adding uses that are typically accessory to residential uses and intended for the personal use of the residents, such as a deck or patio , detached garage or utility shed, satellite antenna, pet enclosure, or private recreational facilities such as a swimming pool or tennis court. (2) A person claiming to be not subject to impact fees under Subsection (a)(1) of this Section, above, shall submit to the administrator information and documentation sufficient to permit the administrator to determine whether such claim is correct. (b) Grandfathered projects. (1) Notwithstanding any other provision of this ordinance, that portion of a project for which a valid building permit has been issued prior to the effective date of this ordinance shall not be subject to development impact fees so long as the permit remains valid and construction is commenced and is pursued according to the terms of the permit. (2) Any building for which a valid and complete application for a build ing permit has been received prior to the effective date of this ordinance may proceed without payment of fees otherwise imposed by this ordinance, provided that: a. all fees and development exactions in effect prior to the effective date of this ordinance shall be or have been paid in full; and, b. said construction shall be commenced, pursued and completed within the time established by the building permit, or within 180 days, whichever is later. (c) Method of calculation. (1) Any development impact fee imposed pursuant to this ordinance shall not exceed a project's proportionate share of the cost of system improvements, and shall be calculated on the basis of levels of service for public facilities that are the same for existing development as for new growth and development. (2) Notwithstanding anything to the contrary in this ordinance, the calculation of impact fees shall be net of credits for the present value of ad valorem taxes or other revenues as established in the capital improvements element, and which: a. are reasonably expected to be generated by new growth and development; and b. are reasonably expected on the basis of historical funding patterns to be made available to pay for system improvements of the same category for which an impact fee is imposed. (3) The method of calculating impact fees for public facilities under this ordinance shall be maintained for public inspection as a part of the official records of the City, and may be amended from time to time by official act. (4) In addition to the cost of new or expanded system improvements needed to be built to serve new development, the cost basis of a development impact fee may also include the proportionate cost of existing system improvements to the extent that such public Milton Impact Fee Ordinance 8 facilities have excess service capacity and new development will be served by such facilities, as established in the capital improvements element. (5) Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs, as set forth in the capital improvements element. (d) Service areas. The city limits of the City of Milton, Georgia, constitute a single service area for all public facilities subject to impact fees under this ordinance. Sec. 25-5. - Fee assessment and payment. (a) Fee schedule. (1) Payment of a development impact fee pursuant to the fee schedule attached hereto and incorporated herein as Attachment A, shall constitute full and complete payment of the project's proportionate share of system improvements as individually levied by the City, and shall be deemed to be in compliance with the requirements of this ordinance. (2) When a land development activity for which an application for a building permit has been made includes two or more buildings, structures or other land uses in any combination, including two or more uses within a building or structure other than a shopping center, the total development impact fee shall be the sum of the fees for each and every building, structure, or use, including each and every use within a building or structure. Shopping centers shall be assessed a single impact fee, in accordance with Attachment A, as a single use without regard to its individual tenants. (3) In the event that an applicant contends that the land use category of the proposed development is not shown on the fee schedule or fits within a different category, then: a. The administrator in his or her reasonable discretion shall make a determination as to the appropriate land use category and the appropriate development impact fee. b. In making such determination, the administrator may require such additional information from the applicant as necessary to form a logical fee determination relative to the land use categories shown on the adopted fee schedule. c. If the land use of the proposed development is not similar to a land use category shown on the adopted fee schedule, then an appropriate fee may be determined by the administrator as an individual assessment in accordance with the individual assessment determinations section of this ordinance. d. Appeals from the decision of the administrator shall be made to the City Council in accordance with the administrative appeals section of this ordinance. (b) Timing of assessment and payment. (1) Development impact fees shall be assessed at the time of application for a building permit. Milton Impact Fee Ordinance 9 (2) All development impact fees shall be collected no earlier than at the time of issuance of a building permit, and no later than as a prerequisite to issuance of an interior finishes permit or a certificate of occupancy for the building or building shell. (3) For projects not involving issuance of a building permit, all development impact fees shall be collected at the time of approval of the development permit or such ot her authorization to commence construction or to commence use of a property, whichever is earliest. (4) If the final use of a building cannot be determined at the time of the initial building permit, the administrator shall have the authority to assess a development impact fee based on the most likely use of the building, and shall adjust the fee in accordance with the following: a. Prior to the completion of the project, and as a condition to the issuance of an interior finishes permit or a certificate of occupancy, as applicable, the developer shall recertify in writing to the administrator the actual land use or uses of the project, and shall present an architect's certificate of the actual gross square footage of floor area attributable to each use. b. In the event that the actual land use or uses and/or the actual gross square footage applicable to the actual land use or uses differs from that originally certified, and in the event that the impact fee applicable to the actual land use or uses and/or gross square footage exceeds the impact fee previously paid, the developer shall be required to pay the amount of the excess as a condition to the issuance of an interior finishes permit or a certificate of occupancy. c. The amount of the excess shall be based upon the impact fee schedule in effect on the date the interior finishes permit or the certificate of occupancy is issued. d. If the actual gross square footage constructed after the issuance of the building permit is less than the amount originally certified, the developer shall be entitled to a refund of the excess portion of the fee in accordance with this ordinance. (5) Notwithstanding any other provision of this ordinance to the contrary, any future change in demand for public facilities in excess of the average demand anticipated at the time of issuance of the original building permit shall result in the assessment of such additional fee as would otherwise have been due. Future changes in demand may result from a change in the land use category of the occupant of the building or property, the expansion of a building or use on a property that results in an increase in the units of development (as defined herein), or the subsequent discovery of facts unknown or misrepresented at the time of issuance of the original building permit. (c) Individual assessment determinations. An individual assessment of development impact fees for a particular property or proposed use may be established as follows: (1) At their option, an applicant for development approval may petition the administrator for an individual assessment determination of development impact fees due for their project Milton Impact Fee Ordinance 10 in lieu of the fee established on the fee schedule attached hereto and incorporated herein as Attachment A. (2) In the event that an applicant elects an individual assessment, the applicant shall submit an individual assessment study. The individual assessment study shall: a. be based on relevant and credible information from an accepted standard source of engineering or planning data; or, b. be based on actual, relevant, and credible studies or surveys of facility demand conducted in the City or its region, carried out by qualified engineers or planners pursuant to accepted methodology. (3) The applicant shall provide any other written specifications as may be reasonably required by the administrator to substantiate the individual assessment determination. (4) The administrator in his or her reasonable discretion shall determine whether the content of an individual assessment study satisfies the requirements of this ordinance. A negative determination by the administrator may be appealed to the City Council in accordance with the administrative appeals section of this ordinance. (5) Any fee approved as an individual assessment determination shall have standing for 180 days following the date of approval. Payment of such an approved individual assessment determination shall constitute full and complete payment of the project's proportionate share of system improvements as individually levied by the City, and shall be deemed to be in compliance with the requirements of this ordinance. (d) Fee certification. Upon application to the administrator, a property owner or developer may receive a certification of the development impact fee schedule attached hereto and incorporated herein as Attachment A or a certified fee for a particular project, as applicable. (1) The administrator shall provide an applicant with a written certification of the impact fee schedule within 5 working days after the administrator’s receipt of a completed application. The fee schedule certified by the administrator shall establish the impact fee schedule for the proposed development activity for a period of 180 days from the date of certification. (2) The administrator shall provide the applicant with a written certification of an individual fee determination within 30 days after receipt of a completed application. The individual fee determination certified by the administrator shall establish the total impact fee for the proposed development activity for the 180 day period immediately following the date of such certification. (3) Notwithstanding the issuance of any certification of an individual fee determination, any additions to the proposed development activity different from the development activity identified in the original application shall negate any such certification. Milton Impact Fee Ordinance 11 Sec. 25-6. - Exemptions. (a) Exemption policy. The City Council recognizes that some development projects may provide extraordinary benefit in support of the economic and employment advancement of the City and the City’s citizens over and above the access to jobs, goods and services that such uses offer in general. To encourage such development projects, the Mayor and City Council may consider granting a reduction in the impact fee for such a development project upon the determination and relative to the extent that the development project represents extraordinary economic development and employment growth of public benefit to the City, in accordance with exemption criteria as adopted herein. (b) Process for exemption approval. An application for exemption shall be considered under the following procedures: (1) An application for exemption approval must be made to the administrator prior to or along with an application for the first building permit or other qualifying permit. Any exemptions not so applied for shall be deemed waived. (2) A building permit may be issued upon approval of an exemption, or may be issued without payment of applicable impact fees following receipt of a complete exemption application and pending its approval, but a certificate of occupancy shall not be issued until a decision regarding the exemption has been made, or until such time that the application for exemption is otherwise withdrawn by the applicant and payment of impact fees has been made. (3) Documentation must be provided to the administrator that demonstrates the applicant’s eligibility for an exemption. This documentation shall address, but need not be limited to, all applicable exemption criteria adopted herein. (4) The administrator in his or her reasonable discretion shall determine whether an application for exemption addresses the exemption criteria adopted by the City and is complete. A negative determination by the administrator may be appealed to the City Council in accordance with the administrative appeals section of this ordinance. (5) The City Council shall determine the eligibility for and extent of exemption, in accordance with the exemption criteria adopted herein. The application for exemption shall be placed on the agenda at the next regularly scheduled meeting of the City Council that falls at least two weeks after a complete application for exemption has been received by the administrator. (c) Exemption criteria. (1) A new construction or expansion project may be granted an exemption from applicable impact fees, in whole or in part, as deemed appropriate and in the public interest by the City Council. Milton Impact Fee Ordinance 12 (2) The extent of the grant of exemption shall be based on the determination by the City Council of the extent to which the development project represents extraordinary economic development and employment growth of public benefit to the City. (3) In making its determination, the City Council shall consider relevant factors relating to the extraordinary nature of the development’s benefit to the City’s economic and employment advancement, including but not limited to the following: a. Investment: The total amount of new private capital investment in land, buildings and equipment related to the project; and the total capital investment in current facilities if the project expands an existing business in the City. b. Annual economic impact: The total annual amount of new wages, purchases and other expenditures that will be generated as a result of the project; and the total annual economic impact of current facilities if the project expands an existing business in the City. c. Job creation: 1. The total number of jobs created and/or retained as a result of the project. 2. The number of jobs created and/or retained paying at least 100% of the average wage for the City as established by the Georgia Department of Labor. 3. The number of jobs created and/or retained that are exempt managerial, professional or senior executive jobs. d. Such other factors of economic and employment benefit unique to the particular development project, as deemed relevant by the City Council. (d) Reimbursement to impact fee fund. It is recognized that the cost of system improvements otherwise foregone through exemption of any impact fee must be funded through revenue sources other than impact fees. As part of the annual budgeting process, adequate funds shall be identified and transferred to the impact fee fund accounts equal to the amount of all exemptions grant ed by the City Council during the preceding year. Sec. 25-7. - Deposit and expenditure of fees. The City shall comply with all applicable accounting requirements of O.C.G.A. § 36-71-8, which include the following: (a) Maintenance of funds. (1) All development impact fee funds collected for future expenditure on construction or expansion of facilities pursuant to this ordinance shall be maintained in one or more interest-bearing accounts until encumbered or expended. Restrictions on the investment of development impact fee funds shall be the same that apply to investment of all such funds generally. Milton Impact Fee Ordinance 13 (2) Separate accounting records shall be maintained for each category of system improvements (fire protection, law enforcement, parks and recreation, and road improvements) and for administration fees collected. (3) Interest earned on development impact fees shall be allocated to each category of system improvements and the administration accounts in proportion to the impact fees collected, shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development impact fees under this ordinance. (b) Expenditures; restrictions. (1) Expenditures from the system improvements impact fee accounts shall be made only for the category of system improvements for which the development impact fee was assessed and collected. (2) Expenditures from the administration account may be expended directly for administrative purposes or transferred to the general fund to cover administrative costs. (3) Except as provided below, development impact fees shall not be expended for any purpose that does not involve building or expanding system improvements that create additional capacity available to serve new growth and development. (4) Notwithstanding anything to the contrary in this ordinance, the following shall be considered general revenue of the City, and may be expended accordingly: a. impact fees collected to recover the present value of excess capacity in existing system improvements; b. any portion of an impact fee collected as a repayment for expenditures made by the City for system improvements intended to be funded by such impact fee; and, c. any portion of the impact fee (but not to exceed three percent of the total) collected and allocated by the administrator for administration of the impact fee ordinance. (c) Annual report. (1) The administrator shall prepare an annual report to the City Council as part of the annual audit describing the amount of any development impact fees collected, encumbe red, and used during the preceding fiscal year by category of public facility. (2) Such annual report shall be prepared following guidelines of the Georgia Department of Community Affairs (DCA), and submitted to DCA in conjunction with the annual update report of the City’s capital improvements element. Sec. 25-8. - Credits. When eligible, feepayors shall be entitled to a credit against impact fees otherwise due and owing under the circumstances and in the manner set forth in this Section. Milton Impact Fee Ordinance 14 (a) Credits; restrictions. (1) Except as provided in the following Paragraph (2), no credit shall be given for construction, contribution, or dedication of any system improvement or funds for system improvements made before the effective date of this ordinance. (2) If the value of any construction, dedication of land, or contribution of money made by a developer (or his or her predecessor in title or interest) prior to the effective date of this ordinance for system improvements that are included for impact fee funding in the capital improvements element, is greater than the impact fee that would otherwise have been paid for the project, then the developer shall be entitled to a credit for such excess construction, dedication, or funding. Notwithstanding anything to the contrary in this ordinance, any credit due under this section shall not constitute a liability of the City, and shall accrue to the developer to the extent of impact fees assessed for new development for the same category of system improvements. (3) In no event shall credit be given for project improvements as defined in this ordinance. (b) Granting of credits. (1) Credit shall be given for the present value of any construction of improvements, contribution or dedication of land, or payment of money by a developer or his or her predecessor in title or interest for system improvements of the same public facilities category for which a development impact fee is imposed, provided that: a. the system improvement is included for impact fee funding in the capital improvements element; b. the amount of the credit does not exceed the portion of the system improvement’s cost that is eligible for impact fee funding, as shown in the capital improvements element; and, c. the City Council shall have explicitly approved said improvement, contribution, dedication, or payment and the value thereof prior to its construction, dedication, or transfer. (2) The credit allowed pursuant to this section shall not exceed the impact fee due for any particular public facilities category for which a development impact fee is imposed, unless a greater credit is authorized under a private contractual agreement executed under the provisions of this ordinance. a. Any credit amount in excess of the impact fee due for any particular public facilities category may be carried over and applied to the impact fee due in the same public facilities category for another development by the developer, or to a successor in interest, within the City. b. To qualify as a “successor in interest” for entitlement to a credit, notice must have been given to the administrator of a legal transfer or assignment of the right of entitlement to the credit, including the name, mailing address and written, notarized authorization of the grantor and the name and mailing address of the grantee. Milton Impact Fee Ordinance 15 (c) Guidelines for credit valuation. Credits under this Section shall be valued using the following guidelines: (1) For the construction of any system improvements by a developer (as defined in this ordinance) or his or her predecessor in title or interest and accepted by the City, the developer must present evidence satisfactory to the administrator of the original cost of the improvement, from which present value may be calculated. (2) For any contribution or dedication of land for system improvements by a developer or his or her predecessor in title or interest and accepted by the City, the original value of the land shall be the same as that attributed to the property by the validated tax appraisal at the time of dedication, from which present value may be calculated. (3) For any contribution of capital equipment that qualifies as a system improvement by a developer or his or her predecessor in title or interest and accepted by the City, the value shall be the original cost to the developer of the capital equipment or the cost that the city would normally pay for such equipment, whichever is less. (4) For any contribution of money for system improvements from a developer or his or her predecessor in title or interest accepted by the City, the original value of the money shall be the same as that at the time of contribution, from which present value may be calculated. (5) In making a present value calculation, the discount rate used shall be the interest rate being earned on the City’s impact fee funds, and the average annual inflation rate shall be that for the Consumer Price Index (the CPI) for the cost of money, or the average rate reported by the Engineering News Record for construction in general (the CCI) or building construction specifically (the BCI), as appropriate. (d) Credits; application. (1) Credits shall be given only upon written application of the developer to the administrator. A developer must present written evidence satisfactory to the administrator at or before the time of development impact fee assessment. (2) The administrator, in his or her reasonable discretion, shall review all applications for credits and make determinations regarding the allowance of any claimed credit, and the value of any allowed credit. (3) Any credit approved by the administrator shall be acknowledged in writing by the administrator and calculated at the time of impact fee assessment. (4) Appeals from the decision of the administrator shall be made to the City Council in accordance with the Administrative Appeals Section of this ordinance. (e) Credits; abandoned building permits. (1) In the event that an impact fee is paid but the building permit is abandoned, credit shall be given for the present value of the impact fee against future impact fees for the same parcel of land. Milton Impact Fee Ordinance 16 (2) A building permit shall be deemed abandoned if no construction has been commenced prior to the expiration of the building permit. Sec. 25-9. - Refunds. (a) Eligibility for a refund. (1) Upon the written request of a feepayor regarding a property on which a development impact fee has been paid, the development impact fee shall be refunded if: a. capacity is available in the public facilities for which the fee was collected but service is permanently denied; or, b. the development impact fee has not been encumbered or construction has not been commenced within six years after the date the fee was collected. (2) In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first -in, first-out (FIFO) basis. (b) Notice of entitlement to a refund. When the right to a refund exists due to a failure to spend or encumber the development impact fees, the administrator shall provide written notice of entitlement to a refund to the feepayor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given adequate notice to the administrator of a legal transfer or assignment of the right to entitlement to a refund and who has provided a mailing address. Such notice shall also be published in a newspaper of general circulation in the City within 30 days after the expiration of the six year period after the date that the development impact fee was collected and shall contain a heading “Notice of Entitlement to Development Impact Fee Refund.” No refund shall be made for a period of 30 days from the date of said publication. (c) Filing a request for a refund. A request for a refund shall be made in writing to the administrator within one year of the time the refund becomes payable or within one year of publication of the notice of entitlement to a refund, whichever is later. Failure to make a claim for a refund within said time period shall result in a waiver of all claims to said funds. (d) Payment of refunds. (1) All refunds shall be made to the feepayor within 60 days after it is determined by the administrator that a sufficient proof of claim for refund has been made, but no sooner than 30 days after publication of the notice of entitlement to the refund. (2) A refund shall include a refund of a pro rata share of interest actually earned on the unused or excess impact fee collected. (3) In no event shall a feepayor be entitled to a refund for impact fees assessed and paid to recover the cost of excess capacity in existing system improvements, for any portion of an impact fee collected as a repayment for expenditures made by the City for system Milton Impact Fee Ordinance 17 improvements intended to be funded by such impact fee, or for that portion of the fee payment that was assessed for administration of the impact fee ordinance or for recovery of the cost of preparation of the capital improvements element. Sec. 25-10. - Private contractual agreements. (a) Private agreements; authorized. Nothing in this ordinance shall prohibit the voluntary mutual approval of a private contractual agreement between the City and any developer or property owner or group of developers and/or property owners in regard to the construction or installation of system improvements and providing for credits for such system improvement costs so incurred, provided that: (1) The system improvements are included for impact fee funding in the capital improvements element; and, (2) The amount of any credit granted shall not exceed the portion of the system improvement’s cost that is eligible for impact fee funding. (b) Private agreements; provisions. A private contractual agreement for system improvements may include, but shall not be limited to, provisions that: (1) Modify the estimates of impact on public facilities according to the methods and provisions concerning the calculation of impact fees, provided that any such agreement shall allow the city to assess additional development impact fees after the completion of construction according to schedules set forth in this ordinance. (2) Permit construction of, dedication of property for, or other in-kind contribution for specific public facilities of the type for which development impact fees would be imposed in lieu of or with a credit against applicable development impact fees. (3) Permit a schedule and method of payment appropriate to particular and unique circumstances of a proposed project in lieu of the requirements for payment under this ordinance, provided that acceptable security is posted ensuring payment of the development impact fees. Forms of security that may be acceptable include a cash bond, irrevocable letter of credit from a bank authorized to do business within the state of Georgia, a surety bond, or lien or mortgage on lands to be covered by the building permit. (c) Private agreements; procedure. (1) Any private agreement proposed by an applicant pursuant to this Section shall be submitted to the administrator for review and negotiation, prior to submission to the City Council. (2) Any private agreement proposed by an applicant pursuant to this Section shall be reviewed and approved by the city attorney as to form and sufficiency prior to consideration by the City Council. Milton Impact Fee Ordinance 18 (3) Any such agreement must be presented to and approved by the City Council prior to the issuance of the first building permit or other qualifying permit. (4) Any such agreement shall be executed or approved by mortgagees, lien holders or contract purchasers in addition to the landowner, and shall require the applicant to submit such agreement to the clerk of superior court for recording on the deed records. Sec. 25-11. - Periodic review and amendments. (a) Ordinance amendments. This ordinance may be amended from time to time as deemed appropriate or desirable. (b) Capital improvements element periodic review. (1) Annual update. At least once each year, the City Council shall review and may update the capital improvements element so as to maintain, at a minimum, a schedule of system improvements for each of the subsequent five years. The capital improvements element update may include changes in funding sources or project costs, or changes in the list or scheduling of projects. The capital improvements element Update shall be submitted to the Atlanta Regional Commission for their review, in accordance with the Development Impact Fee Compliance Requirements as adopted by the Board of Community Affairs of the State of Georgia. (2) Amendment. In conducting a periodic review of the capital improvements element and calculation of development impact fees, the City Council may determine to amend the capital improvements element. Amendments to the capital improvements element shall comply with the procedural requirements of the Development Impact Fee Compliance Requirements as adopted by the Board of Community Affairs of the State of Georgia, and shall be required for any change to the capital improvements element that would: a. redefine growth projections, land development assumptions, or goals or objectives that would affect system improvements proposed in the capital improvements element; b. add new public facility categories for impact fee funding, modify impact fee service areas or make changes to system improvement projects; c. change service levels established for an existing impact fee service area; or d. make any other revisions needed to keep the capital improvements element up to date. (c) Continuation of validity. Failure of the City Council to undertake a periodic review of the capital improvements element shall result in the continued use and application of the latest adopted development impac t fee schedule; project listings, including estimated costs and impact eligibility percentages; and data upon which the level of service standards and impact fee calculations are based . The failure to periodically review such data shall not invalidate this ordinance. Milton Impact Fee Ordinance 19 Sec. 25-12. - Administrative appeals. (a) Eligibility to file an appeal. Only applicants or feepayors who have already been assessed an impact fee by the city or who have already received a written determination of individual assessment, refund or credit amount shall be entitled to an appeal. Such appeals may address: (1) The imposition and/or the amount of an impact fee. (2) The entitlement to and/or the amount of credits applicable to an impact fee. (3) The entitlement to and/or the amount of a refund of an impact fee. (b) Appeals process. (1) The aggrieved applicant or feepayor (hereinafter, the “appellant”) must file a written appeal with the administrator within 15 days of the decision or written determination from which the appeal is taken. (2) Such written appeal shall constitute an application for relief, shall be of sufficient content to set forth the basis for the appeal and the relief sought, and shall include: a. the name and address of the appellant; b. the location of the affected property; and, c. a copy of any applicable written decision or determination made by the administrator (from which the appeal is taken). (3) Within 15 days after receipt of the appeal, the administrator shall make a written final decision with respect to the appeal, such decision to be of sufficient content to set forth the basis for the determination. The final decision shall be mailed or electronically transferred to the appellant at the address listed in the appeal. (4) Appeals from the final decision of the administrator shall be made to the City Council within 30 days of the administrator's final decision. (5) The City Council shall thereafter consider the appeal at a regularly scheduled meeting within 30 days provided that at least 2 weeks written notice of the meeting can be given to the appellant. The City Council shall decide the issue within a reasonable time following the meeting, but in no case later than its next regular meeting, unless the appellant agrees to an extension to a later date. Any party making an appeal shall have the right to appear at the meeting to present evidence and may be represented by counsel. (c) Payment of impact fee during appeal. (1) The filing of an appeal shall not stay the collection of a development impact fee as a condition to the issuance of development approval. Milton Impact Fee Ordinance 20 (2) A developer may pay a development impact fee under protest to obtain a development approval, and by making such payment shall not be estopped from exercising this right of appeal or receiving a refund of any amount deemed to have been collected in excess. Sec. 25-13. - Enforcement and penalties. (a) Enforcement authority. (1) The enforcement of this ordinance shall be the responsibility of the administrator and such personnel as the administrator may designate from time to time. (2) The administrator shall have the right to inspect the lands affected by this ordinance and shall have the right to issue a written notice, a stop work order or citation for violations, as the administrator in his or her reasonable determination may deem appropriate to the circumstances. Refusal of written notice of violation, stop work order or citation under this ordinance shall constitute legal notice of service. The citation shall be in the form of a written official notice issued in person or by cert ified mail to the owner of the property, or to his or her agent, or to the person performing the work giving rise to such violation. The receipt of a citation shall require that corrective action be taken within 30 days unless otherwise extended at the discretion of the administrator. (3) The administrator may suspend or revoke any building permit or withhold the issuance of other development approvals if the provisions of this ordinance have been violated by the developer or the owner or their assigns. (b) Violations. (1) Knowingly furnishing false information on any matter relating to the administration of this ordinance shall constitute a violation. (2) Proceeding with construction of a project that is not consistent with the project’s impact fee assessment, such as the use category claimed or units of development indicated, shall constitute a violation. (3) Failure to take corrective action following the receipt of a citation shall constitute a violation. (4) A violation of this ordinance shall be a misdemeanor punishable according to law, including the general penalty provisions of the City’s Code of Ordinances. In addition to or in lieu of criminal prosecution, the City Council shall have the power to sue in law or equity for relief in civil court to enforce this ordinance, including recourse to such civil and criminal remedies in law and equity as may be necessary to ensure compliance with the provisions of this ordinance, including but not limited to injunctive relief to enjoin and restrain any person from violating the provisions of this ordinance and to recover such damages as may be incurred by the implementation of specific corrective actions. Milton Impact Fee Ordinance 21 Sec. 25-14. - Repealer, severability, and effective date. (a) Repeal of conflicting laws. Any and all other ordinances, resolutions or regulations, or parts thereof, in conflict with this ordinance are hereby repealed to the extent of such conflict. Where this ordinance overlaps with other ordinances or regulations adopted by the City Council, whichever imposes the more stringent restrictions shall prevail. (b) Severability. If any sentence, clause, part, paragraph, section, or provision of this ordinance is declared by a court of competent jurisdiction to be invalid, the validity of the ordinance as a whole or any other part hereof shall not be affected. (c) Incorporation by reference of Georgia law. It is the intent of the City Council that this development impact fee ordinance of Milton, Georgia, complies with the terms and provisions of the Georgia Development Impa ct Fee Act (O.C.G.A. 36-71-1 et seq. as amended). To the extent that any provision of this ordinance is inconsistent with the provisions of said Chapter 36-71, the latter shall control. Furthermore, to the extent that this ordinance is silent as to any provision of said Chapter 36-71 that is otherwise made mandatory by said Chapter 36-71, such provision shall control and shall be binding upon the city. Milton Impact Fee Ordinance 22 Milton Impact Fee Ordinance 23 Attachment A: Impact Fee Schedule Maximum Impact Fee Schedule ITE Code Land Use Category Parks & Recreation Fire Protection Law Enforcement Roads Subtotal Adminis- tration (3%) TOTAL IMPACT FEE Unit of Measure 210 Single-Family Detached Housing 6,215.10 543.57 94.86 678.36 $ 7,531.89 225.96 $ 7,757.85 per dwelling 220 Apartment 6,215.10 543.57 94.86 678.36 $ 7,531.89 225.96 $ 7,757.85 per dwelling 230 Residential Condominium/Townhouse 6,215.10 543.57 94.86 678.36 $ 7,531.89 225.96 $ 7,757.85 per dwelling 030 Truck Terminal - 0.29 0.05 0.56 $ 0.90 0.03 $ 0.93 per square foot 110 General Light Industrial - 0.47 0.08 0.40 $ 0.95 0.03 $ 0.98 per square foot 120 General Heavy Industrial - 0.38 0.07 0.09 $ 0.53 0.02 $ 0.54 per square foot 140 Manufacturing - 0.37 0.06 0.22 $ 0.65 0.02 $ 0.67 per square foot 150 Warehousing - 0.19 0.03 0.20 $ 0.42 0.01 $ 0.44 per square foot 151 Mini-Warehouse - 0.02 0.00 0.14 $ 0.16 0.00 $ 0.17 per square foot 152 High-Cube Warehouse - 0.02 0.00 0.10 $ 0.11 0.00 $ 0.12 per square foot 310 Hotel - 116.89 20.40 506.01 $ 643.29 19.30 $ 662.59 per room 311 All Suites Hotel - 102.58 17.90 303.48 $ 423.96 12.72 $ 436.68 per room 320 Motel - 90.17 15.73 348.69 $ 454.60 13.64 $ 468.23 per room 430 Golf Course - 50.39 8.79 265.33 $ 324.51 9.74 $ 334.25 per acre 437 Bowling Alley - 0.21 0.04 1.75 $ 2.00 0.06 $ 2.06 per square foot 443 Movie Theater - 0.30 0.05 4.11 $ 4.46 0.13 $ 4.60 per square foot 460 Arena - 683.80 119.33 1,754.65 $ 2,557.77 76.73 $ 2,634.50 per acre 480 Amusement Park - 1,865.90 325.61 3,988.36 $ 6,179.86 185.40 $ 6,365.26 per acre 490 Tennis Courts - 50.04 8.73 856.00 $ 914.77 27.44 $ 942.21 per acre 491 Racquet/Tennis Club - 0.06 0.01 0.74 $ 0.81 0.02 $ 0.84 per square foot 492 Health/Fitness Center 0.14 0.03 1.73 $ 1.90 0.06 $ 1.96 per square foot 495 Recreational Community Center - 0.25 0.04 1.78 $ 2.08 0.06 $ 2.14 per square foot 520 Private Elementary School - 0.20 0.04 0.76 $ 1.00 0.03 $ 1.03 per square foot 530 Private High School - 0.13 0.02 0.68 $ 0.84 0.03 $ 0.86 per square foot 560 Church/Synagogue - 0.07 0.01 0.51 $ 0.59 0.02 $ 0.61 per square foot 565 Day Care Center - 0.58 0.10 0.49 $ 1.17 0.04 $ 1.20 per square foot Milton Impact Fee Ordinance 24 566 Cemetery - 16.71 2.92 263.66 $ 283.28 8.50 $ 291.78 per acre 610 Hospital - 0.60 0.11 0.63 $ 1.34 0.04 $ 1.38 per square foot 620 Nursing Home - 0.48 0.08 0.35 $ 0.91 0.03 $ 0.94 per square foot 630 Clinic - 0.81 0.14 1.50 $ 2.45 0.07 $ 2.52 per square foot 710 General Office Building - 0.68 0.12 0.63 $ 1.43 0.04 $ 1.47 per square foot 714 Corporate Headquarters Building - 0.70 0.12 0.45 $ 1.28 0.04 $ 1.32 per square foot 715 Single-Tenant Office Building - 0.65 0.11 0.66 $ 1.42 0.04 $ 1.47 per square foot 720 Medical-Dental Office Building - 0.83 0.15 2.06 $ 3.04 0.09 $ 3.13 per square foot 760 Research and Development Center - 0.60 0.10 0.46 $ 1.17 0.04 $ 1.20 per square foot 770 Business Park Building - 0.63 0.11 0.71 $ 1.45 0.04 $ 1.49 per square foot 812 Building Materials and Lumber Store - 0.29 0.05 2.27 $ 2.60 0.08 $ 2.68 per square foot 813 Free-Standing Discount Superstore - 0.20 0.03 2.36 $ 2.59 0.08 $ 2.67 per square foot 814 Variety Store - 0.20 0.03 1.94 $ 2.17 0.07 $ 2.24 per square foot 815 Free-Standing Discount Store - 0.41 0.07 2.16 $ 2.64 0.08 $ 2.72 per square foot 816 Hardware/Paint Store - 0.20 0.03 1.27 $ 1.50 0.05 $ 1.55 per square foot 817 Nursery (Garden Center) - 0.64 0.11 3.42 $ 4.17 0.13 $ 4.29 per square foot 818 Nursery (Wholesale) - 0.34 0.06 1.96 $ 2.36 0.07 $ 2.43 per square foot 820 Shopping Center - 0.34 0.06 1.99 $ 2.40 0.07 $ 2.47 per square foot 823 Factory Outlet Center - 0.34 0.06 1.33 $ 1.74 0.05 $ 1.79 per square foot 826 Specialty Retail Center 0.41 0.07 2.22 $ 2.70 0.08 $ 2.78 per square foot 841 Automobile Sales - 0.31 0.05 1.58 $ 1.95 0.06 $ 2.01 per square foot 843 Auto Parts Store - 0.20 0.03 1.69 $ 1.92 0.06 $ 1.98 per square foot 848 Tire Store - 0.26 0.05 1.03 $ 1.34 0.04 $ 1.38 per square foot 849 Tire Superstore - 0.26 0.05 1.05 $ 1.36 0.04 $ 1.40 per square foot 850 Supermarket - 0.24 0.04 2.72 $ 3.00 0.09 $ 3.09 per square foot 851 Convenience Market (Open 24 Hours) - 0.37 0.06 9.14 $ 9.58 0.29 $ 9.86 per square foot 853 Convenience Market with Gasoline Pumps - 0.37 0.06 8.38 $ 8.81 0.26 $ 9.08 per square foot 854 Discount Supermarket 0.46 0.08 2.93 $ 3.47 0.10 $ 3.57 per square foot 860 Wholesale Market - 0.17 0.03 0.25 $ 0.45 0.01 $ 0.47 per square foot 857 Discount Club - 0.27 0.05 1.58 $ 1.89 0.06 $ 1.95 per square foot 862 Home Improvement Superstore - 0.20 0.03 0.59 $ 0.82 0.02 $ 0.85 per square foot 863 Electronics Superstore - 0.20 0.03 0.75 $ 0.98 0.03 $ 1.01 per square foot Milton Impact Fee Ordinance 25 876 Apparel Store - 0.34 0.06 2.02 $ 2.42 0.07 $ 2.49 per square foot 875 Department Store 0.41 0.07 0.69 $ 1.17 0.04 $ 1.21 per square foot 880 Pharmacy/Drugstore - 0.34 0.06 2.23 $ 2.63 0.08 $ 2.71 per square foot 890 Furniture Store - 0.09 0.01 0.06 $ 0.16 0.00 $ 0.17 per square foot 912 Drive-in Bank - 0.98 0.17 2.02 $ 3.17 0.10 $ 3.27 per square foot 931 Quality Restaurant - 1.53 0.27 2.12 $ 3.91 0.12 $ 4.03 per square foot 932 High-Turnover (Sit-Down) Restaurant - 1.53 0.27 2.99 $ 4.79 0.14 $ 4.93 per square foot 934 Fast-Food Restaurant - 2.24 0.39 8.30 $ 10.92 0.33 $ 11.25 per square foot 941 Quick Lubrication Vehicle Shop - 430.84 75.18 2,056.24 $ 2,562.26 76.87 $ 2,639.12 per service bay 944 Gasoline/Service Station 32.83 5.73 2,087.95 $ 2,126.50 63.80 $ 2,190.30 per pump 945 Gasoline Station w/Convenience Market - 0.04 0.01 1,411.45 $ 1,411.50 42.34 $ 1,453.84 per pump 947 Self-Service Car Wash - 41.03 7.16 2,675.59 $ 2,723.78 81.71 $ 2,805.49 per stall Milton Impact Fee Ordinance 26 HOME OF'THE BEST QUALITY OF LIFE IN GEpRGIA MILTONV- ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ16-02/VC16-01 -To Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141(d)(1)(b)]. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: krAPPROVED /) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (4 -MO CITY ATTORNEY REVIEW REQUIRED: 0 YES (,yNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 041y118611, ©,* Yaue PHONE: 678.242.25001 FAX: 678.242.2499 '�G-reeri **cera* inlo@cilyolmiltongams I w .cltyofmiBanga.us w m Community * F.':� j 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 � __•^•_ •+_•_� a Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 1 of 25 RZ16-02/VC16-01 RZ16-02/VC16-01 PROPERTY INFORMATION ADDRESS 745 Ebenezer Road DISTRICT, LAND LOT 2/2 1016, 1073, 1074 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 63.57 EXISTING USE Undeveloped PROPOSED USE 50 Single Family Residential lots PETITIONER Brightwater Homes, LLC – Charlie Bostwick ADDRESS 230 Hammond Drive Sandy Springs, GA 30328 REPRESENTATIVE Pete Hendricks 6085 Lake Forrest Drive, Suite 200 Atlanta, GA 30328 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 23, 2016 RZ16-02 – DENIAL VC16-01 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 23, 2016 RZ16-02 – DENIAL (7-0) VC16-01 – DENIAL (7-0) INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 single family homes on 63.57 acres at an overall density of 0.79 units per acre and a concurrent variance to increase the maximum lot coverage from 20 percent to 50 percent for each individual lot (Sec. 64-1141(d)(1)(b)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 2 of 25 RZ16-02/VC16-01 PLANNING COMMISSION RECOMMENDATION – FEBRUARY 24, 2016 RZ16-02/VC16-01 – DEFERRAL TO THE MARCH 23, 2016 PLANNING COMMISSION MEETING Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 3 of 25 RZ16-02/VC16-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 4 of 25 RZ16-02/VC16-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 5 of 25 RZ16-02/VC16-01 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 6 of 25 RZ16-02/VC16-01 50 lot development plan (yield plan) per Sec. 64-896 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 7 of 25 RZ16-02/VC16-01 Level Three Soil Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 8 of 25 RZ16-02/VC16-01 Level Three Soil Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 9 of 25 RZ16-02/VC16-01 Site Plan submitted on January 7, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 10 of 25 RZ16-02/VC16-01 Revised Conceptual Site Plan Submitted February 17, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 11 of 25 RZ16-02/VC16-01 Revised Site Plan Submitted on March 17, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 12 of 25 RZ16-02/VC16-01 Rendered Yield Plan Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 13 of 25 RZ16-02/VC16-01 SUBJECT SITE AND BACKGROUND: The subject site contains 63.57 acres and is undeveloped although one of the parcels did have a single family residence adjacent to the lake which has been demolished. The site is zoned AG-1 (Agricultural) and is located within the “Agricultural, Equestrian, Estate Residential ” designation of the 2030 City of Milton Comprehensive Plan. The applicant is requesting a rezoning to CUP (Community Unit Plan) to build 50 single family residences at an overall density of 0.79 units per acre. SITE PLAN ANALYSIS DEVELOPMENT PLAN – SEC. 64-896 Properties not served by sanitary sewer shall be required to provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. The applicant has submitted all of the above listed items depicted as a “traditional” AG-1 (Agricultural) district subdivision. Based on these parameters, the maximum number of lots that can be developed is 50 lots. Staff also refers to this plan as the “Yield Plan”. DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height Applicant has not indicated height Minimum lot area as specified in conditions The minimum lot size shown is 11,250 sq. ft. Minimum CUP development size shall be four acres The CUP development size is 63.57 acres Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 14 of 25 RZ16-02/VC16-01 Maximum density allowed is 5 units per gross acre The density of the subject site is 0.79 units per acre Minimum lot width (at building line) per conditions 72 feet Minimum CUP development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 20 feet minimum Minimum heated floor area as specified in conditions 2,400 square feet Minimum perimeter setback as specified Per the site plan The following are proposed building setbacks and development standards for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 10 feet (20 feet previously) b) Side yard setback – 5 feet with minimum 15-foot separation between buildings c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 20 feet The applicant has indicated that there will be a minimum of 50 percent open space. Below is the Zoning Ordinance’s definition of “open space”: Open space means a portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc. (2) The term "open space" does not include detention facilities and platted residential lots. OTHER SITE PLAN CONSIDERATIONS OF THE APPLICANT’S REVISED CONCEPTUAL SITE PLAN SUBMITTED MARCH 17, 2016 The proposed site plan does not indicate sidewalks within the development or along Ebenezer Road. The construction of sidewalks within a residential land use designation of one unit or less shall be decided on a case-by-case basis pursuant to Chapter 50 of Subdivisions (City Code). The applicant has stated Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 15 of 25 RZ16-02/VC16-01 that internal walking paths throughout the entire property should be considered in lieu of the sidewalk requirement. Staff notes that Ebenezer Road and its associated right-of-way is in the City of Roswell. Therefore, Staff has included transportation conditions to be coordinated with the City of Roswell. The conceptual site plan submitted on March 17, 2016 does not show any stormwater management facilities on the site. A conceptual stormwater management plan will be required prior to the submittal of a Land Disturbance Permit. The applicant proposes to utilize a community septic system where each lot will have its own septic tank and the effluent is pre-treated and then applied onto a dedicated site for leaching for the entire community. The site plan indicates the general location of the community septic leaching area in the undeveloped area on the site plan submitted on January 7, 2016. Staff notes that this system would be evaluated and permitted by the Georgia Department of Natural Resources, Environmental Protection Division and not the Fulton County Health Department. SITE PLAN OBJECTIVES FOR THE PROPOSED DEVELOPMENT It is Staff’s opinion that in order to preserve the subject site and create a community that is designed with the property and its unique qualities, Staff suggests the following objectives when evaluating the proposed site plan: 1) Conservation Area (size) – The overall amount of open space or conservation area is 50%. The majority is located in the northeast portion of the property and it is Staff’s opinion that this northeast portion of the property should be developed in order to preserve the rural view shed along Ebenezer Road. 2) Small rural enclave or hamlets – The development pattern appears to be more suburban in character than enclave or hamlets. 3) Small residential nodes – There are three areas but two of the three areas dead end and do not connect. 4) Consider this parcel as part of a larger overall plan for the area – Potential for connecting with adjacent parcels that may be developed in the future has not been shown on the site plan. 5) Preserve rural character from the roadway(s) – Although there is approximately 100 feet of viewshed with additional area on the eastern portion of the site adjacent to Ebenezer Road, more of the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 16 of 25 RZ16-02/VC16-01 development should be pushed away from the road to protect the existing pastureland and placed in the north east section of the site. 6) Vehicular and pedestrian inter-connectivity – It appears there can be easy pedestrian inter-connectivity, but vehicular inter-connectivity is not shown to adjacent parcels. 7) Naturalized detention area(s)- It appears that the existing pond will be utilized but further details will be needed. 8) Internal trail network- There is an internal trail network on the site. 9) Rural architecture/local vernacular – The applicant is in agreement with this type of architecture but has not agreed to individual building permit approval by the City Architect. 10) Preserve existing vegetation and topography to the extent possible when siting homes. The applicant has indicated that he is not in agreement for the City Arborist to approve each lot’s site plan for removal of vegetation which is not subject to the Tree Preservation Ordinance. 11) Variable lot sizes and building locations on the lot – Although there are different size lots, they are divided up into four locations instead of creating pods of home sites so that there is the opportunity to locate homes based on topography and vegetation. This method would preserve specimen trees and or stands of trees on the site. It is Staff’s recommendation not to support the applicant’s revised conceptual site plan submitted March 17, 2016 because it does not meet the above site plan objectives and provide the best solution for developing the subject site. The applicant submitted a set of architectural conditions on April 19, 2016 for the proposed development. If this petition is approved, Staff is in support of them and are included in the Recommended Conditions. VC16-01 - To increase the maximum lot coverage from 20 percent to 50 percent for each individual lot (Sec. 64-1141(d)(1)(b)). The applicant has requested the above concurrent variance to increase the maximum lot coverage based on the fact that the lots are small in size and would not meet the maximum 20 percent requirement which is typically attainable when one acre lots are developed. Staff does not recommend the submitted site plan by the applicant and therefore recommends DENIAL of VC16-01 but the request is included in the Recommended Conditions if the Mayor and City Council choose to approve the increased lot coverage to 50 percent. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 17 of 25 RZ16-02/VC16-01 ENVIRONMENTAL SITE ANALYSIS The applicant has completed the listing of questions on the ESA as required by Section 64-2126 of the zoning ordinance. A field survey of the site was conducted by Staff and verified the presence of a perennial stream, manmade pond, wetlands, flood plain, steep slopes, and specimen trees. CITY ARBORIST The applicant included the specimen trees on the yield plan. At the time of submittal of a land disturbance permit, more detailed evaluation of the specimen trees will be made. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 18 of 25 RZ16-02/VC16-01 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 19 of 25 RZ16-02/VC16-01 PUBLIC INVOLVEMENT On January 26, 2016 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were seven residents from the community in attendance who signed the sign in sheets. The community stated that they were concerned about the additional traffic that 50 lots would produce and the small lots instead of one acre lots. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Monday, February 15, 2016 at the Kroger Community Room at12460 Crabapple Road. There were ten residents in attendance. Attached at the end of the report are the questions and concerns raised at the meeting. The applicant provided the required Public Participation Report on February 19, 2016 via e-mail. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – February 2, 2016 Comments: The applicant will revise plans after community/staff meetings and re- present to the DRB at its March meeting. The applicant did not have a revised site plan available for the March meeting. Staff suggests that it can be presented at the April DRB meeting. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 50 lot single family residential subdivision developed at a density of 0.79 units per acre is inconsistent with adjacent and nearby properties which are scattered single family residences on large lots. The proposed lots are less than one acre in size, the distance of some of the proposed lots adjacent to the west property line is less than 50 feet although the lots adjacent to the east and north are more than a typical 50 foot AG-1 building setback. It is Staff’s opinion that the applicant can create a more appropriate development pattern by moving a portion of Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 20 of 25 RZ16-02/VC16-01 the lots to the northeastern portion of the site where there is no development. This would allow for a larger “view shed” along Ebenezer Road and eliminate the dead end cul-de-sacs. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties and the site can be developed so that the lots can be moved away from Ebenezer Road to preserve the rural viewshed and cross the stream to the northeast portion of the site. In addition, there can be groupings of lots with greenspace in between and the ability to site each house to preserve any appropriate vegetation or topography. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning which will have an impact on the Crabapple Crossing Elementary, Northwestern Middle School, and Milton High School. Although all three schools are enrolled over the capacity, the schools are made aware of the demographic changes occurring in the region. The proposed subdivision, if developed with the Recommended Conditions regarding transportation may not have a negative impact on exciting streets, transportation facilities, or utilities if developed with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 City of Milton Comprehensive Plan: Agricultural, Equestrian, Estate Residential Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 21 of 25 RZ16-02/VC16-01 Proposed use/density: Single Family Residential at 0.79 units per acre Although the proposed CUP (Community Unit Plan) development conforms to the recommended overall density of one unit or less per acre, it does not conform to the following suggested policy and intent of the 2030 City of Milton Comprehensive Plan if developed with the Recommended Conditions. We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? It is Staff’s opinion that the proposed conceptual site plan submitted on March 17, 2016 by the applicant does not provide the best site plan for the subject site considering the site’s pristine, rural character. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use may not be environmentally adverse to the natural resources, environment and citizens of the City, but it is the opinion of Staff that the homes can be better sited on the property to preserve the natural resources such as trees and unique topography of the site. CONCLUSION Based on the above analysis of the proposed development, Staff recommends DENIAL of RZ16-02 and VC16-01. If the Mayor and City Council chooses to approve the applicant’s conceptual site plan submitted on March 17, 2016, the attached Recommended Conditions should be approved. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 22 of 25 RZ16-02/VC16-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 745 Ebenezer Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 50 total dwelling units at a maximum density of 0.79 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised concept site plan submitted on March 17, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 11,250 square feet b) Minimum lot width (at building line) – 72 feet c) Minimum lot frontage – 20 feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 23 of 25 RZ16-02/VC16-01 d) Minimum heated floor area per unit – 2,400 square feet e) Minimum front yard setback – 10 feet f) Minimum side yard setback – 5 feet with a 15 foot building separation g) Minimum side yard setback adjacent to a street – 20 feet h) Minimum rear yard- 20 feet i) Adjacent to AG-1 (Agricultural) – Per the Site Plan j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of each building permit, the City Architect shall approve exterior elevations and placement of the building on the lot. l) Prior to issuance of each building permit or individual grading permit, the City Arborist shall approve the number and type of trees and vegetation that can be removed from the lot. m) Provide a minimum of 50 percent open space. n) Maximum lot coverage of 50 percent for each individual lot. (VC16-01). o) In order to provide a defined building construction area, provide a plan at the time of Land Disturbance Permit submittal that indicates the areas of disturbance including grading and tree removal for the site. All areas not disturbed or graded shall remain in a natural state. p) Landscaping to be 80% native species from Eastern United States 4) To the owner’s agreement to the following building development considerations: a) Historically inspired American style homes using rural and small town vernacular architecture. b) Façade and Exterior Finishes: 1. Cladding shall consist of a mix of: i. Natural Stone – no synthetic stone ii. Lap Siding to be fiber cement board 1. Smooth finish boards 2. Variety of siding exposure widths iii. Board and Batten iv. Natural Wood Shake v. Variety of traditional brick colors and textures found in rural and small town America 2. Front porches (minimum 8 feet deep) or wrap around porches: i. Appropriately sized columns ii. Columns using classical orders Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 24 of 25 RZ16-02/VC16-01 3. Windows sashes to include muntin patterns of six lights over six, 3/1, 4/1, 6/1, 9/9, 1/1 or 2/2. 4. When shutters are used, they will include hinges and be sized appropriately for the window. 5. Roofing materials to include allowable roof types: i. Standing Seam Metal ii. Architectural Asphalt Shingles iii. Wood Shake 6. Roofs shall be sloped or gabled, shed roofs for accent only. 7. Metal gutters with round downspouts. 8. Carriage Style Garage Doors. 9. Rear of homes along Ebenezer road to include four sides architecture. 5) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) Dedicate at no cost to the City of Roswell prior to the approval of a Land Disturbance Permit, sufficient land as required by the City of Roswell Department of Transportation i. Proposed right-of-way shall be located no less than 16 feet behind the edge of pavement of Ebenezer Road as required by the City of Roswell Department of Transportation ii. Provide 5 foot wide sidewalk with minimum 10 foot wide grass strip along entire property frontage of Ebenezer Road as approved by the City of Roswell Department of Transportation. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department and City of Roswell Department of Transportation. b) Dedicate at no cost to the City of Milton sufficient land as necessary to provide for 50 feet of right of way from the proposed roadway to the northwest property line for future interparcel connection as required and approved by the City of Milton Public Works Department. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 25, 2016 (First Presentation April 11, 2016) 4/21/2016 Page 25 of 25 RZ16-02/VC16-01 c) Access to the site shall be subject to the approval of the City of Milton Public Works Department and the City of Roswell Department of Transportation, prior to the issuance of a Land Disturbance Permit. 6) To the owner’s agreement to abide by the following: a) Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. b) Owner agrees to limit the number of homes adjacent to the viewshed along Ebenezer Road to no more than seven (7) homes. c) Owner agrees to the following items regarding the community septic system: i. Owners shall submit a perpetual maintenance and operations bond sufficient to cover the replacement of all essential mechanical equipment and provide for a minimum of three years of contract operations services. The perpetual maintenance and operations bond shall be in a form and amount acceptable to the City and from a surety rated no less than B++ by A.M. Best. ii. Owner shall submit a Trust Indenture in a form acceptable to the Georgia Environmental Protection Division and the city of Milton shall have the authority to approve the Trustee. The Owner shall provide written statements indicating that the proposed Trustee’s relationship to the Grantor does not create a conflict of interest for the Trustee and that the Trustee is willing and capable of the responsibilities established by the Trustee Indenture. iii. Owner shall submit to the city, prior to City Council approval, confirmation from Fulton County that the proposed septic system is in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. iv. City shall have the right to review and approve the design of any community septic system proposed for the project prior to the issuance of a land disturbance permit. v. No expansion of the system, other than as may be required by the appropriate regulatory authority, shall be permitted and no lots, other than those shown on the approved site plan shall be added to the community septic system. Neighborhood covenants shall be prepared and recorded that provide that the system shall not be expanded to serve lots or development outside of the lots on the approved site plan. Page 1 of 9 ORDINANCE NO._______ PETITION NO. RZ16-02/VC16-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) AND CUP (COMMUNITY UNIT PLAN) FOR A 50 LOT SINGLE FAMILY SUBDIVISION ON 63.57 ACRES LOCATED AT 745 EBENEZER ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 25, 2016 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 745 Ebenezer Road consisting of a total of approximately 63.57 acres as described in the attached legal description , be approved for a 50 lot single family subdivision zoned CUP (Community Unit Plan) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1016, 1073, and 1074 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved under the provisions in Article VI, Division 23, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 25th day of April, 2016. Page 2 of 9 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 9 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 745 Ebenezer Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows : a) Single family detached dwellings and accessory uses and structures. b) No more than 50 total dwelling units at a maximum density of 0.79 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised concept site plan submitted on March 17, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 11,250 square feet b) Minimum lot width (at building line) – 72 feet c) Minimum lot frontage – 20 feet d) Minimum heated floor area per unit – 2,400 square feet e) Minimum front yard setback – 10 feet Page 4 of 9 f) Minimum side yard setback – 5 feet with a 15 foot building separation g) Minimum side yard setback adjacent to a street – 20 feet h) Minimum rear yard- 20 feet i) Adjacent to AG-1 (Agricultural) – Per the Site Plan j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of each building permit, the City Architect shall approve exterior elevations and placement of the building on the lot. l) Prior to issuance of each building permit or individual grading permit, the City Arborist shall approve the number and type of trees and vegetation that can be removed from the lot. m) Provide a minimum of 50 percent open space. n) Maximum lot coverage of 50 percent for each individual lot. (VC16-01). o) In order to provide a defined building construction area, provide a plan at the time of Land Disturbance Permit submittal that indicates the areas of disturbance including grading and tree removal for the site. All areas not disturbed or graded shall remain in a natural state. 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) Dedicate at no cost to the City of Roswell prior to the approval of a Land Disturbance Permit, sufficient land as required by the City of Roswell Department of Transportation i. Proposed right-of-way shall be located no less than 16 feet behind the edge of pavement of Ebenezer Road as required by the City of Roswell Department of Transportation ii. Provide 5 foot wide sidewalk with minimum 10 foot wide grass strip along entire property frontage of Ebenezer Road as approved by the City of Roswell Department of Transportation. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department and City of Roswell Department of Transportation. b) Dedicate at no cost to the City of Milton sufficient land as necessary to provide for 50 feet of right of way from the proposed roadway to the northwest property line for future interparcel connection as required and approved by the City of Milton Public Works Department. c) Access to the site shall be subject to the approval of the City of Milton Public Works Department and the City of Roswell Department of Transportation, prior to the issuance of a Land Disturbance Permit. Page 5 of 9 5) To the owner’s agreement to the following building development considerations: a) Historically inspired American style homes using rural and small town vernacular architecture. b) Façade and Exterior Finishes: 1. Cladding shall consist of a mix of: i. Natural Stone – no synthetic stone ii. Lap Siding to be fiber cement board 1. Smooth finish boards 2. Variety of siding exposure widths iii. Board and Batten iv. Natural Wood Shake v. Variety of traditional brick colors and textures found in rural and small town America. 2. Front porches (minimum 8 feet deep) or wrap around porches: i. Appropriately sized columns ii. Columns using classical orders 3. Windows sashes to include muntin patterns of six lights over six, 3/1, 4/1, 6/1, 9/9, 1/1 or 2/2. 4. When shutters are used, they will include hinges and be sized appropriately for the window. 5. Roofing materials to include allowable roof types: i. Standing Seam Metal ii. Architectural Asphalt Shingles iii. Wood Shake 6. Roofs shall be sloped or gabled, shed roofs for accent only. 7. Metal gutters with round downspouts. 8. Carriage Style Garage Doors. 9. Rear of homes along Ebenezer road to include four sides architecture. 6) To the owner’s agreement to abide by the following: a) Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Page 6 of 9 b) Owner agrees to limit the number of homes adjacent to the viewshed along Ebenezer Road to no more than seven (7) homes. c) Owner agrees to the following items regarding the community septic system: i. Owners shall submit a perpetual maintenance and operations bond sufficient to cover the replacement of all essential mechanical equipment and provide for a minimum of three years of contract operations services. The perpetual maintenance and operations bond shall be in a form and amount acceptable to the City and from a surety rated no less than B++ by A.M. Best. ii. Owner shall submit a Trust Indenture in a form acceptable to the Georgia Environmental Protection Division and the city of Milton shall have the authority to approve the Trustee. The Owner shall provide written statements indicating that the proposed Trustee’s relationship to the Grantor does not create a conflict of interest for the Trustee and that the Trustee is willing and capable of the responsibilities established by the Trustee Indenture. iii. Owner shall submit to the city, prior to City Council approval, confirmation from Fulton County that the proposed septic system is in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. iv. City shall have the right to review and approve the design of any community septic system proposed for the project prior to the issuance of a land disturbance permit. v. No expansion of the system, other than as may be required by the appropriate regulatory authority, shall be permitted and no lots, other than those shown on the approved site plan shall be added to the community septic system. Neighborhood covenants shall be prepared and recorded that provide that the system shall not be expanded to serve lots or development outside of the lots on the approved site plan. Page 7 of 9 Page 8 of 9 Page 9 of 9 REVISED SITE PLAN SUBMITTED MARCH 17, 2016 no HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 20, 2016 FROM: Steven Krokoff, Interim City Managed AGENDA ITEM: Consideration of a Resolution to Restate Adoption Agreements between the City of Milton and ICMA-RC as Required by the IRS for the City's 401 Defined Contribution Plans and Allow for a Loan Provision in the Plan. MEETING DATE: Monday, April 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (JXPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (41fES () NO CITY ATTORNEY REVIEW REQUIRED: (J-fES () NO APPROVAL BY CITY ATTORNEY APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0,412470�6 REMARKS In * Your �.. . * . PHONE: 678.242.25001 FAX: 678.242.2 499 'Gillen I "�a; IMW lIMofegyolmlRonga.us I w .ciFyofmlltonga.ua x';uui COMMllnity 1 Fs; ! 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on April 8, 2016 for May 2, 2016 Regular Council Meeting (First Presentation at the April 25, 2016 Regular Council Meeting) Agenda Item: Consideration of a Resolution to Restate Adoption Agreements between the City of Milton and ICMA-RC as Required by the IRS for the City’s 401 Defined Contribution Plans and Allow for a Loan Provision in the Plan ____________________________________________________________________________ Department Recommendation: Approve the attached resolution amending the current defined contribution plans. Executive Summary: The attached ordinance reflects a required restatement of our 401 plans currently with the ICMA-RC. The only change to these plan documents is the inclusion of a provision allowing employees to borrow against vested funds. Funding and Fiscal Impact: These changes have no financial impact on the City. Alternatives: Other Council directed action. Legal Review: Megan Martin, Jarrard & Davis Steve Cornelison, Stewart, Melvin and Frost April 7, 2016 Concurrent Review: Steven Krokoff, Interim City Manager Carter Lucas, Assistant City Manager Attachment(s): Plan Documents ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT ICM/RC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number 106328 The Employer hereby establishes a Money Purchase Plan and Trust to be known m CITY OF MILTON 401(a) Plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. m Yes ❑ No If yea, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF MILTON 401(a) Plan (plan includes plan numbers 106635106470 106328) 1. Employer: CITY OF MILTON If. Effective Dates m 1. Effective Daze of Restatement 1£ this document is a restatement of an jsdng plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: (Note: An alternate effective date can be no earlier than January 1, 2007.) ❑ 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. Item A. 5 (loans) is effective as of January 1, 2016, Item XI. 4 (in service distribution of rollovers) is effective as of January 1, 2016 (Note provision and effective date.) III. Plan Year will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) m The twelve (12) consecutive month period commencing on 01/01 and each anniversary thereof. IV Norval Retirement Age shall be age 65.0 (not to exceed age 65). Important Note to Employers. Normal Retirement Age is significant for determining the earliest date at which the Plan may It. for in-service distributions. Normal Retirement Age also defines the latest dare at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: ✓ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safery Employees General Employees ✓ Other Employees (Specify the group(s) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) exclude employees hired or rehired on or after 7/1/2014 The group specified most correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stared in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) N/A If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 18 (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute ae follows: (Choose all that apply, but at least one of Options A or B. If Option A is not selected, Employer must pick up Participant Contributions under Option B.) Find Employer Contributions With or Without Mandatory participant Contributions. (If Option B is chosen, please complete section C.) m A. Emplo3srContributions TUw Employer shall contribute on behalf of each Participant 3.75 Wo of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions © are required ❑ are not required to be eligible for this Employer Contribution. m B. Mandatory Par' Conji,gligns for Plan P ' 'R_ Required Mandmory Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: m Yes ❑ No Money Purchase Plan Adoption Agreement P,mpl Opt -In Mandatory C 'b . Each Employee eligible to participate in the Plan shall be given the oppormniry to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Contribution Schedule (i) 3.75 / of Earnings, 60 $-,a, (iii) a whole percentage of Earnings between the range of (inert range of percentages between I % and 2096 inclusive (e.g., 3%, 6%, or 20%, 5% to 790)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employer "Pick tip". The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). mYes ❑ No ("Yee" is the defau& provision under the Phan if no selection is made.) ❑ C. Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of nla days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute m follows: ❑ A. Fixed Employer Match f V I ryAft $ Prticivant Contributions, The Employer shall contribute on behalf of each Participant _% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. ❑ B. Vaelable Emplmr Match ofVoliiDAaryAfLTuParticip2ntContiibutions.The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _% of Earnings or $ 1 Neither an IRS advisory letter nor a determination liner issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are "picked sip" by the Employer are not includable in the Participant's gross income for federal income tar purposes Pick-up cannibutions see not mandated to receive private Inner rulings, however fan adopting employer wishes to receive 4 ruling on pick-up contributions they may request one in accordance with Revenue Procedure 1012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate _% of Earnings or $ L Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ _ or _"/ of Earnings, whichever is _ more or _ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ❑ Yes 0 No (No"is the default prevision under the Plan if no selection is made.) 4. Employer contributions for a Plan Yen shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): BIWEEKLY 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): BI -WEEKLY 6. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: ❑ Yes ❑ No ('Yes" is the defaultprovition under the Plan ifno selection is made.) If yes is selected, this is effective beginning January 1, 2009 unless another later effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes ❑ No ("No" is the defaukprovision under the Plan ifno selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007, unless another later effective date is filled in here Money Purchase Plan Adoption Agreement VIL EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include 1. Overtime ® Yes ❑ No 2. Bonuses m Yes ❑ No 3. Other Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. the Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: m Yes ❑ No (`Yes" is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed malml; them available If the Plan delayed making such rollovers available check the box below and indicate the later effective dace in the space provided. ❑ Effective Date is (Note. Plans mast offer direct rollovers by nau.spowe bmefciarier no later than plan years beginningafter December 31, 2009.) IS. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. Me effective date listed cannot be biter than 90 days after the close of thefirst regular legislative session of the legislative body with authority to amend the plan that begins on or afterJuly 1, 2007.) Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service completed Percent Vista] Zero 100 % One 100 % T. 100 % Thme 100 % Four 100 % Five 100 % SIX 100 % Seven 100 % Eight 100 % Nine 100 % Ten 100 % XI. WITHDRAWALS AND LOANS 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): ❑ Normal Retirement Age 0 Age 7042 ("7055"is the defaak provision under the Plan ifno selection is made.) ❑ Alternate age (after Normal Retirement Age): ❑ Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. ❑ Yes ❑ No ("Ye✓' is the defaultprovision under the plan ifno selection is made.) 3. Tax-free distributions of up to $3,000 for the direct payment of qualifying insuranw premiums for eligible retired public safety officers are available under the Plan. ❑ Yes 0 No (No"is the defaahpremit ioa under tote Plan ifno selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. 0 Yes ❑ No (No" is the default provision under the Plan ifno selection is made.) 5. Loans are permitted under the Plan, as provided in Article X111 of the Plan:O Iy from sources conhibated under Plan Number IM328 0 Yes ❑ No (No" is tote defaukprovision under the Plan ifno selection is made.) Money Purchase Plan Adoption Agreement XII. SPOUSAL PROTECTION 'Ihe Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any persons) as the Beneficiary of the Plan, with no spousal cement required. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary (`Benefirimy Spousal Cement Eleetion" is the default provision under the Plan if no selection is tirade,) 03. OJ SA Election (Amide XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of Final Pay— must be leave that Employee would have been able to we if employment bad continued and mutt be bona file varation and/or sick leave): ❑ 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute _ % (insert fixed percentage of final pay to be contributed) of up to _% (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. 'the following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: Accrued Leave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. xv. The Employer hereby attests that it is a unit of state of local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer undusom& that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on Much 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) "less the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of 20_ EMPLOYER By: Print Name: Tide: Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: _ Print I Title: Attest. ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY ADOPTION AGREEMENT PURCHASE PLAN & TRUST icmARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number 100470 The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF MILTON (the `Plan') in the form of the ICIvIA Retirement Corporation Governmental Money Purchase Plan and Trust. -Ibis Plan is an amendment and restatement of an existing defined contribution money purchase plan. © Yes ❑ No If yes, please specify the name of the defined contribution money purchase plan which this Plan busby amends and restates: CITY OF MILTON 401(a) Plan (plan includes plan numbers 106635 106470, 106328) I. Employer. CITY OF MILTON 11. Effective Dates ❑ 1. Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January I, 2007 unless an alternate effective date is hereby specified: 10/1/2007 (Note: An alternate effective date can be no earlier than January 1, 2007.) ❑ 2. Effective Daze of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the PlanYear during which the Employer adopts the Plan, unless an alternate Effective Dare is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from than noted in 1. or 2. above. Item XI. 4 (in service distribution of rollovers) is effective as of January 1, 2016 (Note provision and effective date.) III. Plan Year will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) mThe twelve (12) consecutive month period commencing on 01/01 and each anniversary thereof. IV. Normal Retirement Age shall he age 65.0 (not to exceed age 65). Important Note to Employers. Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vested right to his/her Account There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employers good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employers good faith, reasonable determination will generally be given deference. A special rule, however, applies in the we of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(1)(10) (B) of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: All Employees ✓ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employes _ Public Safety Employees General Employees s(Other Employees (Specify the group(s) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) Full time employees are those working 40 Exclude employees hired or re -hired on or after 7/1/2014 hours or more per week The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued L ve Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) 1 year If this waiver or reduction is elected, it shall apply to all Employees within the Coveted Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 18 (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shag contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is not selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) ❑ A. Employer Contributions. The Employer shall contribute on behalf of each Participant No of Earnings or $ for die Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions ❑ are required ❑ are not required to be eligible for this Employer Contribution. ❑ B. Mandatory Participant Contributions for Plan Participation Required Mandamsv Contributions. A Participant is requited to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: ❑ Yes ❑ No Money Purchase Plan Adoption Agreement 2 F I Opt -l' Mamiatow contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items In through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Contribution Schedule (i) _Wo of Earnings, (d) $ , or (iii) a whole percentage of Earnings between the range of (insert range of percentages between I% and 20% indwive (e.g., 3%, 6%, or 20%; 59a to 796)), as designated by clic Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant most pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employcr "Pick ud'. The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). ❑ Yes m No ("Yes" is the default pma,Won under the Alan if no selection is made) ❑ C. Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of _days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A. Fixed Empl=r Match ofylunrrscry After-Tiat Participarst Co 'b 'Ibe Employe shall contribute on behalf of each Participant _%n of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant bas contributed _% of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. 0 B. Variable Fmnlnver Match of Val +nran; Part cipant Contr'hanons . The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): 50 % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding 2% of Earnings or $ Wisn tax, Pmlid,nnt Cmmibadoos are before tan deferrnb under any 450(6) phm con ined.rd by the Employer 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are ),icked up" by the Employer are not includable in the Partkipanis gross income far federal income eau purposes. Pick-up contributions are not nmvdamd to receive private letter rulings, bowever. fan adopting employer wisher to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS _Yo of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate _Yo of Earnings or $ _ ). Employer Marching Contributions on behalf of a Participant for a Plan Year shall not exceed $ _ or 1% of Earnings, whichever is x more or _ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject m the limitations of Section 4.05 and Article V of the Plan: ❑ Yes m No (,,No- is the defoultprovlsion under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following die end of the calendar year or fiscal year bu applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): BI -WEEKLY 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): G. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: ❑ Yes m No ("Y a is the defauLprovision under the Plan ifno selection is made.) If yes is selected, this is effective beginning January 1, 2009 unless another later effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes ❑ No ("No" is the default provision sander the Plan f no selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007. unless motherlater effectivedate is filled ihere, Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime 0 Yes ❑ No 2. Bonuses 0 Yes ❑ No 3. Other Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: 0 Yes ❑ No ("Yea" is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available. If the Plan delaved makine such rollovers available, check the box below and indicate the later effective date in the space provided. ❑ Effective Date is (Note. Plans must of fir direct rollovers by non -spouse beneficiaries no later than plan years beginninga/irr December31, 2009.) IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. Me effective date listed cannot be hater than 90 days after the dose ofthefsrst regular legislative session ofthe %ginotive body with autbority to amend the phsn that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement X VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed V� ed— zAm 0 % One 0 % Two 10 Three 30 % Four 50 % Five 100 % Six 100 % Seven 100 % Eight 100 % Nine 100 % Ten 100 % XI. WITHDRAWALS AND LOANS 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): ❑ Normal Reurement Age ® Age 7042 ("7o9s"is the default provision under the Plan ifno selection is made.) ❑ Alternate age (after Normal Retirement Age): ❑ Not permitted at any age 2. A Participant shall be deemed to have a sevetance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. ❑ Yes ❑ No ('7s" is the defaultprovision under the plan ifno seleetion is made.) 3. Tax-free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. ❑ Yes m No ("No"is the defouli provision under the Plan if" selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. m Yes ❑ No ("No" is the defaultprovision under the Plan ifno selection is made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: ❑ Yes m No ("No" is the default provision under the Plan ifno selection is made.) Money Purchase Plan Adoption Agreement XII. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any persons) as the Beneficiary of the Plan, with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Beneficiary Spousal Content Election" is the defaultprovision under the Plan if no selection is made.) ❑ 3. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shaft be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of Final Pay— must be leave that Employee would have been able to use ifemployment had continued and must be bona fide vacation and/or sick leave): ❑ 1. Employee Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute _ % (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Pian). Once elected, an Employeds election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: Accrued Leave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accred Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute °h (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Xv. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendmemb) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amend ncra(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PIAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of die Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan u qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of 20 EMPLOYER By: Print Name: Title Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 Print Name: Title: Atter[ ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number 106635 The Employer hereby establishes a Money Purchase Plan and Trust to be known as CIN OF MILTON (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and resmtement of an mating defined contribution money purchase plan. © Yes ❑ No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CIN OF MILTON 401(a) Plan (plan includes plan numbers 106635,106470, 106328) I. Employes CIN OF MILTON 11. Effective Dates 01. Effective Date of Restatement If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby sperlfied: 4/1/2008 (Nota: An alternate effective dare an be no earlier than January 1, 2007.) ❑ 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective dare that is different from chat noted in 1. or 2. above. (Nom provision and effective date.) III. Plan Year will mean: ❑ 'Ihe twelve (12) consecutive month period which coincides with the limitation year. (See Section 5,03(f) of the Plan.) m The twelve (12) consecutive month period commencing on 01/01 and each anniversary thereof. IV. Normal Retirement Age shall be age 65.0 (not to exceed age 65). Impormnt Note to Employers Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest dam at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement t Whether an age between 55 and 62 satisfies this requirement depends on the facts and ckc mstances, but an Employers good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees General Employees 4'Other Employe. (Specify the groups) of eligible employees below. Do not specify employees by name. S ecific positions are acceptable.) City Manager and excludes all employees hired on or rehired after 7/1/20p14. The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the stare or locality of the Employee The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Now: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) N/A If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 18 (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is not selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) ❑ A. Employer Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions ❑ are required ❑ are not requited to be eligible for this Employer Contribution. ❑ B. Mandatory Participant Contributions for Plan Participation Rgquited Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: ❑ Yes ❑ No Money Purchase Plan Adoption Agreement 2 Fmpl=e Opt -In Mandaig" Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Contribution Schedule (i) °h of Earnings, (ii) $ , or (iii) a whole percentage of Earnings between the range of (insert range of percentages between 1 % and 20% inclusive (e.g., 3%, 6%, or 20%, 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Emeloyer "Pick up'. The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). ❑ Yes m No ("Yes" is the defaultprovition under the Plan ifno selection is tirade.) ❑ C. Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of _days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee tnrminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A- Fixed Employer March of Voluntary After -Tax Participant Contributions The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participants behalf in that Plan Year. m B. Variable Employer Match of Voluntary Participant Clnnrr'lonlnre The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): 50 Vo of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding 2 % of Earnings or $ Voluntary Participant Contributions are Woo tax deferrals under any 457tb) plan maintained by the Employer 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant vntributions that are "picked up" by the Employer are not i wludable in the Par wpand gross immoomforfederael income tar purposes. Pick-up contributions are not mandated to receive private letter mlings; however, ifan adopting employer wisher to revive a ruling on pick-up contributiom they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS _% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate _% of Earnings or $ _ ) Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ _ or % of Earnings, whichever is _ more or _ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ❑ Yes ❑ No ("No- is the default provision under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the renth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): 5. Participant contributions for a Plan Year shall be cmaributed to the Trust in accordance with the following payment schedule (no lacer than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): G. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: ❑ Yes ❑ No ("Yes" is the default provision ander the Plan if no selection is made.) If yes is selected, this is effective beginning January 1, 2009 unless anotherlater efffitulycdate is filled in here, B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes ❑ No ('Wo" is the default provision under the Plan icon selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007. unless anotherlater iffectivedate is filled in here, Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall indude: 1. Overtime 0 Yes ❑ No 2. Bonuses 0 Yes ❑ No 3. Other Pay (specifically describe any other types of pay to be included below) VILL ROLLOVER PROVISIONS I. The Employer will permit rollover contributions in accordance with Section 4.12 0£ the Plan: 0 Yes ❑ No ("Yee" it the default provision under the Plan if no selection is made.) 2. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available.If the Plan delayed aking such rollowers available,check the box below d indicate the late, effiettwe dare in rhe space provided. ❑ Effective Date is (Note. Plans must offer direct rollovers by nen-spouse beneficiaries no later than plan years beginning after Decemher31, 2009.) IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 0£ the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. (7be effective date listed cannot be later than 90 days after the close oftbe first regular legislative session of the legislative body with authority to amerul the plan that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Completed Percent Watts! zero 100 % One 100 % TWO 100 % three 100 % Four 100 % Five 100 % Six 100 % Seven 100 % Eight 100 % Nine 100 % Ten 100 % XI. WITHDRAWALS AND LOANS 1. In-service distributions arc permitted under the Plan after a participant attains (select one of the below options): ❑ Normal Retirement Age 0 Age 70% XII. SPOUSAL PROTECTION 'Ihe Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plant is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participants naming another Beneficiary. ("Beneficiary Spousal ComentElection" is the defauk provision render the Plan if no sdeetion it made.) m 3. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of rhe Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either I or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shall be defined . (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of Final pay — must be leave that Employee would have been able to we ifemploymeot had continued and must be bona fide vacation and/or sick leave): ❑ 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute _ % (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to rhe Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement XIV ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: Accrued Leave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employee Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant Mo of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Tcusc'Ibis ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to he executed on this day of 20. EMPLOYER ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: Ey — Print Name: Print Name: Tide: Tide: Attest. Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT icMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN &TRUST ADOPTION AGREEMENT Plan Number 108025 The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF MILTON PT 3.75% PLAN (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. © Yes ❑ No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF MILTON PT 3.75% PLAN 1. Employer: CITY OF MILTON II. Effective Dat. © 1. Effective Data of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: 07/01/2014 (Note: An alternate effective date can be no earlier than January 1, 2007.) ❑ 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that no red in 1. or 2. above. Item XI. 4 (in service distribution of rollovers) is effective as of January 1, 2016 (Note provision and effective date.) III. Plan Y. will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) m The twelve (12) consecutive month period commencing on January 1 and each anniversary thereof. IV Normal Retirement Age shall be age 55.0 (not to exceed age 65). Important Note to Emplayerc Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vesttd right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. 'the Normal. Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan am qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for rhe industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ NI Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees —General Employees ✓ Other Employees (Specify the group($) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) all employees scheduled to work less than 40 hour hired on or after July 1, 2014. The group specified most correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accmed Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or induces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment) o months If this waiver or reduction is elected, it shall apply to all Employees within rhe Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is NIA (not to exceed age 21. Write NIA if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS I. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is not selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) m A. Emolover Contributions. The Employer shall contribute on behalf of each Participant 3.75 % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions ❑ am required ❑ are not required to be eligible for this Employer Contribution. m B. Mandatory Participant Contributions for Plan Participation. Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: © Yes ❑ No Money Purchase Plan Adoption Agreement E,.,.J,. c Opt -in hdjDdatsW Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Cturtsibuti.n Shdl (i) 3.75 no of Earnings, (ii) $ , or (iii) a whole percentage of Earnings between the range of (invert range of percentages between I % and 20% inclusive (e.g., 3%, 6%, or 20%; 5% to 7%)), az designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. EmployeK "Pick up'. The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). m Yes ❑ No ("Yes" is the dsfau4 provision under the P14n if era selection is made.) ❑ C. Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of _days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A. Fixed Employer Match of Voluntary After -Tax Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participants behalf in that Plan Year. ❑ B. Variable Employer Match ofVoluntarvAfter-Tu Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): —% of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _% of Earnings or $ 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is s ruling by the Internal Revenue Service that Participant contributions that are picked up" by the Employer am not includable in the Participants grossmeforfederal income tax purpamr. Pick-up con o,ibutimu am not mandated to receive private letter ruling; however, fan adopting employer wishu to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 20124 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS _% of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate —% of Earnings or $ _ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ _ or _% of Earnings, whichever is _ more or _ less. 3. Each Participant may make a voluntary (unmatched), after rax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ❑ Yes m No ("No" is the default pm ieion soder the Plan if rw selection it made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year of fiscal year I. applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than die 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on rhe basis on which rhe Employer keeps in books) with or within which the particular Limitation year ends, or in accordance with applicable law): G. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer. A. Plan contributions will be made based on differential wage payments: ❑ Yes ❑ No ( "Yes" is the defau& provision under the Plax ifxo selectiox is made.) If yes is selected, this is effective beginning January 1, 2009 unless anotherI er effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes ❑ No ("No" is the defaulrprovision under rbe Plan if no selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007. unless mother later ff ive date is filled in here Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime ® Yes ❑ No 2. Bonuses m Yes ❑ No 3. Other Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: m Yes ❑ No ("Yes" is the defauh provision under the Plan if u , selection is made.) 2. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 l h PI d I d U ng chem available If the Plan delayed making such rollovers available, check the hox below and indicate the later effective d,aeindhe.Ineeprovidd. ❑ Effective Date is (Note.. Plans must offer diou t rollovers by non -spouse benefwiaries no later than plan years beginning after Deeember 31, 2009.) IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a Participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: 3. Unless the Employer elects a delayed effective date below, Article 5 of rhe Plan will apply to limitations years beginning on or after July 1, 2007. (7he effective date listed cannot be later than 90 days after the close of nbefirst regular legislative session of the legislative body with autbority to amend the plan that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent— from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Completed Pescettt ".—A Zero 100 010 One 100 % T. 100 % Th. 100 % Four 100 % Five 100 % Six 100 -/- seven Seven 100 % Eight 100 % Nine 100 Ten 100 % XI. WITHDRAWALS AND LOANS 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): ❑ Normal Retirement Age 0 Age 70'/z ("7o55"is the default provision under the Plan if uo selection is made.) ❑ Alternate age (after Normal Retirement Age): ❑ Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. ❑ Yes ❑ No ("Yes" is the defanitprovision under the plan ifno selection is made.) 3. Tax-free distributions of up to $3.000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers we available under the Plan. 0 Yes ❑ No ("No" is the defauh provision under the Plan if no selection is mado.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. 0 Yes ❑ No (No" is the defauGprovision under the Plan if na selection it made.) 5. Loans we permitted under the Plan, as provided in Article XIII of the Plan: ❑ Yes 0 No (We" is the de/aultprovition under the Plan ifno selection is made.) Money Purchase Plan Adoption Agreement XII. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) u the Beneficiary of the Plan, with no spousal consent requited. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ('Beuefmiary Spousal CmuentElection" is the defaullprovision under the Plan if no selection is mrtde.) 03, QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or fife annuity, if single). In the event of the Participants death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. 'Ihe following group of Employees shall be eligible for Final Pay Contributions: 0 All Eligible Employees ❑ Other. Final Pay shall be defined as (select one): © A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (invert definition of Final Pay— most be leave that Employee would have been able to erre if employment had continued and murt be bona file vacation and/or rick leave): 0 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant 3 75 % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 0 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute 3.75 % (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreement XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: Acaned Leave shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Acctued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Yea, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Yea, the Employer shall contribute on behalf of each Eligible Participant No of mused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued LmContribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute_NO (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer mderstands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of , 20 EMPLOYER ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-3267272 By: Print Name: Print Name: Tide: Money Purchase Plan Adoption Agreement Title: Attest ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST ADOPTION AGREEMENT ,�4 / -,\ ICMARC Budding R,,i,en,ene 5een.,ry ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT-SHARING PLAN & TRUST ADOPTION AGREEMENT Plan Number 108031 The Employer hereby establishes a Profit Sharing Plan and Trust to be known as CITY OF MILTON 6/12 PLAN (the "Plan') in the form of the ICMA Retirement Corporation Govemmenml Profit Sharing Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution profit sharing plan. m Yes ❑ No If yes, please specify the name of the defined contribution profit sharing plan which this Plan hereby amends and restates: CITY OF MILTON 6/12 PLAN I Employe,,. CITY OF MILTON 11. Effective Daces 01, Effective Date of Restatement If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: duly 1 2014 (Note: An alternate effective date can be no earlier than January 1, 2007.) ❑ 2. Effective Daze of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. (Note provision and effective date.) 111. Plan Year will mean: ❑ The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.05(h) of the Plan.) m The twelve (12) consecutive month period commencing on January 1 and each anniversary thereof. N Normal Retirement Age shalt be age 65_0 (not to exceed age 65). Profit Sharing Plan Adoption Agreement V EIIGIBUMREQUHWVIMM 1. The following group or groups of Employees are eligible in participate in the Plan: All Employees All Full Time Employees Salaried Employees Non union Employees Management Employees Public Safety Employees General Employees ✓ Other Employees (Specify the gump(s) of eligible employes below. Do not specify employees by carne. Specific positions are acceptable.) Emplo ees scheduled to work 40 hours or more week, hired or rehired on or a er my 1, 2014 The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.08 and 4.09, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the tequirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment) N/A If this waiver or induction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 16 (not to exceed age 21. Write NIA if no minimum age is declared.) VL CONTRIBUTION PROVISIONS L The Employer shall contribute as follows (Choose all that apply): Fixed Employer Contributions With or Without Mandatory Paiticipant Contributions. (If Option B is chosen, please complete section Q ❑ A. Fixed Employer Contributions. The Employer shall contribute on behalf of each Participant 9b of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions: ❑ are required ❑ are not required to be eligible for this Employer Contribution. Profit Sharing Plan Adoption Agreement ❑ B. Mandatory Par'p t C ntribucions for Plan Participation. Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in imms (i) through (iii) of the Contribution Schedule below: ❑ Yes ❑ No Employ" Opt -In Mandatory Contributions. To the eztem that mandatory Participant contributions are not required by the Plan, each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): ❑ Yes ❑ No Contribution Schedule. (i) %of Earnings, (n) $ , or (th) a whole percentage of Earnings between the range of (insert range ofpercentages between I % and 20% inclusive (e.g., 3%, 6%, or 20%, 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in rhe Plan. A Participant most pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Estrolover "Pick 142". The Employer hereby elects to "pick up" rhe Mandatory Participant Contributions.' ❑ Yes © No ("Yes"is the default p mnision under the Plan if. selection it made. ❑ C. Election Window. (Complete if Option B is selected.) Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the dare of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in forte until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. ❑ Marred ..ry Employer Contributions The Employer will determine the amount of Employer contributions to be made to the Plan for each Plan Year. The amount of Employer contributions to be allocated to the Account of each Participant will be based on the ratio for the Plan Year that such Participant's Earnings bears to the Earnings of all Participants eligible for such contributions. 'Neither an IRS advisory letter not a determination Letter issued to an adopting Employer is a ru&ng by the Internal Ramer Service that Participant contributions that are picked up"by the Employerare not includable in the Participant's gross ineomeforfedemlinrome re purposes. Pick-up contributions are not mandated to receive private kttn rungs, bouseer, ifan adopting employer weber to receive a ruling on pick-up contributions they may request one in accordance udtb Revenue Procedure 20124 (or subsequent guidance). 3 Profit Sharing Plan Adoption Agreement ❑ lifted Employer Match of Voluntary After -Tax Participant Contributions. The Employer shall contribute on behalf of each Participant _Yo of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed % of Earnings or $ Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make rhe required Participant contributions in any Plan Year, in which we no Employer contribution will be made on the Participant's behalf in that Plan Year. m variable Employer Match ofvoluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): 200% of the Voluntary Participant Contributions made by the Participant for the Plan Year (nor Voluntary Panicipant Contributions are before tax including Participant contributions exceeding 6 90 of Earnings or $ )' de@nals under any 457ib) plan maintained by the Employer PLUS _ % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate _°/ of Earnings or $ 1. Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or % of Earnings, whichever is _ more or _ less. 2. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.06 and Article V of die Plan: ❑ Yes m No ("lyra" is the default provision ander the Plan if" sekction is made.) 1 Employer conuibutions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of die tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limintion year ends, or in accordance with applicable law): 61 -WEEKLY 4. Participant contributions for a Pian Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which die Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): 5. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: m Yes ❑ No (`Yes" is the default provision under the Plau if no selection is made.) If yes is selected, this is effective beginning January 1, 2009 unless another later effective date is filled in here Profit Sharing Plan Adoption Agreement B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes m No ("No" is the default provision under the Plan if no selection it made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007 unless another later effective date is filled in here VII. CASH OR DEFERRED ARRANGEMENT UNDER SECTION 401(k) I. This Plan will include a cash or deferred arrangement allowing for Elective Deferrals under section 401(k) of the Code:' ❑ Yes © No ("No" is the default provision render the Plan if no selection is made.) ([f "uo "is selected, skip to section Vl/I.) Each Participant may elect to make Elective Deferrals, not to exceed _ % of Earnings for the Plan Year, subject to the limitations of Article V of the Plan. The provisions of the cash or deferred arrangement (the "401(k) feature") may be made effective as of the first day of the Plan Year in which the 401(k) feature is adopted. However, under no circumstances may a salary reduction agreement or other deferral mechanism be adopted retroactively. 2. The Employer will match Elective Deferrals: ❑ Yes ® No (No" is the defndr provision under the Plan icon selection is made.) The Employer will contribute as follows (choose one, if applicable): ❑ Employee Percentage Match of Elective Deferrals. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): _% of the Elective Deferrals made on behalf of the Participant for the Plan Year (not including Elective Deferrals exceeding _% of Earnings or $ PLUS _ % of the Elective Deferrals made on behalf of the Participant for the Plan Year in excess of those included in the above paragraph (but not including Elective Deferrals exceeding in the aggregate _% of Earnings or $ �. Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ or _% of Earnings, whichever is _ more or _ less. Under current law, the cath or deferred arrangement option under section 401(k) of the Code is not available won employer that is a State or local government or political subdivision thereof or any agency or instrumentality thereof, unless that employer establicbed a cash or deferred arrangement on or before May 6, 1986. 5 Profit Sharing Plan Adoption Agreement ❑ Employer Dollar Match of Elective Deferrals. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Armde V of the Plan): $ _ for each _ % of Earnings or $ _ that the Employer contributes on behalf of the Participant as Elective Deferrals for the Plan Year (not including Elective Deferrals exceeding _% of Earnings or $ _)s PLUS $ _ for each _1. of Earnings or $ _ that the Employer contributes on behalf of the Participant as Elective Deferrals for the Plan Year in excess of those included in the above paragraph (but not including Elective Deferrals exceeding in the aggregate _ % of Earnings or $ _ ). Employer Contributions on behalf of a Participant for a Plan Year, shall not exceed $ _ or of Earnings, whichever is _ more or _ less. 3. The Employer will permit Elective Deferrals and Catch-up Contributions elections to be made during the annual election window of days (at least 30 calendar days). The election window will run from To _ (insert annual time frame for the election window or multiple time periods) and will not apply retroactively. 4. Roth Provisions. As provided in Section 20.03, Participants are permitted to make Roth Elective Deferrals from Compensation in the amount or percentage specified in a salary reduction agreement: ❑ Yes © No ("No" is the default provision render the Phan if no selection is made.) VIII. EARNINGS Earnings, as defined under Section 2.10 of the Plan, shall include: 1. Overtime mYes ❑ No 2. Bonuses M Yes ❑ No 3. Other Pay (specifically describe any other types of pay to be included below) All earnings including short-term disability IX. ROLLOVER PROVISIONS I. The Employer will permit rollover contributions in accordance with Section 4.13 of the Plan: © Yes ❑ No ("Yes" is the default provision under the Plan ifno selection 4 made.) 2. The Plan will accept a direct rollover contribution to a Designated Roth Account as permitted in Section 20.05(b) (401(k) plans with Roth feature only): ❑ Yes © No (`Yes" is the default provision under the Plan ifno selection is made.) 3. The Plan will allow In -Plan Roth Conversions as provided in Section 20.06 (401(k) plans with Roth feansre i,4): ❑ Yes © No (`Yes" it the default provision ander the Plan ifno selection is made.) Profit Sharing Plan Adoption Agreement 4. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available, If the Plan d l d making such rollovers available,check the box below d indicate the later effective date in the space provided ❑ Effective Date is (Nota. Plans must offer direct rollovers by non -spouse beneficiaries no later than plan years beginning after December31, 2009.) X. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.04 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.04(a) through (e) of the Plan will apply, unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Ye. is the following 12 consecutive month period: 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. (77se effective date listed cannot be later than 90 days after the close of the first regular kgitlative session of the Legislative body with authority to amend the plan that begins on or after July 1, 2007.) XI. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (I) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicablepercent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Semice Completed P t Vested Zero 0 % One 20 % Two 40 ryo Three 60 NO Four 60 % Five 100 % Six 100 % Seven 100 % Eight 100 % Nine 100 ryo Ten 101% Profit Sharing Plan Adoption Agreement XII. WITHDRAWALS AND LOANS 1. Qualified reservist distributions are available under the plan (401(k) plant only): ❑ Yes © No (`Yes" is the default provision under the Plan if nv selection it made.) 2. In-service distributions are permitted under the Plan, as provided in Section 9.08, after a participant attains age (select one of the below options): ❑ 59 S4 070V2 ("70th"is the default provision under the Plan if na selection is made.) ❑ Not permitted at any age 3. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days: m Yes ❑ No ("Yes" is the default provision under the Plan if no selection is made.) 4. Tax -flee distributions of up to $3.000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. m Yes ❑ No (No" is the defaultprovisinn ander the Plan ifno selection it made.) 5. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.09 ® Yes ❑ No (No" is the default provision under the Plan if no selection is made.) G. The Plan will provide the following with respect to loans: a. Loans are permitted under the Plan, at provided in Article XIII of the Plan: ❑ Yes m No (No" is the defaule provision under the Plan ifno selection is made.) b. Designated Roth Accounts will be available as a source for loans under the Plan (401(k) plans with Rath feature only): ❑ Yes m No (No" is the de/ondtjorovision under the Plan if no selection is made.) 7. (401(k) plant only) Hardship withdrawals are permitted under the Plan as provided in Section 9.07 but only if specifically elected by the Employer. ❑ Yes 0 No (No" is the defauk provision under the Plan ifno selection is made.) If selected, hardship distributions will be available for the following accounts: a. Employer Contribution Acwunt (Nonforfeitable Interest): ❑ Yes ❑ No ("No" is the default provision under the Plan if no selection is made.) It Participant Elective Deferral Account (not including earnings thereon accrued after December 31, 1988): ❑ Yes ❑ No (`Yes" is the default provision under the Plan ifno selection is made.) Profit Sharing Plan Adoption Agreement 8 c. The determination of any deemed immediate and heavy financial need will be expanded to include any immediate and heavy financial need of the Participan[s Primary Beneficiary, as provided in Section 9.07(6)(3): ❑ Yes ❑ No ("Yes' is the default provision under the Plan ifno selection is made.) XIII. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. rilenefciary Spousal Consent Election" is the defaultprovition under the Plan if no selection is made.) ❑ 3. OJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) W. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: ❑ All Eligible Employees ❑ Other: Final Pay shall be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of Final Pay — must be leave that Employee would have been able to use if employment had continued and mart be bona fide vacation and/or sick leave): ❑ 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant of Final Pay to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute _ % (insert fixed percentage of final pay to be contributed) or up to _ % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Profit Sharing Plan Adoption Agreement XV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: ❑ All Eligible Employees ❑ Other: A,.ed Leave shall be defined m (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (insert definition of accrued leave that is bona fide vacation and/or rick leave): ❑ 1. Employer Accrued Leave Contribution. The Employee shall contribute as follows (choose one of the following options): ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accreted Leave in excess of _ (insect number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Yeag the Employer shall contribute on behalf of each Eligible Participant No of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute (insert fixed percentage of accrued unpaid leave to be contributed) or up to No (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XVI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIL The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Profit Sharing Plan and Trust. This ICMA Retirement Corporation Governmental Profit Sharing Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on Much 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, rhe Plan Administrator will be under no obligation to act as Administrator under the Plan. Profit Sharing Plan Adoption Agreement to XVIII. The Employer hereby appoints the ICMA Retirement Corporation m the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL PROFIT SHARING PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XIX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day 20 EMPLOYER By: Print Name: Title: Attest. ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-3267272 Print Name: Title: Attest: 11 Profit Sharing Plan Adoption Agreement ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT lCMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PIAN & TRUST ADOPTION AGREEMENT Plan Number 108068 The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF MILTON 62% PLAN (the "Plan') in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. m Yes ❑ No If yes, please specify the name of die defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF MILTON 6.2% PLAN I. Employer. CITY OF MILTON 11. Effective Dates m 1. Effective Daze of Restatement If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: July 1, 2014 (Note: An alternate effective dare can be no earlier than January 1, 2007.) ❑ 2. Effective Date of New Plan. If this is anew Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. Item XI. 5 (loans) is effective as of January 1, 2016. Item XI. 4 (in service distribution of rollovers) is effective as of January 1, 2016 (Note provision and effective date.) III. Plan Year will mean: ❑ The twelve (12) consecutive mouth period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) © The twelve (12) consecutive month period commencing on 01/01 and each anniversary thereof. IV. Normal Retirement Age shall be age 65.0 (not to exceed age 65). Important Nate to Employers. Normal Retirement Age is significant for determining the earliest date ar which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employers good Faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan am qualified public safety employees within the meaning of section 72(t)(10)(B) of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees General Employees ✓ Other Employees (Specify the group(s) of e6gi61e employees blow Do not specify employees b name. Specific All em Y positions are acceptable.) employees scheduled to work ao hours or more per week hired or rehired p on or after July 1 2014. The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Now As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) 0 months If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 16 (not to exceed age 21. Write N/A if no minimum age is declared) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as knows: (Choose all that apply, but at least one of Options A or B. If Option A is not selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) A. EmployerContr . The Employer shall contribute on behalf of each Participant 6.2 % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions ❑ are required ❑ are not required to be eligible for this Employer Contribution. m B. M--dacory Prddp..t Ccmtrib' f PI � ENtured M-daurry Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: 0Y. C3 No Money Purchase Plan Adoption Agreement Employee Opt -In Mandatorst Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of rhe Plan): ❑ Yes ❑ No Contribution Schedule (i) 62%of Earnings, 60 $ , or (iii) a whole percentage of Earnings between the range of (insert range of percentages between I % and 2095 inclusive (e.g., 3%, 6%, or 20%, S% to 7%)), m designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employer "Pick ul�'. The Employer hereby elects to "pick up" the Mandatory Participant Contributions' (pick up is required if Option A is not selected). m Yes ❑ No ("Yes" is the defoultprovision unekr the Plan ifno selection is ,nada.) ❑ C. Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of _days (no more than 60 calendar days) from the dare of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: ❑ A. Fixed E I Match V I t y Afre -Tax PartICIR2M Contributions. 'the Employer shall contribute on behalf of each Participant _0/o of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed—Ya of Earnings or $ . Under this option, there is a single, fixed race of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year ❑ B. Variable Employer Match of VohmtarvAfj;cr-Taa Participant Contributi'the Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): _ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding _0/o of Earnings or $ I; 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are "),irked up" by the Employer are not includable in the Participant's gross raceme for federal income tax purpose. Pick-up contributions are not mandated to receive private letter rulings; however, ifan adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement PLUS _Mo of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate _% of Earnings or $ _ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or _% of Earnings, whichever is _ more or _ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ❑ Yes 0 No ("No" is the defaultprovirion under the Plan if no selection is made.) 4. Employer contributions fora Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): S. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): G. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employ": A. Plan contributions will be made based on differential wage payments: ❑ Yes ❑ No ("Y-" is the defouitprovision under the Plan ifno xlectio. it made.) If yes is selected, this is effective beginning January 1, 2009 unless another later effectivc date is filled' h ere B. Participants who die or become disabled will receive Plan contributions with respect to such service: ❑ Yes ❑ No ("No"is the defaultprovision under the Plan ifno selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007, unless h later riffiectivedate is filled ih Money Purchase Plan Adoption Agreement VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime 0Yes No 2. Bonuses 0 Yes ❑ No 3. Other Pay (specifically describe any other types of pay to be included below) all earnings including short-term disability VIII. ROLLOVER PROVISIONS 1. 'the Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: 0 Yes ❑ No ("Yes" is the defaaltprovision under the Plan if oo selection is made.) 2. Direct rollovers by non -spouse beneficiaries are effective for distributions after 2006 molest the Plan delayed making then available Ifthe Plan delayed k' g�"h rollovers awilab1c,h k the box below d di'ase the later effecu� date m the space rovided. ❑ Effective Date is (Note: Plans mart offer dim", rollover, by non -spouse beneficiaries no later than plan years beginning after December 31, 2009.) IR LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the Provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. 'the limitation Year is the following 12 consecutive month period: Unless the Employer elects a delayed effective dare below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. (7he eff"'ive date listed cannot be later'ban 90 dugs after the close ofthefirst regular legislative session ofthe legislative body roitb authority to amend the plan the begins ort or afterJuly 1, 2007.) Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (I) the minimum vesting requirements and (2) the concurrence of the Plan Administrant. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Completed Percent V trial Zero 100 % One 100 % Two 100 % Three 100 % Four 100 % Five 100 % Si. 100 % Seven 100 % Eight 100 % Nine 100 % TeR 100 % XI. WITHDRAWALS AND LOANS 1. In-smice distributions are permitted under the Plan after a participant attains (select one of the below options): ❑ Normal Retirement Age © Age 701/1 ("7Mi"is the defaultprovision under the Plan ifno selection is made,) ❑ Alternate age (after Normal Retirement Age): ❑ Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. ❑ Yes ❑ No ("Yes" is the defaulrprovision under the plan ifno selection is made.) 3. Tax-free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. 0 Yes ❑ No ("No' is the defaultprovision under the Plan ifno selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. 0 Yes ❑ No (No"is the defaultprm inion under the Plan ifno selection is made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: 0 Yes ❑ No (214e" is the defaultprovision under the Plan ifno selection is made.) Money Purchase Plan Adoption Agreement XII. SPOUSAL PROTECnON The Plan will provide the following level of spousal protection (select one): ❑ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. ❑ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Bexeficiary Spomal ConrentElection" it the default provision under the Plan if no selection is made.) 03. OJ SA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participants death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 of 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: 0 All Eligible Employees ❑ Other: Final Pay shall be defined as (select one): 0 A. Accmed unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (imert definition of Final Pay — more be leave that Employee would have been able to we if employment bad continued and must be bona fide vacation and/or sick leave): 01 Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant X62 % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 02. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocablyelect to contribute 6.2 na (insert fixed contributed) of final pay to be contributed) or up to _% (invert maximum percentage of final pay m be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employees election shall remain in force and may not be revised or revoked. Money Purchase Plan Adoption Agreemenr XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Connibutions: ❑ All Eligible Employees ❑ Other: Accrued Leave chaff be defined as (select one): ❑ A. Accrued unpaid vacation ❑ B. Accrued unpaid sick leave ❑ C. Accrued unpaid vacation and sick leave ❑ D. Other (rose¢ definition of seemed leave that is bona fide vacation and/or sick leave): ❑ 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). ❑ For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant _% of unused Accrued Leave to the Platt (subject to the limitations of Article V of the Plan). ❑ 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment co irrevocably elect to contribute _ryo (insert fixed percentage of accrued unpaid leave m be contributed) or up to _ "/o (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. 'Ihe Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Govemmenml Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amenchumt(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amenderent(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation m the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement XVIII. The Employer hereby acknowledges it understands that failure to properly 611 out this Adoption Agreement may result in disqualification of the Plan. XIX. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this day of 20_ EMPLOYER Print Name: Tide: Money Purchase Plan Adaption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: Prior Name: Tide: Attest: Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO APPROVE RESTATED ADOPTION AGREEMENTS BETWEEN THE CITY OF MILTON AND ICMA-RC AS REQUIRED BY THE IRS FOR THE CITY’S 401(A) DEFINED CONTRIBUTION PLANS, TO ALLOW FOR PARTICIPANT LOANS AND IN-SERVICE DISTRIBUTIONS OF ROLLOVER ACCOUNTS IN `CERTAIN PLANS WHEREAS, the City of Milton wishes to provide competitive benefits to all employees; and WHEREAS, the City of Milton currently provides employees with defined contribution plans under volume submitter plan documents sponsored by ICMA-RC; and WHEREAS, ICMA-RC has restated its volume submitter documents as required by the IRS for the Pension Protection Act amendments, and the IRS requires each employer u sing the volume submitter documents sponsored by ICMA to restate their defined contribution plans (401(a) plans) by April 30, 2016; and WHEREAS, the City of Milton wishes to amend two of the 401(a) plans to permit loans to participants, effective as of January 1, 2016; and WHEREAS, the City of Milton wishes to amend certain of its 401(a) plans, effective as of January 1, 2016, to permit in-service distributions of rollover contributions made by participants to those plans. NOW THEREFORE be it resolved by the Council for the City of Milton as follows: Each of the attached adoption agreements for the City of Milton 401(a) Plan (consisting of Documents Nos. 106635,106470 and 106328), the City of Milton PT 3.75% Plan (Document No. 108025), the City of Milton 6.2% Plan (Document No. 108068), and the City of Milton 6/12 Plan (Document No. 108031), be approved in order to restate the plans, effective as of the retroactive effective dates specified therein; and The attached adoption agreements for the City of Milton 401(a) Plan (Document No. 106328 only) and the City of Milton 6.2% Plan (Document No. 108068) be amended, effective as of January 1, 2016, to allow for participant loans; and The attached adoption agreements for each of the plans (except for that portion of the City of Milton 401(a) Plan contained in Document No. 106635) be amended, effective as of January 1, 2016, to permit in-service distributions of rollover contributions which participants have contributed to the plans; and That the Mayor shall be authorized to execute the attached adoption agreements on behalf of the City. Page 2 of 2 BE IT SO RESOLVED AND ORDAINED, this 25th day of April, 2016, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk