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HomeMy WebLinkAboutAgenda Packet CC - 11/21/2016 - CITY COUNCIL MEETING PACKET 11-21-2016 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, November 21, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Jason Howard, Stonecreek Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 16-265) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 21, 2016 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the September 7, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-266) (Sudie Gordon, City Clerk) 2. Approval of a Governmental Lease Agreement for Lighting Services between Georgia Power and the City of Milton to Provide Street Lighting and Parking Lot Lighting for City Hall. (Agenda Item No. 16-267) (Carter Lucas, Assistant City Manager ) 3. Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Construction of Two Bridges and Removal of the Dock at Providence Park. (Agenda Item No. 16-268) (Jim Cregge, Parks and Recreation Director) 6) REPORTS AND PRESENTATIONS 1. Presentation of the Georgia Recreation and Parks Association State Volunteer Award. (Jim Cregge, Parks and Recreation Director) 7) FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 16-269) (Teresa Stickels, Sustainability Coordinator) 2. Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances. (Agenda Item No. 16-270) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 21, 2016 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING 1. Consideration of an Ordinance to Amend Chapter 2, Article VIII, Ethics Code, of the City of Milton Code of Ordinances. (Agenda Item No. 16-245) (Discussed under New Business at October 17, 2016 Regular City Council Meeting) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions Located within the Five Acre Road Zone. (Agenda Item No. 16-271) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions on Property Adjacent to Highway 9 between the Forsyth County Line and the City limits of the City of Alpharetta, Excluding Property located in the Five Acre Road Zone. (Agenda Item No. 16-272) (Ken Jarrard, City Attorney) 9) ZONING AGENDA 1. Consideration of RZ16-04 – To Create Retaining Wall Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. (Agenda Item No. 16-256) (First Presentation at November 7, 2016 Regular City Council Meeting) (Discussed at November 14, 2016 City Council Work Session) (Kathleen Field, Community Development Director) 2. Consideration of RZ16-06 – To Require Fence Permits for Fences Erected for Agricultural Purposes in Section 64-212 Fence and Wall Specifications; exemptions. (Agenda Item No. 16-257) (First Presentation at November 7, 2016 Regular City Council Meeting) (Discussed at November 14, 2016 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 21, 2016 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 2, Article VIII, Ethics Code, of the City of Milton Code of Ordinances. (Agenda Item No. 16-245) (Discussed under New Business at October 17, 2016 Regular City Council Meeting) (Public Hearing held at November 21, 2016 Regular City Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Cultural Arts Committee for District 1/Post 2. (Agenda Item No. 16-273) (Mayor Joe Lockwood) 2. Consideration of a Resolution Appointing A Member to the City of Milton Cultural Arts Committee for District 2/Post 1. (Agenda Item No. 16-274) (Mayor Joe Lockwood) 3. Consideration of an Ordinance to Amend the Charter of the City of Milton for the Purpose of Clarifying Section 1.12(b)(40)(A) and Section 6.11(b). (Agenda Item No. 16-244) (Discussed under New Business at October 17, 2016 Regular City Council Meeting) (Ken Jarrard, City Attorney) 4. Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions Located within the Five Acre Road Zone. (Agenda Item No. 16-271) (Public Hearing held at November 21, 2016 Regular City Council Meeting) (Ken Jarrard, City Attorney) 5. Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions on Property Adjacent to Highway 9 between the Forsyth County Line and the City limits of the City of Alpharetta, Excluding Property located in the Five Acre Road Zone. (Public Hearing held at November 21, 2016 Regular City Council Meeting) (Agenda Item No. 16-272) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 21, 2016 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6. Consideration of a Resolution to Approve Mobilitie, LLC’s Application for Utilization of the Public Rights of Way of the City of Milton for Telecommunication Facilities, as Authorized by Law. (Agenda Item No. 16-275) (Discussed at November 14, 2016 Work Session) (Ken Jarrard, City Attorney) 7. Consideration of the City Council of the City of Milton Declaring the Results of an Election Determining the Issuance of General Obligation Bonds by the City of Milton and For Other Related Purposes. (Agenda Item No. 16-276) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Community Development 2. Parks and Recreation 3. Communications 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-277) The minutes were provided electronically E`1 HOME OP'THE BEST 01 )At OF LIFIN LEO MILTONVEESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Ngyember 10, 2016 FROM: Steven Krokoff, City Manager ;^ AGENDA ITEM: Approval of a Governmental Lease Agreement for Lighting Services between Georgia Power and the City of Milton to Provide Street Lighting and Parking Lot Lighting for City Hall. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)-APPROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: P'YES () NO CITY ATTORNEY REVIEW REQUIRED: (.Ii ES () NO APPROVAL BY CITY ATTORNEY: (01APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: lift,/760 REMARKS: Youlm PHONE: 678,242.25001 FAX: 678.242.2499 reen • *mss a• a�T inlofcityolmiltongo.us l w .eflyofmiltonga.ua wi un Communi a' 13000 Deerfield Parkway, Suite 1071 Milton GA 30004-=.a=•e ..o,:o/ To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on November 8, 2016 for the November 21, 2016 Regular Council Meeting Agenda Item: Approval of a Governmental Lease Agreement for Lighting Services between Georgia Power and the City of Milton to Provide Street Lighting and Parking Lot Lighting for City Hall ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As the local service provider in this area this agreement is to provide street lighting for the construction of City Hall along Lecoma Trace and Heritage Walk. In addition, Georgia Power will provide 5 on site, parking lot lights. Funding and Fiscal Impact: Funding is available in the City Hall construction budget for this item. Alternatives: None. Legal Review: Jarrard & Davis – Sam Van VanVolkenburgh Concurrent Review: Steve Krokoff – City Manager Attachment(s): Lease Agreement Governmental NESC® Lease Agreement Lighting Services Customer Legal Name City of Milton Service Address / Mailing Address Email Tel # DBA Milton Citv Hall Tax ID . � Business Description Site &Street Lighting Existing If Yes (and if possible), does Customer want If Yes, Which Customer Yes ® No ❑ Equipment added to an existing account? Yes ❑ No ® Account Number GEORGIA POWER ASQVTMlRN COMPANY County Fulton Alt Tel Equipment (excludes any applicable sales taxes) Action Qty Wattage Type Description OH/ UG M/ UM Equipment Amount ($) Estimated Regulated Char e $ ` Estimated Monthly Char e $ INS 8 100 LED Kin Luminaire Post To s UG UM $229.04 $26.56 $255.60 z INS 5 70 LED Lumec Shepherd's Crook Area Fixtures UG UM $164.75 $11.50 $176.25 3 4 5 Install (INS) Remove (REM) Reconnect (R/C) Previously UnBilled (UNB) Monthly Total " $393.79 $38.06 $431.85 The Regulated Charge is subject to change at any time as dictated by the Georgia Public Service Commission. The amount shown is an estimate based on Summer rates in effect at time of Agreement proposal; actual charges may vary. Project Notes: Initial Term 1 months Prepaid Amount (excludes any applicable sales taxes) $59,895.00 Customer agrees to lease the Equipment referenced above from Georgia Power Company on the attached terms and conditions and authorizes all actions noted above. Customer also agrees to allow removal of existing outdoor lights as outlined in the removal contract incorporated by this reference. Yes ❑ N/A Customer Authorized Signature Date Georgia Power Company Date Print Print Name $� Name William Canad Print Print Title Title Account Executive GPC Internal Use Only DWE INS /REM HID /LED INS UNREG LED NEW Lead # PPID# DWE _ _ _ _ _ Rev Class: Coml ® Res ❑ Ind ❑ DWE DWE DWE Region Metro North _ _ _ _ Construction: New ® Existing ❑ Customer Choice? Yes ❑ No If an existing customer, list account number if it is not shown above: NESC is afederally registered trademark of IEEE Page 1 of 2 Revised 1/15/2014 TERMS and CONDITIONS (Governmental NESC) 1. Lighting Equipment Lease. This Lease Agreement ("Agreement"), consisting of four (4) pages, states the agreed terms and conditions upon which Georgia Power Company ("GPC") will: (1) install and lease to "Customer" (identified on Page 1) the "Equipment referenced on Page 1 for use at the stated "Service Address" (the "Premises"); and (ii) provide electric service to operate the Equipment. The "Equipment" includes all poles, bases, wiring, conduit, fixtures, controls, and related items necessary to provide lighting service through the listed fixtures, unless expressly noted otherwise in "Project Notes." Customer acknowledges that regulatory change during the Agreement term may require GPC to modify or replace some Equipment. 2. Intent and Title. This Agreement is not a sale of the Equipment to Customer. Customer expressly acknowledges that GPC retains title to the Equipment and agrees that this Agreement only gives Customer the right to use the Equipment during the Agreement term, so long as Customer complies with all terms and conditions. Customer acknowledges that the Equipment, although attached to real property, always will remain the exclusive personal property of GPC and that GPC may remove the Equipment when this Agreement ends. Customer authorizes GPC, without further consent or action, to file any UCC financing statement or security agreement relating to the Equipment and agrees that GPC may record those documents. GPC makes no representation or warranty regarding treatment of this transaction by the Internal Revenue Service or the status of this Agreement under any federal or state tax law; Customer enters into this Agreement in sole reliance upon Customer's own advisors. 3. Term. This Agreement shall be effective upon the last -dated signature written on Page 1. Following installation of the Equipment, the maintenance and electric service obligations of this Agreement shall begin, and shall extend for an initial term of sixty (60) months. Without regard to whether this Agreement creates a long- term debt obligation or arises from a proprietary function of Customer, if the Term of this Agreement is longer than one year, the parties agree that this Agreement, as provided by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of Customer on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent Customer's provision of written notice of non -renewal to GPC at least thirty (30) days prior to the end of the then current calendar year. The terms of the previous sentence notwithstanding to the contrary, Customer shall remain obligated to pay Company all amounts due and owing under the Agreement as of the time of termination on December 31 of each calendar year. _ After the initial term, this Agreement automatically renews on a month-to-month basis until terminated by either party by providing written notice of intent to terminate to the other party at least 30 days before the desired termination date. CPC's address for notice is 1790 Montreal Circle, Tucker, GA 30084-6801; Customer's mailing address is noted on Page 1. Solely for purposes of acknowledging the requirements of O.C.G.A. § 36-60-13(a)(4), the parties recognize that to the extent, if any, that title is conveyed by this Agreement, title to any supplies, materials, equipment or other personal property shall remain in GPC until fully paid by Customer. Any other term of this agreement notwithstanding to the contrary, the parties expressly recognize that no title will transfer by way of this Agreement and that, as stated in section 2 above, the Equipment will always remain the exclusive personal property of GPC and that GPC may remove the Equipment when this Agreement ends. 4. Payment. GPC will invoice Customer per the terms stated on Page 1, subject to any change in the electric service charge dictated by the Georgia Public Service Commission. During the initial term of this agreement, there will be no change to the unregulated Equipment Amount reflected on the first page of this Agreement. Customer agrees to pay the amount billed by the due date (20 days after billing date). Customer acknowledges GPC may require Customer to pay a deposit of up to two times the Estimated Monthly Charge in order to continue service. If applicable, Customer must provide a copy of its Georgia sales tax exemption certificate. 5. Premises Activity. Customer grants a license and right of access to GPC, and its contractors and representatives, to enter the Premises with vehicles and equipment to: (i) install and connect the Equipment and, if applicable, remove or disconnect existing equipment (collectively, the "Installation"); (ii) inspect, maintain, test, replace, repair, or remove the Equipment; (iii) provide electric service for the Equipment; or (iv) conduct any other Agreement -related activity (items (i) - (iv) collectively, the "GPC Activity"). Except when emergency repairs are required, GPC shall provide Customer with reasonable advance notice of GPC Activity and the parties shall coordinate the timing of GPC Activity to avoid, to the extent reasonably possible, disruption to the use of the Premises. Customer represents that the individual signing this Agreement on its behalf has authority to do so and that it has express authority from all Premises owners (and any other party with rights in the Premises) to enter into this Agreement and to authorize the GPC Activity. Customer is solely responsible for safety of the Premises and agrees that GPC has no obligation to ensure the safety of the Premises through the provision of the Equipment or related electric service or lighting service. The previous sentence is not intended to relieve GPC and its agents and contractors from any duty with respect to the physical structure of the Equipment, insofar as it is installed and maintained by GPC, or any duty to safely perform installation and maintenance procedures. 6. Installation. Customer represents that: (i) the Premises' final grade will vary no more than 6 inches from the grade existing at the time of Installation; and (ii) if applicable and required for proper Installation, Premises property lines will be clearly marked before Installation. A. Customer Work. If GPC, upon Customers request, allows Customer to perform any part of the Installation (including trenching) itself or through a third party, Customer warrants that the work will meet GPC's installation specifications (which GPC will provide to Customer and are incorporated by this reference). Customer is responsible for all reasonable additional costs arising from Customer's non-compliance with CPC's specifications or lack of timely (i.e., 10 days') notice to GPC that GPC's Installation activity can commence. B. Underground Facility/Obstruction Not Subject to Dig Law. Because GPC Activity may require excavation not subject to the Georgia Utility Facility Protection Act (O.C.G.A. §§25-9-1 - 25-9-13) ("Dig Law"), Customer must mark any private utility or facility (e.g., gas/ water/sewer line; irrigation facility; low voltage data/communication line) or other underground obstruction at the Premises that is not subject to the Dig Law. If GPC causes or incurs damage due to Customer's failure to mark a private facility or obstruction before GPC commences Installation, Customer is responsible, to the extent allowed by law, for all damages and any resulting delay. C. Unforeseen Condition. The estimated charges shown on Page 1 include no allowance for any subsurface rock, wetland, underground stream, buried waste, unsuitable soil, underground obstruction, archeological artifact, burial ground, threatened or endangered species, hazardous substance, etc. not already marked or identified ("Unforeseen Condition"). If GPC encounters an Unforeseen Condition, GPC, in its sole discretion, may stop all GPC Activity until Customer either remedies the condition or agrees to reimburse all GPC costs arising from the condition. Customer is responsible for all costs of Equipment modification or change requested by Customer or dictated by an Unforeseen Condition or circumstance outside GPC's control, provided that all such additional unanticipated costs shall be first approved in writing by Customer before they are incurred by GPC, which approval will not be unreasonably withheld. If GPC determines that the Equipment cannot be properly installed or maintained due to an Unforeseen Condition, GPC will have no obligation under this Agreement unless and until Customer approves said additional unanticipated costs. 7. Equipment Protection and Damage. After Installation and throughout this Agreement's term, in the event of any work or digging nearthe Equipment, Customer (or any person or entity working on Customer's behalf) must: (i) provide notices and locate requests to the Georgia Utilities Protection Center ("UPC") and other utility owners or operators as required by the then current Dig Law; (ii) coordinate with the UPC and all utility facility owners or operators as required by the Dig Law; and (iii) comply with the High-voltage Safety Act (O.C.G.A. §§46-3-30 -- 46-3-40). As between Customer and GPC, Customer is responsible (to the extent allowed by law) for all damages arising from failure to comply with applicable law or for Equipment damage caused by Customer and its agents or representatives. . 8. Maintenance. During this Agreement's term, GPC will maintain the Equipment and will bear the cost of routine repair or replacement, including repair or replacement arising from damage caused by natural forces (e.g. weather) or from defects in the Equipment itself. Customer must notify GPC of any need for Equipment repair by either calling 1-888- 660-5890 or by reporting the need online (http:l/outdoorlightinq.georgiapower.com). 9. Pole Attachments, If Customer desires to attach anything to any Equipment (poles, light fixtures, etc.), Customer must first obtain GPC's written consent. Customer must call GPC Lighting Services Business Unit at 1-888-768-8458 to obtain the proper pole attachment authorization. 10. Disclaimer; Damages. GPC makes no covenant, warranty, or representation of any kind (including warranty of fitness for a particular purpose or of merchantability) regarding the Equipment or any GPC Activity. Customer also acknowledges that, due to the unique characteristics of the Premises, Customer's needs, or Equipment choice, the Equipment may not follow IESNA guidelines. The previous two sentences notwithstanding, GPC will maintain the Equipment and provide electric service to the extent of its obligations herein, in order to ensure that the Equipment properly operates. Customer waives any right to consequential, special, treble, exemplary, punitive, loss of business reputation, or loss of use (including loss of revenue, profits, or capital costs) damages in connection with the Equipment or this Agreement, or arising from damage, hindrance, or delay involving the Equipment or this Agreement, whether or not reasonable, foreseeable, contemplated, or avoidable. 11. Risk Allocation Liability. To the extent permitted by law, each party will be responsible for its own acts and the results of its acts. 12. Default. Customer is in default if Customer does not pay the entire amount owed within 45 days of billing. GPC's waiver of any past default will not waive any other default. If default occurs, GPC, at its discretion, may immediately terminate this Agreement, collect all past due amounts (including late fees) and all amounts due for the Equipment during the remaining Agreement term, remove the Equipment from the Premises, and seek any other available remedy. 13. Georgia Security, Immigration, and Compliance Act. Customer is a "public employer" as defined by O.C.G.A. § 13-10-91 and this Agreement is a contract for physical performance of services within the State of Georgia. Compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 is a condition of this Agreement and is mandatory. GPC's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 will be attested by execution of the contractor's affidavit attached as Exhibit "1 " and made a part of this Agreement. GPC agrees that, if it employs or contracts with any subcontractor(s) in connection with this Agreement, GPC will secure from each subcontractor attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02 by execution of a subcontractor's affidavit in the form attached as Exhibit "2." The affidavit will become a part of the GPC/subcontractor agreement, as pertaining to this Agreement, and GPC will maintain records of the affidavits for inspection by Customer. GPC agrees that the following employee -number category is applicable to it: _ 500 or more employees _. GPC further agrees that, in the event GPC 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, GPC will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. 14. Title VI Compliance. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law pertaining thereto, GPC agrees that, during performance of this Agreement, GPC, 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, GPC agrees to require that any subcontractor(s) it employs or contracts with in connection with this agreement to comply with the same. 15. City of Milton Ethics Requirements. GPC and Customer 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. GPC and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 16. Insurance. For purposes of this Agreement, GPC shall maintain statutorily -required workers' compensation insurance and general liability insurance (or its equivalent) with a limit of not less than $2,000,000 per occurrence and automobile liability insurance with a limit of not less than $1,000,000 per accident, for all activities contemplated under this Agreement. GPC may elect, at its discretion, to meet the insurance requirements set forth herein through self-insurance or any combination of self-insurance and additional insurance of any kind. 17. Miscellaneous. This Agreement contains the parties' entire agreement relating to the Equipment and replaces any prior agreement, written or oral. Only a written amendment signed by each party can modify this Agreement, except that either party may update administrative or contact information (e.g., address, phone, website) at any time by written notice to the other party. Neither party will assign, in whole or in part, this Agreement or its Agreement rights or obligations without the opposite party's prior written consent. No assignment, whether with or without consent, relieves either party (as assignor)of its Agreement obligations in the event its assignee fails to perform such obligations. Customer must provide advance notice of a change in control of all, or substantially all, of Customer's ownership or interest in the Premises. In this Agreement, "including" means "including, but not limited to." Georgia law governs this Agreement. If a court rules an Agreement provision unenforceable to any extent, the rest of that provision and all other provisions remain effective. GPC is engaged in an independent business and will to perform all work under this Agreement as an independent contractor and not as the agent or employee of the Customer. Nothing contained in this Agreement shall be construed to be a waiver of the Customer's sovereign immunity or any individual's qualified good faith or official immunities, where such immunities exist under applicable law. Nothing herein shall be construed as creating any individual or personal liability on the part of any of Customer's elected or appointed officials, officers, directors or employees to the extent greater than that provided by operation of law. William H. From: Sent: Ahern, James J. (J.J.) Tuesday, October 18, 2016 5:06 PM To: Canady, William H. Cc: Knight, Kirk; Lindsay, Jack Subject: City of Milton: Account Executive Authority to Sign GPC Lighting Lease Agreements Regarding our lighting the City of Milton City Hall lighting project: Under LSBU processes and procedures, as an Account Executive, William Canady has the authority to sign our Lighting leases on behalf of Georgia Power to bind us to those terms and conditions. Thanks, �6;r 0� Georgia Power Lighting Services I Sales Manager 770-621-2450 jiahern@southernco.com HOME pF'THE BEST QUALITY OF LIFE IN LEON MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 16, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scopes, Inc. for the Construction of Two Bridges and Removal of the Dock at Providence Park MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4-rES (J NO CITY ATTORNEY REVIEW REQUIRED: W�ES (J NO APPROVAL BY CITY ATTORNEY. VAPPROVED NOT APPROVED PLACED ON AGENDA FOR: Iz JZd6 REMARKS: ©y you= PHONE: 678.242.25001 FAX: 678.242.2499 Green • •tea* Info®cityolmllbn®a.uz www.cNyofmlNnnoa.us �n C011111711111�I y, w % 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ' !r =••*�� •o a.o,:. '�;-j Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on November 16, 2016 for the November 21, 2016 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Construction of Two Bridges and Removal of the Dock at Providence Park ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Construction Services Agreement between the City of Milton and Tri Scapes, Inc. for the Construction of Two Bridges and Removal of the Dock at Providence Park. Executive Summary: An Invitation to Bid was issued on September 1, 2016 for the demolition of the dock and one bridge at Providence Park. Also part of the scope of work was the construction of two new bridges and repairs to another bridge. Two responses were received on October 4, 2016. Both responses were from qualified bidders and therefore the lowest priced bidder was selected. Funding and Fiscal Impact: The cost of this project will not exceed $43,330.65 and will be funded with capital funds that have been previously allocated for this project. Alternatives: The work must be performed as an engineering study conducted earlier this year confirmed that the structures are in need of removal as they are unsafe Page 2 of 2 and require replacement. The only viable alternative would be to start over and re-bid the project. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (November 8, 2016) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) Construction Services Agreement with Tri Scapes, Inc. n.NLLtiIIFD:T CONSTRUCTION SERVICES AGREEMENT Providence Park Bridges and Dock Project This Construction Services Agreement (the "Agreement") is made and entered into this day of , 20_ (the 'Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and Tri Scopes, Inc., a Georgia corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited an Invitation to Bid for construction of the Project pursuant to the Request for Bids, dated September 1, 2016, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 16-PR02 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local taws, ordinances, rules and regulations that may in any manner affect cost, progress or performance Construction Services Agreement I Version 1.0 of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bid, attached hereto as "Exhibit A",- B. ";B. Bid Documents from Contractor, dated October 11, 2016, attached hereto as "Exhibit 1311; C. Scope of Work, attached hereto as "Exhibit C11; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as "Exhibits D.1 and D:21f; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2",- H. .2";H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H11; 1. Additional Payment/Retainage Requirements, attached hereto as "Exhibit P1; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K11; L. General Conditions (if issued), attached hereto as "Exhibit L11; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M11; N. Notice of Award, attached hereto as "Exhibit N11; o. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 ('onstruction Services Agruement ; Version LO below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description: Architect Eneineer• Contract Administrator A. Proiect. A general description of the Project is as follows: Demolition/Re- construction of Bridge #1, Construct Culvert Crossing #4, Repair Bridge #3, and Dock Demolition at Providence Park (the "Project). A third -party Architect or Engineer (as identified below) was retained to design this Project. The Engineer will not be responsible for overseeing the Project, but may be consulted by the City as necessary for interpretation of design documents. B. Arehitect/Eneineer (if any). (i) Architect [if applicable]. The Project has been designed by n/a (hereinafter referred to as the "Architect,'). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) En ip neer [if applicable]. The Project has been designed by David J. Hodges, PE, PC (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: City of Milton Parks and Recreation Department. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work' includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as Construction Services Agreement I Version I A determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans: Drawings and Specifications. The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shoo Drawings. Product Data, and Samples Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions ofthe Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" we drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliancewith the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the infomtation contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action, The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples Construction Services Agnxment I Version I.() or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term: Liquidated Damages; Expedited Completion Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before January 31, 2017 (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by Construction Services Agreement Version 1.0 O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent the City's provision of written notice of non- renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damage . Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City u/a and 00/100 Dollars ($ 00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensue timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working fomes; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing ofthe specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether Constmction Scrvicos Agrccmcnt I Version 1.0 or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $43,330.65 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a Lump Sum Contact Price, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Chance Orders Constmction Services Agreement 1 Version LO A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. 13. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or my Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code: Conflict of Interest (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work Should Contractor become aware of any circumstances Construction Services Agreement I Version 1.0 that may cause a conflict of interest during the Tenn of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetines. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term ofthis Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an on with the requisite capacity, experience, and professional skill and judgment to provide the Work in Pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Congtniction Sen ices Agreement I Version 1.0 Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents we complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information famished by the City, shall take field measurements Of any existing conditions related to that portion of the Work, and shall Construction Services Agreement I Version 1.0 observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Tenn of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. Supervision Inspection and Construction Procedures. The Contractor shall Comtruclion Services Agreement I Version LO supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and Shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or theirprotection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods me necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inscections Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, Construction Services Agreement I version 1.0 inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and it are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budeo?ar�Limitations' Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. Citv's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions b the Ci Contractor must have timely mforannion and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncoverine and Correction of Work If a is covered to the Contract Administrator's request or portion requirements contrary in the Contract Documents, it mustif icifical y expressed Administrator, be unco, requiredn writingby the Contract vered for examination by the Contract Administrator anbe replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to it Contract Documents did not s being covered or which the Contract Admini may require to remain uncovered until examined, the l be uncoveed by the Contractor. If SuchrWork isin accordance with o see such othe Contrark, and it ctlDocuments, costs Constriction Services Agreement I Version 1.0 Of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements Of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall he effected whether or not final payment has been made. L. Clean Un Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contmetor's�..;— Rebecca Martin shall be authorized to act on Contractor's behalf with respect to representative, the Work as Contractor's designated N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contract its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to or, or any of be solely responsible for its own matters relating to the time and place the Work is performed and the method used to Perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any Provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Construction Services Agreement I V711-11111 .0 Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee ofthe Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnificatum of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties') from lfrom and against any and all clai damages, suits, actions, judgments, injuries, osses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilifiesmay "), which arise from or be the result of alleged willfulnegligent, or tortious act or omission arising out of the Work performance of co, ntracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge ,ise or otherwise reduce any other right or obligation of indemnity which would otherw exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any l of damages, imitation on the amount or type Y or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Parly(ics) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. Construction Services Agreement � Version I.o Insurance (1) Requirements: The Contractor shall have and maintain in fiill force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate compmhensive/cxtended/enhanced Commercial General Liability policy with coverage including bodily and Personal injury, sickness, disease or death, injury to or destruction Of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss Of use resulting therefrom. (c) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) Per occurrence or disease. (If Contractor is a sole proprietor, who is Otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a Consbrtetion Services Agreement I Version 1.0 certificate of insurance indicating that such wvemge has been secured and that no individual has been excluded from coverage.) (d) Commercial Umbrella Liability Coverage: $_N/A ( ) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liabili Automobile LisibiI ity and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured party" and collectively "Insured Parties') shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; Products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. Construction ticrviccs Agreement! Version 1.0 (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Worke&C' ora nation Covera e: The insure Compensation Coverage will r providing Workers' agree to waive all rights of subrogation against the Insured Parties for losses arising from Work Performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provision, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification Obligations. Policies shall include an endorsement incorporating the indemnification Obligations assumed by the Contractor under the terms of 'this' AgAgrereememenent.t, including but not limited to Section 7(0) of (5) Acceotability f i -------_: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such inurance shall be placed with insurers) with an A.M. Best Policyholder's rating of Conshuction Scrvices Agrccmcnt I Vrrsion LO no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the Policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (g) Cla'ms-Made Policies: Contractor shall extend any claims -made insurance Policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or Prior to the Effective Date. (9) Pro Bess Payment : The making of progress payments to the Contractor shall not be constmed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreemethe nt, Contractor shall provide Performance and Payment bonds hereto as "Exhibits D.1 and D.2" and with a on the fornrs attached surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary ofbonds covering payment of obligations arising under this Agreement the Contractor shall promptly famish a copy of the bonds , be made. or shall permit a copy to Construction SQrvices Agreement! Version 1.0 R. AssizMaent of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. EmplOVmem of Unauthorized Aliens Prohibited — E -Item Affrdavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical Performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits G.1 and G.2" (affidavits regarding compliance with the E -Verify program to be swom under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorizati period, or on program throughout the contract p (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O. C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in . connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.21, subcontractor affidavit shall become part of the which contrantor/subcontractor affidavit because agreement, a evidence that the subcontractor is not required to provide such an use it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Construction Services Agreement! Version 1.0 Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the Citythe Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contmctor's failure to cooperate with the investigation may be sanctioned by termination of the c and the Contractor shall be liable for all damages anontract, d delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 �UI(51(I\.\IF V11111MIIWVII ( \II00k) li:\Rli 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractors) 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, Records Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements Construction Services Agreement I VVersion 1.0 prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Conhactor shall famish to the City any and all Records in the form requested Contra City. All Records stored on a computer database must be of a to by compatible with the City's computer systems and software. (3) Audits and In ections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representafive(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall Provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the Purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Copfidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Construction Sviviccs Agra.mcni Version 10 Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. All of the individuals identified in "Exhibit 8', attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team, as listed in "Exhibit J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Construction Services Agreement I Version 1.0 Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because ofrace, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the Citv A. Right of Entrv. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Jim Cregge shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Proiect Documents; Warranty A. Final Pro'ect Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly Coustruction Services Agreement I Version 1.0 approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year(s) (the "Warranty Period's from the date of Final Completion (as defined in "Exhibit P', attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for one (1) year(s) (the "Maintenance Period") from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section I 1 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time m appropriated or otherwise unobligated funds are no longer available to satisfy the Construction Services Agreement Version 1.0 obligation of the City D. Pa ent. Provided that no damages are due to the City for Contractor's failure to Perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, Pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Uoon Termination. Upon termination, the Contractor shall: (1) Promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. Citv's Rights; Contractor Default Construction Services Agreement I Version 1.0 A. City Rights Related to the Work. (i) City's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work sball not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the ArohitecVEngineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Tern of this Agreement: (a) a failure to fulfill in a timely and proper warmer Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force mejeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be faikless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. Ifthe default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Construction Services Agreement I Version 1.0 Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Goveming Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the Hiles, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement tray be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competentjurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business Carstruction Services Agreement I Version 1.0 license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Jim Cregge for the City and Rebecca Martin for the Contractor. (2) Oficial Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously famished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Atm: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. 1595 Peachtree Parkway, Stes 204-396 Cumming, GA 30041 G. Waiver of Aereement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. Construction Services Agreement'I Version 1.0 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. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Maieure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any oftheir respective duties or obligations under this Agreement or for any delay in such performance due to: (f) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. Construction Services Agreement I Version I.(I 0. Agreement Construction and Interpretation Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural Words or terms used as nouns in the Agreement shall he inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Construction Services Agreement I Version LO CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRA O :Tri Scapes n . Ey: Print Name: Rebecca Martin Its: PresidentlCFO Presider ice President (Corporation) [CORPORATE SEAL] (required if corporation) AttestiWitnesa: Print Name: Quinn Martin Its: SecretarylCEO ((Assistant Corporate Secretary Construction Services Agreement; Version LQ "EXHIBIT A" 1'- 118 1-PR02 Providence Park Bri[ IM I6-PR02 Addendum#l.pdf Addendum x2- Due Date Wension.pdf IM 16-PR02 Addendum C3.pdf CITY OF MILTON M 1 LTO Nil` INVITATION TO BID f TM! IgIFn hTh (MS IS NOT AN ORDER) Bid Number:Project Neme: 16-PRB2 Providence Park Bridges and Dock Project Due Date and Time: Bidder Federal I.D. Number: October 4, 2016 Number of Pages: 97 Local Time: 2:00pm September 1, 2016 Parks and Recreation Department Phone: 678-242-2300 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: w .cityol Return City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Mark Face of Envelope/P Bid Number: 16-PR02 Name of Company or Firm Special Instructions: Deadline for Written Questions September 16th ,2016 at 5:00 pm Email questions to Honor Motes at BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signmory: (Pees¢pmmnaaea signinink) Bidder Phone Number. Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN TH6S COVER SHEETWITH BID RESPONSE ITB 16-PR02 1 1 P a g e Table of Contents Tonic Page Invitation to Bid 3 Bidding Instructions (What must be submitted) 4 Insurance/Bond Requirements 5 Bid Form and Addenda Acknowledgement 9 Bid Bond 1 I Qualifications Signature and Certification 14 Corporate Certificate 14 List of Subcontractors 15 Contractor Affidavit and Agreement (eVerify) 16 Bid Schedule 17 Disclosure Fonn 18 Project Specifications 19 Schedule of Events 21 Sample Contract Agreement 29 ITB 16-PR02 2 1 F HNA I LTO N't rsrnmtsi Invitation to Bid 16-PR02 The City of Milton is accepting sealed bids from qualified firms for the FY16 Providence Park Bridges and Dock Project for the Parks and Recreation. 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 October 4th, 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-PR02) 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 he in writing. For questions, please email Honor Motes at honormotesfacitynjniiltonkmaiv. Deadline for questions is September 16, 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 September 23, 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-PR02) and bid name (Providence Park Bridges and Dock Project) 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 restart work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is sixty (60) calendar days from the date of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. ITB 16-PR02 3 1 P a g e FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) I Filled out and Signed Invitation to Bid I 2 Bid Form and Addenda Acknowledgement (2 pages) 9-10 3 Bid Bond (3 pages) 11-12-13 4 Qualification Signature and Certification 14 5 List of Subcontractors 15 6 Contractor Affidavit and Agreement (eVerify) 16 7 Bid Schedule (3 pages) 17 8 Disclosure Form 18 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a purchasing contract with one firm to be the primary supplier of the Providence Park Bridges and Dock Project, 16-PR02. 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 time 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 solejudge 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 city owned property 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. ITB 16-PR02 4 P a g c EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: ITB 16-PR02 5 P a g c (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 Cityor City Parties shall be in excess ofthe 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:VL (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 ITB 16-PR02 6 1 P a g e 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 Agreemem; except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A.§§ 32-4-122 and 36-91-21(e). ITB 16-PR02 7 1 P a g 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. ITB 16-PR02 8 1 P a g e HOMEOF' M 111-ON's ESTARWH in AM [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-PRO2 Providence Park Bridges and Dock Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. 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. All materials demolished in accordance with this work shall be removed from the park and properly disposed of. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within sixty (60) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion ITB 16-PRO2 91 P a g e date. HOME OF NA' I LTO N *k ESTAKIA 511 GD 20 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 Bidder (Seal) Bidder Mailing Address: Company Name Signature: Print Name: Title: ITB 16-PR02 10 1 Page HOME OF M-1 [_TO N' tSTANLISHrn taw (BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1 BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: M WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY Surety's Name and Corporate Seal (Seal) By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: ITB 16-PR02 11 1 P a g e Note: (1) Above addresses are to be used for giving any notice required by the terns of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. ITB 16-PR02 12 1 P a g e 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 16-PR02 131 P a g c HONE OF MI L [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. 1 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-!0- 20 et seq. have not been violated and will not be violated in any respect. Authorized Printlfype Name Print/Type Company Name CORPORATE CERTIFICATE t, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of day of , 20 (Seal) (S�gnature) ITB 16-PR02 14 1 P a g e HM 1 LTO N' ESTiRLISnrO 1006 [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 ITS 16-PR02 151 P a g e HOME Of [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] 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 of Authorization Name of Contractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in _city), _(state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THEDAY OF -201-. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ITB 16-PR02 16 1 P a g e N9,VFCf' �s*nn iuumxv, [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE) BID SCHEDULE Total Bid Price $ Print Total Bid Price Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. PRINT / TYPE NAME TITLE ITB 16-PR02 171 P a g e [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 officialslemployees. as part of your bid package when it is submitted. Please complete this form and return 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.) inaign ibu List the dollar amount/,al d description of each c Melton Official tion made over the past two (2) years by the Applicant/opponent AmounWalue Description at is currently (or has been employed within the last 9 months) Please list any family member th by the City of Milton and your relation: 181Page ITB 16-PR02 PROJECT SPECIFICATIONS PROJECT�IETIDN The City of Milton Parks and Recreation Department (City) requests for interested parties to submit formal sealed bids for the Providence Park Bridges and Dock Project. The project scpe Park s closed to the nce general public in 2004! in 2014, sts of rthe park was purchased from Fultonr (4) specific tasks of work. ProveaCounty and remains closed to this day. Several components of the park have fallen into disrepair. Some of those components have been repaired by the City and others are addressed in this project. Bridge 81 needs to be demolished, hauled off and rebuilt according to pion provided. Bricem dge ent #3 needs a concrete encasement poured around oneofthe four (It to provideotings vehicle llaaccesss of the joist hangars. Anew Culvert Crossing' 4 well as pedestrian access between the east and west halves of the park. The existing dock and dock pillars must be removed and hauled off. - ge Task # I — Construct Wood Bridge # I - The current bridge is shol I Photos. Following the attached plans of Exhibit B — Bridge 1 (sealed).pdt to wood bridge must be constructed. There are gravel rain breaks on the path to this bridge. These will have to be temporarily removed to provide vehicular access. Upon completion of this scope of work, the rain breaks must be re -installed. Task #2 — Construct Culvert Crossing tf4 This is shown in Exhibit C —Current Culvert Crossing ing 4 ( .pdf, a Culvert bridge Photo. Following the attached plans of Exhibit D—Culvert Crossr must be constructed. There is vehicular access to the location of this bridge. ridge. nt on in Taskts curre, Br dge33 Photos• Folof lllowiingt e engineering port thatridge #3 is shown in • s attached as Exthibit F Exhibit den Current Inspections, the southeast wood foundation has suffered from erosion and the concrete around the pillar has cracked and fallen away. Removehe existing joist hangars Concrete mpsonuStrong Tie Jost fortification of the post. Also, placer a new concrete Hangars that can support at least four (4) nails as identified on page I1 of Exhibit F. Hangars shall be installed in accordance with the manufacturer, s specifications. There is walking access only to this bridge. he current condition of the dock is shown in Exhibit G — Current Task #4 —Dock Demolition —T Dock Photo. The entire dock and pilings must be dismantled, removed From the lake and hauled off the park. The Contractor is responsible for the proper disposal of the materials. There is vehicular access to this location. 191 Page 1TB 16-PR02 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 8:00 am to 5:00 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 ease by case basis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 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. 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. Failure to perform clean-up activities may result in suspension of the work. ITB 16-PR02 20 1 P a g c SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of ITB Date: September I, 2016 Deadline for Written Questions September 16, 2016 @ 5:00 PM *Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office City of Milton Addendum (on or about) September 23, 2016 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due October 4, 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) November 7, 2016 Notice to Proceed Issued (Onlabout) November 8, 2016 ITB 16-PR02 211 P a g c Exhibit A - Current Pictures of Bridge 1 ITB I6-PR02 22 1 P a g e Exhibit B - Bridge 1 (sealed) pdf oe� ITB 16-PR02 231Page No Text w ^ !- ( / § , CD e: j � ` !! !| -in\ } /R Ll =-71— ()( `2 ! ) §° No Text No Text Exhibit C - Current Culvert Crossing Photo IIB 16-PR02 241 P a g e Exhibit D - Culvert Crossing 4 (sealed). Pdf ITB 16-PR02 25 1 P a g e � ) ,) « \\\\ ;\;!)§!}`!4!, � ! ;\;!)§!}`!4!, ; ! !P3 r§ : ;,! ;, ; _,,!`!_`; ` ;! ; ;_1 ;§ §!"§S\� § & §\ A & \ \( \§ § LIZ,,22� 221 --- .. .. , \\ () !§( \ \ \ ) ) \ NNO § § } ) i g \ • | \ g r z. / � §::� z E U ` No Text No Text Exhibit E - Current Bridge 3 Photos 261 Pa Pe Exhibit F - Providence Park Inspections.pdf ITB 16-PR02 27 1 P a g e 83 OAKDALE PATH DAVID 1. HODGES, P. E. DALLAS, GEORGIA 30157 5TRUCTURAL ENGINEERING & SOFTWARE SOLUTIONS (404) 452-1364 Client Mr Benjamin Kopp Signature Research, Inc. 5493 Westmoreland Plaza Douglasville, Georgia 30134 Date: 19 April 2016 Project: Providence Park Inspections Project Number: SRI -018 Mr Kopp I was contacted by Signature Research, Inc. to provide an inspection report for a set of three (3) wood bridges and one (1) dock located at the Providence Park facility in Milton, Georgia. An onsite inspection of the bridges and dock was performed on 12 April 2016 to determine the their suitability for use. I appreciate the opportunity to work with Signature Research, Inc. on this project Please contact me if you have any questions or concerns about this report. Sincerely, Dave Hodges, P.E. `I 41?ti11- 'Z di C page I of I I 83 OAKDALE PATH DAVID 1. HODGES, P. E. DAL AS,GEOAGIA 30157 STRUCTURAL ENG INEER ING& SOFTWARE SOLUT IONS (404)452-1364 Date: 15 April 2016 Project Name: Providence Park Project Number: SRI -018 Overview: Inspection Report Project Description The facility at Providence Park has a lake on the north side as well as a creek and a trail that traverses the creek in three (3) places and is equipped with wooden bridges at each location. The bridges and docks are all of typical wood construction and were built over a period spanning several decades and are in various states of suitability. The dock and each bridge are addressed individually in this report and the recommendations for each will be listed at the end of each section. The wood used on all structures was assumed to be graded #2 southern pine. However, lacking any actual data on the wood used, it most be noted that the wood might not be graded lumber and may not be as strong as what is assumed. The live loadings for a wooden bridge is not specified in any majorly recognized standard but 60 pounds per square foot is likely the highest reasonable expected load for such a structure as said load is frequently used on recreational timber structures throughout the country. Figure 1: Satellite view of Providence Park. Approximate border ofpark shown in red. Dock: Overview and Analysis The dock is supported by 4x4 piles which appear to have been driven into the earth new the lake, but the depth to which they were driven is not known. It is known that the dock was constructed several decades ago, and has not apparently had any significant problems with uneven settling. The dock was recently damaged by a falling rose, but outside the area directly impacted by the tree, no other structural damage was found. page 2 of 11 83 OAKDALE PATH DAVID 1. HDDGES, P. E• DAuaS,GEORGIA30157 (404)452-1364 STRUCTURAL ENGINEERING S SOFTWARE SOLUTIONS Figure 2: Photo of inland portion of dock, showing fallen tree. The joists and decking members of the dock were all cut from 2x6 sawn lumber. The dock was constructed in four (4) square sections, each square having a side of approximately 90 inches. Each section has four (4) joists, each placed at intervals ranging from 19 inches up to 30 inches. The bending stress in an individual joist is calculated below. Decking weight (wa) = 4.4 pat Live load (w,,) = 60 psf Average tributary width (1) = 25 inches Joist weight (q) = 2 Ib/ft Joist length (1)= 90 inches Therefore, the total vertical load on thejoist (q) is equal to q=(we+wT,)t+qt =(60+4.4).(25/12)+2=13611= 11.3 Win The section properties of the 2x6joist are listed below: Width (b)= 1.5 inches Depth (d) = 5.5 inches Therefore, the section modulus ofjoist (S„) is equal to: Se = 6 bd' = 6 -1,5 5.5' =7.56 ins The mordent in the joist (M) is equal to: M = 8 ql' a 8 .I L3 90' =11,485 in -Ib The bending stress in thejoist (je) is equal to: page 3 of 11 83 OAKDALE PATH DAVID J. HODOES, P. E. DALtAs, GEORGIA 30157 STRUCTURAL ENGINEERING& SOFTWARE SOLUTIONS (404)452-1364 M _ 11,485 _ 1,520 psi f, = S. 7.56 The allowable bending stress for southern pine 2x6 members is 1,000 psi. For the expected load, the load duration factor is estimated to be approximately 1.5 (based on a maximum duration of one hour). F,=1,000psi F,Cc =1,0001.5=1,500 psi < 1,520 psi, no good The mention at the end of each joist is calculated below: R=Zql=1.10.9 90=5181b The joists were fastened to the girders using three (3) l6d nails, each of which has an allowable shear of 115 Ib (NDS Table 11 S, page 110). Thus, if the load duration factor is applied, the total strength of the fasteners is: C,Y. = 1.5.3 115 =518lb = 518lb, OK (marginal) The portion of the dock that extends into the lake is shown in the picture below. Figure 3: Dock construction. Note that some decking has been removed. Thejoists on the dock were all cut from 4x4 sawn lumber. The dock was constructed in two (2) sections, each approximately 10 feet in length. Each section is supported by six (6) 4x4 columns. The bending stress in an individual joist is calculated below. Decking weight (wa) = 4.4 psf Live load (wr) = 60 psf Average tributary width (r) = 24 inches Joist weight (q,) = 3 Ib/ft Joist length (0 = 60 inches page 4 of 11 83 OAKDALE PATH DAVID J. HODGES, P. E. DAL AS,GEORGIA30157 STRUCTURAL ENGINEERING& SOFTWARE SOLUTIONS (404)452-1364 Therefore, the total vertical load on the joist (q) is equal to q=(wa+wJt+q,=(60+4.4) 24/12)+3=132lb/ft=11.011i/in The section properties of the 4x4 joist are listed below: Width (6) = 3.5 inches Depth (d) = 3.5 inches Therefore, the section modulus ofjoist (Sa) is equal to: Sn=bbd'=63.5.3.5'=7.15 inr The moment in thejoist (M) is equal to: M = 8 qle = 811.0.60' =4,940 in -lb The bending stress in the joist (fn) is equal to: M _ 4,940 _ I 691psi n=Sa 7.15 p The allowable bending stress for southern pine 4x4 members is 1,100 psi. For the expected load, the load duration factor is estimated to be approximately 1.5 (based on a maximum duration of one hour). fs=1,100psi &C. =1,100-1.5=1,650 psi> 691 psi, OK Dock: Remarks and Recommendations The dock has some members which are not properly designed to meet the requirements of the NDS for wood structures and therefore should be modified. It also has some members which are highly marginal and barely meet the minimum requirements of the standard. It should be noted that in addition to the marginal passing rate of Same of the members, the deck is very old, and neither the condition of the wood, nor its original grading cannot be verified without testing. Though the structure has not shown any signs of failure with the exception of the damage caused by the fallen tree, it is nevertheless recommended that the existing dock be removed and replaced with new wood construction. It is furthermore recommended that if new dock is 0 be constructed, that it be built approximately 18 inches higher than the existing one to avoid damage in the deck during flooding. Bridge 1: Remarks and Recommendations The first bridge is constructed from two (2) round wood poles that span the gap with the decking fastened to the poles. The bridge is very old, very poorly constructed, has mils that do not meet the requirements for safe use, and furthermore has been damaged by Flood waters. page 5 of l l ALE PATH ��-AVID J. HODGES,P.E. d30ARGIA30157 DALL45. GEORGIA 30157 STRUCTURAL ENGINEERING& SOFTWARE SOLUTIONS (404)452-1364 Figure 4: First bridge. Whilst it would be possible to analyse the bridge and detail the list of problems it has, no analysis will be included here. It recommended to have this bridge completely dismantled and its structural components discarded or put to use in non- structural applications. NOW that the bridge is not currently in danger of collapsing under loads mounted from individual persons using it, However, if the facility is to be opened for use to others, this bridge should not be used. Bridge 2: Overview and Analysis The second bridge is constructed from four (4) double 2x12 girders and 1x6 decking fastened to the girders. The second bridge is shown below. Figure 5: Second bridge. Note the void in the earth to the right of the walkway. page 6 of 1I �0 83 OAKDALE PATH DAVID J. HODGES, P. E. DALLAS, GEORGIA 30157 STRUCTURAL ENGINEERING S SOFTWARE SOLUTIONS (404)452-1364 Figure 6: Broken damaged 1x6 decking. Figure1r: Damaged Ix6 hand mil. The bending stress in a middle girder is calculated below. Decking weight (we) = 2.2 psf Live load (w,) = 60 psf Estimated tributary width (t) = 24 inches Girder weight (q.) = 8.2lb/ft page 7 of l l 83OAKWE PATH DAVID J. HDDGES, P.E. DALLAS, GEORGIA 30157 STRUCTURAL ENGINEERING 650FTWARE SOLUTIONS (404)452-1364 Girder length (b = 246 inches Therefore, thetotal vertical load on the girder (q) is equal to q =1 / u4+'*'ji+q,=(60+2.2).(24/12)+8.2= 133 lb/ft — 11.0 Ib/in The section properties of the double 2x12 girder are listed below: Width (b) — 3 inches Depth (a) = 11.25 inches Therefore, the section modulus of girder (a) is equal to: Sa=bbd'=63.11.25'=63.3 in' The moment in the girder (M) is equal to: M = 8 q1' = 8.11.0 246' =83,570 in -lb The beading stress in the girder (fb) is equal to: M83,570 fa _ 1,320 psi = S= 63 .3 The allowable bending stress for southern pine 2x12 members is 750 psi. For the expected load, the load duration factor is estimated to be approximately 1.5 (based on a maximum duration of one hour). Fs = 750 psi FIC, = 750 1.5 =1,125 psi 11,320 psi, no good The reaction at the end of each girder (Ra) is calculated below: Rs =2q1=2 11.0 246=06016 The total reaction at each end of the bridge is equal to: R=3Rs =4,08016 Each end is supported by a 6x6 milmad tie, 78 inches in length. Therefore, the bearing area of the soil is equal to: A,-5.5.78/144=3.0 ft' Assuming an allowable soil pressure of 1,500 psf, the soil bearing pressure is evaluated: R 4,080 qO=Ay= 3.0—1570psf<1,500,OK page 8 of I l / 83 OAKDALE PATH DAVID J. HODGES,P. E. DALLAS, GEORGIA30157 STRUCTURAL ENGINEERING 6 SOFTWARE SOLUTIONS (404) 452-1364 Bridge 2: Remarks and Recommendations Overall, this bridge is in good condition and is acceptable for safe usage pending the completion of the following recommendations: 1. As shown in the calculations above, the middle two (2) girders for the second bridge are slightly overloaded and should be reinforced with additional lumber to bring the bridge into conformance with the requirements of the NDS for wood structures. 2. Replace broken 1x6 decking with new lumber. 3. Replace or repair the damaged Ix6 hand rail. 4. Fill in void from removed stump and tamp earth. Annual inspections are recommended to ensure the safety of the bridge. Bridge 3: Overview and Analysis The third bridge is constructed from three (3) 2x12 girders and 2x6 decking fastened to the girders. The third bridge is shown below: Figure g: Third bridge. The bending stress in the muddle girder is calculated below. Decking weight (we) = 4.4 psf Live load (WL) = 60 psf Estimated tributary width (r) = 26 inches page 9 of 11 830AKDALE PATH DAVID J. HDDGES, P. E• DALus,GEORGIA30157 STRUCTURAL ENGINEERING a SOFTWARE SOLUTIONS (4041452-1364 Girder weight (q,) =4.1 Ib/ft Girder length (f) = 138 inches Therefore, the total vertical load on the girder (q) is equal to q=(ne +wjt+q, = (60+4.4).(26/12)+4.1=144lb/ft =12.0 lb/in The section properties ofthe 2x12 girder are listed below: Width (b) = 1.5 inches Depth (d) = 11.25 inches Therefore, the section modulus of girder (S„) is equal to: 5,�=6bd'=6.1.5 11.25'=31.6 in3 The moment in the girder (M) is equal to: M=bq/'=g 11.9.138'=28,280 in -lb The bending areas in the girder (fs) is equal to: M_ 28,280 fe _ 894psi =S„ 31.6 P The allowable bending stress for southern pine 2x12 members is 750 psi. For the expected load, the load duration factor is estimated to be approximately 1.5 (based on a maximum duration of one how). F,, = 750 psi F,Cc =750.1.5 =1,125 psi > 894 psi, OK The reaches at the and of each girder (Ra) is calculated below: Re = Z ql = 2 11.9 138 = 823 lb The total reaction at each end of the bridge is equal to: R=2Rg=1,645lb Each end is supported by two (2) concrete footings, approximately 1 square foot in spread area. Therefore, the bearing area of the soil is equal to: A, = l ,1,645 =823 pal 2 1,500 Assuming an allowable soil pressure of 1,500 psf, footings are sufficient (see remarks below). page 10 of 11 83 OAKDALE PATH EORGIA 30157 DAVID J. HODGES,P. E. DAL AS,(04)45-1364 (404) 452-1364 STRUCTURAL ENGINEERING 6 SOFTWARE SOLUTIONS Bridge 3: Remarks and Recommendations Overall, this bridge ism good condition and is acceptable for safe usage pending the completion of the following recommendations: 1. Because of erosion, the footings on one end of the bridge are exposed, which reduces their effectiveness considerably. Furthermore, one of them is severely cracked from the top down as shown in the picture below. The cracked footing must be repaired or replaced, of supplemental support should be added in other places. If erosion continues in be a problem, the bridge may require replacing in the future. Figure 9: Cracked foundation under the third bridge. The joist hangers used in hold up the beams that support the handrails are insufficient and need to be replaced with deeper joist hangers that can accommodate at least four (4) nails. See the picture below: Figure 10: Joist hangers. Annual inspections are recommended to ensure the safety of the bridge. page I I of I I Exhibit G - Current Dock Photo a ie -1110, zsl Reference Only Subject to change SAMPLE CONTRACT HOME OF CONSTRUCTION SERVICES AGREEMENT [PROJECT NAME] This Construction Services Agreement (the "Agreement") is made and entered into this_ day of _, 20_ [INSL .. (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and [INSERT R NAME], a [INSERT TYPE OF ENTITY] (hereinafter referred to as the "Contractor), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited (bids/proposals) for construction of the Project pursuant to the Request for (Bids/Proposals), dated 20_ [INSERT DATE], attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely (bid/proposal), attached hereto as "Exhibit B" and incorporated herein by reference, and met all (bid/proposal) requirements such that the City awarded Project Number [INSERT PROJEC r NUMBER] to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's (proposal,!, the Cityhas selected Contractor as the successful (proons 1,dde. and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor Is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for (Proposals/B,: attached hereto as "Exhibit A"; B (Proposal/Bid) Documents from Contractor, dated [INS' attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Performance Bond and/or Payment Bond, attached hereto collectively as "Exhibits D.1 and D.2"; E. Noncollusion Affidavit of Prime (Proposer/Bidder), attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits GA and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; I. Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K" L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. Notice of Award, attached hereto as "Exhibit N"; O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description: Architect: EneirI Contract Administrator A. Project. A general description of the Project is as follows: GENERAL PROJEU DASCRIPTION] (the "Project"). A third -parry Architect or Engineer (as identified below) o has/ ❑ has not [check one] been retained related to this Project. B. Architect/Encineer (if any). (i) Architect [d applicable]. The Project has been designed by [INS° ',RCHITECT NAMF - :ANY] (hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) Engines ]if applicable]. The Project has been designed by [INSERT ENGINEER NAME IF ANY] (hereinafter referred to as the "Engineer). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: [INSERT CONTRACT ADMINISTRATOR NAME — specify the City. Architect. Engineer. or other entity fulfilling this role]. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work') includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term 'reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings Product Data and Samples Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) 'Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (ill) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term: Liquidated Damages: Expedited Completion: Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of the Expected Date of Final Completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed on or before 20_ [INSERT DATE OF EXPECTED COMPLETION — NOTE DEFINED TERMS IN "EXHIBIT I" RELATED TO SAMEJ (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36.60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term ( unless this box is checkedin which case the Agreement shall terminate absolutely and without further obligation on the part of the City at the end of the City's fiscal year each year of the Term), and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year ( unless this box is checked. in which case the Agreement shall automatically renew on the first day of each subsequent City fiscal year of the Termj absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year [or fiscal year, as applicable]. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the EssenceL Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City and 00/100 Dollars 1$ .00) [INSERT DAILY LIQUIDATED DAMAGES AMOUNT] for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expeditino Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rale of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing conceming the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation, Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $ ._ [INSERT MAXIMUM CONTRACT PRICE] (the "Maximum Contract Price'), except as outlined in Section 6 below. The compensation for Work performed shall be based upon [SPECIFY HOURLY RATE. FLAT FEE. UNIT PRICES. OR OTHER BAS!s', and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or Inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax- exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Chanae Orders A. Chance Order Defined. A "Change Order' means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Riaht to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or anv Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code, Conflict of Interest (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetinos. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et sect.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, Inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability. $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a cerfificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: Contractor shall provide a Builder's Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder's Risk 'All Risk," or its equivalent. The policy shall provide, or be endorsed to provide, as follows: "The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency." The insurance coverage shall include extended coverage, and providing coverage for transit, with sub -limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $ ( ) [INSERT AMOUNT OF COVERAGE REQUIRED. IF ANY] per occurrence shall be provided and will apply aver all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. [THE CITY MAY WANT TO INCLUDE OTHER INSURANCE REQUIREMENTS. DEPENDING UPON THE TYPE OF PROJECT AT ISSUE. PARTICULARLY, THE CITY MAY WANT TO CONSIDER REQUIRING DEMOLITION LIABILITY INSURANCE OR POLLUTION LIABILITY INSURANCE ] (3) Deductibles and Self -Insured Retentions: Any deductibles or self- insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party' and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self- insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractors insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (it) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. O. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits DA and D.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits GA and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10.91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] _ 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. Records. Reoorts and Audits (1) Records: (a) Books, records, documents, account lagers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) yearsor until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential Information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. V Licenses. Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perforin the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. All of the individuals identified in "Exhibit J", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team, as listed in "Exhibit J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials') shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Actof 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. [INSERT CITY'S REPRESENTATIVE] shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Prosect Documents: Warranty A. Final Prosect Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub- subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within year(s) [INSERT WARRANTY PERIOD] (the "Warranty Period") from the date of Final Completion (as defined in "Exhibit I", attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for year(s) [INSERT MAINTENANCE PERIOD] (the "Maintenance Period") from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing Issues resulting from normal weer and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor's continued liability under an Implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period, City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience, The City may terminate this Agreement for convenience atany time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails,to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surely shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights: Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the speck instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between [INSERT CONTACT NAME] for the City and [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: G. Waiver ofAcreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any tern or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, .without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. i. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (v(I) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, not, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. O. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: [INSERT CONTACTOR NAME] By: Print Name: Its: [CIRCLE ONE] President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager(LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) AttestfWitness: Print Name: Its: ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By. Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form! City Attorney "EXHIBIT A" [INSERT REQUEST FOR --(PROPOSALS/BIDS)] "EXHIBIT B" (INSERT (PROPOSAUBID) DOCUMENTS FROM CONTRACTOR] [INSERT SCOPE OF WORK - May reference agreed upon Scope of Work from 'Exhibit Aor Exhibit B' or insert new negotiated/agreed upon Scope of Work] "EXHIBITS D.1 AND D.2" [Exhibits D.1 and D.2 must be regwred and attached to this Agreement, (1) For any public works construction contract valued at more than one hundred thousand dollars ($100,000.00), or (2) For any road construction contract valued at five thousand dollars ($5,000.00) or more, or (3) In any other instance where the City has elected to include such bond requirements in that particular Agreement.] "EXHIBIT D.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City', for the use and benefit of the City, in the sum of Dollars lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall filly and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seat. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. CONTRACTOR ("Principal"); BY: (signature) Title: Attest: Date: (signature) (print) Title: CONTRACTOR'S SURETY: (print) (SEAL) BY: (signature) Title: Attest: Date: Title: (signature) (print) (ATTACH SURETY'S POWER OF ATTORNEY) (print) (SEAL) "EXHIBIT D.2" PAYMENTBOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY'), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Dollars ($ .�, lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, thew heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall Promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in fall force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to he signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: Title: Attest: Title: CONTRACTOR: By: (signature) (printed) Title: (SEAL) Date: (signature) (printed) CONTRACTOR'S SURETY: By: (signature) (printed) Title: (SEAL) Date: (signature) (printed) (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME (PROPOSER/BIDDER) STATE OF Georgia COUNTY OF Forsyth Rebecca Martin ,being first duty sworn, deposes and says that: (1) He is PresidentjCFO (Owner, Partner, Officer, Representative, or Agent) of Td Scaoes Inc. (the' Bidder " (Proposer/Bidder)) that has submitted the attached Bid (Proposal/Bid); (2) He is fully Informed respecting the preparation and contents of the attached Bid (Proposal/Bid) and of all pertinent circumstances respecting such Bid (Proposal/Bid); (3) Such Bid (Proposal/Bid) is genuine and is not a collusive of sham Bid (Prcposal/Bid); (4) Neither the said Bidder (Proposer/Bidder) nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in anyway colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder (Proposer/Bidder), firm or person to submit a collusive or sham _ Bid (Proposal/Bid) in connection with the Contract for which the attached Bid (ProposaVBid) has been submitted or to refrain from Bidding (proposing/bidding) in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder (Proposer/Bidder), firm or person to fix the price or prices in the attached Bid (Proposal/Bid) or of arty other Bidder (Proposer/Bidder), or to fix any overhead, profit or cost element of the (Proposal/Bid) price of any other Bidder (Proposer/Bidder) or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid (Proposal/Bid) are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder (Proposer/Bidder) or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (B) Bidder (Proposer/Bidder) has not directly or indirectly violated any law, ordinance or� alion related tth Bq qi id (Proposal/Bid). SUBSCRIBED AND SWORN BEFORE Signature of Authorized Officer or Agent ME NTHIS THE DAY OF PresidentlCFO ' , 20Ib , p�nurnp� Printed Name and Title of Authorized Officer L J Cy ,�ryh or Agent Nota b" �� �••Bto"; [NOTARY SEAL] z: 1110 Ste? My Commission E� q�•� 7�1�1-.To i- el1G T4 I "EXHIBIT F" FINAL AFFIDAVIT STATE OF _ COUNTY OF TO CITY OF MILTON, GEORGIA 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of 20_, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature I I[le Personalty 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 STATEOF Georgia COUNTY OF Forsyth "EXHIBIT G.1" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization Program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 123689 Federal Work Authorization User Identification Number 06/02/08 Date of Authorization Tri Scapes, Inc. Name of Contractor Providence Park Bridges and Dock Name of Project City of Milton Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct Eitgcuted onO%, A7 20 r v in �city), (state)_ Signature of Authorized Officer or Agent Rebecca Martin, PresidentlCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2-1*6 DAY OF Notary lic [NOTARY My Comms %L10 N/A "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF COUNTY By executing this affidavit, the undersigned subcontractor verges 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 (name of contractor) on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub - subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor, Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project ' of Mikon Geomia 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 Tills of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE —DAY OF 201_ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: M [ LTON* ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 16-PR02 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: 678-242.2300 Fax: 678-242-2499 Email: honor.motesra cihrofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: EMAIL ADDRESS: Nignature ADDENDUM #1 IT816-PR0I-Addendum -1 I1Page ADDENDUM #1 ITB 16-PR02 We visited the Providence Park site, and tried to locate all the areas mentioned in the project's scope of work. We were able to locate the boat dock; unfortunately, we could not locate the bridges that addressed in the bid document. Would you please pin point the location of the bridges? - The City of Milto. - ,;. September 26 at 3:00 PM. organizations tro - :. ,. Honor Motes at honor.motesOcityofmiltonaa us to Confirm their attendance at the walk through. The tour will start at the front gate of the park at the end of Providence Park Road, 2. Is there a pre-bid meeting for this project? - There is no mandatory pre-bid meeting. 3. Are there any plans for this project? It states on page 17 from the bid documents "Bridge #1 needs to be demolished, hauled off" and rebuilt according to plans provided" but I don't see any plans or is it just the pictures from the bid documents we need to use? - Exhibit 8 and Exhibit D are the plans that are to be followed 4. If any, how much are liquidated damages? -There are no liquidated damages. IT1316-PR02-.addendum '1 11Page HM I LTO 't ESTABLI�I IED 2006 FX4C L*YlA;I91c1;141QkI RECEIPT OF ADDENDUM #2 ITB 16-PR02 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@citvofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: EMAIL ADDRESS: Signature ADDENDUM #1 STATE: ZIP: FAX: Date ---_— ITB 16-PR02—Addendum 92 ADDENDUM #2 ITB 16-PR02 IMPORTANT NOTICE ********DUE DATE EXTENDED******** New due date October 11, 2016 2.00pm Schedule Amendments: 1. Revised schedule: Additional questions accepted - due by 5:00 p.m. Oct. 3, 2016 Addendum #3 Issued (answers to questions) - on or about Oct. 5, 2016 Bid Submittals Due - October 11, 2016 at 2:00 p.m. ITB 16-PR02 — Addendum 42 "MILTO Nor ESTAIN h HED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #3 ITB 16-PR02 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@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON ADDRESS: CITY: PHONE: EMAIL ADDRESS: STATE: ZIP: FAX: Signature Date ADDENDUM #3 ITB 16-PR02 — Addendum 43 ADDENDUM #3 ITB 16�1`02 QUESTIONS AND ANSWERS 1. Who is responsible for pulling the permits? The contractor is responsible for all permits. There is no fee associated with permits issued by the City. 2. Who is responsible for the all the testings and inspections? The contractor is responsible for requesting any inspections required by the permits. There is no fee for the inspections. 3. What is the budget for this project? This has not been determined. 4. What is the working hour? 7 am until dark Mon -Sat 5. Is thee any source of water accessible at the site? No 6. Since the concrete placement locations are not accessible by concrete truck, can we use High -Strength concrete bags instead of ready mix concrete? Yes 7. Since the fence, next to bridge #1, is in the way, can we remove and reinstall it? The fence and gate that is in the way of Bridge # 1 shall be removed and discarded. The integrity of the fence that surrounds the former quarry area must be maintained, but all of the fencing that serves only the purpose of blocking the bridge shall be removed and discarded. ITB 16-PR02 —Addendum #3 "EXHIBIT B" THSc pes Bic_16-PR02 Provide CITYOFMILTON INVITATION TO BID m'enusam.no (THIS IS N( TAN ORDER) Rid Number: Prroject Name: 16-PR02 Pinvidence Pack Osidgesaod Dock Projecl Due Dale and Time: October 4 , 2016 Local Time: 2:001nm Number of Pages: 97 Issue Date: September I, 2016 Pmts will Recreation Department Phone:678-242-2500 13000 Deerfield Pkwy, Snits 107F Fas: 678-242-2499 Milton, Ca. 30004 Website: svmv.citya rcennn Jlmrlltttai to: City of m ilton Attn: Honor Motes, Porrbnsing 011ice 13000 Deerfield Pliny Suite 107F Milton, Ca. 3000.E Tri Scopes, Inc. 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgla 30041 Mall( Face of Grvelope/P Did Number: 16-PR02 Name ofCantpsmy or Finn Dentliine for W79tte n Qnes tions September 1 Pith ,2016 at 5;00 pm Email gees tions to li onor hl ales at ITR 16-PR02 IIPage HOME OF r Y C."j e Y tsTAalbl 10 JOOU BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF M ILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your imitation To Bid, the Undersigned, heeinafter termed the Bidder, Proposes to enter into a Contract with the City of whon, Geonje, to provide the necessary machinery, tools, apparatus, other means of corutrction, and all materials and labor specified in the Contract Docul ends or as necessary to complete the Wolf; in the manner therein specified within the time specified, as therein set forth, for: Bid Number 16-PR02 Providence Park Bridges and Dock Project Tile Bidder has carelidly eminined and litlhy undelstmtds the Cmltraet. Specifications, and other dnCUITICma hereto attached, has nade a personal esanunation of the Site of the proposed Work, has satisfied himself asto the acaral conditions and requirements ofthe Work,and hereby proposes and awees that if his bid is accepted, he will contract with the City of Milton in fill coliform lice 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 Doc[onents. In accordance with the foregoing, the undersigned proposes to finnish and construct die iters listed in the attached Bid schedule tot the unit prices stated. Tv Bidder avnees that the cost of any 6O1'k performed, materials filrnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to due scope, intent, and completion of the Contract. shall be deemed to have been included in the prices bid for the sanious items scheduled. All materials demolished in accordance with this work shall be remoeed firnn the part: and properly disposed of. The Bidder fiadter proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten f O) caderdm� days Rom receipt of Notice to Proceed and to camphete all Work within silt' (60) calendar days Rom the Notice to Proceed. If weather afhcts the required completion schedule. True City and selected Bidder will negotiate a new completion ITB I6-PR02 91Page date. HOME OF. I :, r5TA0tI SHED 1004 (BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE Bidder acknowledges receipt of the following addenda: .Addendum No. Date ,ieo ed 1 0026/16 2 10/04/16 3 10/10/16 Bidder further declares that the frill name and resident address of Bidder's Principal is as follows: SLwvd, sealed, and dated this 11th day of October , 2016 Bidder Tri Scaees Inc. (Seal) Bidder Mailing Address: Company Name Td Scapes, Inc. 1595 Peachtree Parkway Suite 204-396 Cumming, Georgia 30041 Siarahae. CLC�'xn� Print Nance: Rebecca Martin Title: PresidentlCFO ITB I6-PR02 10�1'age HOME OF 14.1" rSTAatnHlO IM [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): Tri Scaoes, Inc., 1595 Peachtree Pkwy., Ste 204-396 anuming. GA 30041 SURETY (Name and Address of Principal Place of Business): Hartford Fire Insurance Company One Hartford Plaza Hartford, CT 06155 OWN ER (hereinafter referred to as the "City" (Name and Address) City of Milton, Georgia ATTN: Purchasing office 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 BID BID DUE DATE: October 4, 2016 PROJECT(13""Desenphonlncluding Location): ITB #16-PR02 - FY16 Providence Park Bridges & Dock BOND BONDNUMBER: N/A DATE (No(later that Bid due dale): October 4, 2016 PENALSUM: Five Percent (5%)ofP' ioal's Bid (W°fila) (Figures) IN WITNESS WHEREOF, Surely and Bidder, intending to be legal, bound hereln• to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duh, executed on its behalf b, is authorized officer, agent or representative. BIDDER ITB 16-PR02 SURETY Hartford Fire Insurance Company (Sea) Surety's Name and Corporale Seal By: � Signature and pole: Carolyn F. Smith (Attach P ra ter of Attorney) /AI ttoom� ey-In-Fact Attest: VxJ C.�17a- tlt 'LILT,-C-� Signature and Title: De m J. McKee Account Manager ,g age Note- (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other park, shall be considered plural where applicable. I. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on tine face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if.. 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or arty extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder widtin the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereol). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of written Notice of Default firm die City, which Notice will be given with reasonable promptness and will identify thris Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out Of any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall act in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be conmenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. ITB 16-PR02 12 111 n 3 r 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall rmainue It fudh force and effect. 11. The term "Bid' as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 16-PR02 13 111 it g c Hartford Fire Insurance Company, o corporation duly organized under Ne laws Orlin State of Connecticut 0 Hartford Casualty Insurance Company, a versional duly wool Order the Imus of State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly Ognnized under the lows or the slow of Connecticut OHartford Underwriters Insurance Company, a corporation duly orguniznl under Ilia Imus of the State of Conneclicm Q Twin City Fire Insurance Company, o comomtioa duly orymnized ander 1110 Iowa of 111081010 of Imliomi Q Hartford Insurance company of Illinois, a corporation duly oryanho d under the larva or the Slow of Illinois Hanford Insurance Company of the Mldwal a corporation duly organize) under the was of the SOw or Indiana Q Hartford Insurance Company of the Southeast, a cooperation duly orgaidard wall laws orthe State of Florida up to the amount of oninmiteu : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Jay Dooley, Angie R. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madelyn H. Seiffert, William H. Skeelea, Rita L. SOith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Atlorney(s}Iri-Fant, each in their separate capacity if more than one is named above, to sign its name as sma y(les) only as delineated above by ®, and to execute, seal and acknowledge, any end all bonds, undedekings, conlmcts and other written Instruments in the nature Unsound. on behalf of the Companies in their business of guaranteeing to fidelity of persons, guaranteeing the performance of coobacis and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies 0n May S. 2015 the Companies have mused these presents to be signed by its Senior Vice President and its corporate seals to be herelo affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. p��r j5 8 i•,4 n %�, 5 leaf cu") �.."''.%" £ 4,V (• ' 1910 John Only, Mesons Secretory M. Ross Fisher, Senior Viae President STATE OF CONNECTICUT R9. Hartford COUNTYOF HARTFORD On this 11th day of January, 2016, before me perearally came M. Rose Fisher, to me known, who being by me duly swom, did depose antl say: that he redden in the County of Hertford, State of Connecticut; that he is the Senior Vice President of the Companies, the corpora lions described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals sigxed to the said In bousent are such corporate seals; that they were se, affixed by authority Or Me Boards of Directors of said corporations and that he signed his name thereto by like authority. • Nom M. ewnke Nosy NtAie CERTIFICATE My connesion E,ndms Mo0h 11, 2018 I, the undersigned, Assistant Vice President W Me Companies, DO HEREBY CERTIFY trot the above and foregoing is a now and correct copy of the Power of Attorney executed by said Companies, which is still in full brae effective as of October 4, 2016 Signed and sealed at the City of Hartfortl. `.y✓ 'y�� B �iioevl: •\'' e`t„;so ,./- iO��FX tsao i —res K.In Hackman, Assistant Vice President Direct InquirleslGialms to: THE HARTFORD POWER OF ATTORNEY Lennecal Mertfood, 06196 6and.ammsfAthelemonal m call. 898.2664480 croon 988.187.5888 Agency Name: POINT6WORTH INSURANCE GROUP LLC dOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262199 Hartford Fire Insurance Company, o corporation duly organized under Ne laws Orlin State of Connecticut 0 Hartford Casualty Insurance Company, a versional duly wool Order the Imus of State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly Ognnized under the lows or the slow of Connecticut OHartford Underwriters Insurance Company, a corporation duly orguniznl under Ilia Imus of the State of Conneclicm Q Twin City Fire Insurance Company, o comomtioa duly orymnized ander 1110 Iowa of 111081010 of Imliomi Q Hartford Insurance company of Illinois, a corporation duly oryanho d under the larva or the Slow of Illinois Hanford Insurance Company of the Mldwal a corporation duly organize) under the was of the SOw or Indiana Q Hartford Insurance Company of the Southeast, a cooperation duly orgaidard wall laws orthe State of Florida up to the amount of oninmiteu : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Jay Dooley, Angie R. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madelyn H. Seiffert, William H. Skeelea, Rita L. SOith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Atlorney(s}Iri-Fant, each in their separate capacity if more than one is named above, to sign its name as sma y(les) only as delineated above by ®, and to execute, seal and acknowledge, any end all bonds, undedekings, conlmcts and other written Instruments in the nature Unsound. on behalf of the Companies in their business of guaranteeing to fidelity of persons, guaranteeing the performance of coobacis and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies 0n May S. 2015 the Companies have mused these presents to be signed by its Senior Vice President and its corporate seals to be herelo affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. p��r j5 8 i•,4 n %�, 5 leaf cu") �.."''.%" £ 4,V (• ' 1910 John Only, Mesons Secretory M. Ross Fisher, Senior Viae President STATE OF CONNECTICUT R9. Hartford COUNTYOF HARTFORD On this 11th day of January, 2016, before me perearally came M. Rose Fisher, to me known, who being by me duly swom, did depose antl say: that he redden in the County of Hertford, State of Connecticut; that he is the Senior Vice President of the Companies, the corpora lions described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals sigxed to the said In bousent are such corporate seals; that they were se, affixed by authority Or Me Boards of Directors of said corporations and that he signed his name thereto by like authority. • Nom M. ewnke Nosy NtAie CERTIFICATE My connesion E,ndms Mo0h 11, 2018 I, the undersigned, Assistant Vice President W Me Companies, DO HEREBY CERTIFY trot the above and foregoing is a now and correct copy of the Power of Attorney executed by said Companies, which is still in full brae effective as of October 4, 2016 Signed and sealed at the City of Hartfortl. `.y✓ 'y�� B �iioevl: •\'' e`t„;so ,./- iO��FX tsao i —res K.In Hackman, Assistant Vice President HOME Or r ..1F. '11.r L_� 9 r—F i CST.4a LISI IELI NX* BIDDERS MUST RETURN THIS FORM NVITH BID RESPONSE QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior underma ding• ageenrent, or connection Willi any corporation, firm, or person submitting a proposal tell the same materials, supplies, equipment, 01 services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Fedeml Law and can result in fines, prison sentences, and cieil damage awards. I agee to abide by all conditions of the proposal and celtity that I am authorized to sign this proposal for the proposer. I finther certify that the provisions of the Official Code of Georgia Annotated, including bu 1101 limited to Ttle 32, Chapter 4, Article 4, Part 2 and Sections 45-10- 20 et seq. have not been vi laced and till nottJ/be violated in any. respect. .AltholiZed Sigm'ahrre �I 4,W<=_Date 10/04/16 Print rype Name Rebecca Martin Print/Type Company Nanre Here Tri Scapes, Inc. CORPORATE CERTIFICATE I, Quinn Martin , certify that I aril the Secretary of the Corporation named as Contractor in the foregoing bid: that Rebecca Martin who signed said bid in behalf of the Contractor, was then (title) President1CF0 of said Corporation: that said bid was duly signled for and in belwlf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers: that said Corporation is onsanimil under the laws of the State of Georgia This 4th day of October , 20 16 t — _ l tiipnnlure) ITB 16-PR02 141 Pit ge HOME OF f' 7 r i F � 1 ESTAntbHtl i 2mb [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE LIST OF SUBCONTRACTORS I do , do not x , propose to subcontract sones of the work on this project. I propose to Subcontract wort: to the following subcontrpctors: Company Name: Td Scopes, Inc. ITB IG -PRO? 1511'npc JBIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1 CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidovit, 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 Milan has registered with. is authorized to use and uses the federal work authorization program commonlyknown 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 wil contract for the physical performance of services in satisfaction of such contract only wBh 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 ser identificotl n jmber and date of authorization are as follows: q 123688 / eVerify Number Agnatu a of Authorized Officr Agent 06/02/08 Rebecca Martin, PresidentjCFO Dote of Authorization Printed Name and Title of Authorized Officer or Agent TriTri Scams Inc. Name of Contractor FY16 Providence Park Bridges and Dock SUBSCRIBED AND SWORN BEFORE ME 014 THI57THE 4Lh DAYPF October 2016 Name of Project n M1.d�l:.... ,1 City off,lionf,lion .%r-- �A•""'`a4 Name of Public Employer I hereby declare under penalty of perjury ?'F `e•� that the foregoing is true and correct.=tit Pul Executed on Oct. 4 2016 irqummiKlyj. My Co h-9 GA (state). cr ITB 16-PR02 161Pa;_r lST.NUS�Yu 'Mi. JBIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1 CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidovit, 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 Milan has registered with. is authorized to use and uses the federal work authorization program commonlyknown 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 wil contract for the physical performance of services in satisfaction of such contract only wBh 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 ser identificotl n jmber and date of authorization are as follows: q 123688 / eVerify Number Agnatu a of Authorized Officr Agent 06/02/08 Rebecca Martin, PresidentjCFO Dote of Authorization Printed Name and Title of Authorized Officer or Agent TriTri Scams Inc. Name of Contractor FY16 Providence Park Bridges and Dock SUBSCRIBED AND SWORN BEFORE ME 014 THI57THE 4Lh DAYPF October 2016 Name of Project n M1.d�l:.... ,1 City off,lionf,lion .%r-- �A•""'`a4 Name of Public Employer I hereby declare under penalty of perjury ?'F `e•� that the foregoing is true and correct.=tit Pul Executed on Oct. 4 2016 irqummiKlyj. My Co h-9 GA (state). cr ITB 16-PR02 161Pa;_r rzunumru.,,, JBIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1 BID SCHEDULE Total Bid Plice $ 43330.65 Print Total Bid Price Forty-three thousand, three hundred thirty and 65/100 dollars Number of days to filly complete project (exclude weather related days) 60 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 Twxnry (120) days of the date of Bid opening that he will furnish any of 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. TO Scaeea. Inc. AI)bRI;SS 1595 Peachtree Parkway/Sulte /2//04-396, Cum in Geo is 30041 Alll'lioRI/IfU SIINA'I'IrRli HRINI'/'I"WIF NANII: Rebecca Martin 1111.1: PresidentlCF0 ITB 16-PR02 17lPage JBIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1 DISCLOSURE FORM This form is for disclosure of campaLwt contributions and family member relations with City of Milton ollicials/employees. Please complete this form and return as pan of your bid pachag when it is submitted. Name of Bidder TO Name and the official Position of the Millon 011icial to whom the campaigi contribution was made (Please use a separate form for each official to whom a contribution has been made in the past tm (2) years.) N/A List the dollar amounthalue and desorption of each cmnpaip connibution made oyer the Past two (2) years by the Applicant/Opponent to die named Milton Official, Amount/WLte Description N/A Please list any family member that is currently (or has been employed within the last 9 mmriths) by the City of Milton and your relation: N/A ITB 16-PR02 181 Page ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 16-PR02 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: 678-242-2500 Fax: 678-242-2499 Email: h000r.matesQcitvofmlltonea.us I hereby acknowledge receipt of documents pertaining to the above referenced ITS. COMPANY NAME: Tri Scapes, Inc. CONTACT PERSON: Rebecca Marin ADDRESS: 1595 Peachtree Parkway, Suite 294-396 CITY: Cumming STATE: t ZIP: 30041 a'HEr,.7524698 FAX: 7]0]52-6]92AE :/e� in triscaW L0916 Dete ADDENDUM #1 I I'It 1 n. I•RIl2-A J J, noun, v I IIPugc HOME OF '9 U LIIY Gh F. 11 KGI.•' E5'rA0LI5FI1D 1006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 02 ITB 16-PR02 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@citvofmlltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: xri Scapea, Inc. CONTACT PERSON: Rebecca Marcia ADDRESS: 1595 Peachtree Pkwy Suite 209-396 CITY: �lnsSTATE: ca ZIP: 30091 PHONE: 770-752-9698 FAX: 770-752-6792 EMAI ADDRESS - Signature Date ADDENDUM #1 —Iblll 'ONN,— ITB 16-PR02-Addendum#2 HOME OF'-, .EBE5I CN Lil'OF LI II OEORGIA4 11 1 Ii51ABL15HED 2906 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #3 ITB 16-PR02 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@citvofmiltonaa.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: T4 Scapes, Ina CONTACT PERSON: Rebecca Martin ADDRESS: 1595 Peachtree Parkway, Suite 204-395 CITY: Cumming PHONE: 770-7524698 STATE: GA ZIP: 30041 FAX: 770-751-8792 EMP,:ILartingtrisrapes.com 1 1 � ;�h 10!10/16 Signat re Date ADDENDUM #3 —711 I I ON% — ITS 16-PR02– Addendum #3 "EXHIBIT C" Reference Exhibit A "EXHIBIT D.1" PERFORMANCE BOND #20BCSHL2271 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scopes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City), for the use and benefit of the City, in the sum of Forty Three Thousand Three Hundred Thirty ..d65/100 Dollars ($ 43 330.65 , lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Providence Park Bridges and Dock Project (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractors Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval ofthe City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below, CONTRACTOR ("Principal"): Tri ScanerNe. By: (signature) fcmebee� �n (print) Title: .'s,d,x Ivry (SEAL) Attest: Date: /0Its r/I f� (, � (signature) W1441rl u4-r4'/h (print) Title: �G Date: /0/31116 CONTRACTOR'S SURETY: Hartford F' Insurance Comp By: (signature) Christy Lackey (print) Title: Attorney In fact (SEAL) Attest: Date: �O al -fib signature) 11 Carolyn F Smith (print) Title: Attorney In Fact Date: 1041-16 (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT D.2" PAYMENT BOND #20BCSHL2271 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scaoes. Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Forty Three Thousand Three Hundred T6ny and 65/Ion Dollars ($ 43,330.6;5), lawful money of the United States ofAmerica, for the payment ofwhich the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Providence Park Bridges and Dock Project (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. (SIGNATURES ON FOLLOWING PAGE] Attest: _ (signature) Ql(tnn /'tXr�jI'7 (printed) Title: Date: 10lu I // 6 Attest: (signature) Carolyn F Smith (printed) Title: Attorney In Fact Date: 101MI l 1, CONTRACTOR: Tri Xcapkis, Inc. By: 'nature) TC:leccr+ xte_47 7 (printed) Title: 7%S,;/e„fI 'i6 (SEAL) Date: (0/3 / f/6 CONT CTOR'S SURETY: his or ire sur C any By. (signature) (printed) Title: Attorney In Fact (SEAL) Date: (0-1711-I (ATTACH SURETY'S POWER OF ATTORNEY) Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY Hanford, Hertford! on scut 06166 Bona Claimstathehanford.cmm call. 888 -266 -MOS orlax: 860�787-0836 Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 20-262197 0 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of COnnMUCtit XO Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana OHartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana O Hartford Insurance Company of Illinois, computation duly organized under the laws ofthe State of Illinois O Hartford Insurance Company of the Midwest, a corporation duly organized ander the laws of the State of Indiana r, Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida uptotheamountof Unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie S. Ferguson, Christy Lackey, John Langafeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorneys) -in -Fact each in their separate capacity If more than one is named above, to sign its name as suretyhes) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies On May 6, 2015 the Companies have mused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. soap!'�ae �£)yyw'•ap£ps i yJ ' X ��\ %' •M i tcj i\t\i aV6 a l9Tf John Gray, Assistant Secetary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT 1 } ss Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hanford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. � e _ •LwW Nom M.&renko ( Nmery Publia CERTFIGTE rvty commissionayiru marcs sl, gala I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and carred copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hanford. ) @%Q4 Loop 0 ��1 f rr •P 1,>. fa10 T aspst,F, •'9 Kevin Hackman, Assistant Vice President "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME (PROPOSER/BIDDER) STATE OF Georgia COUNTY OF Forsyth Rebecca Martin being first duly sworn, deposes and says that, (1) He is PresidentjCFO (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, Inc (the `Bidder's that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. SUBSCRIBED AND SWORN BEFORE Signature of Authorized Offl er or Agent ME ON THIS THE 27th DAY OF Rebecca Martin, PresidentlCFO Printed Name and Title of Authorized Officer or Agent "EXHIBIT F" FINAL AFFIDAVIT STATE OF _ COUNTY OF TO CITY OF MILTON, GEORGIA 1, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of , 20_, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 who under oath deposes and says that he is of the firm of , that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires STATE OF Georgia COUNTY OF Forsyth "EXHIBIT G.1" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to [he 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: 123689 Federal Work Authorization User Identification Number 60/02/08 Date of Authorization _Tri Scapes, Inc Name of Contractor _Providence Park Bridges and Dock Project_ Name of Project C't� of Milton. GaorFia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Oct. 27, 2016 in Cumming (city eo�rJgia (stat Signature of Authorized Officer or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 27th DAY OF N/A "EXHIBIT G.2" SUBCONTRACTOR AFFIDAVIT STATE OF COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Tri Scapes 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.GA. § 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: I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Executed on . 201 in _(city), Date of Authorization \ \ Providence Park Bridges and Dock Project Name of Project City of Milton. Georgia Name of Public Employer lure of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 1201. NOTARY PUBLIC, [NOTARY SEAL] My Commission Expires: "EXHIBTT H" Contract Plans and Drawings See Exhibit A "EXHIBIT I^ ADDITIONAL PAYMENT TERMS A. Defined Terms. Terris used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Substantial Completion" means when the Work or designated portion thereof is complete in accordance with the Contract Documents so that any remaining Work includes only (1) Minor Items that can be completed or corrected within the following thirty (30) calendar days, (2) Permitted Incomplete Work that will be completed by the date agreed upon by the Parties, and (3) any Warranty Work. Substantial Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility (if any). (ii) "Minor Item" means a portion or element of the Work that can be totally complete within thirty (30) calendar days. (iii) "Permitted Incomplete Work" means Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion. (iv) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C. G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage The City and Contractor shall comply with the provisions of O.C.G.A. § 13-1 "0. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Substantial Completion. Once fifty percent (505/6) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until Substantial Completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Substantial Completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete Minor Items or Permitted Incomplete Work, an amount equal to 200 percent of the value of each Minor Item or Permitted Incomplete Work, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work we completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor bas provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City Property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claves, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. "EXHIBIT J" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position -r. I— i AA A -Lk < I Project Manager "EXHIBIT K" The City will be administering the contract. "EXHIBIT L" See Exhibit A "EXHIBIT M" None "EXHIBIT N" None HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTONVII& ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ovember 10, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4YES O NO CITY ATTORNEY REVIEW REQUIRED: (JIVES () NO APPROVAL BY CITY ATTORNEY. (yAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: olzi17% REMARKS: I],* YodI PHONE: 678.242.25001 FAX: 678.242.2499Greeri lMo�clryofmnronga.uswww.cHyoimlllongo.u: 13000 Deerfield Parkway, Suite 107 w Community; 1 Milton GA 30004 VAS To: Honorable Mayor and City Council Members From: Teresa Stickels, Sustainability Coordinator Date: Submitted on November 14, 2016 for the November 21, 2016 Regular Council Meeting for First Presentation and December 5th, 2016 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance approving and establishing the regulation of solid waste collection services within the City of Milton with one change, and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. Because recycling processors no longer accept glass in mixed stream collections, Staff recommends removing glass from the list of recyclable materials waste haulers are required to collect. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Advanced Disposal Allegiance Sanitation American Disposal Arrow Waste Custom Disposal Grogan Disposal GW Lovelace Henry Edward Kincaid M&M Waste Republic Services Sanitation Solutions Waste Management Waste Pro Page 2 of 2 Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross revenues. As of November 10, 2016 the revenue collected was $97,454.35. The FY16 third quarter payments are due November 15, 2016, after which we will have the totals for FY 2016. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: Paul Frickey, Jarrard & Davis (November 15, 2016) Concurrent Review: Steve Krokoff, City Manager Kathleen Field, Community Development Director Attachment(s): Solid Waste Ordinance STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 1 of 21 AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 5November 16, at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. The City currently recognizes the following companies as “Approved Haulers” in the City limits: , Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Grogan’s Disposal, GW Lovelace, Henry Edward Kincaid, , , M&M Waste, Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; ORDAINED this the 5th day of December, 2016.16th day of November, 2015. Formatted: Strikethrough Formatted: Strikethrough Formatted: Superscript STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 2 of 21 __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 3 of 21 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 4 of 21 Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3- 4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all customers for services rendered under authority of this chapter as a result of charges for STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 5 of 21 service. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 6 of 21 (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 7 of 21 c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the site. (d) Any person who shall violate any of the provis ions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 8 of 21 Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 9 of 21 Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One year in length" to "Term." Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 10 of 21 company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi -family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 11 of 21 state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collectin g and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 12 of 21 (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights -of- ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the sam e or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 13 of 21 hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized represen tatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 14 of 21 corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a mini mum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show complia nce to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 15 of 21 (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11- 30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 16 of 21 chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11- 30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 17 of 21 in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11- 30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 18 of 21 contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11- 30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11- 30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11- 30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 19 of 21 Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11- 30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11- 30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11- 30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 20 of 21 Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11- 30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11- 30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11- 30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11- 30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON Page 21 of 21 Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11- 30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46 -123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance. HOME OF' LIFE IN GEORGIA' MILTON "t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATvember 10, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,(APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (, KES (J NO CITY ATTORNEY REVIEW REQUIRED: (,"YES (J NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: H174 WG REMARKS: Youlm PHONE: 678.242.25001 FAX: 678.242.2499 ®Green + *� *0L Lind ` Info4�cityofmllbnga.uslwww.cityolmiHongc.us w�wutf Commune Ty 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 , - °`""^'° °"°°°° ate" To: Honorable Mayor and City Council Members From: Carter Lucas, Assistant City Manager Date: Submitted on November 15, 2016 for the December 5, 2016 Regular Council Meeting (First Reading on November 21, 2016) Agenda Item: Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As per the Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-8(a)(2)), Local Issuing Authorities must amend their ordinances within 12 months of any amendment of the Act. Therefore, the deadline for Local Issuing Authorities to amend their local erosion and sedimentation ordinances to reflect the 2015 and earlier amendments to the Georgia Erosion and Sedimentation Act is December 31, 2016. The attached updated ordinance will replace the existing ordinance in its entirety. Funding and Fiscal Impact: There will be no additional budgetary considerations in the adoption of this ordinance. Legal Review: Paul Frickey, City Attorney (November 16, 2016) Attachment(s): State’s revised model Erosion and Sedimentation Ordinance STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO ADOPT THE SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, ARTICLE VI, CHAPTER 20 SOIL EROSION ORDINANCE WITHIN THE CITY OF MILTON CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 5, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the soil erosion ordinance, Article VI, Chapter 20, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 5th day of December, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 1 Milton Soil Erosion, Sedimentation And Pollution Control Ordinance SECTION I TITLE This ordinance will be known as “Milton Soil Erosion, Sedimentation and Pollution Control Ordinance.” SECTION II DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: 1. Best Management Practices (BMPs): These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the ‘Manual for Erosion and Sediment Control in Georgia’ published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. 2. Board: The Board of Natural Resources. 3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. 4. Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. 5. Coastal Marshlands: Shall have the same meaning as in O.C.G.A. 12-5-282. 6. Commission: The Georgia Soil and Water Conservation Commission (GSWCC). 7. CPESC: Certified Professional in Erosion and Sediment Control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc. 8. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. 9. Department: The Georgia Department of Natural Resources (DNR). 10. Design Professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by EnviroCert, Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure. 11. Director: The Director of the Environmental Protection Division or an authorized representative. 12. District: The Fulton County Soil and Water Conservation District. 13. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources. 14. Drainage Structure: A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes. 15. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 16. Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the State General Permit, best management practices, and requirements in section IV.C. of this ordinance. 17. Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. 2 18. Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. 19. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. 20. Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. 21. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. 22. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5. 23. Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. 24. Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. 25. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440 et.seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. 26. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. 27. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. 28. NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit. 29. NOT: A Notice of Termination form provided by EPD to terminate coverage under the State General Permit. 30. Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions. 3 31. Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. 32. Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance. 33. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. 34. Phase or Phased: Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. 35. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. 36. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal. 37. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. 38. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. 39. Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. 40. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Fulton County Soil and Water Conservation District. 41. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. 42. State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. 43. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 44. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level 4 spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. 45. Trout Streams: All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. 46. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment- producing areas by covering the soil with: a. Permanent seeding, sprigging or planting, producing long-term vegetative cover, or b. Temporary seeding, producing short-term vegetative cover; or c. Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. 47. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. 48. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. SECTION III EXEMPTIONS This ordinance shall apply to any land- disturbing activity undertaken by any person on any land except for the following 1. Surface mining, as the same is defined in O.C.G.A. 12-4-72, "The Georgia Surface Mining Act of 1968". 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. 12- 7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land- disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall 5 be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the Local Issuing Authority; 5. Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of Section IV C. of this ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; 8. Any project involving less than 5000 sq. ft. of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than 5000 sq. ft. or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than 5000 sq. ft., which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7- 7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing 6 Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir. SECTION IV MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES A. GENERAL PROVISIONS Excessive soil erosion and resulting sedimentation can take place during land- disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section IV B. & C. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this ordinance and the NPDES General Permit. B. MINIMUM REQUIREMENTS/ BMPs 1. Best management practices as set forth in Section IV B. & C. of this ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. 12-7-6 subsection (b). 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate 7 violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres. 3. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land- disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5- 30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. 4. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 5. The LIA may set more stringent buffer requirements than stated in C.15,16 and 17, in light of O.C.G.A. § 12-7-6 (c). C. The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. 12-7-1 et. seq.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 8 13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on- site or preclude sedimentation of adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance; 15. Except as provided in paragraph (16) and (17) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or where bulkheads and sea walls are installed to prevent shoreline erosion on Lake Oconee and Lake Sinclair; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single- family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and 16. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of 9 Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single– family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and 17. There is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this title, the “Coastal Marshlands Protection Act of 1970.” And the rules and regulations promulgated thereunder, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, where an alteration within the buffer area has been authorized pursuant to Code Section 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however, that if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; provided, however, that if such maintenance requires any land- 10 disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabilization structure, or for the maintenance of any manmade storm-water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction. a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat; provided, however, that any person constructing a single–family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat; and b. The buffer shall not apply to crossings for utility lines that cause a width of disturbance of not more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. c. The buffer shall not apply to any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. d. Activities where the area within the buffer is not more than 500 square feet or that have a “Minor Buffer Impact” as defined in 391-3-7-.01(r), provided that the total 11 area of buffer impacts is less than 5,000 square feet are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the Division at least 14 days prior to the commencement of land disturbing activities. D. Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV B. & C. of this ordinance. E. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. SECTION V APPLICATION/PERMIT PROCESS A. GENERAL The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the owner and/or operator are the only parties who may obtain a permit. B. APPLICATION REQUIREMENTS 1. No person shall conduct any land- disturbing activity within the jurisdictional boundaries of the City of Milton without first obtaining a permit from the Community Development Department to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable. 2. The application for a permit shall be submitted to the Community Development Department and must include the applicant’s erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section V C. of this ordinance. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section IV B. & C. of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by Three copies of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. 3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land- disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the 12 Local Issuing Authority shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the Local Issuing Authority. No permit will be issued unless the plan has been approved by the District, and any variances required by Section IV C. 15, 16 and 17 have been obtained, all fees have been paid, and bonding, if required as per Section V B.6., have been obtained. Such review will not be required if the Local Issuing Authority and the District have entered into an agreement which allows the Local Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District. The Local Issuing Authority with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the Local Issuing Authority with plan review authority to act within 35 days shall be considered an approval of the revised Plan submittal. 5. If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the Local Issuing Authority may deny the permit application. 6. The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land- disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. C. PLAN REQUIREMENTS 1. Plans must be prepared to meet the minimum requirements as contained in Section IV B. & C. of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land- disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. 12-7-20. 2. Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of 13 January 1 of the year in which the land- disturbing activity was permitted. D. PERMITS 1. Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the Local Issuing Authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the Local Issuing Authority unless the erosion, sedimentation and pollution control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV C. 15, 16 and 17 are obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this ordinance, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this ordinance. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The LIA may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. 12-7-7 (f) (1). SECTION VI INSPECTION AND ENFORCEMENT A. The Land Development inspector will periodically inspect the sites of land- disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land- disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. 14 If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance. B. The Local Issuing Authority must amend its ordinances to the extent appropriate within twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975. C. The land development inspector shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. D. No person shall refuse entry or access to any authorized representative or agent of the Local Issuing Authority, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. E. The District or the Commission or both shall semi-annually review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to O.C.G.A. 12-7-8 (a). The District or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution control program. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found. F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8 (a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority’s ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. 12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. 12-7-7 (e), the Division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a Local Issuing Authority. SECTION VII PENALTIES AND INCENTIVES A. FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITY If any person commences any land- disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Local Issuing Authority. B. STOP-WORK ORDERS 1. For the first and second violations of the provisions of this ordinance, the Director or the Local Issuing Authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the Local Issuing Authority shall issue a stop-work order requiring that land- disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the 15 Local Issuing Authority shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the Local Issuing Authority shall issue an immediate stop-work order; and; 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the Local Issuing Authority or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the Local Issuing Authority or by the Director or his or her Designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land- disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. C. BOND FORFEITURE If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Section V B. 6. The Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. D. MONETARY PENALTIES 1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this ordinance, notwithstanding any provisions in any City charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this ordinance under county ordinances approved under this ordinance shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. SECTION VIII EDUCATION AND CERTIFICATION A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land- disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. 12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting 16 as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. C. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this ordinance. D. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. SECTION IX ADMINISTRATIVE APPEAL JUDICIAL REVIEW A. ADMINISTRATIVE REMEDIES The suspension, revocation, modification or grant with condition of a permit by the Local Issuing Authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the City Construction Board of Appeals within 45 days after receipt by the Local Issuing Authority of written notice of appeal. B. JUDICIAL REVIEW Any person, aggrieved by a decision or order of the Local Issuing Authority, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Fulton County. SECTION X EFFECTIVITY, VALIDITY AND LIABILITY A. EFFECTIVITY This ordinance shall become effective on the 5th day of December, 2016. B. VALIDITY If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. C. LIABILITY 1. Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Local Issuing Authority or District for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. 3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder 17 or pollute any Waters of the State as defined thereby. HOME OF' LIFE IN GEORGIA' M I L- - 01 jjl�� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 2, Article VIII, Ethics Code, of the City of Milton Code of Ordinances. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 11APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.)'YES O NO CITY ATTORNEY REVIEW REQUIRED: (4"YES NO APPROVAL BY CITY ATTORNEY: (4 -APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: " 1i'j %All REMARKS: ©,y your y- _ PHONE: 678.242.25001 FAX: 678.242.2499 ®'�Greee s 'a.,�n�'* IMoftifyofmlltonga.uslw x1tirofmlHonga.us wa® Community p 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VIII, ETHICS CODE, OF THE CITY OF MILTON CODE OF ORDINANCES WHEREAS, Section 45-9-21(a) of the Official Code of Georgia Annotated authorizes the City to, in its discretion and as part of compensation paid to its employees, adopt policies whereby the City will undertake to defend all or specified civil, criminal, or quasi -criminal actions brought or maintained against City employees and City officials arising out of the performance of their duties; and WHEREAS, the Supreme Court of Georgia has held that local government authorities have considerable latitude in determining what actions will be defended, Haywood v. Hughes, 238 Ga. 668, 669, 235 S.E.2d 2, 3 (1977); and WHEREAS, the Supreme Court of Georgia has further held that where a local government official, acting in an official capacity, is required to hire outside counsel to assert a legal position that the local government attorney cannot assert because of a conflict of interest or will not assert and the official is successful in asserting his or her position, it constitutes an expense of government operation for the local government to pay the official's attorney’s fees, Gwinnett County. v. Yates, 265 Ga. 504, 508, 458 S.E.2d 791, 795 (1995); and WHEREAS, the City wishes to adopt a policy whereby, in the event a City employee or City official hires outside counsel to defend an ethical complaint and the ethical complaint is dismissed, the City will reimburse such City employee or City official for all or a part of the cost of their defense. NOW, THEREFORE, the Council of the City of Milton hereby ordains while in a Regular called Council meeting on the 21st day of November, 2016 at 6:00 p.m. as follows: SECTION 1. That this Ordinance relating to amending CHAPTER 2, ARTICLE VIII, “ETHICS CODE ,” is hereby adopted and approved as follows: A. DIVISION 5, “ETHICS COMPLAINTS,” shall be modified to include the following new Section 2-897, “Reimbursement for reasonable attorney’s fees”: Sec. 2-897. – Reimbursement for reasonable attorney’s fees. In the event an ethics complaint brought against the respondent arising out of their official duties is dismissed [by either voluntary withdrawal of the complaint by the petitioner or by action of the ethics panel or superior court dismissing the complaint as unfounded or otherwise subject to dismissal], the respondent shall be entitled to reimbursement from the City for reasonable attorney’s fees incurred in defending said ethics complaint. Upon securing a final determination by the ethics panel or superior court of the complaint being dismissed [to include voluntary withdrawal of the complaint by the petitioner], the respondent shall submit a copy of the order making such findings or petitioner’s withdrawal, whichever is applicable, to the Milton City Manager along with a copy of all applicable itemized attorney’s fees incurred in Page 2 of 2 defending same. The itemized attorney’s fees shall have attorney time and tasks broken down in 1/10 of an hour increments along with the attorney's hourly fee, coupled with a sworn statement by the attorney that the amount submitted for repayment is the same amount for which the re spondent would otherwise have been responsible, or has already paid. Other than attorney time, no other expense or fees shall be subject to reimbursement. The City Manager shall submit the attorney fee statement to the City Attorney for a determination of reasonableness, of which determination shall be provided in writing (including e-mail) to the City Manager. Upon all or a portion of the fees being deemed reasonable, the City Manager shall submit all documentation to the City Finance Department for issuance of a reimbursement check to the respondent or respondent's attorney, at respondent's discretion. In no event shall reimbursement under this paragraph exceed $5,000.00 per ethics complaint. B. All other portions of the Ethics Code Ordinance shall remain undisturbed and are hereby reaffirmed. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of November, 2016. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie Gordon, City Clerk n HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:ovember 10, 2016 FROM: Steven Krokoff, City Manager /rWV)\J AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions Located within the Five Acre Road Zone. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)/APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,LYES /) NO CITY ATTORNEY REVIEW REQUIRED: (JI(ES (J NO APPROVAL BY CITY ATTORNEY. ()4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: If/0766 REMARKS: IH,V Your PHONE: 678.242.25001 FAX: 678.242.2499een • •caw a* ' Info®dtyofmiltonga.us I w .cityofmlltonga.us w Com munit #o'w d 13000 Deerfield Parkway, Suite 107 1 Mil}on GA 30004 - _•^•_•� •«••,7y �+a 1 A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING UNTIL MARCH 7, 2017, AN EXISTING MORATORIUM BARRING THE ACCEPTANCE OF APPLICATIONS FOR CONCEPTUAL PLAN APPROVAL FOR SUBDIVSIONS LOCATED WITHIN THE FIVE ACRE ROAD ZONE WHEREAS, the Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property in the City into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, Section 50-91 of the current Code of the City of Milton, Georgia (“subdivision ordinance”) requires the submission of a conceptual plan as part of the process of developing subdivisions in the City; and WHEREAS, the City Council has asked the Community Development department to consider changes to the overall development pattern along Georgia Highway 9 (“Hwy 9”) through the City, to include the Five Acre Road Zone; and WHEREAS, the City Council intends to consider amendments to the zoning ordinance with respect to possible changes to the overall development pattern along Hwy 9, from a residential to non-residential nature, to include properties within the Five Acre Road Zone; and WHEREAS, on August 15, 2016, the City Council adopted an emergency, temporary moratorium barring for 30 days the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone. Following a duly noticed public hearing on September 12, 2016, that 30-day moratorium was extended to December 6, 2016; and WHEREAS, on September 19, 2016, the City Council adopted an emergency, temporary moratorium barring for 30 days the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, as a supplement to the previously imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta; and WHEREAS, the Board conducted a properly noticed public hearing on October 17, 2016, and extended the existing moratorium on applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, until December 6, 2016; and WHEREAS, the Board conducted a properly noticed public hearing on November 21, 2016, to consider the possible extension of the existing temporary moratorium on the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, as a supplement to the previously imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta; and 2 WHEREAS, the City finds extending until December 6, 2016, the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, as a supplement to the previously imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, to be appropriate, reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA THAT: 1. The City does hereby extend until March 7, 2017, the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property within the Five Acre Road Zone, as a supplement to the previously imposed moratorium on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) March 7, 2017; (2) approval by the City Council of an additional moratorium after a public hearing; (3) any affirmative action of the Council terminating the moratorium; or (4) the adoption of an amendment to the zoning ordinance with respect to the development pattern for properties within the Five Acre Road Zone. 3. The moratorium imposed herein does not prevent a property owner from developing land in accordance with land development approvals previously issued by the City of Milton or to have previously tendered land development applications considered by the City of Milton in the ordinary course. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 21st day of November, 2016. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie Gordon, City Clerk HOME Of 'E BEST QUALITY OF LIFE EO M T I LTOIN N't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: NN mber 10, 2016 FROM: Steven Krokoff, City Manager (:/ AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Extending Until March 7, 2017, an Existing Moratorium Barring the Acceptance of Applications for Conceptual Plan Approval for Subdivisions on Property Adjacent to Highway 9 between the Forsyth County Line and the City limits of the City of Alpharetta, Excluding Property located in the Five Acre Road Zone. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,(APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4"YES () NO CITY ATTORNEY REVIEW REQUIRED: (41'ES /) NO APPROVAL BY CITY ATTORNEY: (,KnPPROVED () NOT APPROVED PLACED ON AGENDA FOR: ttl�'�2Oif' REMARKS: ©*Ysun** PHONE: 678.242.25001 FAX: 678.242.2499�Greeri *� Zvo infofciyofmiltongamslw .citycfmllronga.us w Community ,u 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - c 1 A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING UNTIL MARCH 7, 2017, AN EXISTING MORATORIUM BARRING THE ACCEPTANCE OF APPLICATIONS FOR CONCEPTUAL PLAN APPROVAL FOR SUBDIVSIONS LOCATED ON PROPERTY ADJACENT TO GA HIGHWAY 9 BETWEEN THE FORSYTH COUNTY LINE AND THE CITY LIMITS OF THE CITY OF ALPHARETTA, EXCLUDING PROPERTY LOCATED IN THE FIVE ACRE ROAD ZONE WHEREAS, the Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”) empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning ordinance”) divides property within the city into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, Section 50-91 of the current Code of the City of Milton, Georgia (“subdivision ordinance”) requires the submission of a conceptual plan as part of the process of developing subdivisions in the City; and WHEREAS, the City Council has asked the Community Development department to consider changes to the overall development pattern along Georgia Highway 9 (“Hwy 9”) through the City; and WHEREAS, the City Council intends to consider amendments to the zoning ordinance with respect to possible changes to the overall development pattern along Hwy 9, from a residential to non-residential nature; and WHEREAS, on August 15, 2016, the City Council adopted an emergency, temporary moratorium barring for 30 days the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone; and WHEREAS, the Board conducted a properly noticed public hearing on September 12, 2016, and extended the existing moratorium until December 6, 2016; and WHEREAS, the Board conducted a second public hearing on November 21, 2016, to consider the possible further extension of the existing temporary moratorium on the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone; and WHEREAS, the City finds extending until March 7, 2017, the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone, to be appropriate, reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare. 2 NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA THAT: 1. The City does hereby extend until March 7, 2017, the existing moratorium barring the acceptance of applications for conceptual plans for subdivisions on property adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta, excluding property located in the Five Acre Road Zone, in order to consider amendment of the zoning ordinance with respect to the development pattern along Hwy 9. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) March 7, 2017; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment to the zoning ordinance with respect to the development pattern along Hwy 9. 3. The moratorium imposed herein does not limit the ability of any property owner to develop their land in accordance with previously accepted applications or approvals. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public’s health, safety, and welfare demanding it, this 21st day of November, 2016. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie Gordon, City Clerk 0 HOME OF'THE BEST (-.. -- MILION' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: mber 15, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of RZ16-04-To Create Retaining Wall Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (kAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: (IES ()NO APPROVAL BY CITY ATTORNEY: (,,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: nIu) 2a4 REMARKS: Ej V YOUGM PHONE: 678.242.25001 PAX: 678.242.2499 ta 'tire -en--& Info@cityofmlltonga.us l www.cltyofmitlonga.us wiuou. Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 ���EN^^��, �s Page 1 of 2 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: November 1, 2016 Re: Consideration of RZ16-04 – To Create Retaining Wall Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background Staff believes that there is a need to provide additional regulations on retaining walls that may impact surrounding buildings, land and uses; to require the construction of retaining walls in a manner consistent with engineering and construction best practices; and to lessen the impact of large retaining walls on abutting properties and the public by encouraging the use of landscaping and aesthetically pleasing design elements. The attached regulations will apply to all retaining walls except: those walls measuring a height of less than four feet; and, a terraced combination of walls in which each separate wall retains less than four feet of unbalanced fill and each successive wall is separated by a distance of at least one times the height of the highest wall. Funding and Fiscal Impact: Staff recommends that if these changes are made additional staff time will be required to review all walls more than four feet in height in a more thorough manner. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Page 2 of 2 Legal Review: Paul Frickey - Jarrard & Davis (October 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ16-04 RZ16-04 – Text Amendment prepared for the City of Milton Mayor and City Council on November 21, 2016 (First Presentation on November 7 and Work Session on November 14) (Redlines reflect changes recommended by the City Attorney) 11/2/2016 Page 1 of 3 Chapter 64, Article XVII, Division 3. Site Improvement Standards Sec. 64-2403 - RETAINING WALLS Definitions: Retaining wall means a wall or terraced combination of walls used at a grade change to hold soil and other earth material at a higher position. Retaining walls may be attached to or independent from other structures. The exposed side of a retaining wall shall be known as a “face”. The area between a lower wall and a successive higher wall shall be known as a “terrace.” a. Retaining Walls 1. Purpose and Intent The City of Milton adopts this section to accomplish and ensure the following: i. To allow for the review of retaining walls of a size that may impact surrounding buildings, land and uses; ii. To require the construction of retaining walls in a manner consistent with engineering and construction best practices; and iii. To lessen the impact of large retaining walls on abutting properties and the public by encouraging the use of landscaping and aesthetically pleasing design elements. b. Applicability and Exemptions The regulations and requirement contained herein shall apply to all retaining walls erected in the City of Milton, except the following: i. Retaining walls measuring a height of less than four feet, which shall be exempt from requiring a permit. ii. A terraced combination of walls, in which each separate wall retains less than four feet of unbalanced fill and in which each successive wall is separated by a distance of at least one times (1x) the height of the highest wall. c. General Provisions 1. Determining retaining wall height—The height of a retaining wall shall be the distance from the grade at the base of the face of the wall to the top of the finished wall. Terraced walls shall be measured in the same manner 2. Walls within yard setbacks—A retaining wall is allowed up to the property line in side and rear yards. Retaining walls greater than four feet or greater shall not RZ16-04 – Text Amendment prepared for the City of Milton Mayor and City Council on November 21, 2016 (First Presentation on November 7 and Work Session on November 14) (Redlines reflect changes recommended by the City Attorney) 11/2/2016 Page 2 of 3 be located within ten feet of the front yard property line, with the exception that portions of such walls which measure less than four feet in height or less shall not be subject to this requirement. On lots subject to the rural viewshed, retaining walls are prohibited within 60 feet of the right of way. 3. Foundations - No part of the retaining wall foundation shall extend beyond the property line or into the rural viewshed. On lots subject to the rural viewshed, retaining walls are prohibited within 60 feet of the right of way. 4.3. Fall protection—All retaining walls four feet or greater over four feet in height shall be required to provide fall protection. Fall protection systems may include, but shall not be limited to, permanent landscaping or fencing. 5.4. Terracing—Terracing is allowed and encouraged. In a terraced retaining wall system, the two retaining walls shall be separated by a distance of at least one times (1x) the height of the higher of the two walls. There shall be a Mmaximum of two walls, regardless of height for purposes of terracing. 6.5. Height limitation—No single retaining wall shall exceed six feet in height at any point. for a single wall, or a total of two, maximum six foot tall tiered walls. 6. Nonconforming retaining walls—Retaining walls constructed and/or permitted prior to the adoption of these regulations shall be allowed to remain in their existing state; however, alterations to such walls shall be made in conformity with the approval of the Community Development Director. This is addressed in Sec. 64-74(4). 7. Design review--All retaining walls requiring a permit shall be reviewed and approved by the City of Milton Design Review Board, prior to the issuance of the building permit. 8. Permitting—A permit shall be required for all retaining walls that retain four or more feet of unbalanced fill. Any retaining wall greater than six feet tall allowed by variance shall require engineered drawings. d. Design Guidelines 1. Timber retaining walls over four feet are prohibited. 2. Poured concrete walls and block walls must be clad in brick or natural stone. Facing of such walls shall be approved by the City Architect. 3. Modular block walls shall be constructed of a beveled face, three piece system similar to the Anchor™ Diamond Pro™ Stone Cut™ system. Commented [RM1]: RZ16-04 – Text Amendment prepared for the City of Milton Mayor and City Council on November 21, 2016 (First Presentation on November 7 and Work Session on November 14) (Redlines reflect changes recommended by the City Attorney) 11/2/2016 Page 3 of 3 4. Retaining walls shall be landscaped to mitigate any adverse visual impacts. as approved by the Community Development Director. Plant species shall be selected to preserve the structural integrity of the wall. A planting plan shall be submitted to and approved by the City Arborist. e. Appeals Under the following circumstances a primary variance may be requested by the applicant to the Board of Zoning Appeals.Notwithstanding, anything in the zoning ordinance to the contrary, no primary variance maybe granted except for: i. Retaining walls not meeting the setback requirements indicated in Section Sec.64-2403(c)(2); and. ii. Retaining walls greater than six feet in height at any point, or a tiered system of more than two walls provided that engineered drawings are submitted with the variance application. iii.ii. Any retaining wall greater than six feet tall shall require engineered drawings. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-04 AN ORDINANCE TO CREATE RETAINING WALL STANDARDS IN CHAPTER 64, ARTICLE XVII, DIVISION 3, SITE IMPROVEMENT STANDARDS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 21, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the Site Improvement Standards, Article XVII, Division 3 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of November, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME pF'THE BEST QUALITY pf LEORGIq' MILTONESTABLI7HED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 15, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-06 -To Require Fence Permits for Fences Erected for Agricultural Purposes in Sec. 64-212 Fence and wall specifications; exemptions. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum 1111011101111 APPROVAL BY CITY MANAGER: ()APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES NO CITY ATTORNEY REVIEW REQUIRED: YES NO APPROVAL BY CITY ATTORNEY: () APPRO VED NOT APPROVED PLACED ON AGENDA FOR: REMARKS: © Toul PHONE: 678.242.25001 PAX: 678.242.2499 *'t* Infa@eltvaimntonga.usI �,� s Greens •a'd Xyalmli.n a.us w Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004-=•a*..o ..o.:: a Page 1 of 2 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: November 1, 2016 Re: Consideration of RZ16-06 – To Require Fence Permits for Fences Erected for Agricultural Purposes in Section 64-212 Fence and Wall Specifications; exemptions. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background Currently, fence permits for fences erected for agricultural purposes such as enclosing animals or crops is not required. Over the past few months, there have been fences erected in the City that do not meet the requirements for agricultural fencing. It is Staff’s opinion that by requiring a fence permit to review the construction of the fence, compliance can be maintained throughout the City. In addition, Staff has proposed that a permit fee will not be required for this type of permit. Funding and Fiscal Impact: Staff recommends that if these changes are made additional staff time will be required to review additional fence permits. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (October 2016) Page 2 of 2 Concurrent Review: Community Development Attachment(s): Text Amendments and Ordinances for RZ16-06 11/2/2016 RZ16-06 – Text Amendment prepared for the City of Milton Mayor and City Council on November 21, 2016 (First Presentation on November 7, Work Session on November 14) Page 1 Formatted: Centered Sec. 64-212. - Fence and wall specifications; exemptions. Fences and walls which conform to the provisions stated herein shall be permitted by the community development department. Fences erected for agricultural purposes in the AG -1 district shall be exempt from permit requirements fees but shall still require issuance of a fence permit. (1) Visibility triangle. Fences, walls and vegetative materials used in association therewith m ust not obstruct the minimum sight distance requirements which are specified in the city subdivision regulations (chapter 50) administered by the director of the community development department. (2) Gates. No part of a gate shall be located within 20 fee t of a public right-of-way, nor shall any gate or vehicle in any way obstruct a public right -of-way or the minimum sight distance specified in the subdivision regulations regardless of whether open, closed or in an intermediate position. (3) Maintenance of required landscape areas. Landscape areas or strips required pursuant to this section shall be maintained in accordance with the requirements of the tree preservation ordinance (article III of this zoning ordinance). (4) Fence and wall materials. Where this zoning ordinance or zoning conditions require fences and walls to be solid/opaque, the visual density of the fence shall be such that it cannot be seen through. The following standards shall apply to fences and walls: a. Adjoining right-of-way. In all zoning districts, wire fencing materials, including chainlink fencing with plastic or wooden inserts, shall not be used adjoining a street right -of-way. This provision shall not preclude the use of chain link fencing as a security fence around stormwater facilities or recreational courts. The architectural treatment of poured concrete, common aggregate block or concrete block walls shall be approved by the director of the community development department. b. Fences along all property lines. Walls and fences constructed along all property lines shall be constructed with a finished side toward the neighboring property. c. Barbed wire. Barbed wire may be used in the AG-1 district as long as its use is associated with a legitimate agricultural pursuit. Barbed wire shall not be approved for any single -family dwelling lots, including such lots which are located in the AG -1 district. Barbed wire shall not be permitted in any other zoning districts. d. Minimum landscape requirements. A minimum three-foot landscape strip shall be provided between a fence or wall and a public right -of-way. (5) Height. Fences and walls shall not exceed a height of eight feet from grade in residential districts. Column and ornament heights are permitted to exceed the maximum fence /wall height up to three feet. a. Fencing along exterior streets shall be as follows: 1. Allowed fencing material shall be three or four board wooden fencing with wood posts. 2. Fences shall not exceed 55 inches from finished grade. 3. Fences shall be white, black, or dark brown in color. 4. Opaque fences are prohibited. 5. Chain link fences are prohibited. 6. Fences shall be set back a minimum of three feet from a public right -of-way. 7. If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. 11/2/2016 RZ16-06 – Text Amendment prepared for the City of Milton Mayor and City Council on November 21, 2016 (First Presentation on November 7, Work Session on November 14) Page 2 Formatted: Centered b. Fencing along interior streets including front, side corner, side and rear of platted subdivision lots shall be as follows: 1. Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and 2. Along sides and rear of a lot, fencing material can be of any type. 3. Fences shall not exceed eight feet in height. 4. If a front, side corner, side or rear lot line borders an exterior street, subsection (5)a. applies. c. Fencing along side, side corner, or rear of nonsubdivision lots: 1. Allowed fencing material and type is not limited to three or four board wooden fencing. 2. Fences shall not exceed eight feet in height. 3. If a front, side, side corner or rear lot line borders an exteri or street, see subsection (5)a. (6) Setback. Fences and walls shall be set back a minimum of three feet from a public right -of-way. (Ord. No. 13-03-161, § 1, 3-18-2013) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-06 AN ORDINANCE TO REQUIRE FENCE PERMITS FOR FENCES ERECTED FOR AGRICULTURAL PURPOSES IN SECTION 64-212 FENCE AND WALL SPECIFICATIONS; EXEMPTIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 21, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of fence and wall specifications; exemptions in Section 64-212 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of November, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk VA HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MItTION't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2016 FROM: Steven Krokoff, City Manager® AGENDA ITEM: Consideration of a Resolution Appointing A Member to the City of Milton Cultural Arts Committee for District 1 /Post 2. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,JIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,)AO CITY ATTORNEY REVIEW REQUIRED: () YES (AO APPROVAL BY CITY ATTORNEY: () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 11 3r 7er( REMARKS: ©y Tnu(M PHONE: 678.242.25001 FAX: 678.242.2499 Greeri "fin Community jn IMo@cltyo1mlltonga.us l v .ceyofmlNonga.us ) 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'k, a STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON CULTURAL ARTS COMMITTEE FOR DISTRICT 1/POST 2. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 7th day of November 2016 as follows: SECTION 1. That _______________ (District 1/Post 2) is hereby appointed for a term commencing November 21, 2016 and ending on December 31, 2018 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 21st day of November 2016. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF' HE BEST QUALITY OF IIO EORGIA' MILT NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:November 10, 2016 FROM: Steven Krokoff, City Manage \fin AGENDA ITEM: Consideration of a Resolution Appointing A Member to the City of Milton Cultural Arts Committee for District 2/Post 1. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,y PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES I k<o CITY ATTORNEY REVIEW REQUIRED: () YES( X0 APPROVAL BY CITY ATTORNEY. () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: xrl Solt REMARKS: ©y You( PHONE: 678.242.25001 FAX: 678.242.2499 Fmlg Green • +aw4a+z".Ke InfofcifyofmiRonga.us I www.clfyofmiliLga.us w n COl nl O'd ' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON CULTURAL ARTS COMMITTEE FOR DISTRICT 2/POST 1. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 7th day of November 2016 as follows: SECTION 1. That _______________ (District 2/Post 1) is hereby appointed for a term commencing November 21, 2016 and ending on December 31, 2018 and, SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 21st day of November 2016. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk R HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA'iL M I LTO't ESTABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 10, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the Charter of the City of Milton for the Purpose of Clarifying Section 1.12(b)(40)(A) and Section 6.11(b). MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: JIVAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (efES ONO CITY ATTORNEY REVIEW REQUIRED: (IKES () NO APPROVAL BY CITY ATTORNEY: (kKPPROVED PLACED ON AGENDA FOR: t' IiuIz°l� REMARKS: () NOT APPROVED W y Your PHONE: 678.242.2500 FAX: 678.242.2499 G're`en ' • q; IMo@oHyolmllbnpa.ualwww.eHyotmliton a.us wrtoun Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �� - °E...... 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to reconcile and clarify subparagraph (b)(40)(A) of Section 1.12 and paragraph (b) of Section 6.11 with respect to the maximum millage rate limitations applicable to ad valorem taxes on real property for operating budget and general obligation bond purposes; and WHEREAS, the modifications provided for in this Resolution and Ordinance may be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and 2 WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 1.12. Section 1.12 – Municipal powers is amended by inserting the following underlined and bolded text into subparagraph (b)(40)(A) of Section 1.12 as follows: (b) [Specific, particular powers.] The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes (not general obligation bond purposes) shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with O.C.G.A. § 48-8-91, the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?' If such millage rate increase is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Milton voting in a referendum; Section 6.11. Section 6.11 - Millage [rate] is amended by inserting the following underlined and bolded text into paragraph (b) of Section 6.11 as follows: (b) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes (not general obligation bond purposes) shall not exceed 4.731 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or a gainst 3 such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of O.C.G.A. § 48-8-91, relating to conditions on imposition of the joint county and municipal sales tax. SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on November 21, 2016 and December 5, 2016 as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare demanding it, this ___ day of ____________________, 2016, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) M HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON t ES IABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City CouncilDATE: kovember 10, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Approve Mobilitie, LLC's Application for Utilization of the Public Rights of Way of the City of Milton for Telecommunication Facilities, as Authorized by Law. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4'YES (J NO CITY ATTORNEY REVIEW REQUIRED: Wv ES () NO APPROVAL BY CITY ATTORNEY. (�IKPPROVED /) NOT APPROVED PLACED ON AGENDA FOR: rf I N juq, REMARKS: ©,* you( PHONE: 678.242.25001 FAX: 678.242.2499 Green ; * * " infofcltyofinifonga.uslwww.cliyofmlZriga.us DO Communi G 13000 Deerfield Porkwoy, Suite 107 1 Milton GA 30004 " - ^�•• •«_.: a 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPROVING MOBILITIE’S APPLICATION FOR UTILIZATION OF THE PUBLIC RIGHTS OF WAY OF THE CITY OF MILTON FOR WIRELESS TELECOMMUNICATION FACILITIES, AS AUTHORIZED BY LAW WHEREAS, in a letter dated June 29, 2016, Mobilitie, LLC ("Mobilitie") submitted a formal registration application to the Council of the City of Milton for access to the public rights of way to erect wireless facilities and wireless support structures for the provision of telecommunications services; and WHEREAS, in a letter dated October 12, 2016, Mobilitie submitted supplemental documentation necessary to obtain access to the public rights of way; and WHEREAS, O.C.G.A. § 32-4-92(a)(10) provides that municipalities may grant permits and establish reasonable regulations for the installation and construction of conduits, cables, wires, poles, towers, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system lying within its municipal limits; and WHEREAS, the City of Milton has adopted regulations for, inter alia, the installation and construction of wireless telecommunications facilities and wireless support structures in the interest of: (1) protecting residential areas and uses from potential adverse impact of telecommunications facilities; (2) providing adequate personal wireless services to residents of Milton; (3) locating telecommunications towers and antennas in areas where adverse impacts on the community are minimized; (4) encouraging the design and construction of towers and antennas to minimize adverse visual impacts; (5) avoiding potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed and constructed; (6) preserving those areas of significant scenic or historic merit; (7) facilitating the implementation of the Existing Tower Map for the City of Milton; (8) promoting and encouraging the joint use of new and existing tower sites among service providers; and (9) enhancing the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently; and WHEREAS, these regulations are set forth in Chapter 54 of the Ordinances of the City of Milton. Chapter 54 is otherwise known as the Milton Telecommunications Ordinance; WHEREAS, O.C.G.A. § 46-5-1(b)(1) provides that any telephone company that seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority: (1) the name, address, and telephone number of a principal office and local agent of such telephone company; (2) proof of certification from the Georgia Public Service Commission of such telephone company to provide telecommunications services in this state; (3) proof of insurance or self-insurance of such telephone company adequate to defend and cover claims of third parties and of municipal authorities; (4) a description of the telephone company's service area; (5) a description of the services to be provided; (6) an affirmative declaration that the telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way 2 that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the “Georgia Utility Facility Protection Act”; and (7) a statement in bold type at the top of the application as follows: “Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application”; and WHEREAS, the Council finds that those requirements as set forth in O.C.G.A. § 46-5- 1(b)(1) have been met and satisfied and that Mobilitie's application is otherwise complete and in order; and WHEREAS, O.C.G.A. § 46-5-1(a)(1) provides that any telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate i ts lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way; and WHEREAS, Mobilitie, LLC has been certified by the Georgia Public Service Commission to provide telecommunications services in this state, such certifications being attached hereto as Exhibit “A” and incorporated herein by reference; WHEREAS, O.C.G.A. 46-5-1(b)(17) provides that if a telephone company receives authorization to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state with the approval of municipal authorities in charge of such roads, highways, and rights of way, the telephone company must still comply with any permitting requirements of said municipality; WHEREAS, the City Council deems and declares it to be in the best interests of the citizens of the City of Milton that the June 29, 2016, application of Mobilitie be approved. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the application of Mobilitie to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby deemed in order and complete; BE IT FURTHER RESOLVED, the Council of the City of Milton hereby ordains and resolves that the application of Mobilitie to make use of the public roads, highways and rights of way belonging to and within the City of Milton is hereby approved; BE IT FURTHER RESOLVED that the City of Milton does hereby affirm its entitlement to all benefits under O.C.G.A. 46-5-1(a)(1), et.seq, to include the receipt of Due Compensation as defined by O.C.G.A. § 46-5-1(b)(9) and (11) as a condition of the construction of any telecommunications structures or facilities within the public rights of way of the City of Milton; BE IT FURTHER RESOLVED that, prior to the erection of any wireless facilities or wireless support structures within the rights of way of the City of Milton or otherwise, that Mobilitie shall be required to apply for and receive a permit, to include the requisite Council approval, pursuant to the dictates and requirements of Chapter 54 of the Code of Ordinances of the City of Milton Georgia and any other applicable Milton rules, regulations or ordinances; and 3 BE IT FURTHER RESOLVED that if a permit is secured for erection of any wireless facilities or wireless support structures within the rights of way of the City of Mil ton, then Mobilitie shall nonetheless be subject to all requirements and obligations set forth in O.C.G.A. §§ 32-6-171 and 32-6-173 and Chapter 54, Section 8 of the Code of Ordinances of the City of Milton Georgia regarding the repair, maintenance, and relocation of said facilities or structures. BE IT SO RESOLVED AND ORDAINED, this ____ day of ______________, 2016, by the Council of the City of Milton, Georgia, the public health, safety and welfare demanding it. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) coMMrsstoNERS:EXHIBIT''A'' LAI.,REN "BUBBA' McDONALD, JR., CHAIRMAN STANWSE ROBEFT B. BAKER,JR. cHucK EritoN H. DOUC EVERETT FILED DEBORAH K FI.ANNAGAN DEC l B 2010 ExEcuflvE DtREstoR ilECUTIVE SECRETARY REEcE I¡'ALFTERG.P.S.C. E:xEcunvE SECREÍARY (404) (800t 650.{501 2&tð13 Grrrrsia fpuhliæ fi Brfriæ tmffirir¡øi,o¡rr 244 WÁSH¡NGTOñ| STREEI 8.W. AIL"AIITA GEOR0ß 3038¡þıml DOCKET NO.32470 CERTIFrcATE NO. X.II IN RE:Application of Mobilitie, LLC for a Cerfificate of Authority to Construct or Operate Telephone Line, Plant or System. CERTIFICATE OF AUTHOR]TY TOLL LINES Decided: December 21,2010 BY THE GOMMISSION: On August 9, 2010, Mobilitie, LLC (hereinafrer refened to as the "Company") filed with the Georgia Public Service Commission (hereinafrerthe "Gommission") anapþticationfor a Certificate of Authority to provide intrastate intraLATA and inierl-ATA telecommunications seruice throughout the state of Georgia. By way of background, Georgia was divided into five LocalAccess and TransportAreas ("|.ATAs") as a result of certain litigation involving AT&T (formerly known as American Telephone and Telegraph Company). This litigation resulted ln the Modiflcation of Final Judgement, which is the consent decree entered by the United States District Court in United States v. American reþBhone ano rebqrap , 552 F. supp. 13r (D.D.c. 1gg2), affd sub nom. Marvland v. United Slgtes, 103 S. d..1?/lO (f 9æ). ln fillng this application, the Company seeks authority to become an intraLATA and interl-ATA interexchange facilities-based canier operating witfrln the state of Georgía. The Commission has reviewed the Company's appllcation and will lmpose the same conditions and restric'tions as contained in the Orders lssued in Docket Nos. 343g-UqIqTI-S16:U (MCl), 3451-U (GTE-sprint), 3458-U (Microtel), 3501-U (SouthemTel), 3575-U (U.S. Sprint), and 1'314Sú lcPw's CLEC Order). ln Administrative Session on December 21,2010, the Commission voted to waive public hearing on this matter. After carefully analyeing all evidence of the record in this case, the Commission makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The Company has filed an application seeking authority to provide state-wide intral,-ATA and interLATA interexchange facilities-based telecommunications services in üre state of Georgia. 2. The Commission has cpnsidered the application of the Company for a Certificate of Authority. The state of Georgía has been divided as a consequence of the Modification of Final Judgrnent into five l-ATAs (local access and transport areas). 4. The Company is a long-distance telecommunications carrier authorized by the Federal Communications Commission (FCC") to construct and operate interstate telecommunications services. The Company owns facilities and/or leases them ftom/to other common canÍers. The Company's system prcvides interstate telecommunications services including private line offerings. 5. The Commission finds thatthe Company has fte financial, technical and managerial abilityto provide intraLATA and interLATA intrastate telecommunications serviceforình¡ch it is seeking a Certificate of Authority. DOCT(ET NO.32470 Certlflcate No. X-t101 Page 2 of5 3 6. The CommissÍon finds that the Company will provide canier's canier transport service for wireless carriers. The Gompany will provide its service uslng backhaul linked by fiber optic cables wlth conversion equlpment attached to poles, wires, fiber termination equipment and other structures. coNclustoNs oF t-Aw Based on the foregoíng Findings of Fact, the Commission makes the following Conclusions of Law: Pursuant to O.C.GA. SS 46-5-163(b), 46-541, 46-2-23 and 4612-25, lhe Commission has jurisdiction to grant the certificate requested herein and to determine the reasonableness of the rates, charges, classifications and services of the Company. 2 O.C.G.A. S 46-543 requlres that when an application to acquire or operate a telephone system is received, proper notice of the application shall be given to specifically identified groups and dasses of persons. 3. The Commission, purcuant to O.C.G.A. SS 46-541 ,46-S163(b), and 4&$168, has the authority based upon applicable law to refuse to issue the certificate or to issue it in part or in whole. I 4. The Commission further concludes that this certificate authorizes the Company to provide intraLATA and interLATA services th roughout the State of Georgia. The Company will be subject to this Commission's decisions on all issues cpnceming the cornpletion of intraLATA and interLATA calls. The Company is authorized b sell its services and b resell services of other certificated carriers. DOCKET NO.32470 Cerüficate No. X-1101 Page 3 of5 5. The Commission further concludes, pursuant to O.C.G.A. SS 46-2-25.1 ,46-2-25.2 and 46-2-25.3, that all companies providing services between Georgia's LATAs should take certain steps to insure that customeru¡ utilizing the services of the companles are not billed for county-wide local calls, 16-mile toll-free calls, and tolþfree calls within 22 miles that both originate and terminate within a given LATA. ln the case of companies providing services to other common caniers for resale, the foregoing restriction shall apply to the reselling csmpany. WHEREFORE,lt ls ORDERED, that a Certificate of Authority number X-1101 is hereby gmnted to Mobilitie, LLCto prcvide intral-ATAand interlÁTA intrastate telecommunications servÍces in Georgia. ORDERE9 FURTHER, that Mobilitie, LLC shall provide intrastate int¡aLATA and inter[ATA services pursuant to its Georgia tariffs. ORDERED FURTHER, that if the Gompanydesires to do business in Georgia under any name which does not appear on this certificate, the Company shall submit an application for amendment to its certification stating the name under which it plans to conduct business. ORDERED FURTHÉR, that the Company shall contribute to the UniversalAccess Fund as prescribed in Docket No. 5825-U. ORDERED FURTHER, that the Company shall be responsible for ensuring that its employees, agents or designees comply fully with all applicable laws, rules and orders of the Commission relatlng to safe excavation procedures, including, but not limited to O.C.G.A. S 25-9-1 e! seq- the Georgia Utility Facility Protection Act. Violations of such laws, rules, or orders of the Cornmission by the Company's employees, agents or designees may result in revocation, suspension or other limitation on the Company's certificate of authority and may result in fines assessed on the Gompany pursuant to o.c.G.A. s 46-2-9r. 9RDERED FURTIIER, that pursuant to O.C.G.A. S 46-5-168(bX2) the certificate granted hereÍn shall be subfect to revocation if the Company fails to notiff the Gommission of any change ln hts contac{ address on ffle with the Commission, falls to comply wlth Gommission requlrements or orders, or violates any applicable law or Commission rule. DOCKETNO.32470 Cerfficate No. X-í101 Page 4 of5 ORDERFD F-URTHER, that all statements of fact, law and regulabry policy contained within the preceding sections of this Order be adopted as findings and conclusions of law and conclusion of rcgulatory policy of the Commission. ORDERËD FURTHEB, that jurisdiction overthis matteris expressly retained forthe purpose of entering such further order or orders as this Commission may deem just and proper. OBDERED FURTHER, that any motion for reconsiderat¡on and/or rehearing in this case shall not have the effect of staying this Order of the Commission, except insofar as the Commission may otherwise provide. The above byaction of the Commission in Administrative Session on December?l, 2010 þ,*æ*/eW#ß--øÇ C2-l¿<. Reece Executive Secretary DATE: />'21. lü Lauren "Bubba" McDonald, Jr. Chairman DATE:il -2/'/Ð DOCKET NO.32470 Cerüfrcate [.1o. X-í101 Page 5 of5 ooiltrit38tol{EF3: LAT REN "BUBBA'I|oDOI{ALO, JR. CHAlRllAft 8|1At{W8E ROBERÎ B, EA|(ER,¡R. GHUCN(EAfOit H. DOUG EI'ERETT (ilo{)tt}400r (800let8-tttr FILED DEC ' 8 2010 D€BORAH KFLAilI{AI¡AT{ ËxEcutmoHEsfoR **åTFtrRilAR{ .*ffi,iJ!ffi 6*gitmuHtu $artrtæ zfi WASHNqTOil SrnEËT, ATI¡NTA, GEOmA INTERIII CERT¡FICATE OF TO PROI'IDE COI,IPETMì'E LOCAL E'(CHA¡{GE TELEGOHMUNICANOil SERVICES IN RE:DOCKET NO 32¿[66: Applbaüon of lloblllüe, I.LG fora Cerüñcstê of Authority to Resoll and Prcv{de FacilÍties-Basêd Gompetiüve Lqcql Exchange Servlces. Certiffcate No. L{493 Apprcved: Eleoember 21, 2010 Effective: /F " Aâ- ' BY THE COMMISSION; t. BACKGROUND On August g, 20f 0, Mobilltie, LLC (herelnafrer refened ûc as'The Appllcanf or "Mobilltie') frlod vttlth the Georyia Publlc Servloe Commigslon (herelnafie¡ refened b as the Gommission") an appllcatlon fur a Certlflcaþ of Authority to Pmvlde Competiüve Loúìel Exchange SeMoes, pursuant to O.C.G.A. S 46-5-163(b). ln Admlnlgtrìath,€ Session on Dectmber 21,2010, the Commisslon voted tc r¡rnive a public hearlng on this matter, The statubry authorlty gorremlng certÍfrcates of authority of tfre type üre Appllcant is seekÍng ls found at O.C.G.A. $ 46.5-163. Thls code sec,üon prcvHee that a teleæmmunfcatione companyt lncluding a tslecommunicatións eervlæe ressller, ehall not prwlde blecommunlcatlons eorvlcos wlthout a cartllïcate of autfiortty lssued by üre Commlsslon. A oertlficatE may not be legu€d wlthout adequaûe proof thEt $re appllcant posssssg eatlsfacilory financlal and tedtnical capabillty. A strorrrdng of publlc ænrænience gr¡d necess¡ty ls not a condltlon br issulng a competlng oertfficate of authorlty. Doc¡ct No. 28076 Page I of6 Fre({il) 0c 0cll iltD _ .- _ ln support of lts appllcation, Mobllltle pmsenûed evldence thmugh extrlbb and additlonal rnaterlals routl¡ely requeated bythe Commission $ffi. Afrercar¡fr¡lly analydng all evHence of the nsoord in thls case, the Commlsslon makeo the fullowing nnOings otøã and conclueions of law: t¡. FINDINOS OF FACT 1. TECHNICALCAPABILIW. The Applicant lntends to oftr local exchange blecpmmunicatlons sarvlc€s b buslness ct¡stomere in Georgla. Applicant has demonshated adequate technlcal capabiliügs to lmplemerrt lte business plan thrcugh eviden@ regarding its management team, tec{¡nical undcmüanding and cusbrnereeMca plens. 2. FINAf{CIAL C¡IPAB|LITY. The Appllcant has demonEtrated that itpossessee s¡¡ficientand adequabfinancial capabilityto Plylde the local exchangeteleæmmunMlone soMcas fcrwhicfr lt le eeeklng a Certlficde of Authorlty. til. coNclustoN8 0F t-Aw The Gommlssion Stafi oertffiee the record ln thls docket b the Commiseion and issues this r€commendetion pursuant trc O.C.G-A. $S 46-2-58(d) and 60-13-1 7(a). Baeed upon the evidence, the Gommlsolon Stafi finds that the Appllcant has shorn thst it posoe{¡ses saüsfactory flnancial and bchnical capability pursuant b O.C.G.A, S 46-5- 163(h) ln older b be gnanted an interlm ærtificate, consisbrit rvlür the Gommlag¡onþ guidelines ln Doc{<Et No. 5778-U br the lssuanc€ of lntedm cert¡flcates of authority fur the provlslon of local excñange tElecommunlcaüon servlcs. Havlng reviewed the recurd and oonsiderpd ürig cage, the Commþslon finde and concludes that lt should adopt üre Commlssion Staffs Þcommendation as ib dedslon ln thls docket. WHEREFORE, it iS ORDERED, tfiatthe abqle numberad certif,cab ls granted b Mobillüe, [C, rvfiose qrllg¡pal bg_s-lrnsc addrse b 660 Nernrport Center Drlve, Sulb 200, Newpori Beadr, Calibmla 926t0, to resdl and provHe hdltüe+bac€d compeütlve local excfrange teleæmrnunlcaüon servlces. tlocl<etNo.28078 Page 2st 6 ORDERED FURTFIER" that the Applicant ls hereby gnanhd authorlty b prcvlde hcal occfiango bleoommunicaüons servlæs ln the Bellsodñ TeþoommunËaüohe, lnc. dlblaAT&T Geotgh e:atrangea set forth below: Acr¡orth Adalnvllle Albany Alpharctta Amsrhue Appl¡ng &llngton Athene Aüanta Auguoûa A¡stdl Baænbn Balnbrldge Bamesvllle Baxley Blacksfiear Bogart€tatham Boudon Bremen BrunEwlck Buchanan Butuid Galhoun Camllla Canollbn Cartelwille Gave Spring Cedartomrn Chamblee Cla:ún Clennont Gochnan Colqultt Columbus Concord Conyers Gordele Govlngbn Cummlng Cuosoûa Dalhc DouglaMile Dublln Dulr¡ür Easünan Eatonbn Elberbn Falrh¡m Fayeüevillc Flovuery B¡anch Foneyth FortValley Franldln Gainesville Gay Glbson G¡anMlle GÞeneboro GÊenville Grltrln Hamilbn l-lampbn Harlem Hazelhuret Hephdbah Hogansvllle Jachsgn JeMl lehrd Jesup Johnson Comer Joneabofo Kingsbn LaGrange Lake Petk l¡wrencoville Leary Leesburg Llthonla Loganvllle Loulsvllle Lula LumberClty Lumpkin Luüerwllle Lyone itracon Madison Marletta Mc0aywllle McDonough Mlllan Montlcello Navnan Neufion Norcross Palmeûb Panda Pelham Plne Mountain Pooler PouderSprlngs Rlcfiland Rockmart Rome Rooplrllþ Rossvils Rocrfioll Royeton R¡¡{edæ St Slmon¡ lsland Sandelwllle- Tennilþ Ssrdls Savannah Senola Smlthvllle Smyma SocialCircle Sparla Sparta Sbckbrldge Stone Mountaln $malnsboro Sylvesbr Tallapoosa Temple Tennga Thomasville Thomson TIfron Tucl<er Tybee lelarrd Valdoeta Vldalla Mlla Rlca Wadley Wamer Roblns Wananbn Watklnevllle Wayrross Wayneeboru Woodbury Woodsûock Wþns Wdgfttrvllle Zebulon Doo{(ot Ìt|o.28078 Pæ€3of5 ORDERED FURTHER, that as a ændltlon precedentb the Appllcantorftring local servlcè, that requires interconnection, ln any of the nrquested exchangeo, the Appllænt mugt enter into an lnterconnect¡on agraementuvfth each ffiected inanmbent hcalexchange company and obtain the formal apprcvalof the Georgia Public Service Commission afier sald agreement te f,led wlth the agency. ORDERED FURTIIER, ütat the ¡ppllcanfs tarlft is hereby approrred. ORDERED FURTHËR, fiat the Appllcant must comply with O.C.G-4. S 25-g-f el seq. rsgarding the prac{ices and procedures that shall be emfloyed t¡tren a telecommunfcaüons provider or lh deeþnee is elcavaürg ln he stato of Georgla. ORDERED FURTHER, ttat the Applicant sfiall be rceponsible for eneurlng lts employees, agênF ordeslgnees complyfullywlth all applieble laws, rules and orderc of the Commissbn relaüng to eaþ a<cavation procedures; includlng, but not llmnæd b O.C.G.A S 2$g-f g[sso., the Georgh utlllty Fadllty Protecüon Act Vïolaüons of sucfi lauts, ru16s, or ordeæ of the Commlselon by the Appllcanfs employees, agenb or desþnees may rczult ln mvocation, suspenslon or ofter limltation on tlp Appllcanfe cert¡ficab of authorityand maymsultinffnesassesEsd onApplicantpursuantbO.C.GAS 46-2-91. ORDERED FURï}|ER, that the Applicant must comdy wlth the Commlseion'¡ Older or Ordere ieeued in Docket No. I 14ffi{J, Prwention of Damage To Undergmund Facllitiee, and appllcable law pertalnlng b Cornmon Ground best prac[ces for excavation damage prevenüon when ercavaüng in an area ln whlcTr undergrcund fiaciltties may be located ORDERED FURTHER, that the Appllcant shall contlbute to the Unhrersal Ames Fund as prcacrlbed in Docket No. S82SU. ORDERED FURTHER, that pursuant b O.C.G.A. S 40-5-168(bXZ) the ærtlflcate granted her€in shall be subþc{ to rcvocaüon if the Appllcant falle b ndffuüe Commi¡olon of any change ln lts comect addÞes on flle udfi the CÖrnmisslon, Êils to æmply wltfr Commlsslon rcqulrements orOders, orviolates anyapplbable lawor0ommislon RulE. ORDERED FURTHER, that ff the þpllcant deelreo b do business ln Geogia urder eny name srhló does notappearon thlg côrtfffcat€, Applicantshall¡ubmltan appllcatftrn for amendment to lts cerdflcaüon statlng the narne under $'hlcft lt plans b conduci business. ORIIERED FURTHER, that all gtaþmants of fac{, laurr and regulabry pollcy Docket No.28076 Page 4 of5 contalned wlthin the pnecedÍng sectlons of this Order be adopted as ffndlngs and concluslono dlaw and conclueþris of regulatory pdloyof the Commleslon. ORDERED FURTHER, thatfurÌsdlc{on owrthir matþr ls expræoly rcûrined turtre pufpose of enbring such ft¡rherOderorffiers asthie Commlsdon maydeemfuetand pfoper. ORDERED FURT}|ER, lhat any motion fur pænsHeratlon or rchearing in thb case shall not have the €rfrct of sùaylng this Older of Commlssion, exæpt lnoofar as the Comrnlssbn rney othorrriæ prwlde. BY ORDER OF THE OEORGÍA PUts LIC SERìrICE cOllMlEglON, tt¡is 2l st day of Decsmber2Ol0. b_ß,Ærrgß.-^øÇ Executiw Secrctary Lauren Bubba' Mcf,þnald, Jr. Ghalrman DATE: /.2-29+ëDATE: (2_*Z '-t ò RÍI'IILM/TS GETRßI4.,FULIüi'iüi;Ui'¡'t Y I Req:ce lo"cÅ.list*i"Executii'e $ecreteiry cl'the Gecigin Fubli c 5eruice t'ri'nnrission , do hereby ceriify tltat il'.1farsgclng ¡rçg¡¡t:iìt is, a tri;e anii co¡'rect copy oí lh;/1 l'tllL', .ìJ in*ltii,ilreof,'*hich is cn file with tlie .'üi'¡en under mY'hanC offìt'iel of the Doalot Page Commisr¡i.tn Serv F¡<ecutiw Secretary of EP HOMEOF''F 3E57 ;�p'gliry �F;r iLI ;;rOe M -1 1LT GIA' ON'° ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 16, 2016 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of a Resolution of the City Council of the City of Milton Declaring the Results of An Election Determining the Issuance of General Obligation Bonds by the City of Milton and for Other Related Purposes. MEETING DATE: Monday, November 21, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („)APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ()'YES () NO CITY ATTORNEY REVIEW REQUIRED: (JXES () NO APPROVAL BY CITY ATTORNEY. (,1, -APPROVED () NOT APPROVED PLACED ON AGENDA FOR: "1 zi (»r REMARKS: © 30 Yofilm _ * PHONE: 678.242.25001 FAX: 678.242.2499 &den_ s "c.w * '�Fe w CommuIt InfoOcifyofmflfonga.us l w .cgyofmiNanga.us „,y Ea,� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 °'°""6p °"^••' a STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILTON DECLARING THE RESULTS OF AN ELECTION DETERMINING THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE CITY OF MILTON AND FOR OTHER RELATED PURPOSES WHEREAS, pursuant to a resolution adopted by the Fulton County Board of Elections and Registration of Fulton County (the “Elections Board”) on July 14, 2016 and a resolution adopted by the Council of the City of Milton, Georgia (the “City”) on June 20, 2016, an election (the “Election”) was held on November 8, 2016 in the City; and WHEREAS, the Election submitted to the qualified voters for their determination the question of whether $25,000,000 in aggregate principal amount of the City’s general obligation bonds (the “Bonds”) shall be issued; and WHEREAS, the Election Superintendent, in the presence of and together with the Election Managers, brought up the returns, consolidated the returns and declared the results of the Election as set forth in Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City, and IT IS HEREBY RESOLVED by authority of the same, that the Election resulted in favor of the issuance of the Bonds by an affirmative vote of a majority of the qualified voters voting in the Election and that the issuance of the Bonds has been authorized as required by law. BE IT FURTHER RESOLVED that a duly executed copy of this resolution be furnished to the Elections Board. BE IT FURTHER RESOLVED that proper officers of the City take any and all actions that are required to validate the Bonds. 2 Adopted and approved this 21st day of November, 2016. CITY COUNCIL OF THE CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk EXHBIT A CONSOLIDATED ELECTION RETURNS CONSOLIDATED MUNICIPAL/COUNTY CERTIFICATION OF RETURNS FOR: ~t/ef(lhe( ~ 2D/~ ( J) SPECIAL ELECTION ( ) GENERAL ELECTION ( ) RUNOFF ELECTION Date Md-/pn- I fu J-k~ Municipality/County Instructions: Prepare and print (4) copies of the Election Summary (county consolidated vote totals report that is generated by GEMS). Attach copies of this consolidated certification report as foUows: 1. White sheet is attached to Election Summary and returned to Secretary of State. 2. YeUow sheet is attached to Election Summary and maintained by Superintendent. 3. Pink sheet is attached to Election Summary and sent to Clerk of Superior Court. 4. Goldenrod Copy is attached to Election Summary and immediately posted at the City Hall (city) or Courthouse (county) ELECTION SUMMARY lVIuST BE ATTACHED To TIns FORM REFERENDUM QUESTIONS: Affix a copy of the complete wording of the question(s) as such appeared on the baUot. SHORT TITLE OF QUESTION(S) AS SHOWN ON ATTACHED ELECTION SUMMARY: SPECIAL ELECTION QUESTION: CITY OF MIL TON Conservation Land, Wildlife Habitat, Natural Area, and Trails Bond (Vote for One) Shall general obligation bonds in an aggregate principal of up to twenty-five million dollars be issued by the City of Milton, Georgia to acquire conservation land and interests in conservation land for the purposes of providing recreational trails, protecting natural areas and wildlife habitat, preserving agriculture land, protecting the water quality of. rivers and streams and providing parks and park improvements? - YES This Referendum was held in < -= NO Citation of Act callinz for the o Local Act No. year _ Ga. Laws page No. _ QUESTION: This Referendum was held in accordance with (Citation of Act calling for the Election): Local Act No. year _ Ga. Laws page No. _ We, the undersigned Superintendent/Supervisor of Elections and his/her Assistants, do jointly and severally certify that the attached Election Summary is a true and correct count of the votes cast in this City/County. ill TESTIMONY WHEREOF e have hereunto set our hands and seals this 16lJ;h day of AJot/ , tflbll,. SIG U ICATE. FORMII CR-SCM-DRE-03·Q Election Summary Report Fulton County, Georgia General Election November 8, 2016 Official and Complete CITY OF MILTON Date: 1 1/ 15116 Time: 15:0 1 :28 Page.I of 1 Registered Voters 590362 - Cards Cast 17284 2.93% Num. Report Precinct 346 - Num. Reporting 346 100.00% YES NO 13508 82.86% 2795 17.14%·~ CITY OF MIL TON BOND Number of Precincts Precincts Reporting Times Counted Total Votes Total 19 ! 19 100.0 % I 17284/21097 8l.9 % ~ 16303 Statement of Votes Cast Date:11/15116 Fulton County, Georgia Time:13:09:09 Page: 160 of 162 General Election November 8, 2016 Official and Complete CITY OF MILTON BOND Reg. Voters Times Counted Total Votes YES NO MLOII 2050 1740 1633 1404 85.98% 229 14.02% MLOl2 430 352 337 272 80.71% 65 19.29% MLOIB 70 60 56 46 82.14% 10 17.86o/t ML021 1627 1331 1272 1079 84.83% 193 15.17o/t ML022 204 162 157 138 87.90% 19 12.IOo/t ML023 1281 1050 1001 856 85.51% 145 14.49o/t ML024 88 78 73 53 72.60% 20 27.40% ML03 3312 2755 2636 2174 82.47% 462 17.53% ML04A 1528 1254 1175 983 83.66% 192 16.34% ML04B 1061 882 852 673 78.99% 179 2101% ML04C 74 72 68 51 75.00% 17 2500% ML05A 35 33 30 24 80.00% 6 20.00% ML05B 329 279 273 214 78.39% 59 2161o/t ML05C 3503 2826 2632 2178 82.75% 454 17.25o/t ML06A 1514 1132 1041 856 82.23% 185 17.77o/t ML06B 2340 1875 1746 1464 83.85% 282 16.15% ML071 84 80 74 65 87.84% 9 12.16o/t ML072 952 818 775 601 77.55% 174 22.45o/t ML07A 615 505 472 377 79.87% 95 20.13o/t Total 21097 17284 16303 13508 82.86% 2795 17.14o/t CLERK’S CERTIFICATE STATE OF GEORGIA COUNTY OF FULTON The undersigned Clerk of the City of Milton (the "City") DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy o f a resolution duly adopted by the Council of the City on the 21st day of November, 2016, in connection with an election held on November 8, 2016, the original of which resolution has been duly recorded in the Minute Book of the City, which is in my custody and control. Witness my hand and the official seal of the City, this 21st day of November, 2016. Sudie AM Gordon, City Clerk (SEAL) CONSOLIDATED MUNICIPAL/COUNTY CERTIFICATION OF RETURNS FOR: ~t/ef(lhe( ~ 2D/~ ( J) SPECIAL ELECTION ( ) GENERAL ELECTION ( ) RUNOFF ELECTION Date Md-/pn- I fu J-k~ Municipality/County Instructions: Prepare and print (4) copies of the Election Summary (county consolidated vote totals report that is generated by GEMS). Attach copies of this consolidated certification report as foUows: 1. White sheet is attached to Election Summary and returned to Secretary of State. 2. YeUow sheet is attached to Election Summary and maintained by Superintendent. 3. Pink sheet is attached to Election Summary and sent to Clerk of Superior Court. 4. Goldenrod Copy is attached to Election Summary and immediately posted at the City Hall (city) or Courthouse (county) ELECTION SUMMARY lVIuST BE ATTACHED To TIns FORM REFERENDUM QUESTIONS: Affix a copy of the complete wording of the question(s) as such appeared on the baUot. SHORT TITLE OF QUESTION(S) AS SHOWN ON ATTACHED ELECTION SUMMARY: SPECIAL ELECTION QUESTION: CITY OF MIL TON Conservation Land, Wildlife Habitat, Natural Area, and Trails Bond (Vote for One) Shall general obligation bonds in an aggregate principal of up to twenty-five million dollars be issued by the City of Milton, Georgia to acquire conservation land and interests in conservation land for the purposes of providing recreational trails, protecting natural areas and wildlife habitat, preserving agriculture land, protecting the water quality of. rivers and streams and providing parks and park improvements? - YES This Referendum was held in < -= NO Citation of Act callinz for the o Local Act No. year _ Ga. Laws page No. _ QUESTION: This Referendum was held in accordance with (Citation of Act calling for the Election): Local Act No. year _ Ga. Laws page No. _ We, the undersigned Superintendent/Supervisor of Elections and his/her Assistants, do jointly and severally certify that the attached Election Summary is a true and correct count of the votes cast in this City/County. ill TESTIMONY WHEREOF e have hereunto set our hands and seals this 16lJ;h day of AJot/ , tflbll,. SIG U ICATE. FORMII CR-SCM-DRE-03·Q Election Summary Report Fulton County, Georgia General Election November 8, 2016 Official and Complete CITY OF MILTON Date: 1 1/ 15116 Time: 15:0 1 :28 Page.I of 1 Registered Voters 590362 - Cards Cast 17284 2.93% Num. Report Precinct 346 - Num. Reporting 346 100.00% YES NO 13508 82.86% 2795 17.14%·~ CITY OF MIL TON BOND Number of Precincts Precincts Reporting Times Counted Total Votes Total 19 ! 19 100.0 % I 17284/21097 8l.9 % ~ 16303 Statement of Votes Cast Date:11/15116 Fulton County, Georgia Time:13:09:09 Page: 160 of 162 General Election November 8, 2016 Official and Complete CITY OF MILTON BOND Reg. Voters Times Counted Total Votes YES NO MLOII 2050 1740 1633 1404 85.98% 229 14.02% MLOl2 430 352 337 272 80.71% 65 19.29% MLOIB 70 60 56 46 82.14% 10 17.86o/t ML021 1627 1331 1272 1079 84.83% 193 15.17o/t ML022 204 162 157 138 87.90% 19 12.IOo/t ML023 1281 1050 1001 856 85.51% 145 14.49o/t ML024 88 78 73 53 72.60% 20 27.40% ML03 3312 2755 2636 2174 82.47% 462 17.53% ML04A 1528 1254 1175 983 83.66% 192 16.34% ML04B 1061 882 852 673 78.99% 179 2101% ML04C 74 72 68 51 75.00% 17 2500% ML05A 35 33 30 24 80.00% 6 20.00% ML05B 329 279 273 214 78.39% 59 2161o/t ML05C 3503 2826 2632 2178 82.75% 454 17.25o/t ML06A 1514 1132 1041 856 82.23% 185 17.77o/t ML06B 2340 1875 1746 1464 83.85% 282 16.15% ML071 84 80 74 65 87.84% 9 12.16o/t ML072 952 818 775 601 77.55% 174 22.45o/t ML07A 615 505 472 377 79.87% 95 20.13o/t Total 21097 17284 16303 13508 82.86% 2795 17.14o/t