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HomeMy WebLinkAboutAgenda Packet CC - 06/20/2016 - Agenda Packet - 6-20-2016 Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, June 20, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 16-137) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 20, 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 Financial Statements for the Period Ending May, 2016. (Agenda Item No. 16-138) (Bernadette Harvill, Finance Manager) 2. Approval of a Professional Services Agreement for Fire-Rescue Structural Personal Protective Equipment between the City of Milton and Municipal Equipment Company. (Agenda Item No. 16-139) (Robert Edgar, Fire Chief) 3. Approval of a Change Order #1 between the City of Milton and Baldwin Paving Company, Inc. for the Relocation of a Water Main at the Birmingham Road and Hopewell Road Intersection. (Agenda Item No. 16-140) (Carter Lucas, Assistant City Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Dynatest North America, Inc. for PCI Evaluation of the City’s Streets. (Agenda Item No. 16-141) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for Sod Installation of Fire Stations 41 & 43. (Agenda Item No. 16-142) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc., dba TSW, for Master Plan Downtown Milton/Crabapple. (Agenda Item No. 16-143) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS 1. MDA City of Milton Firefighter Appreciation Proclamation. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (none) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 20, 2016 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING 1. Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. (Agenda Item No. 16-115) (Discussed at May 9, 2016 City Council Work Session) (First Presentation at May 16, 2016 City Council Regular Meeting) (First Public Hearing at June 6, 2016 City Council Regular Meeting) (Ken Jarrard, City Attorney) 9) ZONING AGENDA 1. Consideration of V16-003 – The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes, LLC to Reduce the Front Setback from 60 feet to 50 feet, Lot 21; 60 Feet to 45 Feet, Lot 3; 60 Feet to 40 Feet, Lots 4, 22, 23, 30; 60 Feet to 20 Feet, Lots 5, 6, 7, 8, 9, 19, 20 (Section 64-416.b) and to Allow A Height Increase from: 28 Feet to 33 Feet, Lots 5, 6, 7, 8, 9, 19 and 20. (Section 64.114.c.1). (Agenda Item No. 16-131) (First Presentation at June 6, 2016 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ16-02/VC16-01 – To Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 48 Single Family Homes on 63.57 Acres at an Overall Density of 0.755 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 June 6, 2016 Regular City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 20, 2016 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. (Agenda Item No. 16-115) (Discussed at May 9, 2016 City Council Work Session) (First Presentation at May 16, 2016 City Council Regular Meeting) (First Public Hearing at June 6, 2016 City Council Regular Meeting) (Second Public Hearing at June 20, 2016 City Council Regular Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution to Regulate and Provide for the Calling of an Election to Determine the Issuance or Non-Issuance of City of Milton General Obligation Bonds; To Provide for the Date, Maximum Rate of Interest and Schedule of Maturities that Said Bonds Shall Bear; To Provide for the Levy and Collection of Taxes to Service Said Bonded Indebtedness, if So Authorized; and for Other Purposes. (Agenda Item No. 16-144) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-145) HOME 01"THE BEST QUALITY OF UFE IN GEORGIA' MI LTONV ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 14x2016 ager FROM: Steven Krokoff, Interim City Man AGENDA ITEM: Approval of the Financial Statements for the Period Ending May, 2016. MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: NVAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES NINO CfTY ATTORNEY REVIEW REQUIRED: (/ YES Q-40 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: o0l./telt, REMARKS: ©� Yeuo PHONE: 678.242.25001 FAX: 678.242.2499G'r""een ®*�„�,•o� Info@eityofmigcnga.uslw .eByefmilbnga.us wnn Communi \ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Manager Date: Submitted on June 13, 2016 for the June 20, 2016 Regular Council Meeting Agenda Item: Financial Statements for Period 8 – May 2016 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 0.71% over what is anticipated for the eighth period of the fiscal year. Total expenditures to-date are $23,260,742 and are 2.15% 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 $3,712,879. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2016 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 9,902,000 18,132 17,500 632 350,041 324,500 25,541 Motor Vehicle Tax 975,000 44,136 81,250 (37,114) 444,661 568,750 (124,089) Intangible Tax 200,000 19,896 16,667 3,229 113,100 116,667 (3,567) Real Estate Transfer Tax 85,000 6,260 7,083 (824) 47,027 49,583 (2,556) Franchise Fees 1,900,000 42,624 161,500 (118,876) 1,113,625 1,078,343 35,283 Local Option Sales Tax 8,300,000 702,459 691,667 10,792 4,967,207 4,841,667 125,540 Alcohol Beverage Excise Tax 295,000 25,769 24,583 1,186 167,406 172,083 (4,677) Business & Occupation Tax 650,000 27,337 26,000 1,337 636,588 617,500 19,088 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 39,000 7,410 - 7,410 46,001 39,000 7,001 Penalties & Interest 32,300 5,837 2,692 3,145 28,844 21,533 7,311 Alcohol Beverage Licenses 145,000 - - - 140,450 137,750 2,700 Other Non-Business Permits/Licenses 16,800 4,467 1,400 3,067 16,659 11,200 5,459 Zoning & Land Disturbance Permits 217,100 26,260 18,092 8,168 129,647 144,733 (15,086) Building Permits 480,000 30,381 40,000 (9,619) 306,772 320,000 (13,228) Intergovernmental Revenue - - - - - - - Other Charges for Service 600,000 36,449 40,321 (3,872) 392,525 386,930 5,595 Municipal Court Fines 550,000 49,942 45,833 4,108 363,868 366,667 (2,798) Interest Earnings 20,450 3,857 1,704 2,153 29,162 13,633 15,528 Contributions & Donations - - - - 10,464 - 10,464 Other Revenue 47,628 2,704 3,969 (1,265) 74,110 31,752 42,358 Other Financing Sources 9,973,171 - - - 9,936,385 9,936,385 - Total Revenues 36,228,449 1,053,920 1,180,261 (126,341)19,314,542 19,178,676 135,867 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 171,375 8,399 9,656 (1,258) 101,476 109,644 (8,168) City Clerk 193,574 10,804 12,517 (1,713) 110,198 123,166 (12,968) City Manager 705,273 35,089 47,989 (12,901) 478,109 481,273 (3,164) General Administration 43,557 3,290 3,388 (98) 27,911 29,880 (1,968) Finance 427,877 20,584 30,245 (9,662) 286,729 291,759 (5,030) Legal 230,000 7 - 7 168,689 134,167 34,523 Information Technology 837,203 46,672 53,755 (7,083) 544,174 604,807 (60,633) Human Resources 341,602 16,527 19,859 (3,332) 172,386 181,370 (8,984) Risk Management 216,328 - - - 133,294 133,294 - General Government Buildings 396,421 32,202 33,035 (833) 257,613 264,281 (6,667) Public Information & Marketing 309,345 16,877 24,317 (7,440) 173,874 209,091 (35,217) Municipal Court 323,708 21,221 23,770 (2,548) 185,851 217,808 (31,958) Police 4,202,095 270,939 306,619 (35,680) 2,713,753 2,805,224 (91,471) Fire 5,997,260 357,694 437,155 (79,461) 3,820,279 4,004,094 (183,815) Public Works 2,086,601 112,466 157,389 (44,923) 1,177,314 1,223,130 (45,816) Parks & Recreation 1,509,405 26,876 33,130 (6,254) 748,424 783,901 (35,477) Community Development 688,885 45,454 52,769 (7,314) 420,218 430,744 (10,525) Economic Development 78,588 2,963 3,634 (671) 52,169 55,994 (3,825) Debt Service - Capital Lease Payment - - - - - - - Operating Transfers to Other Funds 22,500,005 2,702,931 2,702,931 - 11,688,280 11,688,280 - Operating Reserve 187,401 - - - - - - Total expenditures 41,446,503 3,730,994 3,952,159 (221,165)23,260,742 23,771,906 (511,164) Net Income/(Loss)(5,218,054)(2,677,074)(3,946,199) Fund Balance - Beginning 10,081,237 10,081,237 Fund Balance - Ending 4,863,183 6,135,038 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Page 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$ -$ 100$ (1,900)$ Hometown Jubilee Vendor Fee 1,000 - - (1,000) Interest Revenues - 1 6 6 Crabapple Fest Sponsor 15,000 - 1,000 (14,000) Earth Day Sponsor 4,500 - 2,250 (2,250) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - 2,000 1,000 Donations/MGG - - 310 310 T-shirt Sales - - - - Mayor's Run Reg. Fees - - 375 375 Roundup Food Sales - - - - Total revenues 23,500$ 1$ 6,041$ (17,459)$ EXPENDITURES Current: Special Events 79,140$ 2,855$ 48,357$ 30,783$ Total Expenditures 79,140$ 2,855$ 48,357$ 30,783$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 47,000$ 11,835$ 33,079$ (13,921)$ Total other financing sources and uses 47,000$ 11,835$ 33,079$ (13,921)$ Net change in fund balances (8,640)$ (9,237)$ Fund balances - beginning 30,712 30,712 Fund balances - ending 22,072$ 21,474$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 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 - 6,942 47,529 47,529 Interest Revenues/State Funds - 2 15 15 Interest Revenues/Federal Funds - 5 45 45 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 6,949$ 47,589$ 47,589$ EXPENDITURES Current: Police -$ 19,854$ 78,826$ (78,826)$ Total Expenditures -$ 19,854$ 78,826$ (78,826)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (31,237)$ Fund balances - beginning 202,497 202,497 Fund balances - ending 202,497$ 171,261$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 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$ 46,424$ 466,966$ (423,034)$ Interest Revenue - - 8 66 66 Total revenues 890,000$ 890,000$ 46,433$ 467,032$ (422,968)$ EXPENDITURES Current: Public Safety 909,080$ 909,080$ 1,604$ 300,061$ 609,019$ Total Expenditures 909,080$ 909,080$ 1,604$ 300,061$ 609,019$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ -$ Operating Transfer Out to Capital Projects 300,000$ 43,626$ 7,271$ 14,542$ (29,084)$ Net change in fund balances (319,080)$ (62,706)$ 181,513$ Fund balances - beginning 62,719 768,794 62,719 Fund balances - ending (256,361)$ 706,088$ 244,232$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 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$ 11,835$ 33,079$ (33,921)$ Total revenues 67,000$ 11,835$ 33,079$ (33,921)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 11,835 33,079 (13,921) Total other financing sources and uses 67,000$ 11,835$ 33,079$ (33,921)$ 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 May 31, 2016 Page 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$ 24,277$ 56,675$ (33,325)$ Infrastructure Maint Penalty & Interest -$ -$ -$ 1,397$ 1,397$ Sidewalk Replacement Account - - - - - Crabapple Paving Fee - - - - - Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 120,000 120,000 - 70,291 (49,709) HYA Fees - - - - Interest Revenue 500 500 107 600 100 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 24,384$ 143,361$ (67,139)$ EXPENDITURES Capital Outlay City Council 710,069$ 710,069$ -$ 2,301$ 707,768$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg - 9,935,171 1,469,639 1,838,043 8,097,128 Finance - - - - - IT - - - - - Court 100,000 55,000 - - 55,000 Police 1,079,618 1,079,618 20,000 163,707 915,911 Fire 2,541,748 2,541,748 31,041 169,659 2,372,089 Public Works 8,614,121 8,678,121 1,828 1,463,381 7,214,740 Parks & Recreation 2,318,210 2,318,210 - 71,249 2,246,961 Community Development 247,207 327,207 495 4,539 322,668 Total Capital Outlay 15,624,735$ 25,658,906$ 1,523,004$ 3,712,879$ 21,946,027$ Excess of revenues over expenditures (15,414,235) (25,448,406) (1,498,620) (3,569,517) (22,013,166) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 8,327,979$ 18,763,150$ 2,433,193$ 9,030,376$ (9,732,774)$ Transfers in from E-911 Fund 300,000$ 43,626$ 7,271$ 14,542$ (29,084)$ Unallocated - - - - -$ Lease Proceeds - - - - -$ Proceeds of Sale of Assets - - - -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 8,627,979 18,806,776 2,440,464 9,044,918 (9,761,858) Net change in fund balances (6,786,256) (6,641,630) 5,475,401 Fund balances - beginning 7,224,493 7,224,493 7,224,493 Fund balances - ending 438,237$ 582,863$ 12,699,894$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 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 (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 - - 28 123 123 Total revenues 6,889,424$ 6,889,424$ 28$ 413,804$ (6,475,620)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 6,212,525$ 5,712,525$ -$ 499,348$ 5,213,177$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 6,217,425$ 5,717,425$ -$ 499,348$ 5,218,077$ Excess of revenues over expenditures 671,999 1,171,999 28 (85,544) (1,257,543) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,411,202$ 911,202$ 34,267$ 774,135$ (137,067)$ Transfers in to General Fund - - -$ -$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 1,411,202$ 911,202$ 34,267$ 774,135$ (137,067)$ Net change in fund balances 2,083,201 2,083,201 688,591 Fund balances - beginning (2,082,969) (2,082,969) (2,082,969) Fund balances - ending 232$ 232$ (1,394,379)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund -$ 2,231$ 14,708$ 14,708$ Law Enforcement Fund - 1,328$ 10,245$ 10,245$ Fire Fund - 7,610$ 58,706$ 58,706$ Road Fund - 9,497$ 73,263$ 73,263$ Park Fund - 55,936$ 348,046$ 348,046$ Interest Revenues - 19 64$ 64$ Total revenues -$ 76,621$ 505,031$ 505,031$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures - 76,621 505,031 505,031 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 505,031 Fund balances - beginning - - Fund balances - ending -$ 505,031$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 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 150 1,196 1,196 Contributions & Donations - - - - - Total revenues -$ -$ 150$ 1,196$ 1,196$ EXPENDITURES Capital Outlay General Government Buildings 9,935,171$ -$ -$ -$ -$ Parks & Recreation 822,974 822,974 4,430 704,371 118,603 Bond Principal 589,878 589,878 - - 589,878 Bond Interest 276,256 276,256 - 153,529 122,727 Total Capital Outlay 11,624,279$ 1,689,108$ 4,430$ 857,901$ 831,207$ Excess of revenues over expenditures (11,624,279) (1,689,108) (4,280) (856,705) 832,403 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 2,825,653$ 2,825,653$ 235,471$ 1,883,769$ (941,884)$ Transfers out to General Fund -$ (9,935,171)$ (9,935,171)$ (9,935,171)$ -$ Revenue Bond Proceeds 689,868 689,868 - 689,868 (0)$ Total other financing sources and uses 3,515,521$ (6,419,650)$ (9,699,700)$ (7,361,535)$ (941,885)$ Net change in fund balances (8,108,758) (8,108,758) (8,218,240) Fund balances - beginning 8,109,005 8,109,005 8,109,005 Fund balances - ending 247$ 247$ (109,235)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2016 Page 10 of 10 HOME OF' HE BEST QUALITY OF LIEO M T I tTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of a Contract With Municipal Equipment Company to Provide Structural Firefighting Gear. MEETING DATE: Monday, June 20, 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: (,J*ES NO APPROVAL BY CITY ATTORNEY. (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0(�1ZLI201b REMARKS: PHONE: 678.242.25001 FAX: 678.242.2499Greelri 1nfo®cltyofmiltonga.us l w .clyofmllfonga.us i�r! Community #�... 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on June 1, 2016 for the June 20, 2016 Council Meeting Agenda Item: Consideration of a Contract with Municipal Equipment Company to Provide Structural Firefighting Gear _____________________________________________________________________________ Department Recommendation: Approve the contract with Municipal Equipment Company to ensure that our firefighters are outfitted with high quality structural firefighting gear. Background: Structural firefighting gear (Turnout Gear) is a critical component of the personal protective equipment worn by firefighters. Properly designed and constructed, structural turnout gear is an essential level of protection for firefighters. To ensure high safety standards, custom fit and uniformity of gear, it is advantageous to contract with one vendor who is capable of providing good customer service, competitive pricing and consistency. This will ensure that our firefighters’ turnout gear is consistent year to year while meeting all industry standards. Discussion: The Department conducted an RFP process in the first quarter of 2016 (RFP 16- FD01). Municipal Equipment Company was scored as the winning vendor of this process. This contract allows for a multi-year agreement between Municipal Equipment Company and the City of Milton. Funding and Fiscal Impact: The purchase of structural turnout gear and maintenance is currently funded in the Fire Department’s Maintenance and Operating budget. The contract would not require any additional funding, but instead guarantees pricing. Alternatives: The Department may continue to purchase personal protective gear on an ad hoc basis from various suppliers. However, this is not an optimal arrangement as it would greatly increase the time administrative staff spends in the procurement process and may hinder achieving consistency of personal protective gear within the Fire Department. Legal Review: Ken Jarrard – Jarrard & Davis (May 24, 2016) Concurrent Review: Steve Krokoff, Interim City Manager Stacey Inglis, Assistant City Manager M1 LTON, csreeusummm� PROFESSIONAL SERVICES AGREEMENT FIRE -RESCUE STRUCTURAL PERSONAL PROTECTIVE EQUIPMENT This Agreement made and entered into this 24 day of M a , in the year 2016, by and between The City of Milton, Georgia (sometimes referred to herein as the "Ci "), 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 Municipal Equipment Company, LLC ("Consultant" or "Municipal Equipment Company"), a Florida limited liability company having its principal place of business at 2049 West Central Blvd, Orlando FL 32805, with the City and Consultant together referred to herein as the "Parties." WHEREAS, the City of Milton, including but not limited to its Fire Department, requires additional and/or replacement fire -rescue personal protective equipment; and WHEREAS, the City finds that specialized knowledge, skills, and equipment are necessary to provide, in accordance with required brand specifications, such fire -rescue personal protective equipment to the City (the "Work") contemplated under this Agreement; and WHEREAS, the Consultant has represented to the City's satisfaction that it is qualified by experience and product specifications to perform the Work and that it specializes in fire -rescue personal protective equipment services and can perform the Work for the Project (defined below); and WHEREAS, the City has determined that this Agreement constitutes such professional services. NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the Parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Consultant agrees to provide all services specified in Exhibit "A", attached hereto and incorporated herein by reference (the "Work"), to the City upon request. No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Suite 107F Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. The compensation for Work performed shall be based upon the rates set forth in Exhibit "B", attached hereto and incorporated herein by reference. This shall be the sole basis for Consultant's compensation, Consultant shall not be entitled to any additional cost reimbursement, and Consultant represents that this amount is sufficient to perform all of the Work contemplated by this Agreement. Compensation for services performed shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. The total amount paid under this Agreement for the Work shall not, in any case, exceed $2,534.00 for each pair of fire -rescue personal protective equipment provided to and accepted by the City (the "Contract Price"). One pair of fire -rescue personal protective equipment shall consist of an overcoat, the maximum price of which shall be $1,296.00, and pants, the maximum price of which shall be $1,238.00. The specifications of the fire -rescue personal protective equipment are detailed in Exhibits A and B attached hereto. The Parties agree that the City may order these items separately or in pairs from the Consultant throughout the Term. 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Suchchange orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent contractor. The Consultant is not an employee, agent or representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of alleged will fid, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub - consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than (a) Commercial General Liability of $1,000,000 combined single limit per occurrence with comprehensive coverage including but not limited to coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Covemee. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall he no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. - (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Covera e. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, retum receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 3 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination 5.1 Initial Term. The initial term of this Agreement will begin on the Effective Date and shall terminate absolutely and without further obligation on the part of the City at the close of the fiscal year in which this Agreement is executed (September 30, 2016). The initial term of the Agreement and any renewal term(s) provided for herein are collectively referred to as the "Term." 5.2 Renewal Terms. This Agreement shall automatically renew on an annual basis, unless the City provides at least 30 days' notice prior to the end of the then current fiscal year that this Agreement will not renew or otherwise takes action to terminate this Agreement as provided herein. 5.3 Expiration. Notwithstanding the renewal options provided for above, this Agreement may only be renewed a maximum of four times and will expire, if not earlier terminated as provided for herein, on September 30, 2020. 5.4 Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 5.5 Time is of the essence of this Agreement, and the Consultant shall begin work promptly upon receiving a Notice to Proceed by the City. 5.6 The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to the Consultant. 6.0 Compliance with All Laws and Licenses The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessary, and comply with all applicable local, state and federal requirements, including all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. Further, the Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the Parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted itjointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to Municipal Equipment Company, LLC 2049 West Central Blvd Orlando, FL 32805 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on. City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be swom under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained. Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at anytime to determine that the verification was correct and complete. The Consultant and its subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City contractor or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and its subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a contractor or subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Consultant agrees that the employee -number category designated below is applicable to the Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91] 500 or more employees. 100 or more employees. Fewer than 100 employees Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during 9 performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 19.0 Authority to Contract The individual executing this Agreement on behalf of the Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind the Consultant to the terms of this Agreement, if applicable. 20.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Consultant ("materials") shall he the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 22.0 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 23.0 Force Majeure Neither the City nor Consultant shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, dot, 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. 10 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. Attest: A ir,/"r1. W" Signnaw. ! ,.1 I' I Ate7 W . W �- Print Name ,a rine � Attest: Print Name Ciry Clerk Title MUNICIPAL EQUIPMENT COMPANY, LLC �— Si/gynraNrc' 1/(wA&F2r%nOM&K Print Name �! "Fide (Manager or Managing Member) 5L29 i6 .--- Date [AFFIX SEAL] O/�tE W. WEST .•P p:e et NOUrY POWs-StM4 al FMII64 �•; My Comm. Eapkn Oat 24, 2017 Commission ♦ FF 42316 BardeO Ra* Nab W MMry AW. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] II 1V HOME OF'THFGEORGIA' MILE 0N'r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 16, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Change Order #I between the City of Milton and Baldwin Paving Company, Inc. for the Relocation of a Water Main at the Birmingham Road and Hopewell Road Intersection MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (yAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (VJIYES () NO CITY ATTORNEY REVIEW REQUIRED: („YES O NO APPROVAL BY CITY ATTORNEY. (XPPROVED NOT APPROVED PLACED ON AGENDA FOR: 001-I104 REMARKS: M * y0um PHONE: 678.242.25001 FAX: 678.242.2499 G`re`en . �,�,,• IM@cH oyolmllfonga.ua www.eHyo/mlHonga.ua w Community, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - °•^*^^� •^^^�• a To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on June 16th, 2016 for the June 20th, 2016 Regular Council Meeting Agenda Item: Approval of a Change Order #1 between the City of Milton and Baldwin Paving Company, Inc. for the Relocation of a Water Main at the Birmingham Road and Hopewell Road Intersection ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This change order is to accept a modified version of Bid Alternate #2 for the relocation of approximately 400 lf of 12” w ater main and associated taps and service connections. Staff is recommending approval of Change Order #1 with Baldwin Paving Company, Inc. in the amount of $114,382.00. Funding and Fiscal Impact: Funding for a portion of this work is available in the Hopewell @ Birmingham Intersection Improvement Capital account. The remaining $57,443.93 will be transferred from other Public Works Capital projects. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Sam Van Volkenburgh, 5/4/2016 Concurrent Review: Steven Krokoff – Interim City Manager Attachment(s): Construction Services Agreement Change Order #1 ::aura' Mite<j .... MS. CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT Hopewell Road/Birmingham Road Intersection Improvements WHEREAS, the City of Milton, Georgia and Baldwin Paving Company, Inc. have entered into a Construction Services Agreement (the "Agreement") dated May 4, 2015, incorporated herein by reference, for improvement to the Hopewell Road/Birmingham Road Intersection; and WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: L Section 3 (The Work) is amended to reflect that a modified version of Bid Alternate Number 2 (Additional Water Line Relocation) has been added to the Work. Specifically, Contractor shall relocate approximately 400 feet, as is necessary to accommodate the completion of the project in accordance with the approved plans, of a 12" water main and any associated components, and provide associated traffic control shift, storm water relocation, and mobilization. The relocation shall be in accordance with relevant plans and specifications for water line relocation in the Contract Documents, except as specifically modified by the proposal submitted by Contractor, attached hereto as Exhibit "A". Notwithstanding anything above, the relocation work shall be completed to the reasonable satisfaction of Fulton County. 2. Section 5 (Contractor's Compensation; Time and Method of Payment) is amended to increase the compensation by $114,382.00 Compensation is amended by replacing "...$1,396,496.78..." with "...$1,510,878.78 ... 11 ...$1,510,878.78..." 3. Contractor shall increase the amount of all bonds required under the Agreement to match the updated total compensation. 4. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] SIGNED, SEALED, AND DELIVERED in the presence of: Witness -Corporate Secretary [NOTARY SEALJ :a'�rye`n110� My Connotation Expires: O Oasoo Attest: Signature 5kdic ibrt Gjord{a,/ Print Name City Clerk Title Approved ey to form: � Cily AlMn'ney Baldwin Paving Company ne. Signature: Printed NaM: %%7i�G �cYh cJNJ Title: ge-& A-31 .wr (PresidmtNice Resident) Date: 5-11- 1 L CITY OF MILTON: Joe Lockwood, Mayor Date EXHIBIT A CHANGE ORDER Baldwin Paving Co., Inc. 0.1a: Ayd126, 2016 1014 KFNOU DR MARIETTA, OA. 10060 Ph: (/70)425-9191 Pa. (770)425-0790 T. Mal Fulham. Pt*w Name: HopmU Rd Lkvet Nihon Roundabout tnoaun: Mikan PMu LaWlt Ravrcue: Flc Fez Name: Edk van der Heliden Me: Supedntendent Baldwin Paving Co., Inc. 1014 KENMILL DR. MARIETTA, GA. 30060 ft: (770)425-9191 Fax: (770)1250790 To Matt Feuabom cilyal Ml0on Fmc CHANGE ORDER U.: June a 2010 Project Name Hopewell Rd Roundabout Lveeiien: Milton GA flans W.R J. Nam: Erik van der Heiden We: Tlua: Superintendent Approval Sfanalue: P11 HOME OF'THE BEST QUALIN OF LIFIN GEORGIA' MILTOE ESTABLISHED20D6 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Dynatest North America, Inc. for PCI Evaluation of the City's Streets. MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (-?'YES (J NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a" ?G) Z°lu REMARKS: © y YDuID _ PHONE: 678.242.25001 FAX: 678.242.2499 ® Green wru>uR Communi i°iry`", �' Info@cifyofmllfonga,uslwww.ogyofmiHonga.us A� _ tea✓ vmw 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - EEET r.-.-- a To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on June 10, 2016 for the June 20 2016 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Dynatest North America Inc. for PCI Evaluation of the City’s Streets. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In accordance with the city procurement procedures the project was advertised and the city received sealed proposals from qualified firms. A selection committee evaluated submittals and in accordance with the City of Milton Purchasing Policy, selected In Dynatest North America Inc. as the most qualified consultant to provide these services. Staff is recommending approval of the Professional Services Agreement with Dynatest North America Inc. in the amount of $24,990.00. Funding and Fiscal Impact: Funding for this project is available in the Pavement Management budget. Alternatives: There are no alternatives to this project. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (6/2/2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Professional Services Agreement HOPAE OF,,,.r. p.. ,... Ilkssrnus�Era zoo;, PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this -24 day of /%, 2Q16 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and DYNATEST NORTH AMERICA INC., a Georgia corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant 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, Consultant has familiarized itself with the nature and extent of the Agreement, 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. 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 do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" — Consultant Response/Proposal Exhibit "C" — RESERVED Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. Proiect Description. The "Project" at issue in this Agreement is generally described as: city-wide evaluation of the City's streets to establish a PCI rating for each road and the implementation of a PAVER database. Also included is the hosting of the PAVER database making the PAVER database web based. C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Work Plan set forth in Exhibit "B", attached hereto and incorporated herein by reference (the "Database Creation"), as well as the database hosting service described further below (the "Hosting Service"). Unless otherwise stated in Exhibit "B", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in this Agreement, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. In addition to the Database Creation described in detail in Exhibit `B", Consultant shall provide or cause to be provided a Hosting Service, which shall consist of continuous online hosting of the PAVER database(s) created during the Database Creation. The Hosting Service shall allow for 24/7 remote access to the databases by the City and its agents and employees. Speed, downtime/repair and other performance measures of the Hosting Service shall be equivalent to comparably -priced commercially available remote hosting services. Upon termination of the Hosting Service for any reason, the Consultant shall promptly, and at no additional charge, provide the City with all hosted files in a format reasonably accessible to City. D. Schedule, Completion Date and Term of Agreement Consultant understands that time is of the essence of this Agreement and 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. In any event, the Database Creation shall be completed on or before three months from the date that the City provides Consultant with notice to proceed. Consultant shall begin providing Hosting Services upon completion of the Database Creation, and shall continue to provide Hosting Services at all times that this agreement remains in effect. The term of this Agreement ("Term") shall commence as of the Effective Date, and shall terminate on September 30, 2022 (provided that certain obligations will survive termination/expiration of this Agreement). In addition, 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 City on September 30 each year of the Term (i.e., the end of the City's fiscal year), and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior 2 to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. 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 Consultant and 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 City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant 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 City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or 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 III(B) below. 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 Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. A single invoice for Database Creation shall be submitted upon the completion of the Database Creation services; invoices for Hosting Services shall be submitted at the conclusion of each fiscal year in which Hosting Services have been provided. 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 City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shaII pay Consultant within thirty (30) days after approval of the invoice by City staff. 3 B. Maximum Contract Price. The compensation for Work performed shall be based upon a flat fee. The City shall pay a $24,990.00 flat fee for the Database Creation and Hosting Services (if any) provided in the first fiscal, year of the Term. The City shall pay a $1,500.00 flat fee for each year of Hosting Services provided after the first fiscal year of the Term, which fee shall be prorated if this Agreement is terminated prior to the conclusion of the then -current fiscal year. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $24,990.00 in the first fiscal year of the Term, and $1,500.00 in subsequent years of the Term (the "Maximum Contract Price" for each fiscal year), except as outlined in Section II(C) above. Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and there shall be no reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits Consultant accepts the relationship of trust and confidence established between it and City, recognizing that 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 Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant 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. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budaetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does 4 not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Kurt Keifer shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant 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 City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and 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 an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity 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 Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant 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. H. Independent Contractor. Consultant 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 City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant 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 consultants, 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. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. 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. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, 6 representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant 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, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ N/A ( )per occurrence shall be provide_d and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions 7 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 Liability and (if applicable) Umbrella Liabilitv Coverage. (i) Additional Insured Requirement. 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 Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. 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 Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant'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-insurance maintained by the Insured Parties shall be in excess of Consultant'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 Consultant'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 Consultant for 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 Consultant for 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 (3 0) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. 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 of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability. of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant 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: Consultant shall furnish to 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, Consultant is specifically required to provide an endorsement naming 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 Consultant'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. City 0 reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant 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: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee• City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Pa, ments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have 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 0.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. 10 Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided 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, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, 0.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. _Z Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to 11 provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by 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 Consultant 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, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's 12 compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and 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. Consultant and 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. M. Confidentiality. Consultant acknowledges that it may receive confidential information of 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant 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 City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter I of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 13 N. Key Personnel. All of the individuals identified in Exhibit "F", 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 Consultant's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for 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 Consultant's obligations under this Agreement and shall be grounds for termination. O. MeetinLys. Consultant is required to meet with 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 City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant'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 this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials axe lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. 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, 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 14 comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matt Fallstrom shall be authorized to act on City's behalf with respect to the Work as 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 II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) 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 City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be 15 converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Reauirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Aereement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other 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. C. 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 Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. 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. 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 executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E, Business License. Prior to commencement of the Work to be provided hereunder, 16 Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant 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 City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official 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 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 Parry at the address given below, or at a substitute address previously furnished to the other Parry by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Director of Public Works City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Mr. Kurt Keifer 11415 Old Roswell Rd. Suite 300 Alpharetta, GA 30009 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive ten-nination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rijzhts, This Agreement shall be exclusively for the benefit of 17 the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. 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 Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to 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. In the interest of brevity, the Agreement 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. 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. M. Force Majeure. Neither City nor Consultant shall be liable for its 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 its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its 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 CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, 18 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. N. Material Condition. Each term of this Agreement is material, and Consultant'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 City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 CONSLFLTAINT: DynatcstNorth Amernr�,t Print Name: Title: Presiden ce I'resicle�x ;orhoration) .fittest/Witness: C� Siature: _ fpr k nc Title: (Assistant) Corp"Orate Secretary attest: Sigmature: ____.__ Print Name: _ Title: City Clerk . Irr-oved as to form: --...._-....._. _._____. _........ City Attomey [CORPORATE :y FAI,I CITIV OF MILTON, i7F€ RGIA __.__.__---- `__.._..__ __......_.__.__. By: Joe Lockwood, Mavor 0 ICITY SEA I.,I EXHIBIT "A" ESTABLISHED 2006 R --T FP Number RFP -Title: 16-PWO3 FY2016 City Wide Pavement Condition Survey RFP Due Date and Time - January 26, 2016 (ci)- 2:00pm local time WENT Procurement Office Contact: I I ss I ue Date: Honor Motes December 16, 2016 City ofMilton 1%000Deerfield Pkwy, Suite 1O7F Milton, Ga. 3D0O4Website: Www.cityofmiltonga.us Phone: 678-243-2800 INSTRUCT[ TO-OFFERO Return Proposal to: Mark Face of E . nvelope]Packa—ge: Proposal Number: 16-PW03 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Special Instructions: Deadline for Written Questions January 15,2016 (a) 6:00PM Email questions to honor Motes at 2 —4 5– EF MOOV60MPLETTS Offeror Name/Address: Authorized Offeror Signatory: Offeror Phone Number: (Please print name and si2n in ink) Offeror FAX Number: Offeror Federal I.D. Number: Offeor E-mail Address: COVER SHEET 77-777777�, 7 77 BLE�,,"OF"CONT S Offeror's RFP Checklist ProposalLetter ........................................................................................... Schedule of Events Section 1: Project Overview and Instructions ......................................... Section 2: RFP Standard Information Section 3: Scope of Project ....................................................................... Section 4: Offeror Qualifications Section 5: Cost Proposal ........................................................................... Section 6: Evaluation Criteria Section 7: Standard Contract Information RFP 16-PW03 21 P a - e C, }� _ � � �`�ZQFF'ERO�i'S RFF G�iECKLiS-"C' x � •4 �� `� � �-... .� _: The Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1• Read the entire document. Note critical items such as; mandatory requirements; suppliestservices required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3• Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4• Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. 5. Follow the format required in the RFP when preparing your response. Provide point -by -point responses to all sections in a clear and concise manner_ 6. Provide complete answersldescriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7• Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 9. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. (This checklist is provided for assistance only and should not be submitted with Offerors RFP 16-PW03 3 1 P a g e M1,11LI-ON*k C:il fBLISHED 2W6 City of Milton RFP# 96-PW03 PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (16-PW03) FY2016 City Wide Pavement Condition Survey. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city. PROPOSAL SIGNATURE AND CERTIFICATION 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature [bite Print/Type Name Print/Type Company Name Here, RFP 16-PW03 4 1 P a g e F i j �, SCHEDULE C7.F EVENTS rt,: 7 777 �z - P 5 t EVENT RFP Issue Date DATE December 16, 2015 Deadline for Receipt of Written Questions 5 PM on January 15, 2016 Response to Questions by the City..... on or about January 19, 2016 RFP DUE No Later than 2 PM on January 26, 2016 RFP 16-PW03 51 P a g e SE,G�ION ;" PR,O U4E, D,1NSTRUCT[O�S. 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is soliciting proposals from a civil engineering Consultant with expertise in developing and updating Pavement Management Systems to update the City's 2012 Pavement Condition Survey and generate a new Pavement Management Program report. The most recent pavement condition survey was completed in February 2012. This RFP covers all of the City's 165 miles of paved streets (varying in width from 18 to 70 feet) within the City's 36 square mile area limits to be surveyed. The City utilizes this program to plan, budget and manage the maintenance, repair, rehabilitation, and/or replacement of the City's entire roadway system. The Consultant will determine the present performance status of our roadway network (segment by segment) which includes the preparation of field data inventory logs, identifying and determining a preventive maintenance program for the roadway network with respect to City's five year budget forecast. The Consultant will also identify the feasible rehabilitation alternatives per street segment and prepare a five-year rehabilitation program for the needed street segments with respect to the City's budget forecasts, and an optimum financial plan that will be required to maintain desired acceptable pavement serviceability. The Consultant will also forecast future pavement performance for each street segment. The budget for this project is $40,000. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until an offeror(s) is selected, offeror(s) are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualifythe offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us RFP 16-PW03 6 1 P a g e 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to Honor Motes on or before 5 PM on January 15, 2016. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about January 19, 2016. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be will be posted alongside the RFP at http://www.citvofmiltonga.us and htip://ssi.doas.statega us/PRS@pr)/PR index isp. Offerors must sign and return any addendum with their RFP response. D. Standard Contract By submitting a response to this RFP, offeror agrees to acceptance of the standard terms and conditions and standard contract as set out in Appendices A and B of this RFP. Much of the language included in the standard terms and conditions and standard contract reflects requirements of state law. Requests for exceptions to the standard terms and conditions, standard contract terms, or any added provisions must be submitted to the procurement officer referenced above by the date for receipt of written/e-mailed questions or with the offeror's RFP response and must be accompanied by an explanation of why the exception is beim taken and what specific effect it will have on the offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material, minor, insubstantial requests for exceptions with the highest scoring offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all offerors submitting a response to this RFP. RFP 16-PW03 7 1 P a g e E. Mandatory Requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. The City will determine whether an offeror's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING A PROPOSAL A. Organization of Proposal. Offerors must organize their proposal into sections that follow the format of this RFP, with tabs separating each section. B. Failure to Comply with Instructions Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals One original and four (4) copies of each proposal should be provided to the City. Proposals must be received at the receptionist's desk prior to 2:0QPM. local time, January 26, 2096. Facsimile or emailed responses to requests for proposals are not acceptable. City of Milton Attn: Honor Motes Suite 907F 93000 Deerfield Parkwav Milton, GA 30004 D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated RFP 16-PW03 8 1 P a- e time. Late proposals will not be opened and may be returned to the offeror at the expense of the offeror or destroyed if requested. 1.5 OFFEROR'S CERTIFICATION A. Understanding of Specifications and Requirements By submitting a response to this RFP, offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. B. Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within forty-five days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 1.6 COST OF PREPARING A PROPOSAL A. City Not Responsible for Preparation Costs The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offeror in the preparation and presentation of their proposal. B. All Timely Submitted Materials Become City Property All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process. RFP 16-PW03 9 1 P a g e 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. RFP 16-PW03 10 1 P a g e 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. RFP 16-PW03 11 P a g e Information or materials presented by offerors outside the formal response or subsequent discussion/negotiation or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested, shall be at the offeror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract RFP 16-PWO3 12 1 P a g e negotiation is unsuccessful or the highest scoring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Reject any or all Proposals received. The City is not obligated to request clarifications or additional information but may do so at its discretion. The City reserves the right to extend the deadline for submittals or to cancel or modify this RFP at any time. 2. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 3. To request further documentation or information, and to discuss an RFP submittal for any purpose in order to answer questions or to provide clarification, 4. Not award if it is in the best interest of the City not to proceed with contract execution, 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. RFP 16-PW03 13 1 P a g e This section of the RFP describes features of a Pavement Management System important to Milton. The itemized features, however, are not all inclusive but are provided to help define the type of information, queries, database management features, reports, etc. that are of value to Milton. Within your proposal, vendors should identify and explain all capabilities that may be of benefit to Public Works. It may be there are software features not listed within this scope of work that prove to be the most valuable. LRgL3v:/mnv/;gLD:gLxvdmmnvdvg ' program, plan, budget and manage the maintenance, repair, rehabilitation, and/or replacement of the City's entire roadway system determine the present performance status of our roadway network (segment by segment) which includes the preparation of field data inventory logs, identifying and determining a preventive maintenance program for the roadway network with respect to City's five year budget forecast. The Consultant will also identify the feasible rehabilitation alternatives per street segment and prepare a five-year rehabilitation program for the needed street segments with respect to the City's budget forecasts, and an optimum financial plan that will be required to maintain desired acceptable pavement serviceability. The Consultant will also forecast future pavement performance for each street segment. 1. Pavement Condition Survey (PCS) The following tasks shall be included in the scope of work: 1. Meet with City staff to review schedule, budget, project documents, project goals, format of deliverable and clarify responsibility of each party. 2. Collect field data to perform a PCS of the City of Milton's Collector Roads and Subdivision Street system, approximately 165 centerline miles. 3. Create and populate system database including physical characteristics, pavement distress types, historical information, accurate measurements, and street classifications. 4. Calculate Pavement Condition Index (PCI) at break points established by using the ASTM -D6433-11. All personnel and equipment to update the PCS are to be provided in the Proposal RFP 16-PW03 14 1 P a g e 5. Deliverables by Contractor: a. A finalized shape file containing all collected pavement data, PCI's, and recommended maintenance activities, b. The production of summary tables by both alphabetical and priority listing for the street system. Begin and end descriptions will reflect centerline break points. Also, a digital copy of the finalized database will be provided in Microsoft Excel format or equivalent database format, c. Development of a technical report with tables and figures to summarize the condition of City street systems and their recommended maintenance needs. This report shall contain all collected pavement data, pavement condition, and recommended maintenance activities 2. Pavement Management System (PMS) Develop a "draft' PMS for the City. PMS development shall be conducted using a Web -based software (most recent version) and include: a) Identification and Determination of a Preventative Maintenance Program and Rehabilitation Strategy b) The Consultant shall identify the type of maintenance, rehabilitation, or replacement treatments required for each street segment and the estimated cost for performing these alternative treatments. c) Consultant shall analyze each street segment in a detailed decision tree for the City's own procedures and maintenance activities. Required maintenance and rehabilitation treatments shall include, without limitation, details such as level of pavement structural repair or surface repairs required before surface treatments and overlays are performed. d) The Consultant shall meet with the City Staff to determine the City's current practice of pavement treatment. e) Consultant shall analyze the City's treatment practices and set up the decision trees to provide compatible recommendations. This analysis shall also include minor maintenance treatments such as recommending and costing the repair of individual pavement distresses, which are identified in the distress survey. f) A list of total street network needs shall be generated within the Micro Paver program and included in the final report for the Project. These current needs shall be analyzed and discussed in the final report. The engineering basis to support the estimates shall also be provided. Network conditions, needs and costs shall be input so that they can be viewed in the web based software. 2. Identification of Rehabilitation Priorities Consultant shall provide the City several sets RFP 16-PW03 15 1 P a g e of priority and benefit/cost analyses listings for determining project order and timing. Methods used for the analyses shall be based on discussions held with City staff regarding the City's needs, desires and policies for setting street maintenance priorities. Consultant shall provide an engineering discussion with the priority listings in the final report. This discussion shall analyze each of the options and make recommendations as to the best prioritization methodology to be used by the City Preparation of a Five -Year Rehabilitation Program the Consultant must generate a Mufti -Year Plan for performing maintenance and rehabilitation projects. The Multi - Year Plan supplements any current plans previously established by the City. The Consultant shall estimate deterioration each year for all street segments and then re -compute for available funds for the remaining years in the analysis period. The Mufti -Year Plan and background analysis shall be presented in the final report along with an engineering discussion regarding the use and implementation of the Multi - Year Plan. 4. The Consultant shall train City staff in the setup of the street project budget within Micro Paver. Consultant shall determine various City experienced pavement treatment unit costs and shall enter them into Micro Paver. The Consultant shall recommend the required maintenance and rehabilitation treatments, and provide an estimate of the cost for the activities. The City shall determine how to present these costs in Micro Paver by individual segments or summed across different surface types, functional classifications, total network, or any other way. The recommended treatments for the individual segments shall be shown in priority order to indicate which costs should be incurred first. 5. The Consultant shall prepare a final report. The report shall include, without limitation, the methods, findings and recommendations of the Consultant, which shall be presented in a single comprehensive document which, should include findings generated as part of other tasks described herein. The Consultant shall include clear & legible colored map exhibits as part of the report. A total of three (2) copies of a preliminary Final Report shall be submitted to the City for review. LRgL3;lvmq/bggLD:gLxgFA;vymglbvm;vbmgv::m;b/mgv::gLxgFAp:;mgv::mpnnmglbvmpnlmq/b RFP 16-PW03 16 1 P a g e assr)ca-:teci for mu 3.LRgL3nnbvr:�gy yc LC�:g:_x;cnb;rm ryci/rr;r�c:r�f�:ngy:i,'rr, ►c::►b.ri �y c::rrr,-��r� ��q; ci:rrir►npvmgyd/mnnvb City. LRgL3n:d/mgbvggLD:gLxn:d/mgbpbmn:y;mgbpbmn:y;mgbpmmn:d/mqbpnm RFP 16-PWO3 171 P a g e another version. LRgL3bbbmd:pvgLD:gLxgFAn::ymd:/mmn::/md:iymn:nymd:/ygLxgFAn:n RFP 16-PWQ3 181 P a g e 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the offeror to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. RFP 16-PWO3 19 1 P a g e MUST BE RETURNED WITH BID MUST BE RETURNED WITH PROPOSAL INA SEPARATE SEALED ENVELOPE One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5.0. Print/Type Company Name Here: Estimated 165 miles of Roads to be included in the survey List of all roads to be surveyed is available upon request Total Price $ Authorized Signature Date Print/Type Name. Print/Type Company Name Here. RFP 16-PW03 20 1 P a g e The City may elect to conduct a round of interviews with selected consultant following receipt of the RFP. The City also reserves the right to issue an RFP to a single firm based solely on the initial submittal. The evaluation committee will review and evaluate the offers according to the following criteria: 1. Proposal Evaluation Criteria Gil Gw((mAQHDmA1G@A1G21t8((ubQHDubQ((uDQHDuuQ References and Proximity to the City 20%LRgL3nnp:mdgp; Background and Related Project Experience 30%LRgL3nnp:md;pb Work Plan 20%LRgL3nnp:mdp/;g Price (Section 5.0) 30%LRgL3v/:my:d;gLD RFP 16-PW03 21 j P a g e 7.0 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring offeror. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scoring offeror at the time of contract negotiation. RFP 16-PWO3 221 P a g e NOME OF'i 2 6STABLISIi[D ZU7G PROFESSIONAL SERVICES AGREEMENT This Agreement made and entered into this day of , in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107F, Milton GA 30004 and [Insert Name and Address of consultant]. WHEREAS, [Insert Project Description]; and WHEREAS, based upon Consultant's bid to provide software services as required by the bid documents, the City has selected Consultant as the winning bidder, and WHEREAS, Consultant has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: 1.0 Contract Documents This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B RESPONSE TO BID/FEE SCHEDULE EXHIBIT C INSURANCE CERTIFICATE EXHIBIT D CONSULTANT AFFIDAVIT EXHIBIT E SUBCONSULTANT AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. 2.0 Scope of Work; Compensation 2.1 The Consultant agrees to provide all Services specified in Exhibit "A." No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Ste 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. 2.2 City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of (the"Contract Price"). 2.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 2.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 2.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000, must be approved by resolution of the Milton City Council. 3.0 Independent Contractor 3.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 3.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 4.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 5.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting 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 there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liabiliy and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i} Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause priorto the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants: Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 6.0 Term; Termination The term of this Agreement shall be from the issuance of the Notice to Proceed and shall terminate absolutely and without further obligation on the part of the City on December 31, 2015, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to November 1, 2016. Except as otherwise provided for in Exhibit "A", the City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 7.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 8.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 9.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 10.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 11.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 12.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 13.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 14.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 15.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 16.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Insert Name and Address 17.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 18.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuantto O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavitto 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 agreesto 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 "E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidencethatthe subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuantto O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s) indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 19.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 19.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON THE FOLLOWING PAGE] [FIRM NAME] Signature Print Name Title SIGNED, SEALED AND DELIVERED [AFFIX CORPORATE SEAL] In the presence of: Witness (Corporate Secretary should attest) Print Name Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT "A" REQUEST FOR BID/SCOPE OF WORK EXHIBIT "B" RESPONSE TO BID/FEE SCHEDULE EXHIBIT "C" INSURANCE CERTIFICATE EXHIBIT "D" 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 Click hereto enter text. Name of Contractor Click hereto enter text. 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 "E" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Click here to enter text. 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 I hereby declare under penalty of perjury that the foregoing is true and correct. Date of Authorization Executed on , ^, 201_ in (city), (state). Click hereto enter text. Name of Subcontractor Signature of Authorized Officer or Agent Click here to enter text. Name of Project Printed Name and Title of Authorized Officer or City of Milton Agent Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT `B" Technical Proposal f®r FY2016 City Wide Pavement Condition Survey Prepared for City of Milton,A HOVE OF „ti'' sj ESTABLISHED 2006 Dynatest North America, Inc. 11415 Old Roswell Road, Suite 300 Alpharetta, GA 30009 January 22, 2016 CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) I RFP Num bec RFP Title; 16-PW03 FY2016 City Wide Paveavant Condition Survey P Daae Date and Tirne, ,�0O local time _,pM_ IF ISSUING DEPARTMENT INFORMATION Procurement Office Contact': Issue Date:' Honor Motes December 16, 2015 City of Milton 13000 Deerfield Pkwy, Suite 107F Phone: 678-242-2500 Milton, Ga. 30004 Website: www-cityofmiltongams (Pleasi�_Print name and sign in ink) dff-�"r-o- r- Jii�o_rie' N, _u­m_,b_e__r_: Offeror FAX Number: f 676) 78l - 1719 1 g1-; _99E>2 t�ffero� Federal I.D. Number: 7 -Offeror,---, E_-_ ma- il Address: 6_F_FEii0_­R_SUS­'T'­RE"_T_U_RN_ THIS COVER SHEET WITH RFP RESPONSE (-,'0 V F R 9 11 E ET INSTRUCTIONS TO OFFERORS Mark Face of EnveIope/­Pa`cka_ge_:__ Return 6oroposal to: Proposal Number: 16-PW03 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F 1 Milton, Ga. 30004 Special Instructions: Deadline for Written Questions January 16.2016 (a) 5:OOPM Email questiZ­stoHonor Motes at OFFERORS MUST COMPLETE THE FOLLOWING Offeror _Name/Address :—Authorized Offeror Siigfiator y DYN.P,TEST NORTH AMERTI,CAS N(" 1141-S OLD ROSWELL POAF)UTT V , SE 300 �Ilrt ALPHARETTA, GA 3000q A.!�F,6 (Pleasi�_Print name and sign in ink) dff-�"r-o- r- Jii�o_rie' N, _u­m_,b_e__r_: Offeror FAX Number: f 676) 78l - 1719 1 g1-; _99E>2 t�ffero� Federal I.D. Number: 7 -Offeror,---, E_-_ ma- il Address: 6_F_FEii0_­R_SUS­'T'­RE"_T_U_RN_ THIS COVER SHEET WITH RFP RESPONSE (-,'0 V F R 9 11 E ET City of Milton PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any arid all of the deliverables and services named in the Request for Proposal (16-PVV03) FY2016 City Wide Pavement Condition Survey. It is understood arid agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the city, PROPOSAL. SIGNATURE AND CERTIFICATION 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 for my company, I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not beviolated inany nespeci ' Authorized Signature __-- Date 01/22/3016 J~ Phnh�ypeNa ~�unI A -K EIBP Phnt/TypeCompany Name. Here DYNAT.EST0ORTH AMERICA, INC, RFP 16'1-1VY03 4 ACKNOWLEDGEIM ENT RECEIPTOU'ADDENDUM Pq R 11' 16- PW03 Upon receipt 14documents, please email, fax or mail M is page to: City of Milto(A Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: .......... I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: DYNATEST NORT11 AMERICA, INC. CONTACTPERSON: KURT A. KEIFER ADDRESS: 1-14,i3 OLD ROSWEIA, ROAD, SUITE 300 CffV: A!,PHARSI'TA STATE: CA ZIP: 30009 P 110 N E: {676)7a?. 1.799 FAX: (678,1823-99S2 EIVIAILADDRESS: KKej-f�.-r-(-sdyriatest--.com 01/22/201.6 1-19natu're Date 1 ADDENDUNI FII Mr. Honor Motes City of Milton 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Tel: (678) 242-2507 Email: honor. motes@cityofmiltonga. us Reference: Solicitation for FY2016 City Wide Pavement Condition Survey Dear Mr. Motes, Dynatest North America, Inc., in association with Urban GIS, is pleased to submit this proposal to provide pavement data collection and assessment services to the City of Milton. By teaming with Urban GIS, we have ensured seamless integration of pavement evaluation data with GIS mapping. We understand that the City of Milton is seeking the services of an experienced pavement consulting engineering firm to provide roadway pavement condition evaluations and to integrate these results into the MicroPAVER (now known as PAVER) pavement management system. Dynatest has successfully performed similar services for several agencies across the United States. We understand these types of projects, and we have the staff, expertise, and state- of-the-art equipment required to provide efficient and cost-effective pavement management services for the City of Milton. We believe that our team of experts can provide the best possible solution to meet the City's long term pavement management and planning goals. Our proposed Project Manager, Kurt A. Keifer, Ph.D., P.E., is a recognized PAVER and Pavement Condition Index (PCI) expert. He has extensive experience performing pavement condition surveys and implementing pavement management programs for cities, counties, and local agencies. Prior to joining Dynatest, Dr. Keifer served as an Associate Program Manager with the US Anny Corps of Engineers' (USACOE) PAVER development team. He is a co-author of the PAVER user manual and continues to serve as a PAVER instructor and tester for USACOE. In addition, he is a voting member on ASTM committee E17, which is responsible for the development of ASTM D6433 PCI standard, "Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys". He is a firm advocate of collaborative quality control and quality assurance programs for pavement condition surveys DYNATEST NORTH AMERICA, INC 11415 Old Roswell Road, Suite 300 Alpharetta, Georgia 30009 USA Telephone +1 678 781-1799 FAX +1 904 964-3749 Webpage: www.dynatest.com E-mail: usa@dynatest.com Pavement Engineering Specialists and Equipment We believe that Dynatest can exceed the expectations of the City of Milton. We bring to the table: ■ A commitment to work closely with the City staff to ensure that their pavement management goals are met ■ A proven track record — We are consultants to several State, County and local agencies ■ Extensive pavement management experience and expertise. We have conducted pavement condition surveys and have provided pavement engineering expertise for: • City of Frisco, TX (560 miles) • City of Naperville, IL (450 miles) • City of Wichita Falls, TX (530 miles) • Cook County, IL (790 miles) • Prince George's County, MD (1,800 miles) • Municipality of Anchorage, AK (1,100 miles) • State of Alaska (3,600 miles) • State of Texas (89,000 miles) • Matanuska-Susitna Borough, AK (350 miles) • City of Hamilton, OH (250 miles) ■ Various Military Bases (2,000 miles) ■ City of Indianapolis (3,200 miles) Thank you for this opportunity to provide our qualifications. Please do not hesitate to contact us in case of any questions or concerns. Best Regards, IDynatest Consulting Inc. Kurt A. Keifer, Ph.D., P.E. Executive Vice President OYNATEST NORTH AMERICA, INC. 11415 Old Roswell Road, Suite 300 Alpharetta, Georgia 30009 USA Telephone +1 678 781-1799 FAX +1 904 964-3749 Webpage: www.dynatest.com E-mail: usa@dynatest.com Pavement Engineering Specialists and Equipment TABLE OF CONTENTS 1. BACKGROUND..................................................................................................................................1 1.1 Dynatest North America Profile................................................................................................... 1 1.2 Urban GIS Profile............................................................................................................ 2 2. WORK PLAN.......................................................................................................................................3 2.1 Project Objective...........................................................................................................................3 2.2 Project Tasks.................................................................................................................................4 2.3 Quality Control/Quality Assurance Program.............................................................................. 13 2.4 Project Schedule.......................................................................................................................... 14 3. PROJECT TEAM................................................................................................................... 3.1 Experience Summaries................................................................................................................ 16 3.2 Points of Contact.........................................................................................................................17 4. PAVER IMPLEMENTATION EXPERIENCE................................................................................. 18 4.1 Experienced Training Staff on PAVER......................................................................................18 4.2 Sample Projects...........................................................................................................................18 APPENDIX— Resumes Key Staff..............................................................................................................27 Dynatest North America, Inc. i 1. BACKGROUND The City of Milton (City) is a growing community located in north Georgia adjacent to US -19. The City has population of about 36,000 and a public street network of about 165 centerline miles of arterial, collector and local streets. In order to maintain their roadway assets at a sustainable level, the City is planning to perform a pavement condition survey (PCS) and implement MircoPAVER (now known as PAVER) pavement management tool to help them monitor the condition of their roadway assets and plan its maintenance and rehabilitation (M&R) strategies. To this end, the City has issued a Request for Proposal (RFP) for project 16-PW03, "FY2016 City Wide Pavement Condition Survey." The purpose of this RFP is to engage the services of a consultant to conduct a pavement condition survey, perform PAVER software implementation and configuration, train City Staff on PAVER, provide the City with pavement condition reports, and provide the City with M&R recommendations. Dynatest North America, Inc. (Dynatest), in association with Urban GIS, Inc. (Urban GIS), is committed to helping the City of Milton provide their citizens with an effective, sustainable, street network to promote economic growth and improve their overall quality of life. To this end, Dynatest is submitting this proposal which lays out our proposed Project Team, Approach, and Schedule to meet the City's needs in developing a pavement management program and M&R plan. 1. I Dvncrtest Vorlh r1niei-ic6z Pr (?Ile Dynatest North America, Inc. has provided pavement consulting engineering services and products to the global community since 1978. We are an established company with an excellent reputation in the industry. We pride ourselves on our unique combination of in-house analytical expertise and practical, in -the -field capabilities that enable us to successfully perform many different types of projects and provide practical solutions for a wide array of clients. For nearly 40 years, Dynatest has provided pavement management solutions to State, County and other local agencies. Our most common pavement engineering and consulting services include: ® Pavement management system implementations and updates ® Pavement condition evaluations - manual and automated ® On-call pavement engineering, evaluation, and management support ® Pavement nondestructive structural testing and analysis ® Pavement friction and roughness testing ® Customized analysis and reporting for engineering projects Training of client personnel in pavement engineering and management principles and practices, deflection analysis techniques, operation of equipment and analytical software, etc. (including PAVER and ELMOD 6) ® Development of project level pavement analysis software applications including ELMOD 6, FEM/LET/MET, LCCA and PCN We have significant experience and expertise with the US Army Corps of Engineers' (USACE) PAVERT" pavement management system. Prior to joining Dynatest, our proposed Project Manager, Kurt A. Keifer, Ph.D., P.E., served as the Associate Program Manager at USACE. As a key member of the PAVER development team, he worked on PAVER software development and also managed the implementation of PAVER at US Air Force, Army, and Navy installations worldwide. Dynatest North America has more than twenty (20) pavement condition inspectors and more than sixty (60) total employees located in the United States. Our project staff and inspectors have worked for several agencies, and we always successfully accomplish a project regardless of the location. Furthermore, we have significant pavement management and engineering expertise in all seven of our United States offices Dynatest North America, Inc. located in Alpharetta, Georgia; Chicago, Illinois; Westland, Michigan; Harrisburg, Pennsylvania; Starke, Florida; Austin, Texas; and Ventura, California. 1.? til-bcin GIS Proflh, Urban GIS, Inc. is a consulting firm specializing in Geographic Information Systems (GIS), urban planning and asset management solutions. Based in Chicago, Urban GIS is committed to providing quality driven, comprehensive, and technically oriented consulting services, while delivering a personal yet professional approach. With expertise and knowledge in infrastructure and engineering, Urban GIS is able to provide GIS based support services for planning, design, program management, and implementation of enterprise information systems. Urban GIS, Inc. offers an impressive choice of services within three primary areas — GIS Consulting, Infrastructure & Engineering Support, and Staff Augmentation. In total, the company's staff possess 100 plus years of GIS experience and can assist with any additional programming or development needs. Strategic business partnerships with Esri and Cityworks allow Urban GIS to employ the most up-to-date industry software to best serve clientele. As a minority owned small business (MBE/DBE and 8(a) certified), Urban GIS strives to deliver exceptional project results, and build long-lasting relationships through innovative services and client satisfaction. With certifications in over 40 states nationwide, Urban GIS has the ability to model your world, your way — no matter the location. Dynatest North America, Inc. 2. WORK PLAN Dynatest understands the technical and managerial requirements of PAVER implementation and PCI survey projects, and we have the experience and qualified personnel required to meet and exceed the requirements set forth in the City's RFP. Our technical approach to successfully accomplishing this project is as follows: ?. l PI-Oif c°t Ol ec°tiLve The City of Milton is seeking the services of an experienced pavement engineering firm to perform several pavement management -related tasks, including: ® Update PAVER database to the latest version for the City's roadways (165 miles of roadways). ® Linking the PAVER database to a properly sectioned GIS database of the City's roadways. ® Performing a Pavement Condition Index (PCI) survey on the City's roadways in accordance with ASTM D6433-1 1. ® Preparing draft and final reports that include an assessment of the current and projected pavement conditions, budget scenarios for M&R, project prioritization, and five year rehabilitation program scenarios for different street classifications along with GIS maps showing the above. ® Providing on-site PAVER training for the City staff. ® Providing on-site training on pavement evaluation, management, and pavement preservation practices. Dynatest North America, Inc. 3 ?.? Prc)ject Tris*s Based on our significant experience with similar projects, we believe that the following major tasks will be necessary in order to successfully accomplish this project: Task I Kickoff Meeting and Project Initiation Task 2 records Review and Pavement Inventory Development PAVER Implementation and PCI Survey 3.1. PAVER Implementation Task 3 3.2. Link PAVER and the City's GIS 3.3. PCI Field Survey 3.4. Pavement Condition Report Pavement Management Plan 4.1. Develop Pavement Performance Models Task 4 4.2. Development of Draft Pavement Management Plan 4.3. Meeting with City Personnel 4.4. Development of Final Pavement Management Plan PAVER Training Task 5 5.1. PAVER Level 1 Training 5.2. PAVER Level 2 Training Task 5 Final Report and Deliverables de ,hits jild Pro Je£'l 893tfl$1<it°( (lei E`t`s4s mid s'¢y:13 (1-4s) The project initiation task will include a one day project kick-off meeting to discuss project details, scope, and work schedule with City staff; and a review of the City's network and historical pavement information, data and records. This task will help our team to gather a more comprehensive understanding of the information available and specific project goals. At the kick-off meeting we will discuss a number of items including: Overview of Project Activities & Schedule Points of contact for questions (GIS, Pavements, etc.) Review available information and the format available (electronic or hardcopy) o GIS files a Aerial Photographs o PAVER Database o Hardcopy of City Maps o Last Construction Info o Local M&R/maintenance cost information Obtain copies of available information for further analysis Define parameters for use in PAVER software Define limits of PCI survey Dynatest North America, Inc. 4 Delivery formats for reports, etc. Progress reports (frequency, format, etc.) ? _. ., a, 'w$';lm, ..o d P'I _n `'I Ind ,c PIori 1 ., d;:€ 1ik'o. i; es �a i i a d ri „ sa��p The Dynatest-Urban GIS team will thoroughly review the current database and develop a detailed inventory of all roadways that will be surveyed and included in the pavement management database. A successful pavement management system requires that network definition activities be done to facilitate the update and reporting of information and to provide a sound engineering basis for making M&R recommendations. The approach proposed by the team members assumes that the pavement network is divided into facilities and sections in accordance with the procedures outlined in the US Army Corps of Engineers Technical Report M-90/05, Pavement Maintenance Management for Roads and Streets Using the PAVER System. The team shall review the City's existing database and GIS data sets. At a minimum, we shall review the following items., ■ Pavement section identification (i.e., Network ID, Branch ID, and Section ID) ■ Pavement section classification (e.g., Arterial, Collector, and Residential) ■ Pavement section surface type (e.g., AC, AAC, PCC, APC, etc.) ■ Length and width of each pavement section ■ Pavement section reference (station reference and boundary) ■ Pavement construction and repair/maintenance history At this stage, it is critical that all data that the City uses in its pavement management decision-making process is identified, collected, and entered into the PAVER system. Consequently, we will work with the City to identify and populate the pavement inventory database with any additional data fields, such as soil type classification data, ADT data, truck routes, etc., that are deemed necessary for inclusion in PAVER. The resulting information will be used to update the PAVER database. Dynatest North America, Inc. Dynatest will acquire a Iicense of PAVERTP" (Version 7.05) for the City. The PAVER license will include technical support and will be acquired through the Colorado State University. PAVER provides pavement management capabilities that assist agencies in: (1) developing and organizing their :e pavement inventory; (2) assessing the current condition of their pavements; .M (3) developing models to predict future pavement conditions; (4) reporting on l past and future pavement performance; (5) developing scenarios for M&R t based on either budget or condition requirements; and (6) planning M&R' projects. Simply stated, PAVER helps agencies determine when and where pavement work (i.e., maintenance, preservation, rehabilitation, and reconstruction activities) is required and approximately how much that work will cost. The primary pavement management modules in PAVER include: ® Inventory ® Condition Analysis ® Work History 0 Maintenance and Repair (M&R) planning ® Inspection ® Project Formulation ® Prediction Analysis ® Reporting Each module comes equipped with a variety of reporting capabilities that are commonly used to analyze and review data on the fly. In order for PAVER to provide practical, meaningful output and recommendations, the system must be customized to reflect the City's M&R practices — existing and/or desired. Consequently, in addition to entering collected inventory and historical work data into the City's PAVER database, we will work closely with the City to identify the best available pavement maintenance, preservation, and rehabilitation practices available. Required budget forecasting data, such as M&R unit cost data, will be collected and entered into the system so that all PAVER -based budget forecasts reflect realistic, anticipated costs that will be incurred by the City. Dynate.st North America, Inc. Dynatest will link the City's existing GIS data to the PAVER database. Doing so will enable the City to view and analyze its pavement -related data either via GIS in PAVER or through the City's existing GIS software. Depending on the sectioning of the City's roadway network, our team may need to update it prior to connecting it to PAVER. In order for the link between PAVER and GIS to be established properly, the pavement sections must be defined identically in both systems. For this task, we propose a state-of-the-art, semi -automated approach for performing a visual survey of the City's pavement network. Using Dynatest's Multi -Function Vehicle (MFV), we will collect continuous, high-resolution pavement images which will then be evaluated by trained and experienced pavement condition inspectors in accordance with ASTM D 6433 "Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys." Performing a semi -automated PCI survey provides the City with the following benefits: • Minimize the time needed for the field data collection • Decreases the impact to the motoring public • Increases overall safety (Inspectors and Public) • Provide the City with a digital record of the City's streets on the day they were surveyed Prior to and during the automated pavement condition survey, the project team shall: • Work closely with the City staff to develop a surveying schedule. • Create and verify a list of pavement sections to be surveyed. • Perform continuous QA/QC of data during surveying. The Dynatest MFVs are equipped with the following components: • INO/Pavemetrics Laser Road Imaging System (LRIS) for high definition pavement imaging. • Dynatest Class I, 5051 Mk -III Road Surface Profiler (RSP) equipped with 7 laser sensors for measurement of pavement roughness and rutting. • Panasonic high-definition right of way (ROW) cameras. • High -accuracy (sub -meter) GPS measurements. • Applanix POS -LV system for measurement of pavement geometry data including cross fall, radius of curvature and longitudinal grade. Dynatest North America, Inc. 7 Figure I Dynatest Multi Function Vehicle (MFV) Dynatest's Multi -Function Vehicle (MFV), shown in Figure 1, is setup with the Pavemetrics Laser Road Imaging System (LRIS) system, which is composed of two high resolution linescan cameras and lasers that are configured to image 13 -ft transverse road sections with I mm resolution at 60 mph. The LRIS system can operate in full daylight with no degradation due to glare or shadows because the laser illumination system is immune to variations in outside lighting conditions. All pavement inspections are performed in accordance with ASTM D6433" (PAVER methodology). As described in the RFP, 165 miles roadway will be surveyed using a single pass per direction. All data ID's will be related to the City's centerline geodatabase attributes, all GIS data delivered shall be in coordinate system the City prefers. Pavement Distress Identification and Classification: With our proposed semi -automated approach, Dynatest pavement inspectors will identify and classify pavement distresses using high- resolution pavement images. The pavement inspectors will evaluate the pavement distress data using Dynatest Explorer - Dynatest Rating Module (DE-DRM); proprietary software used for rating pavement distresses in accordance with ASTM D 6433. DE-DRM provides the pavement inspector/rater with a graphical interface to visualize and review or edit all the data sets collected using the MFV. These data sets, which are accessed and organized by DRM, include pavement images, Right -of -Way images, pavement profile and geometry datasets, stationing and GPS readings. Workstations with two, 24 inch high resolution LCD monitors are used by experienced pavement inspectors to identify, classify and report the pavement surface distresses using DRM. The distress surveys are carried out in accordance with procedures used to identify and rate distress as described in ASTM D 6433. Moreover, the pavement distress information is easily compiled into XML files which can be imported into a PAVER database. Example screen captures from the DE-DRM software are shown in Figure 2. Dynatest North America, Inc. Figure 2 Dynatest Explorer — Dynatest Rating Module Software The DE-DRM software has the capability to divide the pavement surface area into `frames', with each frame being 20 ft. in length (also customizable). We propose to perform the pavement evaluations at a 20% sampling rate (typical of network level pavement condition surveys) as part of this project. The program automatically calculates the total length, width, location (with reference to frame number as well as station) and areas of various distresses that are marked on the screen. Importance of Trained and Experienced Pavement Inspectors/Raters: Dynatest only uses trained and experienced pavement inspectors to rate the data collected. All of our inspectors have significant pavement inspection experience and expertise. The majority of our pavement inspectors are former Department of Transportation (DOT) employees, who bring with them decades of experience inspecting and evaluating pavements. Dynatest believes that there is no substitute for experience when it comes to obtaining accurate and repeatable pavement condition data. Dynatest will update the City's PAVER database (described in Task 3.1) with the current pavement conditions based on the condition survey. The update will include calculations of PCI values at the branch and section levels. We will also provide the City with a report comprising of an alphabetical listing of the City's streets and their current conditions. In addition, Urban GIS will prepare 11x17 maps for the City showing the PCI values for all roads surveyed. The deliverables for Task 3 will also include the following: Dynatest North America, Inc. The PAVER database updated with .I. -lord PU Pethsn• ' existing/current pavement conditions Po and PCI values Pavement 3nspootion , A shapefile/geodatabase containing Data calculated PCI values Maps showing the calculated PCI p b °i r` i �� � rc� quu.t t � � n _f, t values — --� I ._T.�11 iths �crcriry io } Dynatest will prepare a draft pavement management plan based on all data collected and stored in the City's PAVER database. The draft plan will be submitted to the City during a meeting, where the PMP strategies will be discussed with the City personnel. After the meeting, Dynatest will revise the draft PMP and produce a final plan that reflects the interests of the City and its pavement management needs. Dynatest proposes the following steps to ensure this task produces a pavement management plan with the highest quality possible. , Wo 7.9420.335133443i V I A, a 25;ctutid�3:�tt>t X`L Pavement deterioration takes place due to a combination of load -related (due to traffic) and environment -related effects (temperature, moisture, freeze/thaw etc.) In a pavement management system, it is critical to characterize not only the expected deterioration of the pavements, but also the level of service expected for those roadways. Pavement performance prediction models help determine the anticipated deterioration rates of roadways, and provide information on when future rehabilitation activities/treatments will be required. The main objective of these models is to determine the most cost-effective M&R alternatives. Dynatest will develop/update, as needed, the pavement performance models in PAVER to ensure they are suitable for the City's street system characteristics. )e, Dynatest will work with the City to determine the best, most cost effective preservation, M&R activities currently available in the region. Taking advantage of Dynatest's pavement engineering expertise, we will establish practical preservation policies for the City, including, but not limited to: Surface Treatments, Mill and Overlays, Crack Sealing, and Patching. These policies, along with policies form M&R, will be defined in PAVER and used in forecasting future pavement work and funding requirements for all of the City's pavements. PAVER facilitates interactive "work" planning so that the City may: (1) easily determine the impact of different funding scenarios on pavement condition; and (2) rapidly determine future funding requirements based on the City's pavement condition goals. As part of the draft PMP, Dynatest will provide: Dynatest North America, Inc. to • The goals and objectives to be achieved by implementing the PMP. • Assessment of current pavement condition based on the results of the field survey and PCI calculations. • Analysis of future pavement condition predicted using updated pavement performance models. • Different budget scenarios for preventive M&R that will take into consideration, as a minimum, optimum level of service, optimum budget allocation, and project backlog reduction. Additional budget scenarios will be evaluated according to suggestions made by the City personnel during scope development. Identification of work required to meet goals and objectives under different budget scenarios. Project prioritization to ensure optimum spending and future maintenance needs. Short term (5 years) and long term (20 years) preventive M&R strategies. Dynatest will meet with City personnel to review the draft Pavement Management Plan and gather feedback about recommended preventive M&R for short term (5 years) and long term (20 years) strategies. Important factors to consider will include local construction practices, contractor experience, material availability and unit construction costs. .°� Dynatest will prepare a final Pavement Management Plan based on the outcome of the meeting with the City personnel. This will include cost/benefit analyses of recommended strategies for preventive M&R for selected local and collector streets that require immediate attention. 1.rainins Our proposed Project Manager, Kurt A. Keifer, Ph.D., P.E., will perform all PAVER, PCI, and Pavement Analysis training for City employees. Dr. Keifer has taught formal PAVER, PCI, and Pavement Management training courses for the USACE and the University of Illinois at Urbana -Champaign (UIUC), as well as client -focused courses since 1997. Dr. Keifer has recently taught similar courses for the Cook County Highway Department, Illinois, City of Frisco, Texas, City of Wichita Falls, Texas, and Hernando County, Florida. We recommend the training to be divided in two training sessions. Dynatest proposes a two -full -days training course on PAVER level 1 training. The outline of the training session will include pavement management, PAVER database from creation to updates/edits, inventory definition/update, inspection procedure, distress data entry, PCI calculation, work history update, reporting, GIS capabilities, and additional software capabilities i.e. wizards etc. We recommend level 1 training to occur soon after pavement condition index survey (i.e. between Tasks 3 and Tasks 4). Dynatest proposes a one -full-day training course on advanced (level 2) PAVER training. The outline of the training session will include PCI family modeling, condition performance modeling, M&R family modeling and policies, M&R work planning, and project formulation. We recommend this training section to occur after the pavement management program kicks off. Dynatest North America, Inc .'s? +,c w t, s _ I After successfully completing the tasks I through 5, our team will work closely with City staff in customizing the most suitable report for the city. We recommend that two reports be generated: ® 2016 State of the Streets Report — This concise report will summarize the overall findings of the pavement management program and will provide a "birds -eye" view of all the data and analyses. This report is intended for upper-level management and non-technical personnel. 2016 Pavement Management Program Report— This more detailed report will also contain all data and analyses performed as part of this project; however, it will provide much more background and details so that it may be used as a roadmap and resource for future updates. This report is mainly for engineers and technical personnel and will includes a detailed description of the work performed, the methods used in the analysis, and the current condition of the City's pavements. Both reports will contain a 5 -year rehabilitation program, which will include both reconstruction/resurfacing as well as preventive maintenance recommendations. By generating these two reports, we believe that the benefits of the City's pavement management program will reach a sufficiently wide audience. The final reports and associated maps will be delivered in paper and electronic formats. Dynatest North America, Inc. 12 2. _3 Owflily Coiztr•rel; Dynatest proposes the following project schedule starting from the date of issuing the notice -to -proceed: Tasks Month 3 Month 3 Month 3 Kickoff Meeting and Project Initiation Records Iievieiv and Pavement Inventonr Development lijrroP VER Implementation and PCI Survey ' ;' iic ol? VES nX vlementadon i� %licroP; n. and the Cliv 's GIS Dvnatesi Nfuti Funcdan Vehicle data collecdon Pavement Candition F atti?g _....__ Pavement C'ondid"m Report .'I"FAVERlevel lirairirrsg Pavement Management Plan Develop Pavement Performance Models --`"`--PAN7ER level 2 Training "`­ t:-"� ! Development of Draft Pavtt em Management Plan 1 ; Meetii7 wrdi CPersunnel —� Development of Fia-A Cavernern'ManagemenK Plan Final Report and Deliverables ' Deliverable Ve Figure 3 Project Schedule Dynatest North America, Inc. 14 3 . PROJECT TL;AN/I Dynatest, in association with Urban GIS, brings an experienced team of engineers and technical specialists to this project. Our team has vast experience in pavement condition assessment and in the implementation of the various versions of PAVER for a wide range of clients including Cities, Counties, Planning Organizations (MPOs/RPOs), Airports, Toll Authorities, and the US Military (Army, Air Force, Marines, and Navy). These implementations have included such activities as network definition, performance of PCI condition surveys (manual and semi -automated), instal ling/configuring PAVER, development of performance prediction models, performance of pavement condition analyses, and development of multi- year M&R plans. The Dynatest-Urban GIS team is shown in Figure 4, the project organization chart below. l E' CITY OF :JILT O J _ I AND P VFR '�JIE T A -un, KeiferPhD, PE'i i !; A.N D j 4411 Figure 4 Project Organization Chart Dynatest North America, Inc. 15 GIS EXPERIS (URBAN S[."°aIOR E?NG' 1Nj. ER SS'adaf a7ho—w€ v4 fiv% PhD i.. h %eXi?�ir$t 13ff;f�£1 i SaIR 6-4Y1sI2aI,.% PE Abba Karhivalta.,. IT GilXsseJ't'.�rhida tttt tit . ,t?a' t Pn"eet � L t, �I CIIJI .DuGinl i !; A.N D j 4411 Figure 4 Project Organization Chart Dynatest North America, Inc. 15 Summaries of the project experience of the Dynatest and Urban GIS teams are provided below. One page resumes for the key staff are provided in the Appendix. Kurt A. Keifer, Ph.D., P.E., is Dynatest North America's Executive Vice President and will serve as the team's Project Manager, PAVER Expert and 'Trainer on this project. For the past seven years he has been implementing/updating PAVER for a wide variety of clients throughout the US. Prior to joining Dynatest, Dr. Keifer was employed by the US Army Corps of Engineers, Construction Engineering Research Laboratory (Champaign, Illinois) for 10 years where he served as Associate Program Manager of the pavement management research and development (R&D) team. In this capacity he was involved with development and implementation of the PAVER pavement management system. Dr. Keifer has served as a pavement management course instructor for the American Public Works Association (APWA), the University of Illinois at Urbana -Champaign Department of Continuing Education, the American Society of Civil Engineers (ASCE), and several Counties and local agencies. He has taught more than 30 pavement management courses since 1997. In addition, he has published several papers on pavement management and is an active member on several pavement management technical committees. Salil Gokhale, P.E., is one of Dynatest North America's Senior Engineers. He will serve as a Project Engineer and technical advisor for this project. He has over 15 years of pavement engineering experience and has extensive experience working with the PAVER PCI rating procedures. Mr. Gokhale will work closely with Dr. Keifer in reviewing the pavement inventory, developing the pavement management plan and preparing reports. In addition, Mr. Gokhale will assist in the overall Quality Control/Quality Assurance (QC/QA) for this project. Mr. Gokhale has extensive experience in conducting pavement condition surveys, having worked on the following projects within the past five years: Cook County, 1L; City of Indianapolis, IN; Prince George's County, MD; Snohomish County, WA; Bismarck -Mandan MPO, ND; City of Frisco, TX; City of Wichita Falls, TX; Matanuska-Susitna Borough, AK; and Lee County, FL. Staff Engineers The Dynatest Staff Engineers that will be involved in this project include, ® Sadaf Khosravifar, Ph.D. ® Abbas Kachwalla, MS, EIT ® Vincent Mwumvaneza, MS, EIT One or more of these staff engineers will be assigned to this project as needed to best meet the needs of the proj ect. Sadaf Khosravifar, Ph.D. is a recent addition to Dynatest's staff of engineers. She is a graduate of the University of Maryland with a Ph.D. in Civil Engineering (Pavements) and has extensive experience in pavement data analysis, database management, and pavement data modeling. Abbas Kaehwalla, MS, EIT, is one of Dynatest's Staff Engineers. He is a graduate of the University of Illinois at Champaign -Urbana with a MS in Civil Engineering (Pavements) and has over a year of experience in working on PAVER implementations and updates for the Village of Schaumburg, IL; Cook County, IL; Fort Carson, CO; Fort Riley, KS; Tyndall AFB, FL and Niagara Falls ARS, NY; among others. Vincent Mwumvaneza, MS, EIT is one of Dynatest's Staff Engineers. He is a graduate of the University of Illinois at Champaign -Urbana with a MS in Civil Engineering (Pavements) and has been with Dynatest since lune 2015. Since then he has been working on PAVER implementations and updates for the Village of Schaumburg, IL; Cook County, IL; Fort Carson, CO; and Fort Riley, KS. Dynatest North America, Inc. 16 Chris Nimmo, is a Senior GIS Analyst at Urban GIS and will serve as a GIS Specialist for this project. In addition, he will assist in Quality Control/Quality Assurance (QC/QA) for GIS related work in this project. Mr. Nimmo has more than a 17 years of experience with GIS and has provided a variety of pavement - related services including data conversion, geodatabase design and creation, application design and exhibit creation. Mr. Nimmo has extensive experience in a supervisory role and oversaw work on the following pavement -related projects: City of Chicago, Department of Transportation (CDOT), Cook County (IL) Department of Transportation and Highways, and US Army Corps of Engineers. Gilbert Schultz, is a member of Urban GIS' technical staff and is a graduate of Michigan State University with a Bachelor's of Science in Urban and Regional Planning. He will serve as a GIS Analyst for this project. Mr. Schultz has experience in pavement distress surveys, and is familiar with the PCI process. Since joining Urban GIS in January of 2015, Mr. Schultz has been involved in the following pavement - related work for the US Army Corps of Engineers: Niagara Air Force Base, Laughlin Air Force Base, Spofford Auxiliary, Fort Carson and Yakima Training Center. Paul DiGiulio, is a recent addition to Urban GIS' technical staff and possesses a Bachelors of Arts degree in Geography and History from Indiana University. For this project, Mr. DiGiulio will serve as a GIS Technician. Mr. DiGiulio has been involved in various Pavement Management projects for the US Army Corps of Engineers. Mr. DiGiulio has experience developing technical writing content, maps, exhibits and reports for diverse use cases and is able to quickly, clearly and efficiently develop project deliverables. Technicians and Pavement Inspectors Dynatest has numerous Technicians and Pavement Inspectors that are experienced in • Operation of Dynatest's semi -automated pavement condition data collection equipment • Performance of distress rating identification and classification • Analysis of pavement condition data These Technicians and Pavement Inspectors will be assigned to this project to best meet the needs of the project. 3.2 Points gfCcmiac•t Dynatest's Points of Contact regarding this proposal are as follows: Proposal Questions: Kurt A. Keifer, Ph.D., P.E., Executive Vice President and Senior Engineer E-mail: KKl ,ii, r ii d Tel.. (312) 884-5434 Cell: (217) 766-7124 Dynatest North America, Inc. 17 a 4. PAVER ItMPLE'+r EN [ATIC)N EXPERIENCE Dynatest has significant expertise and experience with PAVER. Within the past five years, Dynatest has either implemented or updated PAVER and performed Pavement Condition Index (PCI) surveys for more than 25 municipal agencies and department of defense installations. Over the past 25 years, Dynatest staff have implemented PAVER and performed PCI surveys for more than 400 municipal agencies (Counties, Cities, and local agencies), department of defense installations (US Army, Air Force, Navy, and Marines), and airport agencies (statewide general aviation implementations and commercial airports) around the world. These PCI surveys have included both manual and semi -automated PCI surveys using Dynatest Multi -Function Pavement Condition Survey Vehicle. It is important to note that Dynatest developed the first semi -automated inspection system that integrates with PAVER using the "frame -based" sampling strategy, which endorsed by the US Army Corps of Engineers and implemented by several agencies across the United States. Dynatest has worked closely with the US Army Corps of Engineers in refining this methodology, and it has been shown — though real-world QC/QA performed by the Department of Defense — to result in PCI values within +/- 5 points of manual surveys. =1.1 Experienced Twining; Staff EJrr PA iTR On average, Dynatest performs between 5 and 8 PAVER training sessions each year. The majority of the training sessions that we provide address both basic and advanced PAVER concepts as well as client - focused needs (e.g., how to generate specific reports to meet agency needs). Dr. Keifer and his colleagues at Dynatest focus on providing practical, real-world PAVER examples during training so that attendees develop an appreciation for how other agencies use PAVER to meet their pavement management needs. 4.2 Sample f'r( jet.°ts Dynatest has performed pavement management implementations and condition surveys for a wide variety of clients throughout the US. These clients include cities, counties, toll authorities, state DOTs, and the Department of Defense. Many of these were implementations and updates of PAVER systems. Some recent references for PAVER projects are shown below. Dynatest North America, Inc. 18 References - Department of Defense (PAVER diweloptrs andsponsors) References - Municipal Public 'Works Departments Salvatore LaMarca (312) 603-1648 PAVER: 1'es Sample Project #3 a Mr. Craig Parks, P.E. (317) 327-2136 . ... .. PAVER: 1'es, Sample Project 97 Dr. M. Y. (Mo) Shahin, P.E. Mr. Florento Lomibao, E.I. Ms. Janelle Murphy, E.I. Creator of PA VER and the PCI Program 11anager Project Engineer (217) 369-0609 (805) 982-1355 (805) 982-1604 ................ ............. 1)!,nocfirin---- -g - a-- -l--g-- b'---alaoI -------- PAVER: PAVER: N'es PAVER: les Sample Project #I Sample Project #2 References - Municipal Public 'Works Departments Salvatore LaMarca (312) 603-1648 PAVER: 1'es Sample Project #3 Mr. Ery Beckert, P.E. (301) 883-5730 ... . ....... . . PAVER: Yes Sample Project #4 Mr. Craig Parks, P.E. (317) 327-2136 . ... .. PAVER: 1'es, Sample Project 97 Cit,, of 1 Unfillon. 011 City of 011 Mr. Patrick Yingling, P.E. Mr. Jeffrey F. DuVal Ms. Patricia Moehring (513) 785-7280 (703) 746-4103 (513) 228-3242 ................ 1)!,nocfirin---- -g - a-- -l--g-- b'---alaoI -------- PAVER: N es PAVER: 1'e, PAVER: Nes Sample Project #6 City as " idlila Falls,T\ Bismard-NLmdan "OH). .D D Cii% of Frkco, I\ Ms. Teresa Rose, P.E. Mr. Steve Saunders, P.E. Mr. Gary Hartwell, P.E. (940) 761-7477 (701) 355-1848 (972) 292-5810 PAVER: N es PAVER: N'es PAVER: 1"e.,, Sample Project #5 The following project descriptions provide more information on some of these. Dynatest North America, fnc. 19 dt Sample Project --#]: PAVffR 1`mplernentadon and .PCI Srrrvevly (USA CE) Description In this ongoing project, Dynatest North America Inc. in association with UrbanGIS, were awarded a long term contarct by the US Army Corps of Engineers (USACE) to provide pavement management and inspection services at designated Army, Air Force, Navy and Marine bases across the continental USA. The scope of work for these projects typically includes the following: ■ Review and evaluate the pavement inventory at each installation ■ Update or create the installation's PAVER database ® Collect Pavement Condition Index (PCI), IRI and RN data at each installation including: o Semi -automated PCI surveys on all roads including roughness (IRI and RN) and rutting o Manual/walking PCI surveys on all parking lots • Analyze and interpret collected PCI, IRI and RN data ® Perform data quality assurance for each installation ® Provide pavement condition survey analysis Technical Report for each installation. In addition to the PAVER database implementation and update tasks, Dynatest is tasked with all the semi -automated pavement condition survyes. The following installations have been included as part of this project: Fort Riley, KS Fort McCoy, WI Fort Campbell, KY Fort Dix, NJ Fort Carson, CO Army Research Laboratory, MD Patrick AFB, FL Cape Canaveral AFS, FL McGuire AFB, NJ Charleston AFB, SC Tyndall AFB, FL Niagra Falls ARS, NY Laughlin AFB, TX Lakehurst NAS, NJ Charleston, NWS, SC NAVFAC — 12 installations Marines — 3 installations Dynatest Key Team Members Kurt A. Keifer, Ph.D., P.E. — Project Manager [Ell Performance Period 2012 to Present Dr. M. Y. (Mo) Shahin, PE Program Manager US Army Corps PAVER and PCI Development of Engineers. Client Contact US Army Corps of Engineers, ERDC, CERL 3932 John F. Kennedy Parkway, Suite IOF; Fort Collins, Colorado 80525 (970)377-9474 tikil7�-iit7c'E1.'..:;Iliallilz:tl ti;lt:>:.�.;riTt\ .;;?!! Dynatest North America, Inc. 20 Sample Project #2: Naval Facilliics Command (NA VEAQ EXTYC Description In this ongoing project, Dynatest North America, Inc. in association with RDM Associates, were awarded a long term contaret to provide pavement management and inspection services at more than twenty Navy installations across the continental USA. The scope of work for these projects typically includes the following: • Review and evaluate the pavement inventory at each installation • Update or create the installation's PAVER database • Collect Pavement Condition Index (PCI), IRI and RN data at each installation including: o Semi -automated PCI surveys on all roads including roughness (IRI and RN) and rutting o Manual/walking PCI surveys on all parking lots • Analyze and interpret collected PCI, IRI and RN data ® Perform data quality assurance for each installation • Provide pavement condition survey analysis Technical Report for each installation. In addition to the PAVER database implementation and update tasks, Dynatest is tasked with all the semi -automated pavement condition survyes. The following installations are included as part of this project: MCAS Yuma, AZ MCLB Barsow, CA MCAS 29 Palms, CA NWS Charleston, SC MCLB Albany, GA NAS Whidbey Island, WA NAS Oceana, VA NAVMEDCEN Portsmouth, VA NSA Midsouth, TN NWS Seal Beach, CA SUBASE Kings Bay, GA SUBASE New London, CT NWS Norfolk, VA NWS Yorktown, VA NSA South Patomac, VA NSA Crane, IN NWS Earle, NJ NWB Kitsap, WA NAVSUACT Mechanicsburg, PA NAVSUPACT Panama City, FL NAVSUPACT Annapolis, MD NAVSUPACT Bethesda, MD NAVSUPACT Washington, DC NAVSTA Guantanamo Bay Dynatest Key Team Members Salil V. Gokhale, P.E. — Project Manager Kurt A. Keifer, Ph.D., P.E. —Technical Advisor Performance Period November 2011 to Present Mr. Floreto Lomibao, P.E. NAVFAC EXWC Client Conact: 1100 23`x' Avenue Port Hueneme, CA 93043 (805) 982-1355 Dynatest North America, Inc. 21 Dynatest successfully completed data collection and PCI evaluation in September 2015. A PAVER training sessions was conducted for the County engineering personnel in December 2015. Dynatest had been awarded a contract for inspecting the County's pavements in 2010 as well. Dynatest Key Team Members Kurt A. Keifer, Ph.D., P.E. — Project Manager Salil V. Gokhale, P.E. — Senior Engineer Sample Project All Cook Cowity, Ifflitol (1500 tniles) Description Mr. Salvatore LaMarca In this ongoing project, Dynatest North America in association with Urban GIS, were contracted to provide pavement 69 West Washington Street engineering and management services to the Cook County " Highway Department for approximately 1500 miles (550 centerline miles) of County -managed roads. In this heavy traffic, I ` 14 high speed, urban area, manual foot -on -ground surveys were not i*' deemed safe and feasible, and therefore Cook County decided to go with a semi -automated survey option. Dynatest deployed one of its state-of-the-art Pavement Condition Survey System (PCSS) vehicles for this project. The PCSS vehicle had a laser line -scan pavement imaging system, a high-definition Right -of -Way _$ camera, inertial measurement unit (for highway geometries) and a 7 -point laser profiler for measurement of pavement roughness and rutting. The scope of this project included the following: I . Create an inventory of the County's streets 2. Conduct pavement distress surveys using automated methods 3. Customize and implement a pavement management system 4. Integrate results into the County's GIS system 5. Conduct non-destructive deflection testing (FWD testing) on select roadways to determine structural properties 6. Develop comprehensive resurface and reconstruction programs 7. Provide on-site pavement management training 8. Prepare a "State of the Streets" report. Dynatest successfully completed data collection and PCI evaluation in September 2015. A PAVER training sessions was conducted for the County engineering personnel in December 2015. Dynatest had been awarded a contract for inspecting the County's pavements in 2010 as well. Dynatest Key Team Members Kurt A. Keifer, Ph.D., P.E. — Project Manager Salil V. Gokhale, P.E. — Senior Engineer k Performance Period July 2015 to Present Mr. Salvatore LaMarca Cook County Highway Department 69 West Washington Street Client Contact Chicago, IL 60602 (312) 603-168q48 Dynatest North America, Inc. 22 Sample Prgject IN: I''rince, G eor,e's CrrtrqI,, rlfa j:land (1,300 rralles) Description Dynatest North America — in association with JMT Technology Group — performed a PAVER implementation for Prince George's County, Maryland. Dynatest North America created a PAVER database for the County and worked with JMT to link the PAVER database to the County's GIS system. Dynatest North America performed a semi -automated Pavement Condition Index (PCI) survey on 1,800 lane miles of roadway pavements and entered the collected data in the County's PAVER database. In addition, high definition right of way images, pavement geometries, pavement roughness data were also collected. Dynatest North America then worked with the County to develop a'State of the Streets' report and a list of candidate projects for Federal stimulus funding. The scope of this project included the following: PmAminury Paw?,-tW C nndM6, Ind.x 5409 (( fi '.11 IV f" I, 1. Create an inventory of the County's streets 2. Conduct pavement distress surveys using semi -automated methods 3. Customize and implement a pavement management system 4. Integrate results into the County's GIS system 5. Develop comprehensive resurface and reconstruction programs 6. Provide on-site pavement management training 7. Prepare a "State of the Streets" report. The benefits of implementing a pavement management system were immediate for the County as they were able to apply for and receive funding from State and Federal stimulus funds. Dynatest and JMT were awarded a new contract in 2013 to perform a second round of pavement inspections (again covering 1,300 miles), update the existing pavement management system, to collect pavement geometry and curb information, and to further develop a customized GIS application for the County. Dynatest Key 'Pearn Members Kurt A. Keifer, Ph.D., P.E. — Project Manager Salil V. Gokhale, P.E. — Senior Engineer go AO Performance Period Phase -1: May September 2009 2008 to Se P Phase -2: April 2013 to January 2014 z Mr. Haitham A. Hijazi, Ph.D., P.E. 71 Client Contact Prince George's County, MD 9400 Peppercorn Drive, Suite 300 Largo, MD 20774 (301) 883-5600 \�fiRYt,r� Dynatest North America, Inc. 23 �Statat le Prt}je t A5: Bistilarck-Alanflan Metropolitan Planning, +erg ani; atio�n, Xorth ikota (800 miles) uescraption In February 2012, the Bismarck -Mandan Metropolitan Planning Organization contracted with Dynatest North America to update the City of Bismarck's existing PAVER database and implement PAVER for the City of Mandan. Dynatest performed a semi -automated, network -level r Pavement Condition Index (PCI) on both Cities' roadway networks. Based on the results of the PCI survey, Dynatest developed multi-year pavement maintenance and rehabilitation (M&R) recommendations for both Cities and presented the results to the Cities' commissioners as well as ~° the MPO. The scope of this project included the following: ® Performing a semi -automated PCI distress rating on 800 miles of streets in both cities ® Review the City of Bismarck's PAVER database and update inventory as necessary • Implement PAVER for the City of Mandan ® Validate and import inventory and pavement condition data into both PAVER databases ® Provide the MPO with PAVER Training ® Develop multi-year pavement M&R plans for both cities ® Presented the project results to the City Commissioners of both cities and the MPO Council The project was successfully completed in December 2012. Dynatest Key Team Members Kurt A. Keifer, Ph.D., P.E. — Project Manager Salil V. Gokhale, P.E. — Senior Engineer Bismarch4fandan Performance Period February 2012 to December 2012 Mr. Steve Saunders, P.E. Bismarck -Mandan MPO Client Contact 221 North 5" Street Bismarck, ND 58501 (701)355-1848 Dynatest North America, Inc. 24 anyyle Project #i6: City of ff rniltorr, Ohio ('260 rtr lac ) Description Dynatest was awarded a contract by the City of Hamilton, Ohio, to provide pavement engineering and management services. The City of Hamilton manages approximately 260 centerline miles of roads. Dynatest's field survey crews successfully completed the pavement condition surveys two (2) months after the contract was awarded. During the field surveys, Dynatest engineers also trained City staff in the PCI methodology which enabled them to get a "hands-on" feel for the process. Dynatest implemented a customized PAVER database and software application, and has conducted two separate classroom training sessions for City staff. Through an analysis of the City's existing pavement conditions, Dynatest was able to assist the City in developing its resurfacing and reconstruction program. The scope of this project included the following: • Create an inventory of the City's Streets ■ Evaluate the condition of City's streets using the PCI methodology • Customize and implement a pavement management system (PAVER) • Interface pavement conditions with the City's GIS system ■ Prioritize streets in the City's resurfacing and reconstruction program • Provide on-site PAVER training to City personnel so that they are proficient with the software The project was successfully completed in 2012 and a follow-on update was performed in 2014. Dynatest Key 'Ceara Members Kurt A. Keifer, Ph.D., P.E. —Project Manager Salit V. Gokhale, P.E. — Senior Engineer Performance Period 2012, 2014 Mr. Patrick Yingling, PE City Engineer Department of Public Works Client Contact One Renaissance Center 345 High Street, 5th Floor Hamilton, Ohio 45011 (513)785-7280 Dynatest North America, Inc. 25 Sample Prq ecrt 47: City r?f Indianapolis, hialican a (3,200 iviles) Description In 2012, Dynatest (along with Woolpert Inc., V.S. Engineering, and D.B_ Engineering) implemented a PAVER pavement management system for the City of Indianapolis, Indiana, and also provided pavement engineering and asset management services. The semi -automated PCI surveys were conducted with the Dynatest Multi Function Vehicle (MFV) vehicle, which is equipped with a laser line -scan pavement imaging system, high-definition Right of Way (ROW) cameras, inertial measurement unit (for highway geometries), and a seven (7) laser profiler for measurement of pavement roughness and rutting. Dynatest's scope of work included the following tasks: I. Review the City's streets inventory. 2. Migrate data from City's existing InfraPAVE pavement management system to PAVER. 3. Conduct pavement distress surveys using semi -automated methods on more than 2,200 miles including arterial roadways and residential streets. 4. Conduct pavement profile measurements (IRI and rutting) on the City's arterial and primary roadways on more than 1,000 miles. 5. Integrate results into the County's GIS system. 6. Provide on-site pavement management training. All tasks of this project were successfully completed in December 2013. A PAVER training course was conducted in May 2014 for the City staff. Dynatest Key Team Members Kurt A. Keifer, Ph.D., P.E. — Project Manager Performance Period 2012-2014 Mr. Craig Parks, P.E. Deputy Program Manager Public Works Department Client Contact 1200 S. Madison Ave., Suite 200 Indianapolis, IN 46225 Tel: 317.327.2136 W E:itki. [*it;Iati<f i7iili .'-S<+b Dynatest North America, Inc. 26 APPENDIX - RESUMES KEY STAFF Dynatest North America, Inc. 27 KURT A. KEIFER, PH.D., P.E. EXECUTIVE VICE PRESIDENT /SENIOR PROJECT ENGINEER Em t'm €oN Ph.D., Civil Engineering; University of Illinois at Urbana -Champaign M.S., Civil Engineering; University of Illinois at Urbana -Champaign B.S., Civil Engineering; University of Illinois at Urbana -Champaign Professional Engineer; Illinois, Number 062-060370 Professional Engineer; Maryland, Number 41618 :' w.kizns 2010 Young Engineer; University of Illinois Alumni Association ExPI RIENC E SUM VIARY Dr. Keifer has more than 15 years of experience with pavement management systems and the PAVER system, in particular. Dr. Keifer was employed by the US Army Corps of Engineers, Construction Engineering Research Laboratory (USA-CERL) for eight years where he worked on PAVER development. In addition to PAVER development, Dr. Keifer was responsible for managing pavement management system implementations at US Army, Air Force, and Navy installations. Dr. Keifer has coordinated and executed hundreds of pavement condition surveys and has implemented pavement management systems for various agencies around the world. Dr. Keifer is a recognized pavement management expert and is an instructor for both the University of Illinois' and USA-CERL's pavement management short courses. SIGNIFICANT PROJECT -.F2 ELATEI) EXPERIENCE P,k1 i.:tll,.i'r lJvLk\., f(l t{!?x'r Sl'5'1'vlf 11li�t.l•:�It; '1':il'It1 5 :k\i3 l':k4'I:.\l1:N'i' C0NDITI N SUIZVI.:�'S; Dr. Keifer has served as Project Manager/Engineer on the following projects within the last six years: Prince George's County, Maryland; Cook County, Illinois; Bismarck -Mandan MPO, North Dakota; City of Indianapolis, Indiana; City of Wichita Falls, Texas; City of Frisco, Texas; City of Hamilton, Ohio; to name a few. He has also directed PAVER implementations and PCI inspections for many Department of Defense installations, including: US Army Reserve 77th Regional Readiness Command (a total of 22 installations); Adelphi Army Research Laboratory; Fort Benning; Fort Bragg; Fort Campbell; Fort McCoy; Fort Riley; Buckley AFB, Cape Canaveral AFS, Cheyenne Mountain AFB, Patrick AFB, Davis-Monthan AFB, Dyess AFB, Holloman AFB, Langley AFB, Minot AFB, Mountain Home AFB, Moody AFB, Ramstein AFB, Schriever AFB, Sembach AFB, Seymour Johnson AFB, Vogelweh AFB; Camp Pendleton, Patuxent River Naval Air Station, Indian Head Naval Surface Weapons Center, Naval Surface Warfare Center, Washington Navy Yard, US Naval Observatory, Anacostia (former Naval Air Station), Naval Surface Warfare Center, and Webster Field Annex. PROFESSIONAL AFFILIATIONS Member, Federal Highway Administration (FHWA) TPF -5(299) Committee Member, American Society of Civil Engineers (ASCE) Member, American Public Works Administration (APWA) Member, Transportation Research Board (TRB) Dynatest North America, Inc. SALIL V. GOKHALE, P.E. SENIOR PROJECT ENGINEER Enc Post -Baccalaureate Certificate in GIS, Pennsylvania State University M.S., Civil Engineering; Pennsylvania State University B.S., Civil Engineering; Govt. College of Engineering, Pune, India Lic:i•:.si•: Professional Engineer; Florida, Number 66552 EXPERIENCE SL-i%ItMARY Mr. Gokhale is a licensed engineer with more than 15 years of experience in pavement engineering. He joined Dynatest North America in 2008 and currently serves as a senior engineer and manager based in their Starke, Florida office. Mr. Gokhale oversees a multitude of pavement engineering and consulting projects including pavement management systems implementation, semi -automated pavement condition surveys, non-destructive pavement testing and analysis including Falling Weight Deflectometer (FWD) testing, pavement profile measurements (IRI and rutting) and friction testing (highways and runways). He is heavily involved in software/hardware product development focusing on 2D and 3D pavement imaging, automated pavement distress analysis, GIS data integration and mapping. In addition, he has developed numerous software tools and analyses -processes for effective data collection, validation, analysis and reporting of pavement related data. SIGNIFICANT PROJF,CT-RFLATED EXPERIENCE NC E SvS'rt,:y,I AND PAN"E'NIENT CONDITION StRVE.vs: Mr. Gokhale has served as Project Manager/Engineer on the following projects within the last seven years: Army, Navy and Air Force installations (more than 30 sites), Prince George's County, Maryland; Cook County, Illinois; City of Indianapolis, Indiana; Bismarck -Mandan MPO, North Dakota; Snohomish County, Washington; Haul road evaluation for Enbridge Energy Corporation (5 states in the mid -west); State of Alaska; City of Alexandria, Virginia; City of Frisco, Texas; City of Wichita Falls, Texas; Municipality of Anchorage, Alaska; Matanuska-Susitna Borough, Alaska; State of Alaska; Government of Yukon, Canada; City of Hamilton, Ohio. More than 45,000 miles of roadway pavements (combined) were included in these projects. P:ei,:N-r Ev.: I,L .vi,itl;, ANI# S rttt c' i't it:tl. Tvs'n N(;: Mr. Gokhale has extensive experience with non- destructive pavement testing equipment including the Falling Weight Deflectometer (H/FWD), pavement profilers and friction testing equipment. His recent projects include: Florida Department of Transportation (FWD and profile measurements on more than 7,500 highway miles); State of Wisconsin (friction and texture measurements on more than 3,400 miles); Alaska Parks Highway (FWD testing, evaluation, and overlay design on more than 300 miles); and numerous other FWD testing projects in Florida, Texas, California and Georgia. ROF€:SSIONAI, AFFILIATIONS Member, American Society of Civil Engineers, T&DI Member, Transportation Research Board (Committee AFD20) Member, Indian Roads Congress Vice President, Association of Transportation Professionals of Indian Origin (ATPIO) Dynatest North America, Inc. Mr. Nimmo has more than a decade's experience with GIS and has worked on a wide variety of projects, from analyzing fire station distribution, to designing an online property mapping system, to tracking air pollution, to designing and marketing a street map. He has worked as a consultant to public and private clients, including law firms, political campaigns, and sports leagues. He's been a solo cartographer and has served as a Project Manager in charge of a team of GIS analysts, CAD operators, and programmers. Much of his experience comes from his work in city government in Pittsburgh, PA and Providence, RI. His interest in making the physical environment work well for people is what motivated him to study geography and GIS and later attracted him to work in government. N?s:.MZ GIS Applications/Tools ArcGIS Geodatabase Development Cartography Data Evaluation Needs Assessment Strategic Planning Project Management ESRI certified instructor Other Tools Microsoft Office Suite Adobe Photoshop and Illustrator University of Minnesota, Minneapolis, MN Master of Science in Geography US Army Corps of Engineers, Ft. Carson & Yakima Training Center Installation Pavement Analysis (2016) Urban GIS and its partner firm, Dynatest Consulting, performed pavement condition review for two military installations managed by the Army Corp of Engineers, Fort Carson and the Yakima Training Center. The team tracked project progress with a web -based mapping application. When field work was complete, Urban GIS transferred the Pavement Condition Information (PCI) into a geodatabase and performed analysis of condition variables, creating exhibits that detailed each segment's PCI score. Mr. Chris Nimmo oversaw the Urban GIS project team for the Yakima Training Center pavement analysis, as well as oversaw the exhibit creation and application development throughout the project. City of Naperville Downtown Streetscape Consulting Services (2016) Urban GIS performed GIS services in support of a study that seeks to update and standardize the City of Naperville's streetscape infrastructure. Urban GIS staff developed geodatabases, designed applications and created exhibits for all phases of the study from the existing conditions analysis to the development of new standards. As Project Manager, Mr. Chris Nimmo managed the Urban GIS team, as well as over oversaw the creation of exhibits, and the development of application as a part of the study. University of Oregon, Eugene, OR Illinois DOT ADA Prioritization and Bachelors of Science in Visual Design— Photography and Graphic Design Compliance (2016} The Illinois Department of Transportation hired a team of engineers and infrastructure specialists to identify sites in violation of the Americans with 1143 West Rundell Place Suite 301 Chicago, IL 60607 o:f: t#` Disabilities Act and prioritize remediation. GIS was used to show which sites needed to become compliant immediately, helping the team determine priorities and monitor progress. As the Project Manager and Sr. GIS Analyst, Mr. Chris Nimmo oversaw the Urban GIS project team, as well as provided services including data conversion, geodatabase design and creation, spatial analysis, application design and exhibit creation. Chicago DOT Arterial Street Pavement Condition Assessment Program (2015) Urban GIS played an integral part in implementing a GIS -based citywide arterial street pavement condition assessment program. Services provided included data creation and analysis, supporting documentation and data requirements, converting existing data files, mapping, developing a city-wide route system and linear referencing system (LRS), creating web -based mapping tools, and training City staff on applications developed to support the program. As a key part of the team, Mr. Chris Nimmo provided a variety of services including data conversion, geodatabase design and creation, application design and exhibit creation. Georgia DOT Enterprise Geospatial Development Services (2013) Urban GIS helped to integrate GDOT's geospatial data resources through development and enhancement of data warehouses and management systems, geospatial web portals, and tools such as video log viewers, straight-line diagrams, asset management systems, and HPMS processing systems. Urban GIS provided technical and development services used for the improvement of access, representation, and structure of transportation data. This work included web services, data and system integration, training, technical support, and testing. Providing Application design and geodatabase design, Mr. Chris Nimmo was an instrumental member of the project team to complete the GDOT Geospatial Development. City of Chicago Program Management Analysis (2012) Urban GIS performed a spatial analysis to identify areas where city street, water, and sewer improvement projects overlap. Identifying these hot spots and coordinating improvements prevent streets from being torn apart repeatedly, saving the city millions of dollars. As an instrumental part of the team, Mr. Chris Nimmo was tasked with providing data conversion, spatial analysis and exhibit creation. Cook County Highway Asset Program (2017) As part of a team implementing a GIS -based Highway Asset Management Program, Urban GIS provided the following services: gathering supporting documentation and data requirements, converting data files, conducting field survey work, performing geodatabase design tasks, creating metadata and a data dictionary for all data used, performed QA/QC on project deliverables and trained county staff on the mobile devices utilized in the project. Mr. Chris Nimmo was influential in providing necessary data conversion, geodatabase design and creation, as well as quality assurance and control for the program. 1143 West Rundell Place Suite 3011 Chicago, IL 60607 2 o: i : IO COST PROPOSAL Dynatest's estimate for performing the tasks' described in section 2.0 of the technical proposal is as follows: Task into. Descri tion Cost 1. _ _ _ Project Management i $1,000.0 2. Network Definition --------- $800,0 3. Pavement Condition Survey $9,000.0 _ 4. PAVER GES Update $500.0 5. PAVER Anal sis and Pavement Management Plan $4,490.0 6. PAVER Training $3,200.0 7. Final Reports -- --- $5,000.0 8.Quality Assurance and Quality Control $ t,000.0 Total $24,990.0 Qynatest North Arnei-ica, Inc. MUST BE RETURNED WITH BID MUST BE RETURNED WITH PROPOSAL IN A SEPARATE SEALED ENVELOPE One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5.0. Print/Type Company Name Here: DYNATEST NORTH AMERICA, INC. Estimated 165 miles of Roads to be included in the survey List of all roads to be surveyed is available upon request Total Price $ 24,990.00 Authorized Si( 0aie--01/2212016-- Printrrype Name JKJJT A. Print/Type Company Name Here DYNfATEST iTOPTH AMERICA, '--,NC. EXHIBIT "C" [RESERVED] STATE OF I I I.S EXHIBIT "D" COUNTY OF _PooK 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, Georgia 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. § 13-10-9l(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 5-:5-72,,-5 Federal Work Authorization User Identification Number ll42 Date of Authorization Dynatest North America. Inc. Name of Contractor City -Wide Pavement Condition Survey Agreement Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on i "'CAN , 20I � in L (state). XnatureqfAC6orized Officer or Agent Leger A 119IF6 i2- igr- VP Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE�"1 *"DAY OF ' 20J.--� NOTARI PUBLIC [NOTARY SEAL]ELIZABETH VILLA OFFICIAL SEAL Notary Public, State of Illinois My Commission Expites 0Ck s May 08, 2017 My Commission Expires: STATE OF J� 10I n01 S COUNTY OF ( ()Vk' EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Dynatest North America, Inc. on behalf of the City of Milton, Georgia 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: Federal Work Authorization User Identification Number of 41 _2 y 1 LP Date of AJthorization ay- b Gyi 11 , D)c_ . Name of Contractor City -Wide Pavement Condition Survey Agreement Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _d�t, 201(e in Ima 0 (city), (state). k� `.d Signature of Authorized Officer or Agent �A ei-ptI eck,- U S Q"EO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ��"` DAY OF NOTARY P-" BLIC- ELIZABETH VMA OFFICIAL SEAL Notary Public, state of Illinois [NOTARY SEAL] ? My Commission Expires May 08, 2017 My Commission Expires: EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: See personnel listed in Exhibit "B". HOME OF'THE BEST (DUALITY OF LIO EO� MILT ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June13, 016 ager FROM: Steven Krokoff, Interim City Man AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for Sod Installation at Fire Stations 41 & 43. MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (^PPRO VED / J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: U-fES (J NO CITY ATTORNEY REVIEW REQUIRED: (yYES (J NO APPROVAL BY CITY ATTORNEY: (, KPPROVED / J NOT APPROVED PLACED ON AGENDA FOR: x/ 71 REMARKS: © * Youllm PHONE: 678.242.25001 FAX: 678.242.2499 ® 'Green • *�cwaa* PYA= IMofti ofmliton a.us www.c wnnue Communii�, Ctyid tY 9 I ltyofmllronga.ua 1� „�� 1 0, 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 - __^^^•� aaa.= e To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on June 10, 2016 for the June 20 2016 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape Inc. for Sod installation at Fire Stations 41& 43. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In accordance with the city procurement procedures the project was advertised and the city received sealed bids from qualified contractors. Ed Castro Inc. was the lowest qualified bidder. Staff is recommending approval of the Construction Services Agreement with Ed Castro Landscape Inc. in the amount of $30,008.00. Bid Summary: Firm Bid Ed Castro Landscape $ 30,008.00 Seasons Landscapes $ 32,000.00 Tri Scapes Inc. $ 45,961.90 Funding and Fiscal Impact: Funding for this project is available in the Grounds Repair and Maintenance budget. Alternatives: There are no alternatives to this project. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (6/2/2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Construction Services Agreement !�3MEt?F' I I T 0 N t)rAMISI L.)276 CONSTRUCTION SERVICES AGREEMENT Landscape Installation for Fire Stations 41 & 43 This Construction Services Agreement (the "Agreement") is made and entered into this �l day of Q V , 2016 (the "Effective Date"), by and between the CITY 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 Ed Castro Landscape, Inc., a Georgia corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the installation of a Project, as defined below; and WHEREAS, the City solicited bids for installation of the Project pursuant to the Request for Bids dated March 9th , 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-PW07 to 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 successful 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 April 7t", 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.2"; E. Noncollusion 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 J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; 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 below), other written amendments, and other documents amending, modifying, or 2 supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Proiect Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: Landscape installation services provided for Fire Stations 41 & 43. Consists of removal of existing sod, light grading, and placing new sod at these fire stations (the "Project"). A third - party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if' applicable]. The Project has been designed by N/A (hereinafter referred to as the "Architect"). The Architect 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. (ii) En ig neer [if applicable]. The Project has been designed by N/A (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: N/A Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") consists of the sod installation work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work shall not include landscape maintenance sections (Sections 4-7) of the Scope of Work. 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. 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 Samples. 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 11 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 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 _June 30th , 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 fiscal 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 at the end of the City's fiscal year (September 30) each year of 5 the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal 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 fiscal 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 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 N/A and 00/100 Dollars ($ 00.00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Com lep tion. 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 the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. 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 $_30,008_.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a flat fee 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. Change 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. 7 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 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 anX 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. (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 in entering 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. 0 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 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 10 studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating constiuction 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 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 11 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 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 ofpersons 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 Inspections. 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 12 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 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. 1. 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 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. 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 13 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 appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. 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. ?.eA-h � !�m Qn I\ S E RT \.-\ M F 01 CO\TR,-\C-FOR'S REPRESFNTA 1 I\ I 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 14 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. 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. 15 (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. (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 be 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 16 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 Risklnszrrance: 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 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. (f) Commercial Umbrella Liability Coverage: $_N/A ( )per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (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 Liability and 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 17 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- 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) 18 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 oflndemnification 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. (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. 19 (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) Progress 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 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 Bar 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.1", and 20 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 (IRCA), 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 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 Il ( Rh APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. 21 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: (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 22 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. 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, 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 reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. 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 23 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 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. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on 24 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 Proiect 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 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 _l_ 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 25 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. 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. 26 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) 27 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. 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. 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 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 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 Matthew Fallstrom for the City and � l 6 arm on for the Contractor. (2) Official 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 W NOTICE TO CONTRACTOR shall be sent to: Ed Castro Landscape Inc., Attn: Beth Garmon 1125 Old Ellis Rd. Roswell. GA. 30076 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 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. 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, bio; 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. 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. 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. 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 CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Ed Castro Landscape, Inc. By: Print Name: — C Its: CIRCLE ONE resident/Vice President Co oration General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Print Name: Its: ((Assistant) Cori WN L� Secretary if co orati "EXHIBIT A" Request for Bids HOMF OF ' IV! ILI LJ IAli LIN 11 LU 2006 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 16-PW07 Fire Station Landscape Improvements Due Date and Time: City of Milton April 7, 2016 Number of Pages: 59 Local Time: 2:00pm 13000 Deerfield Pkwy ISSUING DEPARTMENT INFORMATION Issue Date: March 9, 2016 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107F Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 16-PW07 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 at 5:00 pm Email questions to Honor Motes at honor. motesfa citho niltonga.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 Table of Contents Topic Pate Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 InsuranceBond Requirements 6 Bid Form and Addenda Acknowledgement 9 List of Subcontractors 11 Contractor Affidavit and Agreement (eVerify) 12 Bid Schedule 13 Disclosure Form 16 Qualifications Signature and Certification 17 Corporate Certification 17 Supplemental Unit Price Schedule (2 pages) 18 EPD Air Quality Rules 20 Project Specifications 21 Schedule of Events 34 Sample Contract Agreement 35 M DEFINITIONS COMPW: City of Milton Public Works Department 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 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 HOME OF ' 1 ---,TON ESTABLISHED 2006 CITY OF MILTON Invitation to Bid 16-PW07 The City of Milton is accepting sealed bids from qualified firms for the Fire Station Landscape Improvements Project for the Public Works Department in conformance with Title 36, Chapter 91 of the Official Code of Georgia Annotated. All work will be done in accordance with the specifications in this document 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 April 7, 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 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (16-PW07) 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 hoirnr.niotes(a�c'itpofiniltonga.rrs. Deadline for questions March 24, 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 30, 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-PW07) and bid name (Fire Station Landscape Improvements) 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 thirty (30) 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. BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 9-10 3 List of Subcontractors 11 4 Contractor Affidavit and Agreement (eVerify) 12 5 Bid Schedule (3 pages) 13-14-15 6 Disclosure Form 16 7 Supplemental Unit Price Schedule (2 pages) 18-19 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 Fire Station Landscape Improvements, 16-PW07. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. 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. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liabilijy Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than ANI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pam: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 16-PW07 Fire Station Landscape Improvements The Bidder has carefiilly examined and filly 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. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 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, or famish 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 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) [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company N M EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-9I. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project 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_. City of Milton NOTARY PUBLIC Name of Public Employer [NOTARY SEAL] I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). 12 My Commission Expires: [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE This job is being bid as a lump sum project. Any quantities that are provided are for informational purposes only. The contractor is responsible for determining all quantities necessary to complete the project. Unit pricing required on the Supplemental Unit Price Schedule will only be used in the case of additions or subtractions to the project. (Signature) (Printed Name) 13 Total Bid Price $ Print Total Bid Price Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set 14 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 15 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: IRA [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 Date Print/Type Name, Print/Type Company Name Here I, Contractor in the foregoing bid; that CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as 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 day of (Seal) 17 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. Any quantities that are provided are for informational purposes only. Quantities listed are estimated amounts for each Fire Station. 18 ............................. .................. ..................................... ......... . X . -:-:.X.: ............ -X ................ .. .. ... ....... A: Mi";6T'*.-. .................. .................... . Mow, Trim, Edge Blowing of Turf Maintenance EA 30 Hardscape and Grounds Turf Maintenance Pre -Emergent Weed Control EA 2 Turf Maintenance Post -Emergent Weed Control EA 2 Turf Maintenance Insect Control/ Disease Control EA As Needed Turf Maintenance Core Aeration EA I Turf Maintenance Fertilization EA 4 Shrub & Bed Seasonal Pruning EA 3 Maintenance Shrub & Bed Weed and Remove Debris and Trash EA 30 Maintenance Shrub & Bed Edge EA As Needed Maintenance Shrub & Bed Pre -Emergent Weed Control EA I Maintenance Shrub & Bed Post -Emergent Weed Control EA 2 Maintenance Shrub & Bed Insect Control/ Disease Control EA As Needed Maintenance Shrub & Bed Maintenance Brown Hardwood Mulch EA As Needed Shrub & Bed Maintenance Pine Straw EA As Needed General Stump Grinding (Hourly) HR I Maintenance General New Shrub Installation (Hourly) HR I Maintenance General Maintenance Tree Removal (Hourly) HR I General MaintenanceEA Now Tree Installation 3 Gal I General I MaintenanceEA Now Tree Installation 7 Gal General Now Bad Installation (Hourly) HR I Maintenance General Bed Shrubs Removal (Hourly) HR I Maintenance General I Annual Color Installation (Hourly) I HR Maintenance at ce to Om ***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 20 PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids for the Fire Station Landscape Improvements Project. 750 Hickory Flat Rd 4 •-aFa IPEt� • ■ _ �� _5 21 12670 Arnold Mill Road: Ir �'t ` y.AR+xo LOLL Re I Provide and furnish all labor, materials and equipment required or inferred from Drawings and Specifications to complete the Work. The construction and placement of the sod shall be sequenced in such a manner as to allow proper root growth and establishment prior to the completion of the project and acceptance by the Owner. All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 22 1. GENERAL SOD INSTALLATION 1.1 Scope 1. Extent of Landscape Work is indicated in the Specifications and Schedules. 2. Provide and furnish all labor, materials and equipment required or inferred from Specifications to complete the Work of this Section. 3. The construction and placement of the sod shall be sequenced in such a manner as to allow proper root growth and establishment prior to the completion of the project and acceptance by the Owner. 1.2 Qualifications and Materials 1. The Contractor shall have minimum two years successful experience in commercial or municipal landscape installation and maintenance. Contractor shall furnish all materials and perform all work in accordance with these Specifications, and instructions provided by the Owner's Representative. The work shall include everything required by the Specifications and everything to which in the judgment of the Owner's Representative is incidental or required by the Specifications. Workmanship and materials shall be of the best quality and shall be in strict accordance with the intention of the Specifications. 2. The Contractor shall cooperate with the Owner's Representative so that no error or discrepancy in the Specifications shall cause defective or inappropriate materials to be used or poor workmanship to be allowed and so that the work may proceed in the most efficient and effective manner. 1.3 Weather and Material Quality Control 1. Sod shall be placed only during weather conditions favorable to landscape construction and to the health and welfare of the sod. 2. Onsite Topsoil Sample: Submit 1 quart container of topsoil proposed for use. 3. Import Soil Mix Sample: Submit 1 quart container of proposed imported topsoil that is being imported as a component of the sports field soil mix. 4. Soil Report: Submit results of laboratory soil tests of onsite soil and proposed topsoil for soil mix. 5. Fertilizer Analysis: (to be used in soil mix and on lawn areas) Submit label or technical data for fertilizer bearing the trade name, manufacturer's name, weight and analysis. 6. Certification: Prior to acceptance of sod material, submit certificates of inspection as required by governmental authorities, and manufacturer's or vendors certified analysis for soil amendments and fertilizer materials. Submit other data substantiating that materials comply with specified requirements. 7. Maintenance Instructions: Upon completion of the installation, submit typewritten recommendations for maintenance of any portion of the landscape which, in the opinion of the Contractor, requires special attention 1.4 Quality of Sod Sod shall be free of disease, insect pests, eggs or larvae. 1.5 Maintenance All planting shall be protected and maintained by the Contractor until time of final acceptance as defined in the guarantee. Maintenance shall include but is not limited to watering, weeding, 23 cultivating, removal of dead material, lawn mowing, fertilizing, and other necessary operations 1.6 Sod Guarantee All sod shall be guaranteed to be alive and healthy one year after the date of final acceptance. The Contractor is responsible for providing adequate maintenance for one year. After a 90 day period any signs that the sod is not showing new growth or has died it shall be replaced. 1.7 Final Grading and Cleanup After all work has been completed and all soil settled and final finished grading completed, clean-up and adjustments shall be made to insure proper depth of topsoil, proper drainage, proper grades adjacent to walks and curbs, proper slope of plant beds, etc. Remove any soil, peat moss, mulch or plant materials from walks and paving, leaving the areas broom clean. 1.8 Damaged/Disturbed Areas 1. Plant or grassed areas damaged during the process of work by the contractor shall be called to the attention of the City. 2. Damaged areas will be repaired within a timely period to City satisfaction. 2. PRODUCTS 2.0 General 1. Water: All water necessary for planting and maintenance shall be of satisfactory quality to sustain the growth of sod and shall not contain harmful, natural or manmade elements detrimental to the sod. 2. Lime: Shall be agricultural grade high calcium ground limestone and shall be of such fineness that 90% will pass through a No. 10 sieve and not less than 50% through a No. 50 sieve. 3. Soil Test: Revise fertilizer analysis, quantities of fertilizer and lime as dictated by soil tests made prior to planting. 4. Topsoil: Where required shall be a natural, fertile, friable soil, possessing characteristics of representative productive soils in the vicinity. It shall be obtained from naturally well -drained areas, free from substances harmful to plant growth, and free from clay lumps, stones, stumps, roots, or similar substances one inch or more in size in any direction. The source and material shall be approved by the Owner's Representative before placing on site. Topsoil shall be free from noxious grass and weeds. 5. Soil Mix for Sod: 85% Screened Sand / 15% Screened Topsoil. Provide amended topsoil as recommended by soil analysis. 6. Fertilizer: For grass areas: See planting details for specific requirements. 7. Pre and Post Emergent Herbicide: Contractor to have a licensed herbicide applicator with a minimum three years' experience performing all herbicide applications to lawns, trees and shrubs. Herbicides shall be utilized as necessary to control weeds on new sod areas unless applicable codes or ordinances stipulate otherwise. Contractor is responsible to be familiar with all applicable local, state and federal codes, ordinances and regulations. 8. Quantities necessary to complete the work shown on the drawings shall be furnished. Although quantity estimates have been carefully made, the Owner's Representative assumes no liability for omissions or errors. 9. Sod: All sod for is to be TifwAy 419 Bermuda grass and blue tag certified. Sod shall be a species recommended by an experienced local A.N.A. - certified nursery, grown in a nursery 24 equipped for the production of such sod and capable of meeting the published State Standards for Certification. It shall have been mowed regularly, fertilized and fumigated and shall be free of diseases and harmful insects at the time of delivery. Sod shall be delivered in strips one foot wide and two feet or longer as soil and species permit or in rolls not over six feet long. Sod shall have a minimum of one inch thickness including roots and soil. Sod bearing holes or thinned root pad, i.e. less than 1/2" shall be rejected. Sod shall be free of weeds, nut grass, crab grass and other invasive plants. 3. EXECUTION 3.1 Grassing General: Includes soil preparation, applying fertilizer, planting and maintenance as required to produce an acceptable stand of grass. 1. Any damage to planting soil by erosion, construction equipment, construction operations, or other damage shall be repaired prior to application of fertilizer. Finished surface shall be smooth and even. 2. Irrigation system shall be reviewed and approved by City prior to laying sod. 3.2 Soil Preparation: After the area to be grassed has been leveled and brought to finished grade, prepare the soil by thoroughly loosening the area by plowing, disking, harrowing, or scarifying until these areas are friable, well pulverized and acceptable to the Owner's Representative. Add 1" of Owner approved topsoil. Any irregularities in the surface resulting from the above operation or from other operations by the Contractor shall be smoothed out before any subsequent operations are begun. All roots and stones larger than 1" in any dimension, stumps and other foreign material detrimental to final grading, proper bonding, the rise of capillary moisture, or the proper growth of the desired plantings shall be removed. 1. Spread lime and fertilizer over the prepared surface before turning. Fertilizer and lime shall be sufficient to correct irregularities in the soil based on soil tests for the specified turf. Turn the soil one last time the day before planting or placing sod. 2. Watering, fertilizing and rolling shall be done by the Contractor as described under "Maintenance of Sodded Areas" below. 3. Contractor shall perform "Grow -In" activity (weed control, fertilizing, watering & mowing) throughout the contract period and at a minimum, shall include 6 weeks of "Grow -In" activity and monitoring, after initial laying of sod. Grow -in activity per sports turf manufacturer recommendations. Provide written grow -in and normal maintenance instructions to owners representative. Grow in activity shall continue until final acceptance by the owner. 3.3 Maintenance of Sodded Areas: The Contractor shall be responsible for maintaining sodded areas by properly watering, weeding and mowing the grass until an acceptable stand has been produced, and been accepted by the Owner. 1. A stand shall be considered acceptable when 95% of the total sodded area has been covered with grass and no bare areas greater than one 6" square exist. All cracks, joints, dips, pits and other irregularities in the surface must have been corrected by top dressing with sand. 2. The Contractor shall be responsible for resodding all bare areas greater than one 6" square with the specified mixture and for repairing and resodding wash -outs and eroded areas to the original finished grade. 25 3. Sodded areas shall be mowed when the grass attains a height of 2 inches and as required thereafter until the acceptance of the stand. Turf shall not be accepted until all sod has knitted together and tacked to the soil. 4. All lawn areas shall be given a top dressing of fertilizer to provide 100 pounds available nitrogen per acre when the grass has attained a satisfactory growth and the first mowing has been performed. Nitrogen shall be derived from Ammonium Nitrate or Nitrate of Soda. 4. GENERAL TURF MAINTENANCE 4.1 Turf Mowing Lawns shall be mowed at the appropriate height to keep a neat appearance. Considering the topography, the Contractor is required to use the proper mowing equipment to provide a high quality cut and minimize the occurrence of unnecessary scalping due to uneven terrain. Excessive clippings are to be collected and removed from the job site at the end of each visit. Clippings are not to be left overnight for removal the following day. The use of bagging attachments is recommended but not required. Permanent fixtures in the turf areas are to be trimmed with weed -eaters to avoid unsightly growth at the base. Care is to be taken at all times when operating around fixtures to prevent damage to them. 4.2 Turf Edging Edging and trimming along curbs, walks, bed edges and tree rings shall be done to keep a neat appearance. All hard edges shall be mechanically edged once per month during the growing season. Mow strips shall be treated with a non-selective herbicide as needed. Turf along curbs and sidewalks that cannot be addressed with routine edging operations due to broken curbs or uneven borders are to be treated chemically and/or physically removed with a spade. Edging that cannot be addressed during regular visits, due to vehicle obstructions, is to be discussed with the owner to achieve a solution. 4.3 Turf Fertilization & Weed Control Well-balanced fertilizer shall be used to maintain a healthy green color and shall be applied based upon Contractor's knowledge and needs of the area. All lawn areas shall be treated with crabgrass prevention and broadleaf weed control products as necessary. 4.4 Trash and Debris Removal During routine maintenance visits the Contractor is responsible for removing trash and debris from the property. 4.5 Aerating Aerating turf is required a minimum once per year. Use equipment with hollow tines that removes a soil core. Aeration activities shall be scheduled to coincide with active growth period of the turf species, avoid hot weather conditions, and avoid peak time of crabgrass and other weed seed germination. 4.6 Landscape Services Curbs, sidewalks, etc., are to be cleaned with mechanical blowers and/or brooms to maintain a neat appearance. Heavy accumulations of sand, gravel, leaves, etc., are to be removed with a shovel and brooms if blowers provide unsatisfactory results. 26 5. TREE AND SHRUB MAINTENANCE 5.1 Pruning All plant and tree material is to be pruned in a manner to provide a neat natural appearance. Limbs that obstruct buildings, walkways or vehicular traffic shall be removed. Shearing and selective pruning techniques are Ieft to the discretion of the Contractor. Shrubs shall be pruned to retain their natural shape, to promote bloom, and to meet accepted horticultural practices. Growth shall be kept from encroaching on signs, walkways, driveways, and ventilation units. All formal hedges shall be sheared to maintain desired shape and height. Ornamental flowering trees are to be pruned at the proper time of year to encourage maximum flower production. Dead or damaged portions of plants shall be removed whenever possible. All plant material will be fertilized with a balanced slow release fertilizer in the dormant season and supplemented throughout the year as necessary to maintain vigorous healthy plant material. Contractor shall monitor trees and shrubs for signs of disease and insect infestations. If plants are affected appropriate recommendations for treatment shall be submitted to the Owner. When insect and/or disease problems are detected, legally approved chemicals are to be used to treat the problem. Deep cut selective pruning and hard cutbacks will be performed on plant material during winter months, for corrective and restorative purposes. Owner shall be informed before any drastic cutbacks are performed. All mulched shrub beds, maintained natural areas and walking paths, are to be treated with pre -emergence and post -emergence chemicals to control weeds. Weeds more than 2" tall are to be removed by hand and disposed of. Weeds less than 2" tall are to be treated with legally approved post -emergence herbicides. All pruning debris is the responsibility of the Contractor. No debris may be disposed of onsite without the expressed permission of the customer. 5.2 Ground Cover & Beds Open ground between plants shall be kept weed -free using mechanical or chemical methods. All plant material shall be free of insect and disease. At all times public and environmental safety is to be considered when applying pesticides. 5.3 Landscape Services Groundcovers shall be fertilized, with a complete fertilizer, as appropriate and as recommended by the Contactor. Litter and debris shall be removed during maintenance visits in order to ensure a neat appearance. Soil surfaces shall be raked smooth and cultivated regularly. Vines shall be trimmed neatly against supporting structures and kept within bounds. Groundcovers shall be kept trimmed within curbs and along walkways. They shall not be allowed to grow into or through shrubs or other plantings. Sign faces and windows shall be kept clear of encroaching growth. 5.4. Mulching Contractor shall maintain a minimum of 3" of course organic mulch at all times over bare soil areas surrounding shrubs. Mulch shall be applied so that it is below grade (curb, edging, etc.) by half an inch. Some additional grading preparation and grading of areas adjacent to sidewalks or edging, etc. may be required to keep the finish grade of the mulch at an appropriate level. 6. IRRIGATION SERVICES Contractor shall provide expertise and all labor to water all areas as required. Contractor shall inspect, test and insure proper time clock operations. This includes monitoring the irrigation 27 sprinkler system to insure that watering times are properly set, using the least amount of water necessary throughout the year. The controllers shall be programmed according to seasonal requirements and to insure that all sprinkler heads are adjusted properly to maximize effective use of water on landscaping and to minimize overflow of water onto sidewalks, driveways and buildings. The sprinkler system will be checked after each mowing for any damage, damages which occur as a result of the Contractor's own labor, shall be repaired by Contractor at Contractor's expense, within 48 hours. The system shall be thoroughly evaluated at the time that the Contractor begins work on the property. This evaluation, along with cost estimates to bring the system to acceptable working conditions, shall be given in writing to the Owner. The cost of this evaluation shall be included in the Scope of Work, but any necessary repairs shall be at the Owners' expense, if approved. The Contractor shall present repairs and maintenance requirements to the Owner immediately. The Owner agrees to be financially responsible to replace and repair time clocks and related valves in a timely basis. Invoices presented without the proper authorization will not be accepted or paid. Contractor shall at no additional cost, fully cooperate and respond to assist and repair malfunctioning sprinkler systems on a 24 hour basis, seven days a week. Contract also includes a system start-up and winterization. 7. EXTERIOR COLOR MAINTENANCE Spent or dead blooms, including stems, declining foliage and plant debris shall be removed to encourage continued blooming and maintain a neat appearance. Plants shall be fertilized with either a balanced liquid or bloom -inducing fertilizer to promote lushness and colorful displays. 7.1 Landscape Services The Contractor is responsible for monitoring the water needs of all seasonal color beds and coordinating the appropriate irrigation settings. It is the responsibility of the Contractor to arrange for and oversee watering of the planters and un -irrigated beds. Plants shall be monitored for the presence of insects or diseases and shall be treated accordingly. An Integrated Pest Management (IPM) strategy, emphasizing least toxic choices, preventative cultural practices and most effective and cost-efficient results shall be implemented. Plants shall be watered as required to promote optimum growth. Contractor shall make provisions to provide watering services up to two times per week for non -irrigated areas such as containers. If further watering is necessary, Contractor shall notify Owner. Soil shall be cultivated periodically to promote adequate aeration and to counteract the effects of soil compaction. Soil surfaces shall be left smooth to maintain a neat appearance. Litter shall be removed as color is generally in a focal area. Color beds and containers shall not be void of plant material at any time. Should any plant material need to be replaced due to any type of damage a proposal for replacement shall be submitted and approved by the Owner prior to replacement installation. The Owner agrees to be financially responsible to replace plant materials on a timely basis. 7.2 Other Services Spring Clean -Up shall be performed as follows and should be included in the pricing. Spring cleanup shall include, but not be limited to, leaf removal from all beds, turning flower beds as appropriate, remove winter wrapping and remove any sand and gravel from beds and lawns. Fall Clean -Up shall be performed as follows and should be included in the pricing. Fall clean up shall be in late fall after all leaves have fallen from the trees in the area. Work shall include, but not be limited to, leaf removal from all areas of the property, removal of all dead annual, cut back perennial plantings appropriately, wrap trees to prevent sunscald, covering of beds 28 necessary to protect plants, etc. 8. EXTRA WORK New and unforeseen work will be classed as extra work when determined by the City that such work is not covered by these specifications. Upon notification that extra work will be required, the Contractor shall submit an itemized, written cost proposal for such work to the City. The City shall retain the right to reject such cost proposal and perform the extra work with City workers or other contractors. Should the proposal be acceptable to the City, the Contractor shall be advised in writing, and upon receipt of such written notification, shall begin the work within five (5) working days or as agreed to between the Contractor and the City. The Contractor shall do such extra work in accordance with the agreement for extra work and with the provisions of these specifications and shall furnish all labor, materials and equipment. Payment for extra work performed shall be as agreed to by the Contractor and the City. Compensation for material will not Contractor must provide invoice copies to be compensated for material at all times. 9. GENERAL CONDITIONS All work required in this bid is to be completed in a professional manner according to standard industry practices. The contractor's field employees will wear identifiable uniforms and appropriate safety equipment while on the site performing services. Contractor will be responsible for replacing any flowers/shrubbery/trees damaged and/or killed by mowers, edgers, trimmers or pesticide applications. Contractor will keep all mower blades sharp and in good condition at all times during mowing. The grass blades shall be cut sharply and cleanly. Turf shall be cut so that no ridges remain in the finished cut. The direction of mowing shall be alternated to minimize ruts and matting. No dumping of any debris on City property, City dumpsters, or in Park dumpsters/roll offs. Monthly invoice or request for payment from contractor must include a detail report by location to include each date the location was visited and what was completed on each visit, i.e. was park mowed, trimmed, edged, weeded; detail of any chemical application including chemical name and quantity of chemical. SPECIAL PROVISIONS All work associated with this contract shall meet the ANSI standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed in a timely manner. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be 29 considered when awarding this contract. Construction shall begin no later than 10 calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 7:00 am to 7:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Memorial Day and July 4th. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 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 30 that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public.. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the contractor's expense. At no time will contractor remove regulatory signing which may cause a hazard to the public All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and 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. EROSION AND SEDIMENT CONTROL The Contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times. The contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. 31 All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. Provide a single row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable. Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "A", for silt fence fabric Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. Provide a minimum of % inch of mulching, temporary and permanent seeding of all other disturbed areas. SAFETY REQUIREMENTS The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. CODES, PERMITS AND INSPECTIONS The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. 32 The Contractor is responsible for obtaining all required inspections 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. CONTRACT TERM The initial contract term is for a period of one (1) year beginning upon the issuance of a Notice to Proceed by the City and ending December 31, 2016 with an automatic renewal on January 1, 2017. Renewals of the contract beyond the initial contract term, by mutual agreement of both parties, may be made at one (1) -year intervals, or any interval that is advantageous to the City, not to exceed a total of five (5) years. Any escalator in annual maintenance fees proposed by the Contractor will not be considered during the initial term of the contract. Escalators, if proposed, will only be applied at the start of the fiscal year (October 1). 33 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: March 9, 2016 March 24, 2016 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) March 30, 2016 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due APRIL 7, 2016 @ 2:OOPM Bids are due to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite -107F Milton, Ga. 30004 Contract Award (On/about) April 25, 2016 Notice to Proceed Issued (On/about) April 26, 2016 34 Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Agreement (the Agreement') to provide demolition services is made and entered into this _clay of , 2016, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City') and, (hereinafter referred to as the "Contractor'). WITNESSETH.• WHEREAS, the City issued an Invitation to Bid for the Fire Station Sod Landscape Maintenanc; and WHEREAS, based upon Contractor's bid to complete these landscape improvement, as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section I Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Exhibit "A" ITB (25 Pages) C. Bid from Contractor dated April 5th, 2016(10 Pages), attached hereto as Exhibit "B D. Exhibit "C" [RESERVED]; 91M E. Exhibit "D" [RESERVED], F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Exhibit "G" [RESERVED], I. Final Affidavit, attached hereto as Exhibit "H", J The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Descrintion The scope of this project generally consists of the remodeling of City Hall based on ExhibitA and the drawing and Scope of Workprovided in Exhibit B. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work'). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work consists of the removal of all asbestos material, the demolition of the existing house, the removal of all underground gas tanks and septic tanks, and all erosion and sediment control measures. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous itemsnecessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 20 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 36 Section 5 Contractor's Compensation: Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed ,YV= except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractorfrom all subcontractors in accordance with O. C. G.A. § 44-14-366. C. City and Contractor shall comply with the provisions of O. C. G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (9001o) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining 37 incomplete minor items, an amount equal to 200 percent of the value of each item as determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50016) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated 38 by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys'fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment.. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to the City Budget and Procurement Coordinator for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work Payment will be sent to the designated address by U.S. Mail only; payment will not be hand - delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, thefollowing: 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 Chanes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall 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. 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 39 additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50, 000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot pefform 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 40 The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the Cittv Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. K Assignment oAgreement 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. Z ReMonsibilityofContractor andlndemnifcationofCitX The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indenrnify and hold harmless the City, its officers, 41 boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the `City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. 42 Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits oflnsurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1, 000, 000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction ofproperty, 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 43 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 Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1, 000, 000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope ofprotection 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. 44 (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (iv) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(I) of this Agreement. (S) Acce tp ability oflnsurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates 45 of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is latera (9) City as Additional Insured and Loss Pavee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-VerifAffidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City provided forms, attached hereto as Exhibits "E" and Y" (affidavits regarding compliance with the E- Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verb') program, of the social security numbers, or other identi ing 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 46 (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 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 anytime to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O. C. G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 47 Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O. C. G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O. C. G.A. § 13-10- 91, the Contractor will secure from the subcontractor(s) such subcontractor(s indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. NI. Records. Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the 48 City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records ofpersonnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts oflnterest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. D. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses. Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [R&VRVEDI 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 49 partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be pe7formed 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 destroyedbefore final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working day's 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 entfy for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City's Representative Carter Lucas shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative 50 Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representatives) near the completion of the one-year general warranty period to idents any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for workperformed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. 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 51 Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 52 NOTICE TO CONTRACTOR shall be sent to: F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S. C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S. C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in eves y subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 53 SIGNED SEALED AND DELIVERED In the presence of.- Attest: fAttest: Notary Public [NOTARY SEAL] My Commission Expires: SIGNED SEALED AND DELIVERED In the presence of. Witness Notary Public [NOTARYSEAL] My Commission Expires: Click here to enter text. MILTON CITY COUNCIL: Joe Lockwood, ;Mayor 54 [CITY SEAL] EXHIBIT "A" ITB EXHIBIT "B" BID FROM CONTRACTOR EXHIBIT "C" %RESER VEDJ EXHIBIT "D" [RESER VEDI 55 EXHIBIT "E" CONTRACTOR AFFIDA VIT 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 ofsuch 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: I hereby declare under penalty ofperjury that the eVerify Number foregoing is true and correct. Executed on _, 201_ in (city), (state). Date ofAuthorization Signature ofAuthorized Officer or Agent Name of Contractor Name of Project Printed Name and Title ofAuthorized Officer or Agent Citv of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF .201 . NOTARYPUBLIC [NOTARYSEAL] My Commission Expires: 56 EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C. G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with XXXXXXXXXXKV 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 contactor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number I hereby declare under penalty of perjury that the Date ofAuthorization foregoing is true and correct. Executed on _, 201_ in (city), (state). Name of Subcontractor Click here to enter text. Signature ofAuthorized Officer or Agent Name of Project Citv of Milton Printed Name and Title of Authorized Officer or Name of Public Employer Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201—. NOTARYPUBLIC [NO TARYSEA I] My Commission Expires: 57 EXHIBIT "G" %RESER VEDI 58 EXHIBIT "H" FINAL AFFIDA VIT TO CITY OF MILTON, GEORGIA I, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Prime Contractors, Inc. or any of its subcontractors in connection with the construction of the City Hall Renovations for the City have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of_______, 20 who under oath deposes and says that he is of the firm of that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires END SAMPLE CONTRACT 59 "EXHIBIT B" Bid Documents from Contractor —o�,eoF ._ -_ . a CITY OF MILTON MUTO rI EiTA13LISIIED 20ou NVITATION TO BID...:_;_ (THIS IS NOT AN ORDER) Bid Number: 1_Project Name: 16-PW07 Fire Station Landscape Improvements Due Date and Time: April 7, 2016 Local Time: 2:00pm Number of Pages: 59 ISSUING DEPARTMENT INFORMATION Issue Date: March 9, 2016 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107F Milton, Ga. 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmilton2a.us Mark Face of Envelope/Package: Bid Number: 16-PW07 Name of Company or Firm Special Instructions: Deadline for Written Questions March 24, 2016 at 5:00 pm Email questions to Honor Motes at honor.inotes(a cityo}'miltonaa. us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Autho ' teignaZtory: 6A C614rcl L0'y1*':;w�&;A (Please print name and sign in BidderPhone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: ") 32 4,- LAe,4-ro (ES*P—e t..6CC.oNL BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE HOME OF = -_ i N O'c.^F M T ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 1 b-PW07 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor. motes@cityofmiltonaa us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS:oI LN tlAls CITY: �t STATE: ZIP: t�O-76 PHONE: I�i�- ✓�`��"� �- FAX: ]JQ-F91? / .06 EMAIL ADDRESS: .�' 4&4 Signature Date ADDENDUM #1 [TB 16-PW07 Addendum #1 Page 1 of 4 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 16-PW07 Fire Station Landscape Improvements 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 frill conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 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, 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 Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this Q day of , ! , 20—L— Bidder Ca 0 'Vit,�9d�1� . Bidder Mailing Address: Company Name Ca o L-AnjSC-A-PE, loc. A 5 Old r 11le, #2� �Os wed l (51-61 SOO-7b Signature: Print Name: Title:(�c, C��? H [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do >✓ , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the foltowing subcontractors: Company Name: �:Vki2 &C,LIG TU4 �- r/IACAIX eo alevv�,+ 9 EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § I3-10-91. 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. § 13-10-9l(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number -�i 0 Date of Authorization �'�s � ► l�rl CLC,I0c Name of Contractor �7- 1 j fro n Nj�,, am ofProiect 1SGj(��' .ltd SIS City of Milton l [ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. '-Executed on =,,, % �7` 2016 in l��/(city), C (state). per; •L" rLl; 12 .Jt e Authorized Officer or Agent Printe Nam nd i e of Authorized Officer or Agent ° SUBSCRIBED AND SWORN BEFORE ME ON THIS THE &41- DAY OF NO ARY PUBLIC [NOTARY SEAL] My Commission Expires; [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE F So 4?`54iicicrry'FIt R¢a WA (Dollar Amount in Numbers) (Company Name I (Signature) �-10�vva (Printed Name) TicFfeyAq J"LOi�y,.f��I`•n{y�i� �hn3{r 'r`_ j ONE, ..l.3 Yy�6< rn• i:�t�DY-0{�.,t t. �'. GAJ ,.1 .3� �1*,�.i�::, vnh U vo (Dollar Amount in Numbers) (Dollar Amount in Numbers) (Company (Signature) tinted Name) (Company Nam f (Signature) }� sT1 Ci I tCti'li� TicFfeyAq J"LOi�y,.f��I`•n{y�i� �hn3{r 'r`_ j ONE, �r777j�i 41%�" {y�dF.•i< r�` ; c"t .e+YY,<.i./r`... Sx' • YM rv'i •i �i" 'sYp i', % (Dollar Amount in Numbers) (Company (Signature) tinted Name) ITB 16-PV57 Addendum #1 Page 3 of 4 Fire,Statioii 43 `750 Hickory Flat Road • Annual Landscape Maintenance. $ 60 per year (Dollar Amount in Numbers) (Company Name) (Signahrre) ������ (Printed Name) Fire'Stahori:41,12610 tori►old.lYZill;Road•..AuntYal Laridsca .Q Niairiteriance P $ per year (Dollar Amount in Numbers) _ .. . r(Pnrinted �i� �ny Name)re)Away-J CAC Name) Total Bid Price $ � � 065. D° Print Total Bid Price Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set 14 opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY S -h p SCC ! I �C ADDRESS AUTHORI PRINT / TYPE NAME k*10,r TITLE�2�i 15 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder � { d`��'i'a L-eknASC � t �f1 C Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) / List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named,:Milton Official. Amount/Value Descfiption Please list any family mefnber that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: IV [BIDDERS iViUST 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 Sectigns 4�-10-20 et se ve not been violated and will not be violated in any respect. Authorized Signature c Date /7/— Print/Type Name G{ 1+�/�'t i (-' & } �cn, , 'PreS i G{,:f At Print/Type Company Name Here CAC:; C' l 6kt 1 S Cx J Y1C . CORPORATE CERTIFICATE I•-Z`�" certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that ; t,,,� cn-s- whn s;onerl cam bid in behalf of the Contractor, was then (title) Rtw,'s (.�> w✓") 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 6--'V,5 CM 17 ,20/-C 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. Any quantities that are provided are for informational purposes only. Quantities listed are estimated amounts for each Fire Station. 1s U .........................................:.:::....:........... Turf Maintenance Mow, Trim, Edge Blowing of Hardscape and Grounds MA 30 Turf Maintenawe P—Emergent Weed Control EA 2 Turf Maintermswe Post -Emergent Weed Control EA 2 2i D Turf Maintenance Insect ControU Disease Control EA As Needed 5 Turf Maintenance Core Aeration EA Turf Maintenance fetlllzation EA 4 Lt ✓ U� Shrub & Bed Maintenance Seasonal Pruning EA 3 1 i 1T— I i L t(J Shrub & Bed Maintenance Weed and Remove Debris and Trash EA 30 I_ 3 62j l/ — 1' OU - Shrub Shrub & Sed Maintenance Edge EA As Needed Shrub & Bed Maintenance Pre -Emergent Weed Control EA 3 tPi Shrub & Bed Maintenance Post -Emergent Weed Control EA 2 5a I d© Shrub & Bed nte�e Insect Cartrol/ Disease Control EA As Needed Shrub & Bed Maintenance 614r^'n Hardwood Mulch EA As Needed Shrub & Bed Malntes Pine Straw EA As Needed Gero"Im Maintenance Stump Grinding {Hourly) HR 1 ' General Maintenance New Shrub Installation (Hourly) HR 7 j� .• I V General Maintenance Tree Removal (Hourly) HR 7 General Maintenance, Now Tree Installation 3 Gal EA General Maintenance Now Tree Installation 7 Gal G General Maintenance New Bed Installation (Hourly) HR 7 General Maintenance Bed Shrubs Removal (Hourly) HR 1 Ge+ei sV Malntaranca Arrtiani Color Installation (Hourly) HR i U GkvAiOR �( -- I'Zf,-7,, Vv-,Jl 9""�' IV ITT ...... ......... .. -- ---- Turf Maintenance Mow, Trim, Edge Blowing of Hardscape and Grounds EA 30 Turf Maintenance P—En-Vent Wood Control EA 2 Turf Maintenance Post -Emergent Weed Control EA 2 Turf Maintenance Insect Control/ Disease Control EA As Needed Turf Maintenance Core Aeration EA I Bo Turf Maintenance Fertilization FA 4 1D5 +QL Shrub & Bed Madntanarce Seasonal Pruning ZA 3 Shrub & Bed Maintenence Weed and Remove Debris and Trash EA 30 00 Shrub & Red Maintenance Edge EA As Needed Shrub & Bed Maintenance Pr*-EnWrWt Wood Control Control EA EA 1 Shrub & Bed Maintenance Post-R-arvent weed control control EA F 2 DO Shrub & ised Maiinterum-106 Insect Controu Disease control ont" EA ' As Needed Shrub &-id Maintenance 8— Hardwood Mulch U As Needed qD Shrub & Bed Maintenance Pine Straw RA As Needed -4D Gerwral 1OWntenence Stump Grinding (Hourly) HR General Maintenance New Shrub Installation (Hourly) HR I T 110 Germtral Maintenance Tree Removal (Hourly) HR General Maintenance New Tree installation 3 Gal F -A General Maintenance Now Tree installation 7 EA Ganoral Maintenance New Bed Installation (Hourly) HR General Maintenance Bed,Shrubs Removal (Hourly) HR Male Arewxd Color Installation (Hourly) Color Installation (Hourly) HR I 4 L IV "EXHIBIT U Reference Exhibit B "EXHIBITS D.1 AND D.2" RESERVED "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME (PROPOSER/BIDDER) STATE OF G e0r GI COUNTY OF PU 1 11 Fd1A and r.G{W-o being first duly sworn, deposes and says that: (1) He is Q wneF, (Owner, Partner, Officer, Representative, or Agent) of 00(&b-0 L(X 1)0(& Ca 0, S1j(. (the " 01 (ProposerBidder)) that has submitted the attached "f3 f 0( (Proposal/Bid); (2) He is fully informed respecting the preparation and contents of the attached 13[ d (Proposal/Bid) and of all pertinent circumstances respecting such `:: rd _ (Proposal/Bid); (3) Such 'EjlA (Proposal/Bid) is genuine and is not a collusive of sham -13► d (Proposal/Bid); (4) Neither the said (Proposer/Bidder) nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affid pit, has in any way colluded, conspired, connived, or agreed, directl or ij�directly, with any other [j f Mel- (Proposer/Bidder), firm or person to submit a collusive or sham 101 (Proposal/Bid) in connection with the Contract for which the attached B f d (Proposal/Bid) has been submitted or to refrain from 01 dIACI (proposing/bidding) in connection with such Contract, or has in any manner, directly or indirec ly, sotig4it by agreement or collusion or communication or conference with an other -j I G O( W (Proposer/Bidder), firtV or person to fix the price or prices in the attached— (Proposal/Bid) or of any ther '(�(Proposer/Bidder), or to fix a y overhead, profit or cost element of the �I (Proposal/Bid) price of any other 13 I d (Proposer/Bidder) or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached �ji d (Proposal/Bid) are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder (Proposer/Bidder) or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) p ropo er/Bidder) has not directly or indirectly violated any law, ordinance or regulation rel o the _�j _G (Proposal/Bid). SUBSCRIBED AND SWORN BEFORE Signature of Authori cer or Agent ME ON THIS THE ���' DAY OF CGI S ' 20. Printed Name and Title of Authorized Officer or Z'I I Agent Nplar-- Pubic .[NOT.AW. SEAL] ' 'TAP Expires: "EXHIBIT F" FINAL AFFIDAVIT STATE OF _ COUNTY OF TO CITY OF MILTON, GEORGIA I, , 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 , 20 , 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 lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of , that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires "EXHIBIT Gal" STATE OF G COUNTY OF ( 1') 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: a1�907 Federal Work Authorization User Identification Number I / 20(2q Date of Authorization Ed Castro Landscape, Inc. Name of Contractor Landscape Installation for Fire Stations 41 & 43 Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 1Y1�U �� , 20 (city), e . Signature of Authorized -�-d and cz-t-�-n, �nie-I d.Pllyi- Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 5ft DAY OF / ; 20�. — Notar ublic [NOTARY SEAL] �. t• ,. .oTAAy `. My Co ission ExDj,��. G y 2V "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF _ COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Ed Castro Landscape, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Landscape Installation for Fire Stations 41 & 43 Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: REFERENCE EXHIBIT A "EXHIBIT I" 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) "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. 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 Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. 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. "EXHIBIT J" 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 N/A , Project Manager "EXHIBIT K" City will be administering the Agreement. "EXHIBIT U RESERVED "EXHIBIT M" RESERVED "EXHIBIT N" RESERVED In HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Juney6 016 age FROM: Steven Krokoff, Interim City Man AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. dba TSW, for Master Plan Downtown Milton Crabapple. MEETING DATE: Monday, June 20, 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: "v?ES (J NO CITY ATTORNEY REVIEW REQUIRED: (JiYES NO APPROVAL BY CITY ATTORNEY: KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: g&(7a)1010 REMARKS: © * YOM. � - • i4 PHONE: 678.242.25001 FAX: 678.242.2499 Greeri * ,�.* Info®eflyotmIItoaga.ua I w .oNyofMIjIt ga.us wi Community 'WIRMW 13000 Deerfield Parkway, Suite 1071 Milton GA 30004-°•^^•�°^•^�^ a To: Honorable Mayor and City Council Members From: Kathleen Field, Director Community Development Date: Submitted on June 16, 2016 for the June 20, 2016 Council Regular Council Meeting. Agenda Item: Approval of a Professional Services Contract between the City of Milton and Tunnell Spangler and Associates for the Downtown Milton Master Plan Study ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To keep pace with the growth of Crabapple as the civic and social center of Milton, Council directed staff to pursue a professional services contract to conduct a Downtown Master Plan. After reviewing five responses to a call for proposals, staff chose Tunnell, Spangler and Associates as the consulting firm to perform the Master Plan study. The study will focus on creating a detailed plan for the build-out, including both the private and public infrastructure of the area that will serve as Milton’s downtown. Areas of concentration will include: parking, community greenspace; infill development scenarios and pedestrian and bicycle plans to promote a more walkable community with alternative modes of transportation. Funding and Fiscal Impact: $80,000.00. Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis 05-18-2016 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Contract BIOME OF ' M'.1 L ESTABLl STEED 2006 PROFESSIONAL SERVICES AGREEMENT MASTER PLAN DOWNTOWN MILTONICRABAPPLE This Agreement made and entered into this day of�O 'F— , in the year 2016 (the "Effective Date"), 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 Tunnell, Spangler & Associates, Inc. dlblaTSW ("Consultant" or "TSW"), a Georgia corporation having its principal place of business at 1389 Peachtree St NE, Ste 200, Atlanta GA 30309, with the City and Consultant together referred to herein as the "Parties." WHEREAS, the City of Milton will require certain professional consulting services to initiate and complete a full master plan for the Crabapple/town center area 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 (defined below) contemplated for the Project under this Agreement; and WHEREAS, the Consultant has represented that it specializes in developing and implementing master plans for municipal town centers, 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 Consultant agrees to provide the services generally described in Exhibits "A" and "B", attached hereto and incorporated herein by reference (the "Work"). As generally described in Exhibit "A", the Consultant shall complete six sequential tasks leading to the formulation of a comprehensive master plan for the development of the Crabapple area. This master plan shall fully take into consideration the City's programmatic goals and comply with the City's more detailed specifications, all as set forth in Exhibit "B". In addition, Consultant shall complete the Work substantially in compliance with the proposed schedule set forth in Exhibit "A". Consultant shall provide regular updates to City on the progress of the Work, and shall promptly notify the City if it expects that completion will be delayed. No changes to the Work will be effective unless agreed to in a signed writing by the City and no supplemental payment will be made for unauthorized services. 1.2 The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $80,000 (the "Maximum Contract Price"), and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon services performed at hourly rates between $85 and $180/hour, as well as reimbursement for miscellaneous costs, all as set forth in Exhibit "C", attached hereto and incorporated herein by reference. Compensation for all 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 should be submitted to Honor Motes, 13000 Deerfield Parkway, Suite 107F Milton GA 30004, for approval. Payment for all fees will be sent to 1389 Peachtree St NE, Ste 200, Atlanta GA 30309 by U. S. Mail only; payment will not be hand -delivered. 1.3 Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 1.4 The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Consultant. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Consultant is an independent contractor. The Consultant is not an employee, agent or representative of the City of Milton. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. The Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give the City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification 2 The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts or omissions the Consultant or sub -consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub - consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub -consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 combined single limit per occurrence with comprehensive coverage including but not limited to coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c} Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the 5tatc of Georgia and Employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Cove. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Consultant for the City. 4 (c} All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Consultant under the terms of this Agreement, including but not limited to Section 3 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANIL (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -consultants - Consultant shall include all sub -consultants as insureds under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. ($} Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years atter termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Pa, The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination Time is of the essence of this Agreement, and the Consultant shall begin work promptly upon receiving a Notice to Proceed by the City. The Term of this Agreement shall begin on the date first written above and terminate upon completion of the Work.. If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days' prior written notice of such termination to the Consultant. 6.0 Compliance with All Laws and Licenses The Consultant shall obtain and maintain, at the Consultant's expense, all permits, licenses or approvals that may be necessary, and comply with all applicable local, state and federal requirements, including all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. Further, the Consultant and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Consultant and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the Parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Consultant submits to the jurisdiction and venue of such court. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of this Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 7 NOTICE TO THE CONSULTANT shall be sent to: Tunnell, Spangler & Associates, Inc. 1389 Peachtree St NE, Ste 200 Atlanta, GA 30309 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Consultant provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, the Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is 8 obtained, Consultant agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. The Consultant and its subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City contractor or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and its subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a contractor or subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Consultant's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Consultant agrees that the employee -number category designated below is applicable to the Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title V1 of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 1$.0 in every subcontract for services contemplated under this Agreement. 19.0 Authority to Contract 9 The individual executing this Agreement on behalf of the Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind the Consultant to the terms of this Agreement, if applicable. 20.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Consultant ("Materials") shall be the property of the City and the City shall be entitled to full access and copies of all Materials. All copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. 22.0 Counterparts This Agreement may be executed in any number of counterparts, each of which shall he deemed to be an original, but all of which together shall constitute one and the same instrument. 23.0 Force Majeure Neither the City nor Consultant shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 24.0 Survival of Terms All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 10 V Signatu . v )iaA "5/Wr Print Name, / Title (( tstant) Corporate Secretary) Attest: Signature Print Name Cily Clerk Title Approved as to form: City Attorney vELL, DANGLER & ASSOCIATES, d/b/a T I 1E�, 11 Sig ture V or,> W. WAL4�- Print Name Nil 6f- Title (Presidcnt or ice President) �y -� Date (AP'VIX CORPORATE SEAL} CITY OF MILTON, GEORGIA: Joe Lockwood, Mayor fate 11 EXHIBIT "V9 SCOPE OF WORK TSW - SCOPE OF SERVICES.pdf SECTION IV' SCOPE OF SERVICES INTEGRATED PLANNING APPROACH TSW believes that the Milton/Cra- bapple Downtown Master Plan has the opportunity to promote sustainable social, economic, and environmental opportunities. The team will focus on cre- ating a balanced down- town area for Milton with: Connections - the ability to easily move through the downtown by a variety of means and that honor historic grid patterns. Complete Streets - design solutions that serve all users, not just drivers, and retrofit existing streets to make them more comfortable, interesting, and safe. Design - a pion that cre- ates a positive identity for the downtown area. Mixed -uses - different uses that complement each other. Housing - to support local busi- nesses, allow for a mix of incomes, capitalize on the aging popu- lation, and generate activity. Compactness - things with- in walking distance. Commerce - businesses to grow the tax base, create jobs, and provide options locally. These will create a destination that serves Milton residents and attracts investment. PROJECT UNDERSTANDING & METHODOLOGY The Master Plan for Downtown Milton could not come at a more critical time in the history of the Crabapple area. Residential growth in the study area has accelerated in the post -recession era and a number of commercial/retail buildings have been built in the last five years with more buildings going into the construction phases in the near future. It is an exciting time in the Crabapple area, but there are also potential issues that need to be resolved in this round of planning, such as parking and pedestrian friendliness and safety. Mayfield Road and Broadwell Road have become the nexus for the Crabapple development. The intersection continuously has large vehicular queues starting in the morning and ending late in the afternoon. Mayfield Road has been designed using GDOT road standards. The standards are not necessarily conducive to small-town living. The existing street section encourages through traffic to move through at a rapid pace. If the Crabapple area is to have a viable pedestrian -friendly, small town atmosphere, itis imperative that parking and street sections work for the pedestrian and not necessarily for the vehicle. It will be important to work with the community and help them understand that it is in their best interest to slow traffic down through the Central Business District. An excellent example of this is Downtown Decatur, Georgia, one of the most successful small urban towns in the Atlanta metropolitan area. Another example close to Crabapple is Downtown Woodstock. Both cities have worked very hard to accommodate traffic, but more importantly to create the pedestrian atmosphere. The City of Decatur has built parking decks so that visitors can take advantage of Decatur's wonderful small town atmosphere with the intention that visitors park once and walk to multiple destinations. TSW is currently working in Downtown Woodstock and has designed two parking decks to accommodate the huge influx of visitors. Both decks are being designed with public/private partnerships. Finally. TSW has worked with the City of Milton when creating your most recent zoning code as well as the last LCI. We feel that we have a great institutional knowledge of the area which gives us a deep empathy and understanding of your needs. To keep the process fresh, we have added Toole Design Group, who is nationally known for their "Complete Streets" knowledge and transportation creativeness. We will also introduce individuals from TSW that have not necessarily worked in Crabapple but will bring a fresh and creative look at this commission. That's not to soy, that we will not include individuals that have worked in the area, we just feel it's important to bring diverse design backgrounds and news ideas within the TSW family. Decatur street section showing on -street parking, wide sidewalks, and landscape zones that all contribute to a streetscapes' pedestrian - friendly environment. TSW TEAM PROPOSAL I CITY OF MILTON / CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO. 16-CD01 Hands-on exercises provide opportunities for the community to get involved with decision- making. Poll Everywhere Exampic- cl,arhston What one word would des(Abe the Ideal 40 future or Clarkston? 0 -MM21331:.:.: prosperous ,modern c diveir s� ibrank0 visionary growingforward pioneersmixed revitalized ITx4IN.12IB 1 ".1 1 ".1 »:107_ 41USl The TSW Team's proposed Technical Approach relies on a tested stake- holder involvement process, best development practices, and the exper- tise of diverse disciplines to create a visionary, yet implementable plan for the development of a master plan for the City of Milton. It is one that we have used variations of for both public and private planning efforts, and one that will allow us to create the implementation -focused plan that is needed. TASK is PUBLIC iNVOLVEMENT/OUTREACH PROCESS 1. Meetings with Project Management Team to introduce the process and their roles and meet monthly throughout the planning process. Project Manage- ment Team members will include: • City Project Manager and other staff representative(s) + TSW Team Principal -in -Charge and Project Manager- Thomas Walsh and Sarah McCulley 2. Meetings with the Core Team to introduce the process and their roles and meet before public meetings and deliverable deadlines. Core Team mem- bers will include, but not be limited to: Project Management Team mem- bers, key stakeholders from community and business groups within the study area, representatives from relevant state, regional, and local government departments, and non-profit organizations. 3. Conduct Project Kick-off Meeting (General Public Meeting #1) to introduce planning process, discuss plan goals, provide dates for key opportunities for public input, and gather and document comments regarding study area challenges and issues through a Post -it Note Exercise and Visual Pref- erence Survey (VPS). [The Post -it Note Exercise is conducted at the be- ginning of the meeting while everyone arrives and allows participants to quickly jot down what they like about Milton/Crabapple and what they would like to see change on separate Post -it Notes. TSW Team members organize the notes into different categories (community identity, safety, mobility, recreation, retail/commercial options, etc.) and highlight com- mon ideas. A Visual Preference Survey is a tool in which participants are shown images and asked to score each for their appropriateness for the future study area. Scores are then analyzed to determine the most liked, disliked, and agreed-upon images. Results are then reviewed at the Vi- sioning Workshop to determine what caused images to be scored as they were. These become a starting point for the plan. The VPS can also be available online.] 4. Conduct stakeholder interviews, including small group interview sessions, one-on-one interviews, and telephone interviews. S. Conduct Public Visioning Workshop (General Public Meeting #2) to review the findings of existing conditions and gauge changing conditionslpriorities in the community with interactive sessions. ■ Review of Existing Plan Assessment and Market Analysis findings. • Poll Everywhere Introductory Session: Poll Everywhere is a tool that TSW is currently using for the City of Clarkston Comprehensive Plan Update public process. This tool is used to solicit immediate responses to project questions and generate word clouds that can be easily and quickly integrated into a PowerPoint presentation. Community members submit live feedback via text messaging at the meeting. TSW TEAM PROPOSAL I CITY OF MILTON/ CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO, T4-CDO1 ■ Interactive sessions focusing on design, issues and concerns, land uses, transportation, etc. Sessions will consist of break-out tables for various topics and be led by TSW Team members. ■ Presentation of interactive sessions by community participants. 6. Conduct Draft Plan open House (General Public Meeting #3) focusing on recommendations to public for review and comments. Attendees will have opportunities to speak one-on-one with TSW Team members for more de- tails on recommendations or submit feedback anonymously. 7. Final Plan Review and Transportation Coordination Meeting with City of Mil- ton. City of Alpharetta, GDOT, and other affected organizations to review Final Plan and make necessary changes. 8. Present Final Plan (General Public Meeting #4). TASK 2: ECONOMIC STUDY 1. Collect and assemble available economic and market data, including: �- ■ Assessment of existing retail and office properties in the study area y J (type, size, utilization of space, number of employees, sales tax gener- ation, etc.). ti • ■ Underutilized retail and office space. _ 2. Accurate data gathered during the inventory and analysis will be critical to inform recommendations. Conduct market and trade area analysis that outlines baseline market con- ditions and area -wide competitive assessment for primary, secondary, and potentially tertiary trade areas: ■ Projected job growth. ■ Projected population growth. ■ Property inventory. ■ Demand and feasibility for retail, dininglentertainment, personal and professional services, office, and housing. ■ Demand and feasibility for recreation and tourism based uses within the study area. ■ Quantify and categorize underutilized retail and office space. • Examine ways to cultivate stronger employment mix, ■ Identify best practices and/or new development incentives or financing mechanisms for including public and private sources of funding. TASK 3: DETAILED LAND USE 1. Collect ava€labie data from local, regional, state, and private resources as determined in the Initial Consultation Session. 2. Conduct an assessment of any existing planning studies to avoid dupli- cation of efforts and build on the work already accomplished. 3. Prepare land use research and analysis: ■ Identify vacant and underutilized land, environmental conditions, future land use policies, zoning, and ownership for adjacent par- cels and nearby developments. ■ Analyze existing land uses characteristics. ■ Identify recent and ongoing development. 4. Develop land use recommendations based on existing conditions and public involvement input that will create a vibrant, sustainable down- town area (see Task,6 for more detail). 16 TSW TEAM PROPOSAL 1 CITY OF MILTON / CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO. 16-CD0I TASK d: IDENTIFICATION OF POTENTIAL CIVIC/PUBLIC SPACES GREEN SPACES 1. Conduct an assessment of community facilities to determine public facility and park space opportunities that could potentially be expanded. ■ Identify facilities serving the study area, including libraries, police, schools, etc. • Identify parks, open spaces, and recreation facilities serving the study area, along with sites that lend themselves to such new facilities. 2. Based on assessment of community facilities, identify potential civic/public spaces detailing location, size, potential programming, cost, and availability. TASK 5: CIRCULATION An ,]D PARKING STUDY 1. Review of existing transportations conditions and facilities, including: ■ Relevant transportation plans. ■ Traffic and circulation. ■ Typical street cross-sections. ■ Parking supply. ■ Pedestrian and bicycle network. ■ Significant street trees. ■ Stormwa ter drainage constraints. ■ Land uses and their impacts on transportation, 2. Based on assessment of transportation conditions and facilities, identify transportation recommendations; • Opportunities to reconnect historic grid. • Pedestrian and bicycle facilities. ■ Improved intersections. ■ Parking f based on build -out of area) - surface and structured (including locations), size(s), and financ- ing options). TASK 6: IMPLEMENTATION 1. Develop Downtown Master Plan along with goals, policies, and implementation strategies based on analy- sis findings and input from the community. Goals, policies, and action strategies will focus on supporting a multi -modal transportation network in a mixed-use environment, incorporating Lifelong Community principles and Green Communities concepts. Implementation strategies will be categorized as short-term and long-term and include preliminary cost estimates_ Deliverables will include: ■ Efficiency/feasibility of land uses and mix appropriate for the future growth including any new and/or re- vised land use regulations needed to complete the development program; ■ Development potential for vacant properties: • Mixed -income housing, jobs/housing match and other social issues; ■ Housing for seniors consistent with the ARC Lifelong Communities format; • Transportation demand reduction measures; ■ Internal mobility requirements including additional traffic calming measures, pedestrian circulation, bicycle circulation including safety and security of pedestrians; • Continuity of local streets within the study area and development of a network of minor roads; Needlidentification of any potential future transit needs; ■ Connectivity of transportation system to other centers; ■ Commercial center development, organization and management, promotion and economic structuring; ■ Stakeholder participation and support; and Public and private investment policies. 2. Develop maps, visioning graphics, and tables/charts as needed to support study recommendations. Visioning graphics will include town center renderings TSW TEAM PROPOSAL I CITY OF MILTON / CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO. 16-CDOI 3. Develop Summary Document that compiles all the work effort, study process, relevant findings, and recommenda- tions. The team will provide ten (10) printed copies of the Summary Document, along with electronic files on CD (original format and PDF, Excel spreadsheets. GIS shapefiles, and supporting graphics). The document will include, but not be limited to, the following specific components: ■ Description of the update process and methodology, data gathering techniques and findings, and general outcomes. ■ Description of the public participation process. ■ Maps and other graphics to support the plan (overall study area, existing land use. future land use, existing trans- portation facilities, and proposed transportation facilities). • Market or fiscal feasibility analysis that supports the plan recommendations and ensures the proposed plan is realistic, including recommended interventions to promote business and housing development. ■ Population and employment data section (25 -year projection figures in 5 -year increments) for; - Housing Data (number of existing housing units and population; number of anticipated housing units and population: and distribution of proposed housing unit by type). - Employment Data (number of existing jobs: number of anticipated jobs: and square feet of future non-resi- dential development). ■ Implementation Strategy focusing on collaboration opportunities, 100 -day Action Plan, and an evaluation pro- cess used to monitor plan implementation and allow for updating the Action Pian every 5 years or as needed. ■ 5 -Year Implementation Action Plan for land use, policy, housing, transportation, and other projects or initiatives. ESTIMATED SCHEDULE Public Involvement/Outreach t (on-going: Project t 3, Management and Core Team Meetings) 2 Economic Study 3 Detailed Land Use 4 Location Analysis for CMc/Publlc Green Spaces 5 Circulation and Parking Study 6 Implementation Public Kickoff Meeting Public Visioning Workshop Draft Plan Open House �4 Final Plan Presentation � Inventory and Analysis � Recommendations * On-going assistance as needed with Council Meeting presentation, etc. TSW TEAM PROPOSAL I CITY OF MILTON / CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO. 16-CDO1 ADDITIONAL PROJECT TECHNIQUES PUBLIC VISIONING WORKSHOP The typical public visioning workshop is a full day of work sessions engaging planners, architects, engineers, mar- ket analysts, city staff and officials, and various stake- holders to develop a cohesive vision. Working as a whole group for some activities and in specified teams for others. TSW focuses on creating sustainable places while considering connectivity, land use patterns, retail and housing options, development identity, architectur- al character and scale, historical sensitivity, public open spaces, environmental opportunities and constraints, infrastructure systems. key building placement, and reg- ulatory and policy tools for implementation. Benefits of conducting a workshop in place of more tra- ditional, less intensive public involvement tools include: • More responsive planning that allows for input at the earliest stages ■ A more inclusive, detailed, and customized plan ■ More unified support and increased sense of owner- ship from the entire community ■ Better collaboration between the consultant team, citizens, community organizations. and local govern- ment TYPICAL PUBLIC VISIONING WORKSHOP SCHFIDULE (subject to change based on City input) 9AM - 1 DAM Discussion of Goals and Existing Conditions I OAM - 12PM Site Visit (walking and driving) 12PM-1 PM Working Lunch: Big Ideas Discussion IPM - 5PM Initial Concept Development 5PM - 6PM Public Meeting Preparation 6PM - 7PM Presentation of Existing Conditions and Goals 7PM - SPM Visioning Exercises: A. Challenges and Opportunities B. Review of Visual Preference Results C. Presentation and critique of Initial Concepts TSW Team Project Management Team Care Team TSW Team Project Management Team Core Team TSW Team Project Management Team Core Team TSW Team Project Management Team TSW Team TSW Team Project Management Team Community TSW Team Project Management Team Community TSW TEAM PROPOSAL I CITY OF MILTON / CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO. 16-CD4I COMMUNICATING THE VISION THROUGH A VARIETY OF GRAPHICS TSW believes strongly in the power of marketing and graphic techniques to convey concepts, achieve con- sensus, and get people excited about ideas. We employ a variety of these techniques as part of every project, including. pattern books, design guidelines, executive summary documents, perspective renderings, AutoCAD street and building sections, SketchUp 3D modeling, ArcGIS mapping, Revit computer-generated renderings, Photoshop before and after renderings, PowerPoint presentations, and visual preference and community surveys. Suwanee Downtown Master Plan Rendering ., Hampton Downtown Open Space Concept City of Buford Downtown Concept Plan City of Lawrenceville Master Plan Massing Model City of Buford Hill Street Typical Cross-section City of Dock Hill Revit Rendering of Building Renovation TSW TEAM PROPOSAL I CITY OF MILTON / CRABAPPLE DOWNTOWN MASTER PLAN I RFP NO. 16-CD01 EXHIBIT "B" SCOPE OF WORK FROM CITY'S REQUEST FOR PROPOSALS HCW* QF -HE BEST QUAGTV OF LIFE IN GEDRC:: MILTON Ir. FSTAIiL15] IErS 2IX3G CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) Bid Number: Project Name: RFP 16-CDOI Master Plan Downtown Milton / Crabapple, GA Due Date and Time: City of Milton April 12, 2016 Number of Pages: 45 Local Time: 2:00pm 13080 Deerfield Pkwy ISSUING DEPARTMENT INFORMATION Issue Date: March 16, 2016 City of Milton Community Development Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107-F Fax: 678-242-2499 Milton, Go. 30004 Website: www.cifyotmiRongo.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: RFP 16-CDOI City of Milton Name of Firm Special Instructions: Attn: Honor Motes, Procurement Office 13080 Deerfield Pkwy Deadline for Written Questions Suite 107-F March 30, 2016 at 5 pm Milton, Ga. 30004 Email questions to Honor Motes at honor. motes@cit ofmilton 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 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTO t\j*k FSTARLISlL E D 2006 TABLE OF CONTENTS Offeror's RFP Checklist................................................................................... Proposalletter............................................................................................... Scheduleof Events......................................................................................... Section 1: Project Overview and Instructions ........................................... Section 2: RFP Standard Information........................................................... Section 3: Scope of Project......................................................................... Section 4: Offeror Qualifications................................................................. Section 5: Evaluation Criteria...................................................................... Section 6: Cost Proposal.............................................................................. Section 7: Standard Contract Information ................................................. HOME OF`THE BEST QUALITY OF LIFE IN GEORGIA'I LTONI ESTA131.ISHED 2006 OFFEROR'3 RFP CHECKLIST The Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1. Read the entire document. Mote critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2. Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3. Attend the pre -proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4. Take advantage of the "question and answer" period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal "addenda" issued for the RFP. 5. Fallow the format required in the RFP when preparing your response. Provide point - by -point responses to all sections in a dear and concise manner. C. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The proposals are evaluated based solely on the information and materials provided in your response. 7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 9. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late proposal responses are never accepted. his checklist is provided for assistance only and should not be submitted with Offeror's Respons HOME OF `TIDEBE57 QUALITY OF LIFE IN GEORGIA' M I LTON* ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL 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 RFQ package when it is submitted. Name of Consultant 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. Arnount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: HOME OF `THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTONI ESTARLISEIE©200b City of Milton RFP# 16-CDOI PROPOSAL LETTER (Bidder to sign and return with proposal) We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (16-CDO1 ) Master Plan Downtown Milton 1 Crabapple, GA. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and That this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name H HOME OF `THE BEST QUALITY OF LIFE IN GEORGIA' M I LTON, ESTABLISHED 2006 SCHEDULE OF EVENTS EVENT DATE RFPIssue Date...........................................................March 16, 2016 Deadline for Receipt of Written Questions ....................March 30, 2016 Written Answers by City .............................................April b. 2016 RFP Response Due Date (2:00pm local time) ................April 12, 2016 HOME OF' . QUALITY ❑r- 'd GEOR(.-;.:;, M1 LTON ESTABLISHED 2006 F_ SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 STATEMENT OF INTENT The City of Milton (hereinafter referred to as "the City") invites you to submit a proposal to conduct a Downtown Master Plan. A more complete description of the services sought for this project is provided in Section 3, Scope of Project. Proposals submitted in response to this solicitation must comply with the instructions and procedures contained herein. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposal (RFP) is issued until a proposer is selected and the selection is announced by the procurement office, proposers are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact will disqualify the proposer from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 13000 Deerfield Parkway, 107-F Milton, GA 30004 Telephone Number: 678-242-2507 Fax Number: 678-242-2499 E-mail Address: honor.motes@c ityofmiltonga.us 1.2 REQUIRED REVIEW 1.2.1 Review RFP. Proposers should carefully review the instructions: mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. 1.2.2 Form of Questions. Proposers with questions, or requiring clarification or interpretation of any section within this RFP, must address these questions in writing via e- mail to the procurement office (honor.motes@cityofmiitonQa.us) referenced above on or before March 30 2016 at 5:00pm. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 1.2.3City's Answers. The City will provide an official written answer to all questions on or about A rIl 6 2016. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be will be posted alongside the RFP at http:Ilwww.cityofmiltonga.us and http:/Zssl.doos.state.ga.us/­`PRSapp/PR index.js . Offerors must sign and return any addendum with their RFP response 1.2.4 Standard Contract. By submitting a response to this RFP, proposer agrees to acceptance of the City's standard contract (section 7). Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written le -mailed questions or with the proposer's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the proposer's ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring proposer during contract negotiation. Any material, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all proposers submitting a response to this RFP. 1.2.5 Mandatory Requirements. To be eligible for consideration, a proposer must meet the intent of all mandatory requirements. The City will determine whether a proposer's RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 PRE -PROPOSAL CONFERENCE - None 1.4 SUBMITTING A PROPOSAL 1.4.1 Organization of Proposal. SUBMISSION OF PROPOSAL The proposer shall provide one original (1) and four (4) hard copies of their proposal, plus one (1) pdf on a CID, which shall be prepared in the following manner: Format of Proposal The proposal should be ❑ maximum of twenty 20 single sided pages (ten sheets if double - sided). • Minimum of i l point font • Stapled or spiral -bound; no binders Sections of Proposal I - V Section I: Title page, Cover page, Cost Proposal, and table of contents (not included in 20 page limit). A title page is optional. The table of contents shall contain the sections and corresponding page number for the items listed below. All pages of the proposal must be clearly identified and consecutively numbered and correspond to the table of contents. The City of Milton Request for Proposal cover sheet should be page i of this document. Cost of the Proposer's work to the City of Milton should be submitted in a separate sealed envelope. (See cost evaluation, Section 6). Section II: Description of Proposer's Experience with Similar Projects (included in 20 page limit) Each proposer shall describe their overall experience with similar projects, provide case histories of recent similar projects completed by the firm and include references. Section III: Organizational Staffing, Staff Bios and Resumes of Key Staff (included in 20 page limit) Each proposer shall document its staff, experience, and qualifications by providing in its proposal a Staffing Plan describing the manner in which it plans to manage and staff for the awarded contract, including the resumes of key and critical personnel, to successfully complete the project objectives in a timely basis and within the agreed upon budget. The Staffing Plan should include, as a minimum, the proposed project manager and key functional and technical team members and their related roles in an organizational chart, and shall provide, at ❑ minimum, the following for each team member: o Qualifications, including experience in the proposed project methodology and public sector and/or municipal experience; o Summary of experience, including the number of years of relevant experience, years with the firm and representative project experience with project name, client and date performed; o Other supporting documentation which demonstrates the ability to successfully perform the work; o The intent, if any, to subcontract implementation personnel. Specifically, describe the functions to be subcontracted and the expertise and credentials required from the subcontractor and include the subcontractor's company name; o The proposer's assurance, to the extent possible, that the proposed team members will be available and remain on the project until its completion. Include the availability of replacement team members in the event the proposed team members become unavailable prior to the commencement of or during the project; Section IV: Scope of Service (included in 20 page limit) Each proposer shall provide with its proposal a summary Project Plan that describes the proposer's approach to the successful implementation of the proposed services. Each proposer shall submit, in the order below: o A detailed outline of proposed methodology to complete the services, including a high level timeline, and brief descriptions of the key tasks, key milestones and key deliverables. a A statement of the proposer's belief of the scope of the intended strategy within the City. If there are any gaps between what the proposer believes should be the proper scope of the services given all information known at the time of this RFP, the proposer should clearly state these gaps in this section and clearly mark these concerns as such. o Discussion of the assumptions relating to the responsibilities and/or commitments the proposer is expecting of the City throughout the life of this project. o A description of how the proposer will manage the scope of the project, including the tools used for project planning; Section V: Final Comments (included in 20 page limit) Each proposer may describe, in no more than 2 pages, why your firm is best suited for this project and any unique attributes and talents your firm can bring to bear to best accomplish the project for the City of Milton. Section VI: E -Verify Please return the following form completed with proposal. (Not included in 20 page limit) 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 0.C.G.A. § 13-10-91 . Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton Name of Public Employer 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: Pursuant to Georgia law, City contractors engaging in the physical performance of services, wherein the labor or services exceed $2,499.99, must register and participate in the Federal work authorization program operated by the United States Department of Homeland Security, currently known as E -Verify, unless the contractor provides evidence that it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and that it is in good standing. Before a bid for any such contract is considered by the City, the bid must include a signed, notarized affidavit evidencing compliance with E -Verify, a form of which is attached above or 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. Section VII: Addenda acknowledgement (if any). (Not included in 20 page limit) Proposers must organize their proposal into sections that follow the format of section 1.4.1 1.4.2 Failure to Comply with Instructions. Proposers failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. 1.4.3 Deadline for Receipt of Proposals. Proposals must be received at the Procurement Office receptionist's desk (Attn: Honor Motes, 13000 Deerfield Parkway, Suite 107-F. Milton GA 30844 prior to 2:4OPM. local time, April 12, 2815. Facsimile or emailed responses to requests for proposals are not acceptable. 1.4.4 Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the proposer's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the proposer at the expense of the proposer or destroyed if requested. 1.5 PROPOSER'S CERTIFICATION 1.5.1 Understanding of Specifications and Reauiremenfs. By submitting a response to this RFP, proposer agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.5.2 Offer in Effect for 120 Days. By submitting a proposal, proposer agrees that the proposal may not be modified, withdrawn or canceled by the proposer for a 120 - day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer. 12 1.6 COST OF PREPARING A PROPOSAL 1.6.1 City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the proposer. The City is not liable for any expense incurred by the proposer in the preparation and presentation of their proposal. 1.6.2 All Timely Submitted Ms�fierials Became City Property, All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and proposer resulting from this RFP process. 13 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Inforrrafion. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of proposals has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the proposals received in response to this RFP, the procurement office will review the proposals and separate out any 14 information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the proposal. 2. The proposal does not contain confidential material in the cost or price section. 3. An affidavit from an offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Resaonsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the specifications described and required in the RFP. If a proposal is found to be nonresponsive, it will not be considered further. B. Determination of Re ion iblilly. The procurement office will determine if an offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring offeror or, if necessary, to seek discussion/ negotiation or a best and final offer in order to determine the highest scoring offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards 15 and ❑ comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. D. Coml2leteness of Pro osols. Selection and award will be based on the offeror's proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by offerors outside the formal response or subsequent discussion /negotiotion or "best and final offer," if requested, will not be considered, will have no bearing on any award, and may result in the offeror being disqualified from further consideration. E. opportunity for Discussion/ Negotiation and/or Oral Presentation/Product Demonstration After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the proposal. Oral presentations and product demonstrations, if requested. shall be at the offeror's expense. F. Best and Final offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. 16 H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scaring offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may begin until a contract signed by all parties is in place. I. Contract Ne otilation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible offeror whose proposal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scaring offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as ❑ result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Reject any or all Proposals received. The City is not obligated to request clarifications or additional information but may do so at its discretion. The City reserves the right to extend the deadline for submittals or to cancel or modify this RFP at any time. 2. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any proposal, 3. To request further documentation or information, and to discuss an RFP submittal for any purpose in order to answer questions or to provide clarification, 17 4. Not award if it is in the best interest of the City not to proceed with contract execution, 5. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 18 SECTION 3: SCOPE OF PROJECT BACKGROUND AND OBJECTIVE Milton is located at the north tip of Fulton County, nestled between Forsyth County to the east and Cherokee County to the north and west, it is home to approximately 36,000 residents within its 39 square mile of picturesque neighborhoods and rural equestrian landscape. The Crabapple area is a historic crossroads community in the southern part of Milton that has become identifiable with its own distinct character within the context of the City of Milton. It has developed into a village center of shops, homes, offices, and civic uses as the location of the Milton Library, the Milton City Hall, the Milton Municipal Court, the Broadwell Pavilion, schools and parks, all within close proximity. With all these uses, this area has evolved into Milton's Downtown. The map of the Crabapple area below shows these locations. The City of Milton seeks to engage the services of a qualified consulting firm to initiate and complete a Master Plan of the Crabapple area in the context of the Milton's city center and its downtown. The intent of conducting a Master Plan is to build on the existing Crabapple LCI Study that was completed in 2012, to maximize the City's vision for a walkable, bike friendly, downtown area. It was after the completion of the LCI that the City Council determined that this historic crossroads would become the "downtown" for the City of Milton and be the chosen location for the City Hall. One of the goals for the Creation of this "downtown" area is to create a sense of place, a true historic village which will identify this area as the downtown and serve as its gathering place. Toward this end, the entire City Hall complex is being designed so as to promote community interaction. This Master Plan should also expand on the existing parking study with a detailed analysis of the parking needs including the feasibility of a parking deck and a viable financing strategy for such. As importantly, a site for a public gathering green space should be contemplated along with uses and trail/sidewalk connections to it addressed. Additionally, several housing projects including ones dedicated to seniors are in the planning stages. We believe that with an identified complete streets program that promotes walkability, as well as an assortment of housing types combined with public institutional anchors, such as the Fulton County Library and the City Hall, we can create ❑ community that will serve as a true lifelong community. The use of historic design guidelines and circulation patters as determined through this Study, will also serve as a pre- requisite to maintaining the area like the historic crossroads that it once was. 19 Resources for the existing Crabapple Downtown Project with parking study can be found at: https://vA,vw.cityofmiltonga.us/lib/file/manager/Bids/Crabapple Downtown Project. df Resources for the Crabapple Vision Study, 2012 Crabapple LCI Study and the Crabapple Form Based Code can be found at: htt s: www.cit ofmilton o.us residents current-and-future- lannin -documents More information about the City of Milton can be found at our website hitp://www.cityofmiltonga.usl Map of the Crabapple Area in Milton, GA M v U r f Municipal i'• urthobs► r +� Historic Milton Crossroad �Oel Library Broadwell Pavilion 2 The following tasks need to be undertaken or updated from the original study: Task 1. Public Involvement Task 2. Economic Study Task 3. Detailed Land Use Task 4. Location Analysis for Civic/Public Green Space Task 5. Circulation and Parking Study Task b. Implementation Task 1. Public Involvement/Outreach Process - A detailed public participation plan must be structured and undertaken that strives to include all important stakeholders impacted. The City of Milton will provide stakeholders and facilities to host their involvement in the process. Consultant will conduct the meetings and charrette process including meeting notices, meeting summaries and other written communications. Responses and acknowledgement of public comments will be addressed in the study reports. Core Team (Stakeholders): A core team shall be established that includes the members of the City's and Consultant's Project Management Team along with the representatives from key stakeholder groups in the study area. The Core Team will include representatives from relevant regional and local government departments responsible for land use planning, transportation and housing. Representatives from non-profit organizations that provide services in the study area will also be included on the Core Team. This team shad at a minimum, meet prior to each of the general public meetings described below. The key responsibility of the Core Team is to review and comment on materials to be presented at public meetings, help advertise meetings, and distribute information to the larger community. The planning process will be guided by stakeholders representing a variety of interests, backgrounds and viewpoints. A list of stakeholders is detailed below_ Representatives from Fulton County, the State of Georgia, other local governments and agencies as well as area residents, property owners and business owners, will participate in community meetings, visioninglcharrettes, focus group meetings/stakeholder interviews and public hearings. A variety of methods will be used to inform the general public of the planning process and how to participate. Examples include: issuing press releases, public service announcements, producing and distributing posters, flyers, and postcards, notification 21 via mail and email, and providing notices to public schools, public officials, boards and committees. General Public Meetings: A minimum of four (4) evening and/or weekend General Public Meetings Shall be conducted. More meetings may be necessary per request of the City of Milton (see note below). The public forum meetings shall discuss the following topics: • Kick-off meeting - to announce the beginning of the study process, the goals of the study, key dates, and opportunities for public input. • Data gathering meetings - mini-charrettes to collect information, data and opinions from the public on pertinent topics. These meetings can also be used to review preliminary findings and general directions. • Presentation of Draft meeting - A draft plan shall be presented to the public for review and comment prior to finalizing the study. This meeting should focus on a review of the study recommendations and action plan. • Final Draft Plan presentation - The final draft Master Plan should be made available for public comment (in a meeting, open house, or posting) prior to Milton's approval. Note: Additional public forum meetings that can be anticipated are presentation updates to the city council during regularly scheduled or special called council work sessions. The public involvement process should include a variety of methods, times, and techniques to reach the broadest range of stakeholders possible (i.e. standard public meetings, charrettes, surveys, open house, etc). Task 2. Economic Study: Any Master Land -Use Plan for this area needs to be grounded via an updated market study which should show future demand for different housing types as well as commercial and office uses. Employment and population projections should also be included as part of this analysis. Task 3. Revised Land Use Plan - In order to create Milton's "Downtown" a partnership with the owners of the private properties within Crabapple needs to be fostered and encouraged. Unlike many other city centers, Milton does not own any land in the Crabapple area aside from the proposed City Hall complex, and the Broadwell Pavilion. A viable, updated and detailed Master Pian, showing the potentiality of all of the development parcels will be required if a walkable, village community is to be created. (This Plan should be tied to the Parking Study as referenced in Task 5 below.) Task 4. Identification of Potential Civic/Public Spaces - If this area is to be the City's Downtown, identification of parcels that can create a public "gathering space" will be important in terms of creating a "sense of place". Location, cost and availability are factors to be considered. Task 5. Circulation and Parking Study: A careful analysis of circulation patterns for pedestrians, bicyclists, and motorists is needed to identify connections that improve 22 convenience and user experience within the study area. Connections identified should address transportation mobility, accessibility and safety for all users following complete street policies. Various alternatives to improve operations combined with surrounding facilities, both existing and under development, will be analyzed to determine the preferred circulation and connections. Historic grid patterns will need to be taken into consideration as well as the current plans for transportation infrastructure improvements. While there are transportation infrastructure improvements underway in the study area, a more in-depth identification of connections and potential streets that reflect the historic grid patterns, as well as the identification of specific projects for pedestrians and bicyclists, will contribute significantly toward making this the walkable community as currently envisioned. The intent of this Plan will be to develop connections that serve all users of the transportation system. Finally, if this area is to develop to its potential, a detailed parking analysis based upon a build -out of this area should be undertaken. Such analysis should include a determination of the viability of a parking structures), including financing options, size and preferred locations for such a structure(s). Transportation Coordinating Meeting: To ensure the projects are feasible, a coordination meeting will be held between the City of Milton, City of Alpharetta. GDOT and other affected organizations to discuss potential projects prior to finalizing the master plan recommendations and transportation improvement list. Task b. implementation — In order to implement this master plan, a detailed "how-to" blueprint will be required for the following specific initiatives: the identification of financing tools to assist with: (1 ) the building of a parking garage (possibly envisioned as a public-private partnership); and (2) the identification and potential acquisition of public green space. Also. a review of the existing form based code will need to be undertaken for consistency with the recommendations to be included within the revised master plan; and, review and coordination with recommendations contained within the City's CTP (currently under revision). Accordingly, a detailed plan and financing strategy needs to be put in place to encourage future development in a way that carries out the City's vision for the area. PROJECT DELIVERABLES - At the completion of the tasks, a summary document of the compilation of the results of the overall work effort, the study process, relevant findings, and recommendations is expected. Ten (1 0) printed copies of the summary document shall be provided, along with an electronic file (on CD) of the summary document in its original format and in .pdf format, an Excel spreadsheet of the 5 -year action plan, geographic files for relevant maps, and a separate digital file folder with supporting graphics contained in the report. 23 In order for this Plan to be accepted as an approved LCI study, the Study should specifically address the following areas: 1. Efficiency/feasibility of land uses and mix appropriate for the future growth including any new and/or revised land use regulations needed to complete the development program; 2. Development potential for vacant properties; 3. Mixed -income housing, jobs/housing match and other social issues; 4. Housing for seniors consistent with the ARC Lifelong Communities format; 5. Transportation demand reduction measures; 6. Internal mobility requirements including additional traffic calming measures, pedestrian circulation, bicycle circulation including safety and security of pedestrians; 7. Continuity of local streets within the study area and development of a network of minor roads; 8. Need/identification of any potential future transit needs; 9. Connectivity of transportation system to other centers; 10. Commercial center development, organization and management, promotion and economic structuring; 11. Stakeholder participation and support; and 12. Public and private investment policies. A summary document prepared at the end of the study must contain the following, at a minimum: A description of the study process and methodology, data gathering techniques and findings, and general outcomes ■ A description of the public participation process used to achieve a community - supported program of corridor improvements ■ A description demonstrating how the study addressed each of the required study deliverables numbered 1 through 12 as outlined immediately above • Maps and other graphic depictions to support the plan including, but not limited to, existing land use, future land use, existing transportation facilities, proposed transportation improvements and typical cross-sections • A 5 -year schedule of actions that are planned in the study area to implement the study goals, programs and projects. Schedules will include specific actions that implement the findings (including any need for supplemental studies) from each of the 10 study components, which include but are not limited to: o A 5 -year prioritized description of transportation improvement projects and actions {including any access management policies) that will support the study area goals o Housing should be given specific and clear emphasis by developing a description of housing strategies to complement existing projects under construction, particularly for affordable and mixed income housing developments that support a job -housing match, aging in place and efficient utilization of transportation options In addition, a population and employment data section shall be included as part of the Master Plan summary. This section will contain a comparison of development under 24 current conditions and development under the proposed Master Plan. The data in this section shall be, at a minimum, current and 25 -year projection figures in five-year increments for the following areas: Housing Data • Number of existing housing units and population • Number of anticipated housing units and population • Distribution of proposed housing units by type Employment Data • Number of existing jobs • Number of anticipated jobs 25 HOME OF ' Mt LTON ESTABLISHED 2006 Draft Schedule for the Study The City of Milton will contract with a consultant for planning services to assist with the development of this master plan. The schedule for the development and the completion of the project will start from award notification by April 2016 and run through February or April 2017 for approval. The draft schedule and the monthly outlook are detailed in the chart below, but these dates may change based on consultant and staff review. April, 2016 Interview, select consultant and execute contract with consultant May, 2016 Project Team meetings - Consultant and Milton Staff June, 2016 Stakeholder Committee Kickoff Meeting July, 2016 Public Kick-off Meeting August, 2016 Stakeholder Committee meeting to discuss the Conceptual design, plan recommendations, and implementation action plan September, 2016 Public Workshop - Conceptual design pian October, 2016 Stakeholder Committee meeting to discuss and Finalize study plan, recommendations, and implementafionlaction plan; produce final draft report November, 2016 Public meeting to present Final Draft December 12, 2016 Planning Commission and Council joint work session to introduce the Final Draft Plan to the council January 25, 2017 Planning Commission meeting February. 2017 Council approval 26 SECTION 4: PROPOSER QUALIFICATIONS 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the proposer to provide the supplies and/or perform the services specified. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 27 SECTION 5: EVALUATION CRITERIA The City may elect to conduct a round of interviews with selected consultant following receipt of the RFP. The City also reserves the right to issue an RFP to a single firm based solely on the initial submittal. The evaluation committee will review and evaluate the offers according to the following criteria: 1. Proposal Evaluation Criteria - Phase 1 References and Proximity to the City 20% • Background and Related Project Experience 300 Work Plan 20% Price (Section 6.0) 30%'0 2. Interviews and Product Demonstration - Phase 2 **Additional Scoring (Phase 2) will be offered to those consultants shortlisted for the Presentation interview Evaluation Process ** 3. Final Ranking and Negotiations Upon completion of the interviews and demonstrations, if required, the review committee will rank the short-listed proposals based on a combination of the evaluation scores and presentations. The top- ranked proposal will be recommended for contract award. pending successful negotiations. At this stage, the City may conduct any final discussions, negotiations, or proposal revisions with the top-ranking company(s). 28 HOME aF 'IM11TO' ESTARI.1SIiF.D 2006 SECTION 6: COST PROPOSAL. MUST BE RETURNED WITH PROPOSAL IN A SEPARATE SEALED ENVELOPE The proposers' cost proposal shall be a fixed price amount and signed by an authorized agent of the company. The maximum funds budgeted for this project is $80,000. This includes all the phases and deliverables in Section 3. Budget for the Study Budget Item 1 - PUBLIC INVOLVEMENT TASK 2 - Economic Study j • Research and Market Study hours— hours TASK 3 - Detailed Land Use hours • Evaluate existing land uses and recommend future Highest & Best Use land uses. Illustrative regulatory plan, graphics and mapping TASK 4 - Location Analysis for Civic/Public Green Spaces hours • Evaluate potential sites for the location of a significant Civic Greenspace TASK 5 - Circulation and Parking Study hours • Evaluate the existing and potential traffic volume and parking demands TASK 6 — Implementation hours Develop implementation strategies Total Misc. Cost Grant Total Rate per hour for additional meetings if needed (not part of evaluation) Authorized Signature. Print/Type Name Date Print/Type Company Name Here 29 EXHIBIT "C" SCOPE OF WORKMOURLY RATESIPRICING SCHEDULE TSW - PRICE SHEET.pdf HOME OF M I LTON 't ltii sf4! 1~111 I1 _'�kH. I- SECTION 6: COSH' PROPOSAL MUST BE RETURNED WITH PROPOSAL INA SEPARATE SEALED ENVELOPE The proposers' cost proposal shall be a fixed price amount and signed by an authorized agent of the company- The maximum funds budgeted for this project is $80,0W This Includes all the phases and deliverables In Section 3. Budget for the Study fttt�B.1■i" TASK 1 - PUBLIC INVOLVEMENT 188 hours_ $ 71.500 TASK 2 -- Economic Study 150 hours- . Research and Market Study $ 18.750 TASK 3 - Detailed Land Use 110 hoar_ Evaluate existing land uses and recommend future Highest & Best $_2 4.000 Use land uses. Illustrative regulatory p'an, graphics and mopp ng TASK 4 - Location Analysis for Civic/Public Green Spaces 40 hours_ Evaluate potential sites for the location of a signi�icon* Civic $ 4,754 Greenspoce TASK 5 - Circulation and Parking Study 88 hoar: Evaluate the existing and potential troffic volume and par king $ 14,175 demands TASK 6 - Implementation 96 hours - Develop implementaiian strategies 6,750 Total S 75,925 Misc. Cost $ 2,500 Grant Total S 78,425 depends on staff Rate per hour for adcytl n I meeI gs'f needed (not part of evaluation) W - 180 Authorized Signature ' 4r pate APRIL 1 I , 2016 Print/Type Name THOMAS H. WALSH Prinf/Type Company Name Here TUNNELL-SPANGLER fs ASSOCIATES OISIA TSW 29 EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF a 6 COUNTY OF L�.A 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 a 7-4 2c;ciV Date of Authorization Tunnell, Spangler & Associates, Inc. d/b/a TSW Name of Contractor Master Plan Downtown Milton/Crabaple 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 on201 (, in 1. (city), 9,b (state). Sign ture of Authorized icer or Agent `I�KP'-' A WcLt-'k, V . P Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I DAY OF 201 NOT Y PLT IC [NOTARY SEAL] M_AGobLn Ca�[1' W. WALSH ��t-IBLIC Stats of Georgia �' X018 LMV Comm. Expires January EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF COUNTY OF��� By executing this affidavit, the undersigned subcontractor verifies its compliance with ❑-C.Cr 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 'Tunnell, Spangler & Associates. Inc. d!b!a FSW on behaiFof 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 0-(:-(j.A. 3 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 1n satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by U.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor w i I I Forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within Ove (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 anests that its federal work authorization user identification number and date of authorization are as follows: Z 1 qs IKs 3 - eVerify Number Rate of Authorization Name of Subcontractor Master Plan ❑owntown Milton Cr4ba2ple Name of Project City of Milton idame of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Exccu Atr(?, ?Ol in (city), _`�'_ {state). Signature of Autho ized Gilicer or Agent Printed Name and 'Title of Authorized Officer or Agent SUBSCRIBEDWUFQ E ME 3Z O E DAY OF , EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT STATE OF A614- !tee COUNTY OF�� Xt � 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 Tunnel], Spangler & Associates, Inc. dVa TSW 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 (S) 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: Company ID #: 447594 DUNS #: 133507090 eVerify Number 0C Z o Date o Authorization Thole Design Group, LLC Name of Subcontractor Master Plan Downtom Milton/Crabapple Name of Project Cit of f Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on itylG Lo� 201 in ou r (city), M L (state). Signatu of Authorized Officer or Agent usque[ L Ati j ap,r.�r- Printed Naive and Title o Authorized 0 cer or Agent SUBSCRIBED AND SWORN BEFORE ME`�,�,t� ON T14 1S THE Lu DAY OF l t n ►�`. '4 L e ''',,` 201G)••. 'OTA 2"? NOTARY PU ' a ; � z —•� 1N ARY SEAL] = �j B L.1G g . G My Commission Bxpires: ob 64r i culjQ-P P�UBLIO ICHT ANNE AMAR �j p,t�ll7 l3NTY bAY C4AIMISSJU EoiRESt]CTQSER t2.2[f15 W HOME OF'THEGEST QUALITY OF LIFE IN EORGIA' MILTO�,NV ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2016 FROM: Steven Krokoff, Interim City Manager Q AGENDA ITEM: MDA City of Milton Firefighter Appreciation Proclamation. MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (VIVO CITY ATTORNEY REVIEW REQUIRED: (J YES („ J -JO APPROVAL BY CITY ATTORNEY: ()APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: cw114114. REMARKS: ©,* your PHONE: 678.242.25001 FAX: 678.242.2499 infoftityofmlBengams l www.aHyolmillon Green / icwem• ga.us M !;k:rf ity aryl 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - _-TIFIED .,,,. ad' MDA City of Milton Firefighter Appreciation WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving services to the citizens of their community; and WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires and rescuing those trapped in infernos, as well as saving citizens from emergencies that could have been deadly situations; and WHEREAS, Georgia firefighters contribute significantly to the continued well-being of Georgians through their outstanding commitment to community service. Their sense of duty and responsibility is evidenced by their hundreds of volunteer hours in annual boot drives to collect funds to fight Muscular Dystrophy; and WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy to supporting the Muscular Dystrophy Association, raising more than $560,000 over our ten year partnership; and WHEREAS, many of Milton’s most deserving citizens have benefited from the funds raised by firefighters in the “Fill-the-Boot” Campaign, and these public servants make invaluable contributions to our community in all the tasks they perform. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim April through September, as “MDA Firefighter Appreciation” time in the City of Milton and encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters on behalf of MDA. Given under our hand and seal of the City of Milton, Georgia on this 20th day of June, 2016. _________________________ Mayor Joe Lockwood HOME OF' HE BEST QUALITY OF LIEO M T I tTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,yYES (J NO CITY ATTORNEY REVIEW REQUIRED: (.)"YES (J NO APPROVAL BY CITY ATTORNEY: (>VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Qt.J tq Zai4 REMARKS: In V you= .. .+a PHONE: 678.242.25001 FAX: 678.242.2499'Green "cwsd+ 4hi IMo@clyofmlltonga.us l www.cliYaWHonga.us wruw Community o' 't 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004- ... ^^^... - a 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to update the Act to clarify certain provisions establishing income limitations applicable to the homestead tax exemptions for seniors age 65 and over and disabled persons with moderate to low incomes and to repeal conflicting laws; and WHEREAS, the modifications provided for in this Resolution and Ordinance may be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and 2 WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 6.35. Section 6.35 - Homestead exemption for citizens age 65 [years] or over meeting certain income requirements is amended by striking it in its entirety and replacing it with a new Section 6.35 to read as follows: (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in O.C.G.A. § 48-1-2, except that for purposes of this section, the term "income" shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual’s spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such 3 exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5- 50.1, as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. Section 6.36. Section 6.36 - Homestead exemption for citizens age 70 [years] or over and disabled persons meeting certain income requirements is amended by striking it in its entirety and replacing it with a new Section 6.36 to read as follows: (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section, the term "income" shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. 4 (b) Each resident of the City of Milton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes for the full value of that homestead. The exemp tion granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual’s spouse under the federal Social Security Act for the immediately preceding year. (c) [Disability certificate; application.] (1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5- 50.1, as amended. The exemption shall be automatically renewed from year-to-year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SEVERABILITY 5 If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on the 6th and the 20th day of June, 2016 as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare demanding it, this ___ day of ____________________, 2016, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) 0 HOME OF'THE BEST QUALITY OF L1FE IN GEORGIA' N*k MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 13, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of V16 -003 -The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes, LLC to Reduce the Front Setback from 60 feet to 50 feet, Lot 21; 60 Feet to 45 Feet, Lot 3; 60 Feet to 40 Feet, Lots 4, 22, 23, 30; 60 Feet to 20 Feet, Lots 5, 6, 7, 8, 9, 19, 20 (Section 64-416.b) and to Allow A Height Increase from: 28 Feet to 33 Feet, Lots 5, 6, 7, 8, 9, 19 and 20. (Section 64.114.c.1). MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (ypES () NO CITY ATTORNEY REVIEW REQUIRED: WES () NO APPROVAL BY CITY ATTORNEY. (,J4PPROVED / / NOT APPROVED PLACED ON AGENDA FOR: 06/ta� told REMARKS: ©� Your PHONE: 678.242.25001 PAX: 678.242.2499 a Infofcityolmiltonga.us I w .cllyofmlHonga.us wumr Green S ' ,•tea* Comm, uni { aa' '49111101, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - =E^�=<o ••o„: '+o PETITION NUMBER: V16-003 PROPERTY INFORMATION Providence Road DISTRICT, LAND LOT 2/2,842,843,886,887,888&914 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 52.748 EXISTING USE SINGLE FAMILY RESIDENTIAL SUBDIVISION FUTURE LAND USE AGRICULTRAL, ESTATE RESIDENTAL, EQUESTRIAN, (AEE) DESIGNATION REQUESTED VARIANCES: (Section 4-416,b and Section 64.1141.c.1)  The reduction of the front setback from : 60 feet to 50 feet, lot 21 60 feet to 45 feet, lot 3 60 feet to 40 feet, lots 4,22,23,30 60 feet to 20 feet, lots 5,6,7,8,9,19,20  The increase in the allowed height from : 28 feet to 33 feet, lots 5,6,7,8,9,19,20 PETITIONER(S) Chris Willis Reserve at Providence, LLC/The Providence Group of Georgia Custom Homes, LLC ADDRESS 11340 Lakefield Drive, Suite 250 Johns Creek, GA 30097 Page 2 of 13 Page 3 of 13 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 Background: The site, the Reserve at Providence subdivision, is located at the southwest intersection of Bethany Road and Providence Road. This 36 lot subdivision consists of 53 acres, and is zoned AG-1. It is located in the Rural Milton Overlay. This variance is before Mayor and Council because of Section 64-1888, b. It states that variances that involve more than five lots or ten percent of the lots in a subdivision (whichever is greater) shall be heard by the Mayor and City Council. Chris Willis, representing The Providence Group of Georgia and the Reserve at Providence, is requesting a variance to several lots in the subdivision. He states that the severe topography is creating the need to push the houses further to the front on lots 5-9, 19 and 20. He would like to move the front setback from 60 feet to 20 feet, allowing a useable rear yard. Additionally, he is requesting a front setback reduction to 40 feet on lots 4, 22, 23 and 30, along with a front setback reduction to 45 feet on lot 3. On lot 21, Mr. Willis is requesting a reduction in the front setback to 50 feet. Finally, on lots 5-9, 19, and 20, the applicant proposes a 5 foot height variance. This will allow him to increase the maximum height of the house from 28 feet to 33 feet. Height is measured from average finished grade to the lowest part of the eave. Section 64-416,b states that the front setback for AG-1 lots is 60 feet. Section 64, 1141, c,1 states that there shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. Since the applicant proposes to set 13 houses less than 60 feet from the right of way, and to increase the height of seven houses to 33 feet, a two part variance is required. Page 4 of 13 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 7, 2016, the DRB offered the following comments:  You chose where to locate your roads. You sealed your own fate when you chose to put that road there when you can’t put a house on that side of the road.  I can only imagine what that’s going to look like with those homes super high.  If you had rock problems in the road, what makes you think that you won’t have rock problems on the lot?  My concern—what is that going to look like from the backside? If you cut a big house… everybody who drives by Summit Hill Elementary will be looking at a very tall house, and there’s no way that will go over well with the citizens.  Playing devil’s advocate--they could put a lot smaller homes that don’t conform to the rest of the neighborhood.  What is the plan b if the variances are not approved? It seems to me that you’d just put it where it doesn’t look as good.  The big question is going to be how it’s going to look like from the rural viewshed. If you move these house forward you’ll need to have a buy in from the existing homeowners.  In this situation, I think you have to get complete buy in and agreement.  Select the house based on the topography. Fit the houses to the lots, not the other way around.  These kind of lots are going to be very difficult resale lots; they are going to lower everybody’s property values. I’m glad you’re trying to work through this. Any home built on a road like that is going to end up decreasing in value. I’d rather have houses closer to the street in the neighborhood than Providence Road.  Is it possible to bring in more fill and make the 60 foot setback work?  I know walls are super expensive to build, but they would make the houses fit in better with the community.  A 30 foot wall along Providence would look horrible.  If I was the homeowner, I would want to see what house they are putting there. I’d have to see specifically on each lot what’s going to go there. Page 5 of 13 ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 2, 2016, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT JIMMY SANDERS 678.242.2543 No comments. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 Staff has met with the applicant several times. He has agreed to maintain the rural viewshed on the affected lots, as well as Architectural design review of the houses. ARBORIST STAFF CONTACT MARK LAW 678.242.2552 No comments. DOT/STORMWATER STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. Page 6 of 13 Standards for Consideration: The approval of a variance is based on the following consideration(s):  Relief, if granted would not offend the spirit or intent of the Ordinance.  There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant.  Relief, if granted would not cause a substantial detriment to the public good and surrounding properties.  That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: The applicant states that the severe topography creates a hardship condition on the lots submitted for this variance. The topography drops from the front curb to the rear of the lot in excess of 60’ to 80’ on many of the lots, and specifically 40’ or so across the buildable pad for the homes on Providence Road. The topography results in a situation with no usable rear yard area and a fully exposed basement on a massive sub wall. The topography creates an exceptional condition that makes the front setback a hardship that was not caused by the applicant. A reduction in the front setback will allow the home to move forward on the lot and would help create less rear exposure of the façades of the homes along Providence Road. The extreme topography on lots 5-9, 19, 20 also necessitates five feet of relief in the height requirement due to the downward sloping grade. Approval of the variances will benefit the subdivision’s appearance and function without negative impact on the intent of the zoning standard. There will be no negative effect to the citizens of Milton, or surrounding property owners since the setback relief will help bring an improved streetscape to the community. Finally, public safety, health and welfare has in no way been compromised with this variance. Page 7 of 13 The staff response:  The purpose and intent of the Ordinance is to promote uniformity among lots in AG-1 areas and to protect adjoining properties from unexpected development patterns. The lots subject to the variances will be different from the existing homes, however, the approved variance will allow the balance of the lots to be similarly situated on the lots. This will enhance the continuity of the subdivision.  The existing, extreme topography of this property creates an extraordinary and exceptional situation. As development proceeded, the applicant, realized that his current product would require massive sub walls and/or extensive decks, especially along Providence Road. These elements would not support the goals of the rural viewshed.  Relief if granted, would not cause a substantial detriment to the public good and surrounding properties. The approval of these two variances will allow the builder to build homes specifically suited to their lots. The applicant has worked with the existing residents to minimize the lots that required variances. Also, he has taken staffs’ suggestions and revised his stock product to create something uniquely suited to these lots. He has shown that he is willing to work with Staff to build homes that not only respect Milton’s rural viewshed, but will also be as high quality as the current homes in the subdivision, thus protecting the property values and quality of life of the existing homeowners.  Approval of these variance requests will not impede public safety, health and welfare. Pushing the houses forward, away from Providence Road will actually create quieter, safer, more useable rear lots. By working with staff, the applicant will ensure a pleasant streetscape which will enhance the subdivision. Recommended conditions: Should the Mayor and City Council choose to approve the application, Staff recommends the following conditions(s):  The lots along Providence Road shall maintain the 60 foot rural viewshed, including the 40 foot undisturbed buffer. The design of these houses shall meet rural viewshed requirements.  On the lots subject to height variances, the soffit shall be set at the ceiling of the first floor, causing the second floor massing to be achieved through dormers. The vertical plane should be broken in order to reduce the height impact on the massing of the building.  The houses subject to the reduced front setback shall include 8 foot deep porches.  The design of all houses subject to variances shall be reviewed and approved by the City Architect prior to the issuance of a building permit. Page 8 of 13 Staff recommendation:  Staff recommends approval with conditions of this request. Page 9 of 13 Page 10 of 13 REVISED LOT LIST Page 11 of 13 Page 12 of 13 Existing homes Page 13 of 13 Lots adjacent to Providence Road Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. V16-003 AN ORDINANCE APPROVING A VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, Georgia, while in regular session on the 20th day of June, 2016 at 6:00 PM, as follows: WHEREAS, on March 14, 2016, The Providence Group of Georgia Custom Homes, LLC, (“Providence”) submitted an application for a variance from the requirements of the City of Milton Zoning Ordinance for multiple lots in the Reserve at Providence subdivision (the “Subdivision”), which application was assigned Petition Number V16-003 (the “Application”); and WHEREAS, the Application sought to reduce the front setback from 60 feet to 50 feet for lot 21 60 feet to 45 feet for lot 3 60 feet to 40 feet for lots 4,22,23,30 60 feet to 20 feet for lots 5,6,7,8,9,19,20, of the Subdivision; and WHEREAS, the Application sought to increase the allowed height from 28 feet to 33 feet for lots 5,6,7,8, 9, 19, 20 of the Subdivision; and WHEREAS, the City Council conducted a properly noticed public hearing on June 20, 2016, to consider Providence’s Application; and WHEREAS, City of Milton finds that approval of the Application, subject to certain conditions to be in accordance with the City’s Zoning Ordinance and in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS ORDAINED BY THE AUTHORITY OF SAID COUNCIL: The City of Milton does hereby approve the variances, as referenced in the Preamble and as further requested in the Application - subject to the following conditions: 1. The lots along Providence Road shall maintain the 60 foot rural viewshed, including the 40 foot undisturbed buffer. The design of these houses shall meet rural viewshed requirements. Page 2 of 2 2. On the lots subject to height variances, the soffit shall be set at the ceiling of the first floor, causing the second floor massing to be achieved through dormers. The vertical plane should be broken in order to reduce the height impact on the massing of the building. 3. The houses subject to the reduced front setback shall include 8 foot deep porches. 4. The design of all houses subject to variances shall be reviewed and approved by the City Architect prior to the issuance of a building permit. Duly adopted this 20th day of June 2016. MILTON CITY COUNCIL ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, Clerk Ob HOMEOF'TH! - MILtUN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 16, 2016 FROM: Steven Krokoff, Interim City Manager a AGENDA ITEM: Consideration RZ16-02/VC16.01 - To Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to Develop 48 Single Family Homes on 63.57 Acres of an Overall Density of 0.755 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, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,JAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (,WO CITY ATTORNEY REVIEW REQUIRED: () YES uNO APPROVAL BY CITY ATTORNEY: () APPROVED NOT APPROVED PLACED ON AGENDA FOR: C6'2�(2c'f✓ REMARKS: ©*You® �,._+x PHONE: 678.242.25001 FAX: 678.242.2499 Greeo :w �°y+o w ��f. Commum 113000 DyormlHon9a.us l ,Suite 1 7 1 Milton G sib „I, 'ism J' 13000 Deerfield Parkway, Suite 107 Milton GA 30004 °'°''�°' ^^^^�° c Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 1 of 32 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 48 Single Family Residential lots* PETITIONER Brightwater Homes, LLC – Charlie Bostwick ADDRESS 230 Hammond Drive Sandy Springs, GA 30328 REPRESENTATIVE G Douglas Dillard Pursley Friese Torgrimson Promenade, Suite 1200 1230 Peachtree Street Atlanta, Ga 30309 INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 48 single family homes on 63.57 acres at an overall density of 0.755 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 2 of 32 RZ16-02/VC16-01 HISTORY OF REZONING REQUEST PLANNING COMMISSION RECOMMENDATION – FEBRUARY 24, 2016 RZ16-02/VC16-01 – DEFERRAL TO THE MARCH 23, 2016 PLANNING COMMISSION MEETING 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) MAYOR AND CITY COUNCIL RECOMMENDATION – APRIL 25, 2016 RZ16-02 – APPROVAL CONDITIONAL (4-2) FOR 45 LOTS VC16-01 – APPROVAL CONDITIONAL (4-2) This application was previously considered with a vote of approval by the City Council at the Council’s April 25, 2016 meeting; however, the City Council’s ordinance approving the application was vetoed by the Mayor on May 9, 2016. On May 16, 2016, the City Council failed to override the Mayor’s veto. As such, the application is being returned to the City Council for further consideration. COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 20, 2016 RZ16-02 – DENIAL VC16-01 – DENIAL Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 3 of 32 RZ16-02/VC16-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 4 of 32 RZ16-02/VC16-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 5 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 6 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 7 of 32 RZ16-02/VC16-01 48 Lot Development Plan (Yield Plan) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 8 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 9 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 10 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 11 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 12 of 32 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 June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 13 of 32 RZ16-02/VC16-01 Rendered Yield Plan Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 14 of 32 RZ16-02/VC16-01 Revised Site Plan Submitted on May 31, 2016 (48 Lots) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 15 of 32 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 48 single family residences at an overall density of 0.755 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 48 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 16 of 32 RZ16-02/VC16-01 Minimum CUP development size shall be four acres The CUP development size is 63.57 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 0.755 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-States 50 foot buffer 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 17 of 32 RZ16-02/VC16-01 OTHER SITE PLAN CONSIDERATIONS OF THE APPLICANT’S REVISED CONCEPTUAL SITE PLAN SUBMITTED MAY 31, 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 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 May 31, 2016 does show two “possible” detention areas and one detention area 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 northeast portion of the site and also possible septic drain field area just east of the entrance and lot #48 on the site plan submitted on May 31, 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 18 of 32 RZ16-02/VC16-01 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 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 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 site plan submitted May 31, 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 19 of 32 RZ16-02/VC16-01 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. 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 20 of 32 RZ16-02/VC16-01 FULTON COUNTY BOARD OF EDUCATION FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 21 of 32 RZ16-02/VC16-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 22 of 32 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 – April 5, 2016 Comments regarding revised site plan submitted March 17, 2016: • Biggest concern is the adjacent neighbors and neighbors down the street. • Community septic, I personally don’t disagree that it’s a better system. • Overwhelming concern, is what the road view is going to look like. Have a stakeholders meeting and do this same presentation. • I like the idea of people getting older, and they don’t want to have so much yard to take care of. I think that’s a great idea. • A great pitch is that…., you are building the subdivision and house to fit the land, not the land to fit the house. • When I started with this, I was not supportive… I thought it was a money issue. It’s going to cost you $300,000 to build a bridge or $300,000 to put the septic in. When you educate the public on the functionality of the technology and how its evolving….educating people about that is a good thing. Moving the houses off the road…you’re being a good neighbor. I think you are doing the right thing that would be of the best interest of the neighbors. I’m starting to believe that this is a good idea for this particular piece of land. 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 23 of 32 RZ16-02/VC16-01 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 48 lot single family residential subdivision developed at a density of 0.755 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 but are a minimum of 50 feet adjacent to the AG-1 properties. It is Staff’s opinion that the applicant can create a more appropriate development pattern by moving a portion of 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 adversely affects the existing use or usability of the adjacent properties based on the location and size of the lots to the west, east and along Ebenezer Road. The parcel 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 will have a minimal impact on the Crabapple Crossing Elementary, Northwestern Middle School, and Milton High School. Although all three Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 24 of 32 RZ16-02/VC16-01 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 Proposed use/density: Single Family Residential at 0.755 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 comm unity’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 revised site plan submitted on May 31, 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 S taff Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 25 of 32 RZ16-02/VC16-01 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 revised site plan submitted on May 31, 2016, Staff has provided the attached Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 26 of 32 RZ16-02/VC16-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 27 of 32 RZ16-02/VC16-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 28 of 32 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 48 total dwelling units at a maximum density of 0.755 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 site plan submitted on May 31, 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 29 of 32 RZ16-02/VC16-01 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 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 – 50 feet j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of building permit, the City Architect shall have the right to review the exterior elevations to ensure that the exterior architecture is in general conformity to the Architectural Conditions as outlined in Conditions 5a. and 5b. l) Prior to issuance of the Land Disturbance Permit, Owner shall have concluded and presented to the City of Milton Arborist for comment only a tree report of the subject site. 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, with the exception of removal of invasive species or establishment of nature trails (of mulch or natural materials only). Existing pasture areas may be maintained to keep in pastoral state (removal of privet or invasive species, intermittent mowing, etc). 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 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. Such Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 30 of 32 RZ16-02/VC16-01 interparcel access shall not be the primary entrance to future development unless otherwise approved by the Owner and the City of Milton. 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. d) It is the desire and intention of the owner and surrounding property owners to maintain the rural look and feel of Ebenezer Road and Sweet Apple Road. In Furtherance thereof, Sweet Apple Road should remain as a gravel road without improvement. Ebenezer Road should similarly remain as presently configured. As it is intended that the interior roads for the development be public, the owner agrees to dedicate at no cost to the City of Milton prior to the plat recording, sufficient land as required by the City of Milton Public Works Department for a spine road accessing the subject property from Ebenezer Road with the first 200 feet being improved as a rural road section in keeping with the rural feel of Ebenezer Road. The interior neighborhood roads shall be improved with curb, gutter and sidewalk as should be required by the City of Milton Public Works Department. 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: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 31 of 32 RZ16-02/VC16-01 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. 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 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/16/2016 Page 32 of 32 RZ16-02/VC16-01 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 issuance of land disturbance permit, 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 if regulated by Fulton County. 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. d) Shall reserve not less than 50% of the total buildable area as Open Space, which Open Space shall be placed in a permanent conservation easement or other similarly binding instrument or arrangement as approved by the Community Development Director, in order to preserve the Open Space against future development. Page 1 of 10 ORDINANCE NO._______ PETITION NO. RZ16-02/VC16-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 48 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 June 20, 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 48 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 20th day of June, 2016. Page 2 of 10 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 10 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 48 total dwelling units at a maximum density of 0.755 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 site plan submitted on May 31, 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 10 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 – 50 feet j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of building permit, the City Architect shall have the right to review the exterior elevations to ensure that the exterior architecture is in general conformity to the Architectural Conditions as outlined in Conditions 5a. and 5b. l) Prior to issuance of the Land Disturbance Permit, Owner shall have concluded and presented to the City of Milton Arborist for comment only a tree report of the subject site. 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, with the exception of removal of invasive species or establishment of nature trails (of mulch or natural materials only). Existing pasture areas may be maintained to keep in pastoral state (removal of privet or invasive species, intermittent mowing, etc). 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 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. Such interparcel access shall not be the primary entrance to future development unless otherwise approved by the Owner and the City of Milton. 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 10 d) It is the desire and intention of the owner and surrounding property owners to maintain the rural look and feel of Ebenezer Road and Sweet Apple Road. In Furtherance thereof, Sweet Apple Road should remain as a gravel road without improvement. Ebenezer Road should similarly remain as presently configured. As it is intended that the interior roads for the development be public, the owner agrees to dedicate at no cost to the City of Milton prior to the plat recording, sufficient land as required by the City of Milton Public Works Department for a spine road accessing the subject property from Ebenezer Road with the first 200 feet being improved as a rural road section in keeping with the rural feel of Ebenezer Road. The interior neighborhood roads shall be improved with curb, gutter and sidewalk as should be required by the City of Milton Public Works Department. 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 Page 6 of 10 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. 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 issuance of land disturbance permit, 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 if regulated by Fulton County. 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 Page 7 of 10 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. d) Shall reserve not less than 50% of the total buildable area as Open Space, which Open Space shall be placed in a permanent conservation easement or other similarly binding instrument or arrangement as approved by the Community Development Director, in order to preserve the Open Space against future development. Page 8 of 10 Page 9 of 10 Page 10 of 10 REVISED SITE PLAN SUBMITTED MAY 31, 2016 HOME OF'THE BEST QUALITY OF LIFE IN GOO MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 16, 2016 FROM: Steven Krokoff, Interim City Manager (6,fl A AGENDA ITEM: Consideration of A Resolution to Regulate and Provide for the Election to Determine the Issuance or Non -Issuance of City of Milton General Obligation Bonds; To Provide for the Date; Maximum Rate of Interest and Schedule of Maturities that said Bonds shall bear; to Provide for the Levy and Collection of Taxes to Service said Bonded Indebtedness, if so authorized; and for Other Purposes. MEETING DATE: Monday, June 20, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED / J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (IVES (J NO CITY ATTORNEY REVIEW REQUIRED: (,IPES (J NO APPROVAL BY CITY ATTORNEY. /.VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR:Gb�IG,% Lao REMARKS: YOUGM PHONE: 678.242.25001 FAX: 678.242.2499 '�`Gre`eri *c..ied' info@citYofMIItonga.us l www.aRyofnI*:nga.ua 1M.1CO_MMnl aw 13000 Deerfield Parkway, Suite 107 1 Milton GA 3W04 Y1 - __^^___ ••_•:a STATE OF GEORGIA RESOLUTION NO. 16-06-375 COUNTY OF FULTON A RESOLUTION TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION TO DETERMINE THE ISSUANCE OR NON- ISSUANCE OF CITY OF MILTON GENERAL OBLIGATION BONDS; TO PROVIDE FOR THE DATE, MAXIMUM RATE OF INTEREST AND SCHEDULE OF MATURITIES THAT SAID BONDS SHALL BEAR; TO PROVIDE FOR THE LEVY AND COLLECTION OF TAXES TO SERVICE SAID BONDED INDEBTEDNESS, IF SO AUTHORIZED; AND FOR OTHER PURPOSES WHEREAS, the Council (the “City Council”) of the City of Milton, Georgia (the “City”) has caused a thorough study to be made of the need for conservation land and interests in conservation land (collectively, the “Projects”), and such investigation discloses the urgent need for such Projects; and WHEREAS, the City Council has determined that the most feasible plan for providing funds to finance the costs of the Projects is for the City to issue its general obligation bonds, in an aggregate principal amount not to exceed $25,000,000 (the “Bonds”), pursuant to the Constitution and laws of the State of Georgia; and WHEREAS, under the Constitution and laws of the State of Georgia, it is necessary to submit to the qualified voters of the City the question of whether or not the Bonds should be issued for the purpose of financing the Projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Milton, and it is hereby resolved by authority of the same, as follows: Section 1. Call for Election. There is hereby called to be held in all the election districts in the City, on November 8, 2016, an election (the “Election”) for the purpose of submitting to the qualified voters of the City the question of whether the Bonds should be issued for the purpose of financing the Projects, the costs of issuing the Bonds and capitalized interest on the Bonds. The Bonds, if so authorized, may be issued in whole or in part and in one or more series. The Bonds shall be dated the first day of the calendar month in which the Bonds are issued or the day the Bonds are issued and shall bear interest at rates not exceeding 6.95% per year (based upon a 360-day year comprised of twelve thirty-day months). The principal shall mature (by scheduled maturity or by mandatory redemption) in the years and amounts, as follows: 2 Year Amount 2019 $ 945,000 2020 975,000 2021 1,010,000 2022 1,045,000 2023 1,085,000 2024 1,125,000 2025 1,165,000 2026 1,205,000 2027 1,245,000 2028 1,290,000 2029 1,340,000 2030 1,385,000 2031 1,435,000 2032 1,485,000 2033 1,540,000 2034 1,595,000 2035 1,650,000 2036 1,710,000 2037 1,770,000 The Bonds may be made subject to redemption prior to maturity upon the terms and conditions to be determined by the City Council. Section 2. Form of Ballot. The ballot to be used in the Election shall be substantially in the form set forth in Notice of Election attached as Exhibit A hereto (the “Notice of Election”). The caption of the ballot shall be “CONSERVATION LAND, WILDLIFE HABITAT, NATURAL AREA, AND TRAILS BOND.” Section 3. Manner of Election. The Election shall be held in accordance with the election laws of the State of Georgia and any other applicable laws (the “Election Laws”). The returns of the Election shall be made to the City and the Fulton County Board of Registrations and Elections (the “Elections Board”), who shall, in the presence of and together with the several managers of the polls, bring up the returns, consolidate the returns and declare the results of the Election in the manner required by law. Section 4. Publication of Call and Notice of Election. A Call of the Election substantially in the form attached as Exhibit B hereto (the “Call”) shall be published in The Milton Herald and the Fulton County Daily Report (the “Legal Organs”) at least 90 days preceding the Election. The Notice shall be published in the Legal Organs at least 30 days preceding the Election and once a week thereafter up to and including the week before the Election. 3 Section 5. Notice to Elections Board. The City Clerk is hereby ordered and directed to forthwith furnish the Elections Board with a duly certified copy of this resolution with a request that the Elections Board join in the call of the Election and take any and all actions required to hold the Election in accordance with the Election Laws Section 6. Tax Levy. Should the Bonds be authorized by the requisite number of qualified voters, the City Council shall levy a tax upon all the property subject to taxation for general obligation bond purposes within the City sufficient in amount to pay the princi pal of and the interest on the Bonds as the same shall become due. Section 7. Brochures. Any brochures, listings or other advertisements issued by the City or any other person, firm, corporation or association with the knowledge and consent of the City, shall be deemed to be a statement of intention of the City concerning the use of the proceeds of the Bonds; and such statement of intention shall be binding on the City in the expenditure of any such Bond funds or interest received from such Bond funds which have been invested. Section 8. Bond Audit Waiver. The City Council waives the independent performance audit or performance review referred to in O.C.G.A. §36-82-100. Section 9. General Authority. The proper officers, employees and agents of the City are hereby authorized to take any and all further actions as may be required in connection with the Election. Section 10. Repealer. Any and all resolutions or parts thereof in conflict with this resolution this day passed be and they are hereby repealed. . Section 11. Effective Date. This resolution shall take immediate effect upon its adoption. [Remainder of Page Intentionally Left Blank] 4 ADOPTED AND APPROVED this 20th day of June, 2016. CITY OF MILTON, GEORGIA By: Mayor (SEAL) Attest: Clerk EXHIBIT A NOTICE OF BOND ELECTION TO THE QUALIFIED VOTERS OF THE CITY OF MILTON, GEORGIA YOU ARE HEREBY NOTIFIED that on November 8, 2016, an election will be held in all of the election districts of the City of Milton, Georgia (the “City”), at which election there will be submitted to the qualified voters of the City the question for their determination of whether the City should issue general obligation bonds, in an aggregate principal amount not to exceed $25,000,000 (the “Bonds”), for the purpose of financing the projects listed in the form of the ballot below, the costs of issuing the Bonds and capitalized interest on the Bonds. The Bonds, if so authorized, may be issued in whole or in part and in one or more series. The Bonds shall be dated the first day of the calendar month in which the Bonds are issued or the day the Bonds are issued and shall bear interest at rates not exceeding 6.95% per year (based upon a 360-day year comprised of twelve thirty-day months). The principal shall mature (by scheduled maturity or by mandatory redemption) in the years and amounts, as follows: Year Amount 2019 $ 945,000 2020 975,000 2021 1,010,000 2022 1,045,000 2023 1,085,000 2024 1,125,000 2025 1,165,000 2026 1,205,000 2027 1,245,000 2028 1,290,000 2029 1,340,000 2030 1,385,000 2031 1,435,000 2032 1,485,000 2033 1,540,000 2034 1,595,000 2035 1,650,000 2036 1,710,000 2037 1,770,000 The principal of and interest on the Bonds shall be payable in lawful money of the United States of America at a bank or banks to be designated later. A-2 Voters desiring to vote for the issuance of the Bonds shall do so by voting “YES” and voters desiring to vote against the issuance of the Bonds shall do so by voting “NO” as to the questions propounded substantially as follows: “Shall general obligation bonds in an aggregate principal of up to twenty-five million dollars be issued by the City of Milton, Georgia to acquire conservation land and interests in conservation land for the purposes of providing recreational trails, protecting natural areas and wildlife habitat, preserving agricultural land, protecting the water quality of rivers and streams and providing parks and park improvements?” The several places for holding said election shall be in the regular and established election districts of the City, and the polls will be open from 7:00 A.M. to 7:00 P.M. on the said date fixed for the election. Those qualified to vote at said election shall be determined in all respects in accordance and in conformity with the laws of the State of Georgia. The last day to register to vote in this election shall be October 11, 2016. Those residents qualified to vote at said election shall be determined in all respects in accordance with election laws of the State of Georgia. Any brochures, listings or other advertisements issued by the City or by any other person, firm, corporation or association with the knowledge and consent of the City, shall be deemed to be a statement of intention of the City concerning the use of the proceeds of the Bonds; and such statement of intention shall be binding on the City in the expenditure of any such Bond funds or interest received from such Bond funds which have been invested. Pursuant to O.C.G.A. Section 36-82-100, the City notifies all interested parties that no independent performance audit or performance review (the “Bond Audit”) will be conducted with respect to the Bonds. However the City will continue to ensure that Bond proceeds are expended efficiently and economically, as intended by the Bond Audit. A-3 This notice is given pursuant to joint action of the City Council and the Fulton County Board of Elections and Registration. CITY OF MILTON, GEORGIA By:_______________________________________ Its Mayor A-4 FULTON COUNTY BOARD OF ELECTIONS AND REGISTRATION By:_______________________________________ Its Chairman EXHIBIT B NOTICE OF CALL OF BOND ELECTION TO THE QUALIFIED VOTERS OF THE CITY OF MILTON, GEORGIA YOU ARE HEREBY NOTIFIED THAT the City of Milton, Georgia (the “City”) and the Fulton County Board of Elections and Registration have called an election in all of the election districts of the City, to be held on November 8, 2016, at which election there will be submitted to the qualified voters of the City the question for their determination of whether the City should issue general obligation bonds, in an aggregate principal amount not to exceed $25,000,000 (the “Bonds”), for the purpose of financing conservation land and interests in conservation land, the costs of issuing the Bonds and capitalized interest on the Bonds. The several places for holding said election shall be in the regular and established election districts of the City, and the polls will be open from 7:00 A.M. to 7:00 P.M. on the said date fixed for the election. Those qualified to vote at said election shall be determined in all respects in accordance and in conformity with the laws of the State of Georgia. The last day to register to vote in this election shall be October 11, 2016. Those residents qualified to vote at said election shall be determined in all respects in accordance with election laws of the State of Georgia. Any brochures, listings or other advertisements issued by the City or by any other person, firm, corporation or association with the knowledge and consent of the City, shall be deemed to be a statement of intention of the City concerning the use of the proceeds of the Bonds; and such statement of intention shall be binding on the City in the expenditure of any such Bond fu nds or interest received from such Bond funds which have been invested. Pursuant to O.C.G.A. Section 36-82-100, the City notifies all interested parties that no independent performance audit or performance review (the “Bond Audit”) will be conducted with respect to the Bonds. However the City will continue to ensure that Bond proceeds are expended efficiently and economically, as intended by the Bond Audit. B-2 This notice is given pursuant to joint action of the City Council and the Fulton County Board of Elections and Registration. CITY OF MILTON, GEORGIA By:_______________________________________ Its Mayor B-3 FULTON COUNTY BOARD OF ELECTIONS AND REGISTRATION By:_______________________________________ Its Chairman CLERK’S CERTIFICATE The undersigned Clerk of the City of Milton, Georgia (the “City”) DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution passed by the Council of the City at a meeting duly held on June 20, 2016, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of said resolution appears of record in the Minute Book of the City, which is in my custody and control. Witness my hand and seal of the City, this 20th day of June, 2016. _ Clerk (SEAL)