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Agenda Packet CC - 07/25/2016 - City Council Agenda Packet - 7-25-2016
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, July 25, 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. 16-158) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 25, 2016 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the Financial Statements for the Period Ending June, 2016. (Agenda Item No. 16-159) (Bernadette Harvill, Finance Manager) 2. Approval of a Professional Services Agreement between the City of Milton and Ed Castro Landscape Inc. for Landscape Maintenance at Fire Stations 41& 43. (Agenda Item No. 16-160) (Carter Lucas, Assistant City Manager)) 6) REPORTS AND PRESENTATIONS 1. Presentation of Way Finding Signage. (Michele McIntosh-Ross, Principal Planner) 2. Presentation by Children’s Charities, Inc. for an All Inclusive Play Project Park. (Jim Cregge, Parks & Recreation Director) 3. Presentation on Arts Council Formation. (Sarah LaDart, Economic Development Manager) 7) FIRST PRESENTATION 8) PUBLIC HEARING ALCOHOL BEVERAGE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Branch Kitchen Concepts – dba Indigo, Located at 12635 Crabapple Rd., Ste. 110-120, Milton, GA 30004. (Agenda Item No. 16-161) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 25, 2016 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA 1. Consideration of V16-003 – The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes, LLC Requested Variances (Section 4-416.b and Section 64.1141.c.1). The reduction of the front setback from: 60 feet to 50 feet, lots 3, 19, 21, 23; 60 feet to 45 feet, lots 20, 30; 60 feet to 40 feet, lots 4, 9, 22; 60 feet to 30 feet, lots 5, 6, 7, 8 . The increase in the allowed height from: 28 feet to 33 feet, lots 5, 6, 7, 8, 9, 19, 20. (Agenda Item No. 16-131) (First Presentation at June 6, 2016 Regular City Council Meeting) (Deferred at June 20, 2016 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct an Election (Bond Referendum). (Agenda Item No. 16-161) (First Presentation at July 11, 2016 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Community Development 2. Information Technology 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-162) TO: FROM: AGENDA ITEM: MEETING DATE: HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' M I LTONI ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 18, 2016 Steven Krokoff, City Manager Approval of the Financial Statements for the Period Ending June, 2016. Monday, July 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY. () APPROVED PLACED ON AGENDA FOR: C� i' 7-37 ZLIG REMARKS: © You( PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED (.?lo ( SIO () NOT APPROVED ',Gre bm en or WIL Community +'+•+ -- CERTIFIED BRONZE - *C Certified * TPP 1 W City of 3 Arw To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Manager Date: Submitted on July 14, 2016 for the July 25, 2016 Regular Council Meeting Agenda Item: Financial Statements for Period 9 – June 2016 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 1.03% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $27,466,706 and are 2.20% 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 $5,309,353. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2016 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 9,902,000 9,763 10,500 (737) 359,804 342,000 17,804 Motor Vehicle Tax 975,000 47,946 81,250 (33,304) 492,606 650,000 (157,394) Intangible Tax 200,000 47,493 16,667 30,826 160,593 133,333 27,260 Real Estate Transfer Tax 85,000 14,719 7,083 7,636 61,746 56,667 5,079 Franchise Fees 1,900,000 73,741 161,500 (87,759) 1,187,366 1,078,343 109,024 Local Option Sales Tax 8,300,000 702,303 691,667 10,636 5,669,510 5,533,333 136,176 Alcohol Beverage Excise Tax 295,000 26,492 24,583 1,909 193,898 196,667 (2,769) Business & Occupation Tax 650,000 3,347 3,250 97 639,935 630,500 9,435 Insurance Premium Tax 1,800,000 - - - - - - Financial Institution Tax 39,000 - - - 46,001 39,000 7,001 Penalties & Interest 32,300 3,567 2,692 876 32,411 24,225 8,186 Alcohol Beverage Licenses 145,000 - - - 140,450 139,200 1,250 Other Non-Business Permits/Licenses 16,800 1,340 1,400 (60) 17,998 12,600 5,398 Zoning & Land Disturbance Permits 217,100 15,880 18,092 (2,212) 145,527 162,825 (17,298) Building Permits 480,000 30,576 40,000 (9,425) 339,551 360,000 (20,449) Intergovernmental Revenue - - - - - - - Other Charges for Service 600,000 38,069 43,608 (5,539) 432,918 433,455 (537) Municipal Court Fines 550,000 45,994 45,833 161 409,862 412,500 (2,638) Interest Earnings 20,450 3,875 1,704 2,170 33,036 15,338 17,699 Contributions & Donations - 500 - 500 10,964 - 10,964 Other Revenue 47,628 15,238 3,969 11,269 89,348 35,721 53,627 Other Financing Sources 9,973,171 299 299 - 9,936,684 9,936,684 - Total Revenues 36,228,449 1,081,140 1,154,097 (72,957)20,400,210 20,192,389 207,821 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 171,375 12,460 13,736 (1,276) 114,877 126,425 (11,548) City Clerk 193,574 11,080 12,517 (1,437) 123,590 137,924 (14,334) City Manager 705,273 38,955 48,304 (9,349) 523,477 533,244 (9,766) General Administration 43,557 1,850 3,388 (1,538) 30,216 33,393 (3,177) Finance 427,877 22,463 30,180 (7,717) 309,850 322,442 (12,591) Legal 230,000 12 - 12 193,154 153,333 39,821 Information Technology 837,203 47,957 54,205 (6,248) 595,151 663,411 (68,260) Human Resources 341,602 16,554 19,684 (3,130) 190,933 202,493 (11,560) Risk Management 216,328 - - - 140,476 140,476 - General Government Buildings 396,421 32,202 33,035 (833) 289,815 297,316 (7,501) Public Information & Marketing 309,345 13,270 21,317 (8,047) 194,028 231,908 (37,880) Municipal Court 323,708 20,264 23,770 (3,505) 206,719 242,059 (35,339) Police 4,202,095 291,124 308,494 (17,370) 3,027,735 3,126,600 (98,864) Fire 5,997,260 391,395 432,574 (41,179) 4,333,338 4,548,296 (214,957) Public Works 2,086,601 106,963 153,844 (46,881) 1,418,493 1,488,691 (70,198) Parks & Recreation 1,509,405 54,436 41,817 12,619 860,024 878,214 (18,191) Community Development 688,885 45,807 52,769 (6,961) 466,724 506,532 (39,808) Economic Development 78,588 4,674 3,634 1,039 56,894 59,628 (2,734) Debt Service - Capital Lease Payment - - - - - - - Operating Transfers to Other Funds 22,500,005 2,702,931 2,702,931 - 14,391,211 14,391,211 - Operating Reserve 187,401 - - - - - - Total expenditures 41,446,503 3,814,398 3,956,200 (141,802)27,466,706 28,083,595 (616,889) Net Income/(Loss)(5,218,054)(2,733,258)(7,066,496) Fund Balance - Beginning 10,081,237 10,081,237 Fund Balance - Ending 4,863,183 3,014,741 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$ 70$ 170$ (1,830)$ Hometown Jubilee Vendor Fee 1,000 - - (1,000) Interest Revenues - 1 7 7 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$ 71$ 6,112$ (17,388)$ EXPENDITURES Current: Special Events 79,140$ 1,266$ 57,330$ 21,810$ Total Expenditures 79,140$ 1,266$ 57,330$ 21,810$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 47,000$ 6,452$ 39,531$ (7,469)$ Total other financing sources and uses 47,000$ 6,452$ 39,531$ (7,469)$ Net change in fund balances (8,640)$ (11,688)$ Fund balances - beginning 30,712 30,712 Fund balances - ending 22,072$ 19,024$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 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 - 1,733 49,262 49,262 Interest Revenues/State Funds - 2 16 16 Interest Revenues/Federal Funds - 4 49 49 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 1,739$ 49,328$ 49,328$ EXPENDITURES Current: Police -$ 991$ 83,454$ (83,454)$ Total Expenditures -$ 991$ 83,454$ (83,454)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ (34,126)$ Fund balances - beginning 202,497 202,497 Fund balances - ending 202,497$ 168,371$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 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$ 38,028$ 504,994$ (385,006)$ Interest Revenue - - 12 78 78 Total revenues 890,000$ 890,000$ 38,040$ 505,072$ (384,928)$ EXPENDITURES Current: Public Safety 909,080$ 909,080$ 1,604$ 301,666$ 607,414$ Total Expenditures 909,080$ 909,080$ 1,604$ 301,666$ 607,414$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ -$ Operating Transfer Out to Capital Projects 300,000$ 43,626$ 7,271$ 21,813$ (21,813)$ Net change in fund balances (319,080)$ (62,706)$ 181,593$ Fund balances - beginning 62,719 768,794 62,719 Fund balances - ending (256,361)$ 706,088$ 244,313$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 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$ 6,452$ 39,531$ (27,469)$ Total revenues 67,000$ 6,452$ 39,531$ (27,469)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 47,000 6,452 39,531 (7,469) Total other financing sources and uses 67,000$ 6,452$ 39,531$ (27,469)$ 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 June 30, 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$ -$ 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 500 500 104 703 203 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 210,500 210,500 104$ 143,465$ (67,035)$ EXPENDITURES Capital Outlay City Council 710,069$ 710,069$ -$ 2,301$ 707,768$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg - 9,935,171 547,478 2,409,876 7,525,295 Finance - - - - - IT - - - - - Court 100,000 55,000 715 715 54,285 Police 1,079,618 1,079,618 6,084 170,139 909,479 Fire 2,541,748 2,541,748 3,550 178,279 2,363,469 Public Works 8,614,121 8,678,121 50,234 2,445,081 6,233,040 Parks & Recreation 2,318,210 2,318,210 - 70,210 2,248,000 Community Development 247,207 327,207 25,888 32,753 294,454 Total Capital Outlay 15,624,735$ 25,658,906$ 633,950$ 5,309,353$ 20,349,553$ Excess of revenues over expenditures (15,414,235) (25,448,406) (633,846) (5,165,888) (20,416,588) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 8,327,979$ 18,763,150$ 2,433,193$ 11,463,570$ (7,299,580)$ Transfers in from E-911 Fund 300,000$ 43,626$ 7,271$ 21,813$ (21,813)$ 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 11,485,383 (7,321,393) Net change in fund balances (6,786,256) (6,641,630) 6,319,494 Fund balances - beginning 7,224,493 7,224,493 7,224,493 Fund balances - ending 438,237$ 582,863$ 13,543,987$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 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 - - 40 163 163 Total revenues 6,889,424$ 6,889,424$ 40$ 413,844$ (6,475,580)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 6,212,525$ 5,712,525$ 49,291$ 548,639$ 5,163,886$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 6,217,425$ 5,717,425$ 49,291$ 548,639$ 5,168,786$ Excess of revenues over expenditures 671,999 1,171,999 (49,251) (134,795) (1,306,794) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,411,202$ 911,202$ 34,267$ 808,402$ (102,800)$ Transfers in to General Fund - - -$ -$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses 1,411,202$ 911,202$ 34,267$ 808,402$ (102,800)$ Net change in fund balances 2,083,201 2,083,201 673,607 Fund balances - beginning (2,082,969) (2,082,969) (2,082,969) Fund balances - ending 232$ 232$ (1,409,363)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2016 Page 8 of 10 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund -$ 2,884$ 17,592$ 17,592$ Law Enforcement Fund - 1,328$ 11,573$ 11,573$ Fire Fund - 7,610$ 66,316$ 66,316$ Road Fund - 9,497$ 82,760$ 82,760$ Park Fund - 77,689$ 425,734$ 425,734$ Interest Revenues - 29 93$ 93$ Total revenues -$ 99,037$ 604,068$ 604,068$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures - 99,037 604,068 604,068 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 604,068 Fund balances - beginning - - Fund balances - ending -$ 604,068$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 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 - 1,196 1,196 Contributions & Donations - - - - - Total revenues -$ -$ -$ 1,196$ 1,196$ EXPENDITURES Capital Outlay General Government Buildings 9,935,171$ -$ -$ -$ -$ Parks & Recreation 822,974 822,974 68,348 773,119 49,855 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$ 68,348$ 926,648$ 762,460$ Excess of revenues over expenditures (11,624,279) (1,689,108) (68,348) (925,453) 763,655 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 2,825,653$ 2,825,653$ 235,471$ 2,119,240$ (706,413)$ Transfers out to General Fund -$ (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)$ 235,471$ (7,126,064)$ (706,414)$ Net change in fund balances (8,108,758) (8,108,758) (8,051,516) Fund balances - beginning 8,109,005 8,109,005 8,109,005 Fund balances - ending 247$ 247$ 57,489$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2016 Page 10 of 10 HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA.' M.ILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 18, 2016 FROM: Steven Krokoff, City Manager( AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and and Ed Castro Landscape, Inc. for Landscape Maintenance of Fire Station 41 & 43. MEETING DATE: Monday, July 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.(YES CITY ATTORNEY REVIEW REQUIRED: (('ES APPROVAL BY CITY ATTORNEY: (APPROVED PLACED ON AGENDA FOR: O'l I �0 w, REMARKS: (J NOT APPROVED (J NO (J NO (J NOT APPROVED ® You PHONE: 678.242.25001 FAX: 678.242.2499 'Green 'w *cett,e�a* info@cityofmiltonga.us I www.cityofmiltonga.us �� Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on July 12th, 2016 for the July 25th 2016 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Ed Castro Landscape Inc. for Landscape Maintenance 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 Professional Services Agreement with Ed Castro Landscape Inc. in an amount not to exceed $30,000.00. The amount of $12,077.00. covers the base maintenance scope. The contract is also includes an additional $17,923.00 for supplemental work called out in the bid document. Bid Summary: Firm Bid Ed Castro Landscape $ 12,077.00 Seasons Landscapes $ 34,169.00 Tri Scapes Inc. $ No Bid 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 (6/9/2016) Concurrent Review: Steve Krokoff, Interim City Manager Attachment(s): Professional Services Agreement HOME OF "�'E 3EST 0L'4Lr1Y OF !,F_ i'N OECRGIA' MILTON*t ESTABLISHED 17 PROFESSIONAL SERVICES AGREEMENT FIRE STATION LANDSCAPE MAINTENANCE SERVICES This Agreement made and entered into this day ofA&V , in the year 2016, by and between The City of Milton, Georgia (sometimes referred to herein as the "Ci y"), 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 Ed Castro Landscape, Inc., (the "Service Provider") a Georgia corporation having its principal place of business at 1125 Old Ellis Rd., Roswell, GA 30076, with the City and Service Provider together referred to herein as the "Parties." WHEREAS, the City of Milton will require certain landscaping services at City of Milton Fire Stations #41 and #43 beginning upon the issuance of a Notice to Proceed by the City (the "Project"); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Service Provider has represented that it specializes in landscaping services and that it is qualified by training and experience to perform the Work for the Project. NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the Parties agree as follows: 1.0 Scope of Work; Compensation 1.1 The Service Provider agrees to provide the landscape maintenance services listed in Exhibit "A", attached hereto and incorporated herein by reference (with revised mulch pricing), in the quantities and at the times requested by the City (the "Work"). All services shall be provided in accordance with the more particular applicable requirements set forth in the Scope of Work, Exhibit "B," and the Contractor's Bid, Exhibit "C", attached hereto and incorporated herein by reference, except to the extent inconsistent with this Agreement or specific instructions for provided by the City. No payments will be made for unauthorized work. Invoices should be submitted to Chief Robert Edgar, 750 Hickory Flat Rd, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 1.1.1 Requests for Service. Upon receipt of a Notice to Proceed from the City, the Service Provider shall meet with Fire Chief Robert Edgar or his representative to establish a system for coordinating service delivery. The City (through Chief Edgar or other representative) shall have the responsibility for establishing a schedule of services and/or for requesting services as they are needed, and Service Provider shall have the duty to promptly comply with any reasonable schedule or request submitted by the City. This Agreement does not obligate the City to request any specific amount or type of service. 1. 1.2 Limit on Provision of Services. Service Provider shall provide a written cost estimate to the City for any discrete project expected to exceed $500 (based on applicable unit prices), and shall obtain written approval from the City before providing services on the project surpassing that cost estimate. In no event may Service Provider provide services that result in a total term bill in excess of the Maximum Term Cost (as defined below), absent the execution of an appropriate change order. 1.1.3 Materials. All fertilizer and pesticide materials must be used in strict accordance with label directions. Chemicals used will conform to current state and federal regulations. If requested by the City, the Service Provider shall provide the City with copies of Material Safety Data Sheets for fertilizer and pesticides used. 1.2 City agrees to pay Service Provider for the services performed by Service Provider upon the City's certification that the services were actually performed in accordance with this Agreement. The compensation for Work performed shall be based on the unit prices set forth in Exhibit "A". The aforementioned unit prices shall be the sole basis for Service Provider's compensation, Service Provider shall not be entitled to any additional cost reimbursement, and Service Provider represents that these amounts are sufficient to perform all of the Work contemplated by this Agreement. Compensation for services performed shall be paid to Service Provider upon the City's receipt and approval of an invoice, submitted monthly, setting forth in detail the services performed. Notwithstanding any other provision to the contrary, the total amount paid in any term of this Agreement shall not exceed $30,000.00 (the "Maximum Term Cost"), except as modified in a duly executed change order. 1.3 Service Provider shall take no calculated risk in the performance of the Work. Specifically, Service Provider agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Service Provider's industry, Service Provider will give written notice thereof immediately to the City. 1.4 The City reserves the right to modify the provisions of this Agreement, including by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Service Provider and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation. Where the City requests additional types of services not listed in Exhibit "A", the Parties shall follow the provisions for requests of Extra Work set forth in paragraph 8 of the Scope of Work in Exhibit "B." All Extra Work shall be performed in accordance with applicable provisions of the Scope of Work. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Service Provider shall proceed with the changed work. 1.5 Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for compensation in excess of the Maximum Term Cost shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Service Provider. 1.6 The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. 2.0 Independent Contractor 2.1. The Service Provider is an independent contractor. The Service Provider is not an employee, agent or representative of the City of Milton. 2 2.2 Inasmuch as the City of Milton and the Service Provider are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Service Provider agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Service Provider to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. The Service Provider shall assume full liability for any contracts or agreements the Service Provider enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. The Service Provider agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Service Provider. Any provisions of this Agreement that may appear to give the City the right to direct Service Provider as to the details of the services to be performed by Service Provider or to exercise a measure of control over such services will be deemed to mean that Service Provider shall follow the directions of the City with regard to the results of such services only. 3.0 Indemnification The Service Provider covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Service Provider shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Service Provider shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Service Provider, any sub -Service Provider, anyone directly or indirectly employed by the Service Provider or sub -Service Provider or anyone for whose acts or omissions the Service Provider or sub - Service Provider may be liable, regardless of whether or not the offending act or omission is caused in part by a party indemnified hereunder. 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 the City or any of its agents or employees, by any employee of the Service Provider, any sub -Service Provider, anyone directly or indirectly employed by the Service Provider or sub -Service Provider or anyone for whose acts or omissions the Service Provider or sub - Service Provider may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Service Provider or any sub -Service Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Service Provider shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Service Provider, its agents, representatives, employees or sub -Service Providers. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Service Provider shall maintain limits no less than: (a) Commercial General Liability of $1,000,000 combined single limit per occurrence with comprehensive coverage including but not limited to coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) 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 Service Provider; products and completed operations of the Service Provider; premises owned, leased, or used by the Service Provider; automobiles owned, leased, hired, or borrowed by the Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Service Provider's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. 4 (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Service Provider for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from Work performed by the Service Provider for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Service Provider under the terms of this Agreement, including but not limited to Section 3 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII. (6) Verification of Coverage: Service Provider shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Service Provider's insurer in its 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 Service Provider shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub -Service Providers: Service Provider shall include all sub -Service Providers as insureds under its policies or shall furnish separate certificates and endorsements for each sub -Service Provider. All coverage for sub - Service Providers shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insured. (8) Claims -Made Policies: 5 Service Provider shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination Time is of the essence of this Agreement, and the Service Provider shall begin work promptly upon receiving a Notice to Proceed by the City. The initial term of this Agreement shall begin on the date first written above and shall terminate absolutely and without further obligation on the part of the City on September 31, 2016. This Agreement shall then automatically renew in full each October 1 st for three successive one-year terms, beginning on October 1, 2017, October 1, 2018, and October 1, 2019, absent the City's provision of written notice of non- renewal to Service Provider at least five (5) days prior to the end of the City's then -current fiscal year. Unless changed pursuant to Section 1.4, the pricing and all other elements of this Agreement shall remain the same in each term. Title to any supplies, materials, equipment, or other personal property shall remain in the Service Provider until fully paid by the City. The City may terminate this Agreement upon a breach of any provision of this Agreement by Service Provider and Service Provider's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. The City may terminate this Agreement for convenience by providing at least thirty (30) days prior written notice of such termination to the Service Provider. 6.0 Compliance with All Laws and Licenses The Service Provider shall obtain and maintain, at the Service Provider's expense, all permits, licenses or approvals that may be necessary, and comply with all applicable local, state and federal requirements, including all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement, including, but not limited to, O.C.G.A. § 50-5-63. The Service Provider must also have a current business license. Further, the Service Provider and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Service Provider and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -Service Provider under a contract to the prime Service Provider or higher tier sub -Service Provider, or any person associated therewith, as an inducement for the award of a subcontract or order. 7.0 Assignment The Service Provider shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. G 8.0 Amendments in Writing No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the Parties. 9.0 Expertise of Service Provider Service Provider accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Service Provider under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and the Service Provider submits to the jurisdiction and venue of such court. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions of this Agreement 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 7 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: Chief Robert Edgar Milton Fire Department City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE SERVICE PROVIDER shall be sent to: Ed Castro Landscape, Inc, C/O Beth Gannon 1125 Old Ellis Road Roswell, GA 30076 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Service Provider or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Service Provider or successor or on any obligation under the terms of this Agreement. Likewise, Service Provider's performance of services under this Agreement shall not subject Service Provider's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit for contractual performance shall be directed and/or asserted only against Service Provider or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) E -Verify Affidavit It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services unless: (1) the Service Provider shall provide evidence on City -provided forms, attached hereto as Exhibits "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 Service Provider's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying 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 Service Provider provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Service Provider hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "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, Service Provider 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 Service Provider employs or contracts with any subcontractor(s) in connection with the covered contract, the Service Provider agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Service Provider/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Service Provider agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Service Provider is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Service Provider's and Service Provider's subcontractors' verification process at any time to determine that the verification was correct and complete. The Service Provider and its subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Service Provider is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City contractor or subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Service Provider and its subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a contractor or subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Service Provider's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Service Provider shall be liable for all damages and delays occasioned by the City thereby. Service Provider agrees that the employee -number category designated below is applicable to the Service Provider. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Service Provider hereby agrees that, in the event Service Provider employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Service Provider will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Service Provider agrees that, during 9 performance of this Agreement, Service Provider, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Service Provider agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. 19.0 Authority to Contract The individual executing this Agreement on behalf of the Service Provider covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind the Service Provider to the terms of this Agreement, if applicable. 20.0 Ownership of Work All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by the Service Provider ("Materials") shall be the property of the City and the City shall be entitled to full access and copies of all Materials. All copyrightable subject matter in all materials is hereby assigned to the City and the Service Provider agrees to execute any additional documents necessary to evidence such assignment. 21.0 Confidentiality The Service Provider acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Service Providers, and/or staff to likewise protect such confidential information. 22.0 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 23.0 Force Majeure Neither the City nor Service Provider shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Service Provider; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 24.0 Survival of Terms All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 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. [SIGNATURES ON FOLLOWING PAGE] 11 Attest: Signature Print Name City Clerk Title Approved as to form: City Attorn ey 12 Ed Castro La e, Inc. Signature CiAyv ✓ard COLS Print Name Pre5CACA+ Title (President/Vice President) Date [CORPORATE SEAL] Atte - igna e rm Name '•,��`' 5eu'�f ars f� ' Title ((Assistant) rporate Secretary•if aopanj 't�� I CITY OF MILTON, GEORGIA: Joe Lockwood, Mayor Date [CITY SEAL] EXHIBIT "A" Price Schedule �,-hedion +--'> - 16c, thc-Lonj --t9n.-t R�. ......................... .......... ..... ........ Turf Maintenance Naw, Trim, Edge Slowing of Hardscimpe Grounds KA and Turf MaIntenewme Pre -Emergent Wood Control RA Turf Maintenance Past -Emergent Wood Control EA Turf Maintenance Insect Contrail Disease Control KA Turf Maintenarnq Core Aeration IIA Turf NW FW"Itzatlon EA Shrub & Bad Maintenance Seasonal Pruning EA Shrub & Mod MWnt Weed and Ronwv* D*brls and Trash EA Shrub & Red MmIntowme Edge EA Oo Shrub& Bad INWnt Pre-Entergent Wood Control EA onsinco Shrub mans MaInt Post-Envergent Weed Contra[ FA Shrub & Sod insect CoMrall Olvemo Control U MaIntorissme Shrub & Bed Mainterancs Brown Hardwood WI h EA cubic y Shrub & Bed Pine Straw EA -1 Maintenance U GOIIAWMI MaIntomorwe Stmp Grinding (Hourly) HR General MmIntemonce Now Shrub Installstlon (Hourly) HR 4 General Mmintormence Tree Ronoval (Hourly) HR 50. Garreral EA Maintenance New Tme Installation 3 Gal General MaintenanceOn Now Tree Installation 7 Gal EA General Maintenarnce New Bed Installation (Hourly) HR General MaIntenence Bed Shrubs Iternoval (Hourly) HK Gsaerai Maintenance Annual Color Installation (Hourty) HR 19 ON .............. ... ..... ... ... .......... 0.0i IOT Turf Maintenance Mow, Trim, Ildge Slowing of EA Hardscape and Grounds Turf Maintenance PrWamorgent Woad Control EA t C) Turf Maintenance Past-Emergent Weed Control FA D Turf Maintenance Insect Control! Disease Control KA i0b Turf MaIntenance Core Aeration EA Turf Maintenance Fertilization KA D Shrub & Bed Maintenance Seasonal Pruning EA 9-T) Shrub & Bed MaJntetatfce Wood and Iternove Debris and Trash EA Shrub & Bed Maintenance Edge ZA Shrub & Bed MaInt Pro-tm*rgont Wood Control IRA /)a Shrubntonunce & Red MaI Post-Emergont Wood Control RA Shrub & Bed Maintenance Insect Control/ Disease Control EA 1 .$47/ Shrub & Red Brow" Hardwood Mulch rA Malnrtenarrce cubic yarr d Shrub &bed MaIntermInco Pine Straw VA General MalrrtcricnceP Grinding (Hourly) MR General Maint Now Shrub Inst2fladon (Hourly) MR General MatrrtererrceTree Removal (Hourly) MR General MaInterawmm Now Tree Installation 3 Gal EA General Maintenance Now Tree installation 7 Gal KA General Ma&dat>nce New Bed Instaftilon (Hourly) MR General Nlalnt Red Shrubs Removal(Hourly) MR It General Maintencrrce Annual Color Installation (Hourty)FHR ON EXHIBIT "B" Scope of Work HOME OF 'THEEvS' QUAUTY OF LIFE IN GEORGIA' I LTOF",* ESTABLISHILD 2006 Bid Number: Project Name: 16 -PW -7 Fire Station Landscape Improvements Due Date and Time: City of Milton April 71h, 2016 Number of Pages: 61 Local Time: 2:00pm 13000 Deerfield Pkwy I ISSUING DEPARTMENT INFORMATION Issue Date: March 9th, 2016 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 16-PW7 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Special Instructions: Suite 107G Deadline for Written Questions Milton, Ga. 30004 March 24", 2016 at 5:00 pm Email questions to Honor Motes at honor. motesa i o miltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 10 Bid Bond 12 Qualifications Signature and Certification 15 Corporate Certificate 15 List of Subcontractors 16 Contractor Affidavit and Agreement (eVerify) 17 Bid Schedule 18 Disclosure Form 20 General Conditions 21 EPD Air Quality Rules 26 Project Specifications 27 Schedule of Events 35 Sample Contract Agreement 36 N 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 3 CITY OF MILTON Invitation to Bid 16-PW7 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 7th, 2016. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (16-PW7) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions March 24t1i, 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 25th, 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-PW7) 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 ninety (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. 4 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 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-PW7 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 ?.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. 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-PW7 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 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 ninety (90) 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 day of , 20 Bidder Mailing Address: Signature: Print Name: Title: H Bidder 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 Name: 11 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. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). 12 Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: [BIDDERS MUST RETURN 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. g �I �� "` a yy IIiS �. '`'s 3.AS�rT M G_ t Z a< K M �i 1 S R d ;✓ y fir` .s;P C iR F,n`� M (Dollar Amount in Numbers) N (Company Name) (Signature) (Printed Name) 9 N (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) 13 $ per year (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) $ per year (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) 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 14 opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE 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: 16 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. 17 18 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 1 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 1 Maintenance Shrub & Bed Post -Emergent Weed Control EA 2 Maintenance Shrub & Bed Insect Control/ Disease Control EA As Needed Maintenance Shrub & Bed Brown Hardwood Mulch EA As Needed Maintenance Shrub & Bed Pine Straw EA As Needed Maintenance General Stump Grinding (Hourly) HR 1 Maintenance General New Shrub Installation (Hourly) HR 1 Maintenance General Tree Removal (Hourly) HR 1 Maintenance General EA 1 Maintenance New Tree Installation 3 Gal General EA 1 Maintenance New Tree Installation 7 Gal General New Bed Installation (Hourly) HR 1 Maintenance General Bed Shrubs Removal (Hourly) HR 1 Maintenance General Annual Color Installation (Hourly) HR 1 Maintenance 18 ***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 U] 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. 20 12670 Arnold Mill Road: 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). 21 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, 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 22 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 year's 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 Tifwqy 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 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 23 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. 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. 24 1. GENERAL TURF MAINTENANCE 1.1 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. 1.2 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. 1.3 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. 1.4 Trash and Debris Removal During routine maintenance visits the Contractor is responsible for removing trash and debris from the property. 1.5 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. 1.6 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. 2. TREE AND SHRUB MAINTENANCE 2.1 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 left 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 25 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. 2.2 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. 2.3 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. 3. 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. 4. 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 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 26 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. 5. 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. 5.1 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. 5.2 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 necessary to protect plants, etc. 6. 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 Owner 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. 27 7. 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 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 28 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 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 29 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. 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. 30 No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. Provide a minimum of 1/2 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. 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 31 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). 32 SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Deadline for Written Questions Date: March 91h, 2016 March 24th, 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 25th, 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 7TH, 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 25th, 2016 Notice to Proceed Issued (On/about) April 26th, 2016 33 Reference Only Subject to change SAMPLE CONSTRUCTIONAGREEMENT This Agreement (the "Agreement') to provide demolition services is made and entered into this _ day of , 2016, by and between the CITY OF MILTON a municipal corporation a, of the State of Georgia, acting by and through its governing authori6," the Milton City Council (hereinafter referred to as the "City') and, (hereinafter referred; tors the "Contractor'). WITNESSETH: WHEREAS, the City issued an Invitation to Bic Crabapple Road; and WHEREAS, based upon Contractor's bad to required by the bid documents, the City has selected C WHEREAS, Contractor has agreed t according to the terms and conditions pr6vi WHEREAS, Contractor -.as familiar Documents, the Project, and the`Work,..with laws, ordinances, rules and regulations ata performance of woi;: and Contractor,. is aw+ State of Georgia in and oh agree as th Demolition of Structures at 12608 ete"these drainage improvement, as ;tor as the winning bidder, and work as set forth in this Agreement, ement; and with the�nature and extent of the Contract [conditions and federal, state and local aer that may affect cost, progress or he must be licensed to do business in the ractor, in consideration of the mutual promises consideration, the sufficiency of which is hereby The following dodo ents 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 'T "; D. Exhibit "C" [RESERVED]; 34 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 i e Eff� zve Date of the Agreement and are not attached hereto -All Written Amendments and other documents amending, modifying, or supplementing the C6h ract Documents if properly adopted in writing and executed by:,,tie Parties, and K. City of Milton Code of Ethics,, In the event of any discrepancy among the, C to the benefit of the City, as determine"" FA The scope of this projec Exhibit A and the drawing and ion 3 that vfovis"ion that inures most e discretion; shall govern. of they emodeling of City Hall based on ided in Exhibit B. "'The"Work is speOf�ed a idlfidicated in the Contract Documents (the "Work'). In the event ofzny discrepancy" among the Contract Documents, the provision operating most to the benefit ofthe City, as;determined by the City in its sole discretion, shall govern. The Work consists of tleerovtttf,, all GYsbestos 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 items necessary to complete the Work as described. Contractor shall complete the Work in'°strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on . Contractor agrees to complete the Project within 20 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 35 Section 5 Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed JYV= 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 Pi46s, 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 an px ovidi g the Work. B. Compensation for Work performed shall bepaid to the Contractor upon:receipt and approval by the City of invoices "setting, rth in detail th�Worlpc�formed. Invoices shall be submitted on a m thly,basis -'and such invoices shall reflect charges incurred versus chargesr7iudgeM i Each invoice shall be'accompanied by an Interim Waiver and Release, upon Payment (ora Waive and Release upon Final Payment in the case of the tny'bice fofinal paymitxt) procured by the Contractor from all subccantrttctors in aci dance with O:�C.G.A. § 44-14-366. C. City and Cont Tactor shall cartiply iW th:the provisions of 0.C.G.A. § 13-10-80. The Contractor thMo gh- each invoice may request payment of no more than ninety percent (90%) f that portion of'the War 'completed during the term covered by such invoice until fzftypercet (50%) of the Contract Price, as may be adjusted, is due.�and the, manner of completzon,.of the Work and its progress are reasonably satisfactory to ,the City Payment for the remaining ten percent (10%) of Work comple#ed and'coyured by"sLeh invoices shall be retained by the City until Final Y' Compleobnz Once:fif ,'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 sati factory to. the City, no additional retainage shall be withheld, except as p t ade1,belo �At the discretion of the City and with the written approval of the Contractor, ,the"Ptainage of each subcontractor may be released separately as the subcontrq, tOr 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 36 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 conir etor is proceeding satisfactorily and the subcontractor has„provided oY p oxides such satisfactory reasonable assurances of continued pei^frmance andntzncial responsibility to complete his or her work including any warranty work as thc;Contracto`r in his or her reasonable discretion may require, including ;but not limited to, . payment and performance bond. The subcvntractbrshall, within ten (16) 'days from the subcontractor's receipt of retainage fromlhe Contractor, passthrough payments to lower tier subcontractors and, shall reduce each ` 60ei tier subcontractor's retainage in the same manner, as the suientractor's retainage is reduced by the Contractor; provided, however;; that the value of each lower tier subcontractor's work complete and inplace,equals fifty percent (50%) of his or her subcontract value, including approved Mange orders and ;tither additions to the subcontract value; provided` furthexl_ that ihe,.work of the lower tier subcontractor is proceeding satisfactorilyatd thelcrwer Hera subcotractor has provided or provides such satzsfgcory reasonable assurances of continued performance and financial responsrbtlaty to compzete his or tier work including any warranty work as the subcontrdctor in his or her reasonable discretion may require, including, but not limited to, a pavment;and zerormance bond. Neither fnatptzyment nal- any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and �qutpment, and;.other indebtedness connected with the Work for which the City or City property Tright be responsible or encumbered (less amounts withheld by City) have beenptOid or otherwise satisfied; (2) a certificate evidencing that insurance, required ;b 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 37 In 91 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 s supplier shall constitute a waiver of claims by that previously made in writing and identified by that final application for payment.. Any material deviations in tests or insp required to complete such tests or insp, described in this Agreement shall be cl charges are incurred and shall beQtu change directives as described t.2`Secti submitted to the City Budget and�Procz City shall pay the Contractor withzi2'h by the City. No payme4 17 be made sent to the designated address by U.S. delivered. and like ntractor or material e, except those claims as unsettled at the time of change )) days or locations s from:the Work tMs r"construction hould be approval. The 1val of the invoice Imauthorized work. Payment will be only; payment will not be hand - The City may,withholdpaymenf�.or f nal payment for reasons including, but not limited to, the fot%wirig iinsat4fgctory joh performance or progress, defective work;Asputed wl r fzdure fti of Ply with material provisions of the Agreement, third par ;claims filed((* reasonaW evidence that a claim will be filed or other ThoxQz . reserves the right to order changes in the Work to be performed under this�ement;by altering, adding to, or deducting from the Work. All such changes sill bei -incorporated in written change orders executed by the ContractQ: End 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. 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 38 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 atal amount to be paid under this Agreement in excess of $50, 000, must, b approved by resolution of the Milton City Council. �- Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it s in violation of the City of A B. Time is of the Essence C. Contractor specifically completion of,,,t1e, ProjE Contrac and tho", this Agr professi compete cs. or conduct that would be IS OF THE ESSENCE for trust and confidence established between it t the City's intention and purpose in entering into in entity with the requisite capacity, experience, and ?nt to provide the services in pursuit of the timely and Work undertaken by Contractor under this Contractor, agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work 39 F. G. 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 peq gh%`body or agency shall relieve Contractor of the responsibility for adequacy, fithe s,, suitability, and correctness of Contractor's professional and industry standards br for performing services under this Agreement in accordance withrsound and aceered professional and industry principals. Contractor must have timely info perform the services req iced unc upon information provided by; the provide immediate written.fiodix should know that any infortnatior, or of repre delegate the City. C. ,,oration and input fivm the lily in order to lei, -this Agr=eement. Contractor is entitled to rely City, biitC'ontractor shall be required to tothe C'ily if Contractor knows or reasonably povided;by the City is erroneous, inconsistent, shall be authorized to act on with t, ect to the Work as Contractor's designated venants and agrees not to assign or transfer any interest in, nor s of this Agreement, without the prior express written consent of N The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, 40 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 Ae construed to negate, abridge, or otherwise reduce any other right or oblzgcztion of indemnity which would otherwise exist as to any party or person descriedin ibis provision. In any and all claims against the City or d qOf its agents or employees, by any employee of the Contractor, any subcontractor, anyone direeily or indirectly employed by the Contractor or sicbentractor anyone for whose gets the Contractor or subcontractor *#'be liable, the indern,nification obligation set forth in this provision shall not be limited an'any way qy' any limitation on the amount or type of dam ig compensation Or benefits pay",dble by or for the Contractor or any subcontractor under wgrkers' or workmen's compensation acts, disability benefit acts -or &ther employee, benefit acts. This obligation to indemnifyand defend theCity, its rrtembers, Officers, agents, employees and k volunteers shad survive. termination OAis Agreement. Contractor shall not be required to in 6—i the City or=its officers, boards, commissions, elected or appointed officials, q,", tployees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to personsi,:Weath, ' damage, roperty caused by or resulting from the sole negligence of the Ci -4?r its officers, boards, commissions, elected or appointed officials, etnployees or agents. Contractol hereby covenants and declares that it is engaged in an independent business.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. 41 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 fQr the performance of the services. The Contractor shall furnish copies of all Sucl permits, licenses, or approvals to the City of Milton Representative wthir ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor ark conit'4d6rs 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 bothparties hereto 'lie Contractor agrees not to represent itself as tla . ziy;s agentfir any purpose t0,ghy party or to allow any employee of the Cokriactor to�so, unless specif cally"authorized, in advance and in writing, to do soft =and them,> ly for the;limiter purpose stated in such authorization. Thi Contract6r_shall�6 sume full fiabil y for any contracts or agreements the Contract enters into W &&Y f of the City`of Milton without the express knowledge and prier Mi itten consent of the City. K Insurance (1) Requirements O Contractor shill have and maintain in full force and ,effect for the duration, ofthis Agreement, insurance insuring against clims for injuries, to persons or damages to property which may arise from ot«it? connection with the performance of the Work by the Contrac%r;its agent*,arepresentatives, employees or subcontractors. All pialicies :hall 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) Miaimuik,Limits oflnsuranee: Contractor shall maintain limits no less Comprehensive General Liability of $1, 000, 000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1, 000, 000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction 42 (3) (4) of property, including loss of use resulting there from. (c) Professional Liability of $1, 000, 000 limit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1, 000,.000 per accident. Deductibles and Self -Insured Retentions.;,<Any deductibles or self-insured retentions must be declared to and appre Citv. Other Insurance Provisions: The policy is to conlazri, or be endorsed to contain, the following provisions (a) General Li (i) The City C officials; mployees,. age 2ts-and volunteers are insured as respectrs Zaability arising out of iM,-by or on behalf of the Contractor; 4 ,'Ieted operations of the Contractor; leased, or used by the Contractor; ed, leased, hired, or borrowed by the overage shall contain no special wope of protection afforded to the City, oyees, agents or volunteers. '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. 43 (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 policW'shall be executed by an authorized representative `o, f the insurer, (b) Workers' Compensation Coverage The ans1er will agree to waive all rights of subrogri cin against th "Oty, its owe ls, employees, agents and volunteers for losses arising frn `work performed by the Qbntrdctor forte City. (c) All Coverages: (i) Bach insurance p4l ,ey required by`this clause shall be endrarsedto statet at coverage shall not be suspended, voacanceled, reduced in coverage or in limits except after 'i (3.'); days prier written notice by certified mail, ;, return `receipt r4yested, has been given to the City. (ia) .Policies all have concurrent starting and ending dates. Palicies shall include an endorsement incorporating the Indernification obligations assumed by the Contractor under the terms of this Agreement, including but not limited toSection 7(I) of this Agreement. 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. (5) Acceptabilityoflnsurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of CoveLgge: 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 44 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 least two (2) weeks prior to the expiration of (7) Subcontractors: Contractor shall include':. under its policies or shall furnish separate for each subcontractor. All coverage for si all of the requirements stated in i asAgree to naming the parties as additional hrOWc is renewed or replaced at any zctors as insured Ind endorsements s shall be subject to ing but not limited or final ee: The City shall be named as all policies required by this It is the;policy of tlie; City of Hilton that unauthorized aliens shall not be employed to perfor�z workon City>contracts involving the physical performance of services. Therefore"�I,hd City shall"not enter into a contract for the physical performance of services' wit laa ,,the State of Georgia unless: (1) the .Con&actor shall provide evidence on City provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E-VQrify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C. G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify') program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or 45 (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 hcerised and in good standing as noted in subsection (2) above. Further, Contractor;hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 400 10 1`=.`02. In the event the Contractor employs connection with the covered contract, subcontractor(s) attestation of thesIubc 10-91 and Rule 300-10-1-.02 &yalie sup affidavit, the form of which is attached affidavit shall become pak%of thecoi ntr that the subcontractor' is not requir�ec licensed and in good standing c's;notec, affidavit is obtained, Contractor. -,ogre within five (5 business days of receipt or',contracts with any, subcontractor(s) in the Contractor agrees to secure from such antracto' compliance with iJ: C. G.A. § 13- ,cahtractoi"'s execution;of the subcontractor hereto as Exhibit "F", vhich subcontractor zctlo, 'Isubcontractoi,�, agreement, or evidence to "provide such fan affidavit because it is mz ;Subsection (2) above. If a subcontractor ?s to -provide a completed copy to the City from ah"v, subcontractor. Where Contractor is `required 6.'provide.'an affidavit pursuant to O. C. G.A. § 13- 10-,9,1, the City Manager or i ,, her designee shall be authorized to conduct an inspopono�of the Coy tractor's afid Contractor's subcontractors' verification process at' any time to determine that the verification was correct and complete. The Cc ntracton�and�-Contractor's subcontractors shall retain all documents and records verification process for a period of three (3) years following ,66mp7etionof the contract. Further, where Contractor is required to provide an adavit pursuant to O. C. G.A. § 13-10-91, the City Manager or his/her c gneos , aft ther be authorized to conduct periodic inspections to ensure that no City C ntra&ihr or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contracto)-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. 46 M 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 t any subcontractor(s) in connection with this subcontractor is required to provide an offic 91, the Contractor will secure from the�c indication of the above employee -number cc subcontractor. The above requirements shall Win addit federal law, and shall con bestrued Zo, be (1) (a) rector employs or contracts with eement and'i here the pursuant to O. C. G.A. § 13-10- gctor(s) such subcontractors ry that is ai_tnticable-trr the the requirements of State and !formit-V-)Wi i those laws. R cords`shall.be;establish�d and maintained by the Contractor in accordance iuilh.requirements prescribed by the City with respect to all tna ers co" ed- by this Agreement. Except as otherwise authorized Such records shall be maintained for a period of three years from thedate that final payment is made under this Aeeertt.,,Furthermore, records that are the subject of audit flndings'shall be retained for three years or until such audit findings have been resolved, whichever is later. 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 47 N. z 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 matteis =covered by this Agreement. Conflicts oflnterest Contractor agrees that it shall not er result in a violation of the City of Mi Confidentiality Contractor acknowledges that*may r and that it will protect the.confidenfal will require any of its si4`r,rtractors, such confidential information! "The Co information it receives or such retorts Contractor criates under th'&A,grel discussed with, cz*h7dividual,or orga, prior written apoual of the Ctiy The precautions to preverit,t.he unauthorize wheher specifically deemed content; L in any actively or -,conduct that would rade of Ethics eceive confidential infdxtnation of the City ity cif any such carifidontial information and hnsultants, andlor`staff to likewise protect niractor agrees that confidential inforM,ation, opinions or conclusions that nt shalh�iot be made available to, or lization, including the news media, without Contractor shall exercise reasonable d disclosure and use of City information al or not. The Contrt ctoYcovenantkand declares that it has obtained all diplomas, certcates licenses, permits or the like required of the Contractor by any and all national,`<siate,gional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreq" ent. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED/ R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited 48 partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials') shall be the property of the City and the City shall be entitled to full access and copies of,, such materials. Any such materials remaining in the hands of the Contracts 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'd truetibWof or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace theme -at its own expense, Any andall copyrightable subject matter in all materials' is hereby assigngdp theyCity and the Contractor agrees to execute any adlditional documents thaf'* be necessary to evidence such assignment T. Meetings A. The Contractor is required tomeet with ,City's personnel, or designated representatives, to resolve technical or contrIactual problems that may occur during the term of the contra, at ho".addition al -cost to the City. Meetings will occur as prMex&arise and will be coordinated by the City. The Contractor will be given a mini r7<um of three full working,days notice of meeting date, time, and locfion. Face -to -f meetings are desired However, at the Contractor's optionctrtd expense, a inference Call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetirig§,_ or to r'Oke a good faith effort to resolve problems, may result in`termindUd ofthe, contract. The,city", provide for right of entry 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 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:geheral warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement fob convenience at' ' time upon written notice to Contractor. In the event of a termination for convert ence,.:Cor tractor shall take immediate steps to termin mark as. trickly and effectively as possible and shall terminate all commitments to th�r# parties,unless otherwise instructed by the City. Provided that no damages are due to the City forContractor's failure to perform in accordance W"Mh this ;agreement, the'City shall pay Contractor for work petforxrted to date zrt accordance with Section 5 herein. The City shall have no further' liability to Contractor for such termination. h B. The City may terminate this Akreem'e'ht for cause if Contractor breaches any material proyUidi ofthis Agreement The City shall give Contractor seven (7) days written note of its ,zhtent",t,�terminate the Agreement and the reasons the >"� and, if Ca&ntracto�,, °,dor its -,Surety fails to cure the default within that period, �ihe terminatioh'�halI take' ce withoutfurther notice. The City shall then make alternative arrangements for completion of the Project and deduct the .F, cost of completzn frAm the" unpaid Contract Price. The City will make no payment to the ontrador omits Surety until all costs of completing the Project k are paid. �If, h unpaid balance of the amount due the Contractor, according to 4 thisagreement, exceeds the cost of finishing the Project, the Contractor or its „ u ety will re&& ive 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 50 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 pfth`e understandings and agreements of whatsoever kind and nature existing'hetween the parties hereto i 11 with respect to the subject matter contained herein B. Governing Law. This Agreement shall be governed by' construed under the laws of the State of Georgia.'� C. Counterparts. This Agreement rrtay btu executed in any number of counterparts, each of which shall be deemed tq'be an r ginal,`but' all of which together shall constitute one and the same instrument. D. Invalidity of Provisions Sl c uld any &fOf this Agreement for any reason be declared by any court of competent jur' tion to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full farce and ejfe%t as`if this Agreement had been executed with the invalid portioizredf eliminated, it hngthe intention of the parties that they would have executed the remaihing portion of this Agreement without including an *ich part, parts*portia�ich may for any reason be hereafter declared Notice ..All notiols requests,,%emands and other communications hereunder shall be in writing and, e,,deemed received, and shall be effective when personally delivered or'on<,the third day after thepostmark date when mailed by certified mailx.postagefirepaid, return receipt requested or upon actual delivery when sent yt&hational 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: TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 51 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 Maieure. Neither the City nor Contractor shape liable for their respective non -negligent or non -willful failure to;arform or shall be deemed in default with respect to the failure to perform (or e ike 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 changean applicable governmental. rules or regulations rendering the performance of any portion of this,Agreement'legally impossible; (iv) earthquake, fire, e* asion or, lood; (v) strike `or I r dispute, excluding strikes or labor disputes by employees 'and/or agents of Contractor; (vi) delay or failure to act by any gavernmentakc�r military ciuthor ity; or (vii) any war, hostility, embargo, sabotage, civillisturbaitce, riot, insurrection or invasion. In such event, the time for performance shahbe extended by�an amount of time equal to the period of delay caused by nich,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 tai' b� cgnt jdered in"the construction or interpretation of any provision of this Agreement e I. Nondiri.Mult tion. In ac`cardance with Title VI of the Civil Rights Act, as amended, 42 U&C §„2000th';=section 303 of the Age Discrimination Act of 1975, as amended, 42U;S C :§,;6,102, section 202 of the Americans with Disabilities Act of 1990, 421. § 12732, and all other provisions of Federal law, the Consultantagrees that, during performance of this Agreement, Consultant, for `� a tsel ; z6,'dssignees and successors in interest, will not discriminate against any employee,tr applicant for employment, any subcontractor, or any supplier because ofr"ace, color, creed, national origin, gender, age or disability. In addition,'onsultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. 52 [SIGNATURES ON FOLLOWING PAGE] 53 Click here to eater text. SIGNED, SEALED, AND DELIVERED In the presence of 54 EXHIBIT "A" ITB EXHIBIT "B" nm r DnAT rnnrmn AnTnn 55 EXHIBIT "E" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compli�'n`&e with O.C. affirmatively that the individual, firm, or corporation which is engaged in the physical #' behalf of the City of Milton has registered with, is authorized to use and uses the federal Ivo commonly known as E- Verify, or any subsequent replacement program, in accordancswath and deadlines established in O. C. G.A. § 13-10-91. Furthermore, the undersigned contraclz federal work authorization program throughout the contract period and the undersigned cc the physical performance of services in satisfaction of such'c6niract„ only v ith subcontractor to the contractor with the information required by O.'C 13'10191(b). Contractor hereby attests that its federal work as follows: G.A. § 13-10-91, stating rformance of services on vk authorization program the applicable provisions ox will continue to use the hiractor:will contract for s146 " p 1-1. esent an affidavit cation number,,,and date of authorization are 1 hereby declare under penalty of perjury that the Name of Public Employer m SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAYOF —,201—. NOTARY P UBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliane'with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the, h,* i, al performance of services under a contract with on behalf of the City of Milton has registereW ", th, is az[hiorized 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.4 43-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work,'-`.1tthorization program :throughout.,ihe contract period, and the undersigned subcontractor will contract for the physrclrl1,performance of services ;��atisfaction of such contract only with sub -subcontractors who presetzt o17= affidavit to� the subcontractor u�zth. the information required by 0.C.G.A. § 13-10-91(b). Additionally, the urt'dersigned ubcont actor will forward'hbtice of the receipt of an affidavit from a sub -subcontractor to the contrttctor.,within fave business drys of r eeipt. If the undersigned subcontractor receives notice that a sub -subcontractor hits, receive4,`,an q;f &&it om any other contracted sub - subcontractor, the undersigned subcontractor"m"ust forward? within frt>e (S) business:days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authbrizgtion user, rdeptiflcation number and date of authorization are as follows: r eVerify Number I hereby declare under penalty ofperjury that the [NOTARY SEAL] My Commission Expires: 57 EXHIBIT "G" [RESERVED) 58 EXHIBIT "H" FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Prime Contractors, Inc. or any of its subcontractors in connection with the construction of the City Hall Renovations for the City have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of 20 , who under oath deposes and says that he is of the firm of that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires END "IV AMPLE CONTRACT WE EXHIBIT "C" Contractor Bid 1041 CITY OF MILTON M I LTO INVITATION TO BID ESTAJLIS1IED 10ou . (THIS IS NOT AN .ORDER) Bid Number: I 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 BID Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: C 1;S rc i �cr1,��C i 1110. 10-6 cia i i=— QJ Y�CIS U:6 &�4< DC)7�p BidderPhone Number: Bidder Federal 1. D. Number: BIDDERS MUST' RETURN THIS COVER SHEET A Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us Mark Face of Envelope/Package. Bid Number: I6-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 lzonor.rnotes@ciiyofmilton aa, us nam zn i-) e1��1+ Bidder FAX Number: 1-70-E51�)-(� (C6 Bidder E-mail Address: &! LA"--f-r. ("-, a_ACAs�0:C.orvu NITH BID RESPONSE HOME OF = :1Ec ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 16-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: JI 5 CITY: Roajd� STATE: ZIP: �oo-7� PHONE: ��i��%`j�"�� FAX: Dt-� EMAIL ADDRESS: or SignatureDate ADDENDUM #1 [TB 16-PW07Addendum #1 Page 1 of [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 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 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 (1 day of , 2p B idder t'6 C &4ya rr?,VAI, Bidder Mailing Address: Company Name L �'Sfi'c ri C l i7 kc. Signature: Print Name: Title: ncee ,i Jeylt [i [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 Name: 1� CCLJSTur401knTQ 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. § 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: X w )-19 0 eVerify Number Date h�l�iGiof Authorization I i . J C Arp SCL(.� Name of Contractors -T Nam o�c SGG Pl- City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on',;-, / , h7` 201 ini<—Kwr�/city), (state). /;•' y 4. S Fv L ;`rt.7p 12 Authorized Officer or Agent Printed Naim nd Ne of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 2010. Gly NO ARY PUBLIC [NOTARY SEAL] My Commission Expires: t� [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE �Yk, (Dollar Amount in Numbers) A C. -ZS -D 1—&YrALA I VIC . (Company Name 1 (Signature) J�,,d W ,j Y -A (Printed Name) M (Dollar Amount in Numbers) (Company (Signature) -lPrinted Name) ITB 16-PW07 Addendum #1 Page 3 of 4 (Dollar Amount in Numbers) (Company Nam (Signature) (Printed Name) M (Dollar Amount in Numbers) (Company (Signature) -lPrinted Name) ITB 16-PW07 Addendum #1 Page 3 of 4 Fire. Station 'b3 '-750 Hickory Flat Ro-ad An 4M Lan.dscape Maintenance $ `7 �(�, t70 per year (Dollar Amount in Numbers) LzLn ac (Company Name) (Signature) � r �( YVGL1'G� s (� l (Printed Name) Fzre:Stahon 41,12670 Arnold;Nlill Ttoad nn t" Malnteriance.: '-i" per year (Dollar Amoount in Numbers) ^ Jnc- (Company Name (Signature) (Printed Name) Total Bid Price $ ' 055. Do Print Total Bid Price n Number of days to fully complete project (exclude weather related days) 0 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 Sid Schedule. COMPANY C�s-h o �GISC GC P2 s 1 YiC ADDRESS AUTHORI. PRINT / TYPE NAME �ci�i�ret �1lCJt �c�, TITLE 15 [BIDDERS MUST RETURN THIS FORINT WITH BID RESPONSE] DISCLOSURE FORNI 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, (�S i'o Lt�Y1c SC�{�C? jnc 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 namedAilton Official. AmountNalue Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 16 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et se ve not been violated and will not be violated in any respect. Authorized Signature Date— �' 1 Print/Type Name V\/ i"A aSfrp i PceSr A1fi Print/Type Company Name Here--V--'A CRC,- Lein S Ct%� t Y1 CORPORATE CERTIFICATE Contractor in the foregoing bid; that certify that I am the Secretary of the Corporation named as ?(rte' CPS who signed said bid in behalf of the Contractor, was then (title) Rw,' 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 sgope of its corporate powers; that said Corporation is organized under the laws of the State of &-4'e-VMC N r!- 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. 18 Turf Maintenance Mow, Trlm, Edge Slowing of Hardscape and Grounds EA 30 tEG %j f �� Turf Maintenance P—I!nwrgent Weed Control EA 2 Turf Maintenance Post-Raww9ent Weed Control EA 2 23 G j �Q Turf Maintenance [react Control/ Disease Control EA As Needed � 5 Turf Maintenance Core Aeration EA Turf Maintenance Fertilization EA q j L i D Shrub d. Sed Maintenance Seasonal Pruning EA 3 y t n Shrub 3 Sed Maintenance Weed and Remove Debris and Trash EA 30 t J Shrub & Sed Maintenance Edge Ell As Needed I,--% ✓� Shrub s Sed Maintenance Pn-Emergent Weed Control EA 1 f _ / S tL7 Shrub b Sed Maintenance Post-Emorgent Weed Control EA i 5� I DO Shrub 3 Bed Maintenance Insect Corntroi/ Disease Centnroi EA As Needed Shrub & Sed Maintormwe Brown Hardwood Mulch EA As Needed �y1.1 1i v Shrub & Sed Maintenance nae Pine Straw EA As Needed 11 General Maintenance Stump Grinding (Hourly) HR 1 j Genera! Maintenance New Shrub Installation (Hourly) HR 1 'moi 46 t General Maintenwnee Tree Removal (Hourly) HR 1 1 150. General Maintenance in New Tree installation 3 Gal !A 1 '2 General Maintenance Now Tres Installation 7 Gal�-V EA 1 /� n General Maintenance New Sed Installation (Hourly) NR 1 469 General Maintenance Sed Shrubs Removal (Houriy) HR 1 General Maintenance Annus! Coley bnstailation (Hourty) HR 1 �i OR ' ( -- iz4-1-7o kq0 A 9,,{, Turf Maintenance Mow, Trim, Edge Slowing of Mardse" and rrarnds EA 30 / Turf Mairrtenanee Prr.Enwrysnt weed Control EA 2 C)e? Tart Malnleruwce Post -Emergent weed Control EA 2 O C; Turf Malntenanes Insect CmdroU Disease Control EA As Needed I C Turf Maintenance Care Aaratlon IIA Turf Maintenance FertUization EA q Shrub & Sed Maintenance Seasonal Pruning EA 3 Shrub A. Bed MaintstnnCe weed and Remove Debris and Trash ZA 30 Shrub & Sed Maintenance Edge EA As Needed Shrub S Sed Maintenance Pre"Emaagsnt weed Control EA u Shrub & Sed Maintenance Post -Emergent weed Control EA 2 r Shrub a Bed Maintenance Insect Cantron Disease Control EA As Needed Shrub 3 Bed Maintonstwe brown Hardwood Mulch EA As Needed qD Shrub & Bed Maintenance Pine Straw EA As Needed General Maintenance SSP Grinding (Hourly) MR 1 �� General Maintenance New Shrub Installation (Hourly) MR 1 ftp General Maintenance Tree Rernavai (Hourly) MR 1 i5o General Maintenance New Tree Installation 3 Gal FA 1 General Maintenance New Tree InstallatioGallatlon T G Ell 1 General Maintenance New Bed hntallation (Hourly) MR i General Maintenance Bad Shrubs Removal (Hourly) MR 1 General Malrttenseme Annual Color Installation (Hourly) MR 1 DO ) Do w Turf Nw4tonwito mm.% Trim, NO* 04OMmg cl LA ar"w4*. "rj" *a"— ""Wwgmt Wood COWM VA NA li C7 eA I t —Ammvow kOfgod gwdyw Turf Nab*mumbft I MOW cantigs-N olq*"* coirw FA TW VaAmomvbco Car. Amvdm 1A sbmtk & *ad ftdwmm am"wm Pftmbq NA 1 FA (,n 47 NPW" dL am mwnftomr. woad and Rdfta s UaWU mM Tmah vhmb & Rod U shrub & Wad Ptrwgmmtwnt WOW Cartrol teaiartoegrrpl Shrub I wad XwEbwormw p"t-mm"Wwt loaact Cardrw immue.coffulw RA i sh"Ib A S." Wo I p Nrwwn Hmrd%%uod NUI* I ltrinkaeanoo RA &Ac ahftb IL ff" �fftommm /Ins stroll .4o ft -0 ftllwtsm Now Sfw;& knfAMmdan (Hoag l'1— Rmwal Tor Raewwm (Hour" awm" NWW TMO VotWW*n 3 4W 1A FA Naw led LqmLmdlnfhm ttmww Hit MR lII NR Sed WW&bs R4w"ta qjfwrty' I AN" Color khFWmtlwt(Hmxfyj EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF SOC. COUNTY OF By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: C2,1q hol eVerify Number 0? 01 oO-% Date of Authtrizatfon Ed Castro Landscape, Inc. Name of Contractor Fire Station Landscape Maintenance Services Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is tr e nd c rrect. Executed on _ n (city), &A, Signature of Author ficer�gent 1;—:5'4VV^r0t Cis-lYo ,'4�.,�.acrti' Printed Name and Title o Authors ed Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2"%,DAY OF 201 (p NO Y PUBLIC [NOTARY SEAL} My Commission 900 7u � ' EXHIBIT "E" 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: eVerify Number Date of Authorization Name of Subcontractor Fire Station Landscape Maintenance Services 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: MEMORANDUM To: Ken Jarrard From: Paul B. Frickey Date: July 12, 2016 Re: Municipal Public Art Survey ____________________________________________________________________________ The City of Milton has asked that we provide a survey of what other cities are doing with respect to support for public art. After reaching out to more than 15 local municipalities, we have obtained input from the 12 described below. From this input, it seems that there are essentially three general approaches to city involvement with “public art”: no formal involvement; direct involvement of the city through the creation of a municipal art commission under the auspices of the city governing body; and less direct involvement through association with a private non-profit corporation. There are, of course, variations within each broad category which I have attempted to capture below, but these appear to be the three principal approaches taken. I. Little or No Involvement A number of cities we contacted, for a variety of reasons, do not have a formal public arts program in place. Those that indicated they did not have any program in place included the following: Buford indicated that they have no arts council and “no public art whatsoever.” Sandy Springs indicated that they have no arts council yet because they are so new. Dunwoody is in the process of putting together a master plan for developing a public arts council. Dawsonville doesn’t have much art, though the mayor is interested in a closer relationship with the private Bowen Center for the Arts that operates in the City. Dahlonega has nothing in the way of a formal program. The art that does exist at city hall has “hung there forever” and they have not received any donations for year. II. Direct City Involvement with Arts Commission 2 On the other end of the city-involvement spectrum, a number of cities have established arts commissions or councils under the auspices of the Mayor and Council. There are, of course, varying degrees of commitment to and use of such commissions. Most were created by ordinance, though the Snellville Arts Council was created by resolution. Snellville created the Snellville Arts Council by resolution. There are seven members nominated and confirmed by the City Council (at least four of whom are city residents). The City matches funds raised by the Council up to $20,000. The Snellville Arts Council recommends art to be exhibited, subject to approval by the Mayor and Council. Roswell currently has in place the Roswell Arts Commission, which was created by ordinance. This is a seven member Commission (all of whom must be city residents), appointed by the Mayor with consent of the City Council. One City Council member also serves as an ex officio, non-voting member of the Commission. The Commission provides guidance to the Mayor and City Council for arts and cultural activity in the City. Money to fund the Commission is allocated through Parks and Recreation department. In addition, Roswell currently has a voluntary 2% arts fund fee for developments at the building permit stage; however, they are considering moving to a mandatory fee. The purpose of the Commission is to achieve the goals of the City’s Public Arts Plan. However, Roswell is looking to move to an “association” style with the 2015 creation of the Roswell Arts Fund (a non-profit corporation, see below) to replace the Roswell Arts Commission. Duluth created the Duluth Public Art Commission by ordinance. The Commission is comprised of nine members (minimum five city residents, minimum four “arts professionals”) appointed by the Mayor and Council as well as “up to 2 ex officio members chosen from city staff.” (Sec. 2-270(a)) One of the regular members must be the mayor or a city council member. (Sec 2-270(a)(1) Funding is derived from multiple sources, where available, including fundraising, donations and grants. The city encourages (but does not require) a 1% donation for building permit applicants. (Sec. 2-272(b)) Suwanee originally created the Suwanee Public Arts Commission by ordinance with a limited one-year life. The term of the Commission has been extended twice by “Ordinance and Resolution” and is now indefinitely in place until formally terminated. The Suwannee Public Arts Commission has seven members (all of whom must be “citizens of Suwanee or affiliated with a business located in the corporate limits of Suwanee). Membership may include one council member and one planning commission member. Funding primarily comes from fund raising events or private donations (some costs, such as installing cement based for sculptures, may be handled by the Public Works department). The Public Art Commission’s main role is to raise funds if possible and to advise the City Manager on which art to display. The City Manager makes recommendations to the City Council for a final decision on the art to be displayed. From the displayed art, if funds are available, the City will purchase the piece voted by the public as the “People’s Choice.” Sugar Hill created a Sugar Hill Arts Commission by resolution. The Commission membership includes a city council member on the commission (Marc Cohen, post 6). There are 3 also 2 “staff liaisons” as well. The City apportioned $10,000 as “seed money” for the commission, which is the same amount provide to all public commissions. The purpose of the commission was to create an advisory committee to assist the City on all aspects of “the arts.” Mr. Cohen (who appears to largely be the City’s driving force for pursuit of the arts) suggested that, as initially conceived, the Sugar Hill Arts Commission had too broad of a purpose as it involved fine arts, cultural arts, performance arts, even down to beautification/landscaping issues. He has since helped to refine the focus to more of a fine arts only goal. This has been assisted by a turnover in membership. III. Association with Independent Non-Profit The third general category of city involvement in public arts involves less direct involvement, but with some level of partnership or association with a private entity, typically a non-profit corporation. Generally, the idea appears to be that this reflects a policy whereby the City should not be directly involved in the choice of art and, instead, merely provides financial support to increase the amount of public art available. Decatur has annually budgeted $10,000 to a “public art fund” which is essentially a contribution to the Decatur Arts Alliance (a public non-profit). There is no formal policy, resolution or ordinance insofar as the Decatur Arts Alliance has been effectively promoting the arts for 30+ years. The city has an informal “liaison” to the Decatur Arts Alliance (Director of Community Development) but that is not a set position. According to its Mayor, Lilburn charges a 2% art fund tax on developments over 800,000 sq. ft. The city helped to start a non-profit Lilburn Arts Alliance that sponsors art projects. The website lists 9 directors. Based on discussions with the Mayor, it appears that whatever formal arrangement may exist, the mayor plays a large role in the City’s participation in the arts. That being said, the Mayor suggested that he has turned the Lilburn Arts Alliance to its own devices to handle the more “traditional arts” while he leads another “crazy group” pursuing the less traditional arts. As mentioned above, Roswell is looking to move to a system where the City will contract with the non-profit Roswell Arts Fund to do the desired “public art” work. The City will be considering a new ordinance as early as August to disband the Roswell Arts Commission in favor of working with the Roswell Arts Fund. According to the bylaws, the Roswell Arts Fund can have between 5 and 19 directors (currently 18 are listed on its website). The City’s contract with the Roswell Arts Fund requires that one councilmember chosen by the City be included as an “ex officio” member of the Board of Directors. The main reasons for the change are to allow greater fundraising flexibility and to provide independence from the City Council. That being said, the City has entered into contracts totaling around $300,000 for 2015 and 2016 to get the Fund organized (staff, website, master plan, etc.). The idea is that the Roswell Arts Fund would become self sufficient without need for City support. Alpharetta has been fairly hands off up until recently but is considering implementing a program where the City would contract with non-profits (e.g. Arts Alpharetta) for public art 4 services. The city has budgeted $150,000 to acquire artwork (with expectations that other fundraising will be included). It is not certain whether the program will be implemented as there has been resistance to the concept of government being involved in the arts. IV. Conclusion Assuming from the request for this survey that Milton is interested in becoming more actively involved in supporting “the arts,” there appears to be two main frameworks that have been considered: direct oversight and control through a commission created under the auspices of the City Council or contracting with an “independent,” non-profit corporation. The principal benefit of forming a commission under the auspices of the City is maintaining control over what art is supported and/or displayed. This is particularly true where members of the City Council are actually on the commission. On the negative side is the fact that funding is more of a budget item for the City. A factor that has been mentioned by others both as a plus and as a minus is the perception of the City government with respect to the arts. Some communities appear to see direct support for and participation in the arts as a positive (Suwanee), while others, (Alpharetta) view such direct participation as a negative. One of the benefits of the partnership with a non-profit is the “political cover” for those that are concerned with any implication of direct government sponsorship of any particular pieces of art. Also, the independent non-profit corporation has a much greater ability to raise funds, particularly through solicitation of donations, that can eventually be used in support of its purpose. Of course, on the down side is the lack of formal control over the entity. This can be tempered to some extent by detailed requirements with respect to any contract entered into with the non-profit. Notwithstanding the particular framework chosen for the City’s involvement in the arts, there are a couple of items worth noting. The existence of a “master plan” to guide the City’s specific goals with respect to the arts appears to be a benefit. Although it may be costly at the outset (reference was made to $40,000 - $50,000), it was suggested that the master plan helps to keep the City’s involvement with specific items (e.g. arts festivals, public art displays, etc.) on- track with a stated big-picture goal. Also, it is important that in either case, for a successful arts program, there needs to be strong commitment from at least one representative of staff and council who can work to drive the initiative forward. Without such commitment, even a motivated Arts Commission under the auspices of the City Council is unlikely to achieve much if staff and/or the elected officials do not support their work. HOME OF 'THEBEST QU.AUTY OF LIFE IN GEORGIA' M1 LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:/-1uIy 18, 2016 FROM: Steven Krokoff, City Manage( AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Branch Kitchen Concepts - dba Indigo, Located at 12635 Crabapple Rd., Ste. 110-120, Milton, GA 30004. MEETING DATE: Monday, July 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. (41APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: L: iI e _,`I � -'f, REMARKS: () NOT APPROVED (.,f NO 0 (J,NO (J NOT APPROVED ®'You PHONE: 678.242.25001 FAX: 678.242.2499 Green -w cxRss�l s Info@cityofmiltonga.us I www.cityofmiitonga.us w•anurt Community 3 E`Zt �& 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ! - ClRii! tlhOFl! _ ,, LL g L To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 1, 2016 for the July 25, 2016 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Branch Kitchen Concepts. – dba Indigo, Located at 12635 Crabapple Rd, Ste. 110-120, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Persis Atlanta Inc. – dba Branch Kitchen Concepts. – dba Indigo for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Branch Kitchen Concepts. – dba Indigo Contact Name: Todd Hogan Business Address: 12635 Crabapple Rd, Ste. 110-120, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development Attachment(s): None. TO: FROM: HOME OF'TuG F -F -,T ��'," 'Tv r,G �FF iti ' c:0RG1AI MILTO N* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 18, 2016 Steven Krokoff, City Manager AGENDA ITEM: Consideration of V 16-003 -The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes, LLC Requested Variances (Section 4-416.b and Section 64.1141.c.1). The reduction of the front setback from: 60 feet to 50 feet, lots 3, 19, 21, 23; 60 feet to 45 feet, lots 20, 30; 60 feet to 40 feet, lots 4, 9, 22, 60 feet to 30 feet, lots 5, 6, 7, 8. The increase in the allowed height from: 28 feet to 33 feet, lots 5, 6, 7, 8, 9, 19, 20. MEETING DATE: Monday, July 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: C 71747 'L REMARKS: ©� YOU(M. PHONE: 678.242.25001 FAX: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 (J NOT APPROVED k.kNo VNO (J NOT APPROVED -Green`er w-n� Community ��•r'+ - CEFTIVEO SRON2E - 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, lots 3,19,21,23 60 feet to 45 feet, lots 20,30 60 feet to 40 feet, lots 4,9,22 60 feet to 30 feet, lots 5,6,7,8 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 several lots. On lots 5,6,7 and 8, he would like to move the front setback from 60 feet to 30 feet, allowing a useable rear yard. He is requesting a front setback reduction to 40 feet on lots 4, 9, and 22, along with a front setback reduction to 45 feet on lots 20 and 30. Mr. Willis is requesting a front setback reduction to 50 feet on lots 3, 19,21 and 23. 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 Summithill 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. A reduction in the front setback will allow the home to move forward on the lot and would help create les s 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. The proposal, if approved, would not have an adverse impact on the adjacent properties and will be aesthetically consistent with the blending of the street scape in the community and from public view. The requirement would require 360 degree architecture and staff review on each lot. This requirement will bring relief to the severe topography along with compliance for the rural view shed requirements and give staff some oversite in the process. This type of variance request is consistent with other properties in the City of Milton that have similar hardships with topography. 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 Board 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 PREVIOUS VARIANCE REQUEST Page 10 of 13 CURRENT VARIANCE REQUEST Lot Front Setback Height 3 50' 4 40' 5 30' 33' 6 30' 33' 7 30' 33' 8 30' 33' 9 40' 33' 19 50' 33' 20 45' 33' 21 50' 22 40' 23 50' 30 45' 13 7 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 25th day of July, 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, lots 3,19,21,23 60 feet to 45 feet, lots 20,30 60 feet to 40 feet, lots 4,9,22 60 feet to 30 feet, lots 5,6,7,8 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 July 25, 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 25th day of July 2016. MILTON CITY COUNCIL ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, Clerk HOME OF "HE BEST O'.1AI Y Or- LIFE IN FORG' " MI-LTION*kl ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: JJ 18, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct an Election (Bond Referendum) MEETING DATE: Monday, July 25, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (;l�PPROVED CITY ATTORNEY APPROVAL REQUIRED: (.-'ES CITY ATTORNEY REVIEW REQUIRED: (�4ES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: c-71131 7016 REMARKS: ©� You( • PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmilfonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED (J NO (J NO (J NOT APPROVED a 'Green' or WILDWE Community SLOW....vJ ..s h..,......^,..i. CERTIFIED BRONZE — * * Top 14u i cCertifieord , tY 3v ` � Page 1 of 2 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on June 30, 2016 for the July 11, 2016 Regular Council Meeting (First Presentation) and July 25, 2011 Regular Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance authorizing Fulton County to Conduct Election. Executive Summary: On November 8, 2016, an election will be held in the City of Milton pertaining to a bond referendum. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the contract is attached to the ordinance and incorporated therein. Funding and Fiscal Impact: The General Election fee of $62,282.00 will be included in the FY2017 budget. This is the City’s pro-rata share of the expected actual cost to be incurred by Fulton County to complete the election plus a 10% administrative fee. This election fee will be maintained by Fulton County in a separate election account. Following the election, the actual costs of the election will be determined, as well as the City’s pro-rata share of those actual costs. Within 90 days after the election, Fulton County will furnish a refund of any excess fees paid by the City. If any actual costs are incurred by Fulton County in addition to Page 2 of 2 the fee described above, the County will issue an invoice to the City for the additional amount at that time. Alternatives: N/A Legal Review: Elizabeth Whitworth – Jarrard & Davis (July 30, 2016) Concurrent Review: Ken Jarrard, City Attorney Steve Krokoff, City Manager Attachments: Ordinance of the City Council to Authorize Fulton County to Conduct Election Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on July 25, 2016 at 6:00 p.m. as follows: WHEREAS, on November 8, 2016, an election pertaining to a bond referendum will be held in the City of Milton; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, as follows: 1. Approval of Contract and Authorization to Execute. The Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State, which contract is attached hereto and incorporated herein and expressly approved by the Council. 2. Revocation. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. Effective Date. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 25th day of July, 2016. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Karen Thurman, Councilmember Burt Hewitt, Councilmember (District 1/Post 1) (District 1/Post 2) ______________________________ _______________________________ Bill Lusk, Councilmember Matt Kunz, Councilmember (District 2/Post 1) (District 2/Post 2) __________________________ _______________________________ Joseph Longoria, Councilmember Rick Mohrig, Councilmember (District 3/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and CITY OF MIL TON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this __ day of November, 2016, between Fulton County, Georgia ("County"), a political subdivision of the State of Georgia, and the City of Milton, Georgia ("City"), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement aloe both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, both parties are interested in serving the needs of the citizens of the City by the County providing for the services of conducting the election pertaining to a bond referendum in to be held in November, 2016; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-4S(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections ("BRE") has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of the November 2016 election pertaining to the bond referendum, including any and all runoffs which may be necessary. It is the intent of the parties that this election be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2016, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 8, 2016: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City's referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); c) Hiring, training, supervising and paying poll officers and absentee ballot clerks; d) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. e) Performing duties of elections Superintendent, and absentee ballot clerk for the November 8, 2016 City election; Page 2 ofl2 f) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; g) Providing staff, equipment and supplies for conducting the November 8, 2016 City election at City polling places on City election days and for conducting recounts as may be required; h) Certifying City election returns as required by state law O.C.G.A. § 21-2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; i) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; b) Placing advertisements in the City'S legal organ regarding calls for special City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Not less than 30 days prior to Election Day, verify the accuracy of the voter list(s) for City residents; d) Providing the County with a detailed map showing the City'S municipal boundaries and voting district boundaries; e) For all aspects related to the issuance of bonds by the City, except for City referendum election duties specifically requested of the County as provided herein; f) Notifying the County immediately of the need for a special City election including election races and/or ballot referendum questions; g) Provide the County the ballot language for any election, including election races and/or ballot referendum questions, seventy-five (75) days before Election Day for an election that contains a federal contest and sixty (60) days before Election Day for all other elections; h) Providing the County with an electronic copy of referendums that must be placed on a ballot; Page 3 of 12 i) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and j) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 Pursuant to this Agreement and O.C.G.A. § 21-2-2-45(c) now and as it may be amended hereafter, the City shall pay to the County all costs incurred in performing the functions agreed upon herein, plus a 10% administrative fee, and City agrees to pay County the actual costs incurred by County in conducting City elections as stated on the County's invoice. City shall remit said funds to County within thirty (30) days of receipt of invoice. 4.2 For City elections that are to be conducted contemporaneously with a countywide election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election and runoff costs based on the municipality's pro-rata share of the number of electors in the municipality versus the total number of electors in the County. i) An estimate of the City's pro-rata share of the election and runoff costs based on the number of electors will be provided to the City and 75% ofthat amount is due to the County ninety (90) days prior to Election Day. ii) Following the election and runoff, the actual costs of the election and runoff will be determined, as well as the City'S pro-rata share of the actual costs. iii) If based on the estimated election costs a refund is due to the City said refund will issue within ninety (90) days after the election and runoff election. iv) If based on the estimated election costs the City owes the County an additional amount for the election and runoff, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.3 For City elections that are not conducted contemporaneously with a countywide election, the City will pay the actual cost of such election and runoff based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. ii) Following the election and runoff, the actual costs of the election and runoff will be determined. iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election and runoff election. Page 4 of 12 iv) If based on the payment made in compliance with Exhibit B the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.4 Failure to timely remit the funds owed will result in a 10% per month penalty. ARTICLE 5 LEGAL RESPONSIBILITIES 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney's fees for the County Attorney or outside counsel and all expenses associated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney's fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Page 5 of12 5.6 Should it be necessary to comply with legal requirements that any of the County's personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. ARTICLE 9 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by the City to the County Elections Superintendent or by the County to the City Manager via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: Page 6 of12 If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 If to the City: City Manager With a copy to: City Attorney ARTICLE 10 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 11 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in tills Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. Page 7 of 12 ARTICLE 12 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any patty institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. ARTICLE 13 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties' successors. ARTICLE 14 COUNTERP ARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 8 of 12 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FUL TON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: -------------------------- Clerk to Commission Date: ---------------- ATTEST: APPROVED AS TO FORM: Fulton County Attorney's Office APPROVED AS TO SUBSTANCE: Richard Barron Director, Fulton County Board of Registrations and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 9 of 12 CITY OF MILTON, GEORGIA _________ (SEAL) Mayor Date: ---- Municipal Clerk (SEAL) APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: City Attorney City Manager P:\CAContracts\Elections\6.24.16 Milton CONTRACT November 20 16.doc Page 10 of 12 EXHIBIT A As per the Agreement executed on , THE CITY OF MIL TON hereby requests that Fulton County conduct its Special Election on November, 8th 2016 within the boundary of Fulton County. The last day to register to vote in this election is October 8, 2016. The list of early voting locations will be forthcoming. This day of , 20_. (SEAL) Municipal Clerk The Fulton County Board of Registrations and Elections agrees to conduct the CITY OF MILTON Special Election on November 8, 2016 within the boundary of Fulton County. This day of , 20_ (SEAL) Elections Superintendent Fulton County Board of Registrations and Elections Page 11 of 12 MIL TON SPECIAL ELECTION - 11/8/2016 350-265- EXHIBIT B COST 1001 SALARIES - OVERTIME Admin.lElections/Registration/I.T.I Public Safety/Election Day $10,883.00 SALARIES TEMPORARY STAFF 11,626.00 EARLY VOTING TEMPORARY STAFF 1010 SOCIAL SECURITY-SALARIES $2,179.00 1011 SOCIAL SECURITY -MEDICARE $605.00 1060 UNEMPLOYMENT INS $80.00 1120 - RENTAL EQUIPMENT $3,628.00 1121 - RENTAL BUILDINGS $883.00 1159 HOURLY FEE PERSONNEL Poll Worker Pay and Training Class Fee Election Day Technicians Election Night Workers HOURLY FEE PERSONNEL $10,437.00 1160 PROFESSIONAL SERVICES Attorney Fees/Mise TOTAL PROFESSIONAL SERVICES $950.00 1169 FEES BRE Board Meeting Fees TOTAL BRE FEES $40.00 1342 ADVERTISING Advertisment 4,011.00 TOTAL ADVERTISING 1346 MILEAGE TOTAL 1346 MILEAGE $37.00 1452 VEHICLE SUPPLIES Gasoline $1,259.00 TOTAL 1452 VEHICLE SUPPLIES MIL TON SPECIAL ELECTION - 11/8/2016 350-265- EXHIBIT B 1456 POSTAGE Mailing of Absentee Ballots Letters to voters, candidates, poll workers Mailing of Precinct Cards $1,174.00 TOTAL POSTAGE 1459 PRINTING & BINDING Opening & Closing Instructions and SOVC's & PW Manuals $1,708.00 TOTAL 1459 PRINTING & BINDING 1461 PHOTOCOPIES Sample Ballots & Letter of Instructions $89.00 1462 OFFICE SUPPLIES Test Deck, Ballot Setup Fee, Ballot Cards, Supplies TOTAL 1462 OFFICE SUPPLIES $3,415.00 1501 INS H $744.00 1505 INS L $31.00 1510 INS D $37.00 15121NSV $12.00 1522 RET $1,047.00 1525 PENE $67.00 1527 DC CONTR $1,475.00 1529 DC CONTR $203.00 SUBTOTAL $56,620 ADMINISTRATIVE FEE - 10% $5,662 GRAND TOTAL MIL TON SPECIAL ELECTION $62,282 8-Nov-16 Invoice _- --- - ,..._ _ • J ,.. -- _" --- r""" .," r, - -;w -.,., -"~ - fULTON COUNTY Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax: (404) 730-7024 Date: 6/27/2016 INVOICE # MIL 1182016 City of Milton City Clerk's Office 13000 Deerfield Parkway TO Suite 107 Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon Qty Description Total Advance Costs to Conduct 1 Special Municipal Election $56,620.00 City of Milton, November 8, 2016 2 Administrative Fee -% 10 $5,662.00 $62,282.00 Make all checks payable to: FULTON COUNTY DEPARTMENT OF FINANCE