HomeMy WebLinkAboutAgenda Packet CC - 07/10/2017 - City Council Meeting Agenda Packet
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, July 10, 2017 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. 17-163)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the June 13, 2017 Special Called City Council Meeting
Minutes.
(Agenda Item No. 17-164)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, 2017
Page 2 of 5
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678.242.2500.
2. Approval of the June 19, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-165) (Sudie Gordon, City Clerk)
3. Approval of the June 21, 2017 Special Called City Council Meeting
Minutes.
(Agenda Item No. 17-166) (Sudie Gordon, City Clerk)
4. Approval of a Memorandum of Agreement between the City of Milton,
Georgia and Faithful Guardian, LLC.
(Agenda Item No. 17-167) (Bob Edgar, Fire Chief)
5. Approval of a Construction Services Agreement between the
City of Milton and Bartow Paving Company, Inc. for Asphalt
Reconstruction and Resurfacing of Various City Streets.
(Agenda Item No. 17-168) (Carter Lucas, Assistant City Manager)
6) REPORTS AND PRESENTATIONS
1. United States Flag Presentation.
(Bob Edgar, Fire Chief)
2. Fire Department Promotions.
(Bob Edgar, Fire Chief)
7) FIRST PRESENTATION
1. Consideration of T17-01 – 1 and 3 Verizon Place by Verizon Wireless c/o
Troutman Sanders LLP for a proposed rooftop antenna and a request for; 1)
Waiver from Section 54-6(b) to allow roof top antennas to be located less
than 3,500 feet from an existing telecommunications facility; and 2) Waiver
from Section 54-6(h) to allow the rooftop antennas and associated
structures to project 13 feet rather than the maximum ten feet above the
roofline.
(Agenda Item No. 17-169)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, 2017
Page 3 of 5
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2. Consideration of an Ordinance to Amend Chapter 20 of the City Code -
Noise Control.
(Agenda Item No. 17-170)
(Kathleen Field, Community Development Director)
3. Consideration of an Ordinance to Amend to Chapter 2, Article VI, Division
11, to Revise the City’s Procurement Policy with Respect to the Definition
of Professional Services; the Competitive Procurement Requirements for
Such Services; and for Other Lawful Purposes.
Policies, Section 2-621 – Scope.
(Agenda Item No. 17-171)
(Stacey Inglis, Assistant City Manager)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
11) NEW BUSINESS
1. Consideration of a Resolution Unilaterally Modifying the Sewer Service
Map Between the City of Milton and Fulton County Pursuant to the
Amended Fulton/Milton Sewer Intergovernmental Agreement, Referred to
as the Fourth Unilateral Modification.
(Agenda Item No. 17-172)
(Ken Jarrard, City Attorney)
2. Consideration of a Resolution to Amend the City’s Personnel Policy
Handbook to Include a Maternity Leave Policy.
(Agenda Item No. 17-173)
(Sam Trager, Human Resources Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, 2017
Page 4 of 5
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3. Consideration of the following Subdivision Plat Approval:
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Freemanville Crossing
LL 242 & 243
Freemanville Road
Final Plat 13 Lots 14.735 .88 Lots / acre
2. Edgemont on Main
LL 1124
North Main Street
Final Plat 18 Lots 2.09 8.6 Lots / acre
(Agenda Item No. 17-174)
(Melissa Branen, Zoning Technician)
4. Consideration of a Waiver of Conflict Regarding Jarrard & Davis, LLP’s
Representation of the City of Milton in Connection with the Issuance of a
Legal Opinion Regarding whether the County can Legally Provide Sewer
Service to Certain Parcels in the City that are in or Near the Boundary of
the Manor Golf and Country Club.
(Agenda Item No. 17-175)
(Ken Jarrard, City Attorney)
5. Consideration of a Waiver of Conflict Permitting Jarrard & Davis, LLP to
Advise Regarding Professional Services Contract with Pond & Company.
(Agenda Item No. 17-176)
(Ken Jarrard, City Attorney)
6. Consideration of a Resolution of the City of Milton Authorizing the
Appointment of Conflict Counsel.
(Agenda Item No. 17-177)
(Ken Jarrard, City Attorney)
7. Consideration of a Construction Services Agreement between the
City of Milton and Superior Arbor Management, Inc. for Tree Removal for
14390 Hopewell Road.
(Agenda Item No. 17-178)
(Carter Lucas, Assistant City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, 2017
Page 5 of 5
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678.242.2500.
12) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Economic Development
4. Communication
13) EXECUTIVE SESSION (if needed)
14) ADJOURNMENT
(Agenda Item No. 17-179)
M I
LTO
�!
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 30, 2017
FROM: Steven Krokoff, City Manager 6�1�'
AGENDA ITEM: Approval of a Memorandum of Agreement between the City
of Milton, Georgia and Faithful Guardian, LLC.
MEETING DATE: Monday, July 10, 2017 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: (.-KYES () NO
CITY ATTORNEY REVIEW REQUIRED: (t; 'ES () NO
APPROVAL BY CITY ATTORNEY: VAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 0-7Irn(1011
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
info@cifyofmilfonga.us I www.cifyofmilfonga.us
LTJ
To: Honorable Mayor and City Council Members
From: Robert Edgar, Fire Chief
Date: Submitted on June 26, 2017 for the July 10, 2017 Regular Council Meeting
Agenda Item: Approval of a Memorandum of Agreement between the City of Milton, Georgia
and Faithful Guardian, LLC
____________________________________________________________________________
Department Recommendation:
Approve the Memorandum of Agreement (MOA) between the City of Milton, Georgia and
Faithful Guardian, LLC, which will allow Milton Fire-Rescue to serve as a Clinical Agency
wherein firefighters currently enrolled in the Paramedic training program can complete their
mandatory field training requirements.
Executive Summary:
In addition to classroom time, tests, and practical training exercises, emergency medical training
programs and licensure agencies require advanced-level students to participate in field training
programs where they can perform the medical procedures under the careful guidance of qualified
preceptors. At the paramedic level, this requires approximately 600 hours of clinical time in
addition to the classroom and practical portions.
This MOA would allow Milton Fire-Rescue to serve as approved clinical site for the Faithful
Guardian Program. Milton is currently sponsoring 6 of our Firefighter/EMTs in this Paramedic
program. This MOA would allow them to conduct their clinical time here rather than at another
municipality or with a private ambulance service.
Funding and Fiscal Impact:
Because of the possibility of holding clinical hours in Milton, this MOA would be generally
budget-neutral or of a financial benefit to the City. This allows personnel to avoid travel and
out-of-city time for training and makes scheduling easier on the Fire Department.
Alternatives:
Students could attain their mandatory training hours at the outside departments already approved
as Clinical Agencies.
Legal Review:
Reviewed and approved by Ken Jarrard, Jarrard and Davis, LLC on June 21, 2017.
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Memorandum of Agreement
MEMORANDUM OF AGREEMENT
BETWEEN THE
City of Milton, Georgia
AND
Faithful Guardian, LLC
This Agreement is made and entered into this � day of U0% , 2017 (the "Effective Date"), by
and between the City of Milton, a Georgia municipal corporation, by and on behalf of its Fire
Department (hereinafter referred to as the "Affiliating Clinical Agency"), and Faithful Guardian, LLC,
a Georgia limited liability company (hereinafter referred to as the "Academy"). Individually, either may
be referred to herein as a "Party," and collectively, they may be referred to herein as the "Parties."
I. The purpose of the Memorandum of Agreement is to provide related instruction and practice as a part
of the respective program designed to benefit the students in accomplishing their goals.
II. Affiliating Agreement.
This is a mutual agreement between the Affiliating Clinical Agency and the Academy that provides
for the Affiliating Clinical Agency to accept students enrolled in the Academy's Paramedic Program
for faculty supervised clinical experience at the Affiliating Clinical Agency. In addition, this
agreement makes for the following provisions:
A. Educational experiences will be provided by the Academy and the Affiliating Clinical Agency
without regard to race, creed, color, gender, national origin, disability or age of the persons
involved.
B. The Affiliating Clinical Agency will serve as a clinical laboratory and will furnish facilities for
the students in such a manner and at such a time as the parties hereto mutually agree.
C. The Affiliating Clinical Agency will not be required to provide free treatment for injuries to
Academy students or instructors, which may occur during clinical assignments, for which the
Academy agrees to hold the Affiliating Clinical Agency harmless. Students or instructors may
request treatment at personal expense.
D. The Affiliating Clinical Agency will retain responsibility for the care of any patients under their
control and will maintain administrative and professional supervision of students, insofar as their
presence may effect the operation of the Affiliating Clinical Agency's emergency services.
E. Clinical rotation will be planned by the Academy faculty in conjunction with the Affiliating
Clinical Agency's representative to meet the requirements of the Academy and any applicable
licensing/certification board.
F. No Academy instructor or student will receive monetary or other reimbursement from the
Affiliating Clinical Agency for work done during the clinical rotation.
III. The Affiliating Clinical Agency agrees to:
A. Provide a program of clinical experience in which the students may engage to benefit their
knowledge of their respective educational program. The number of hours and experience may
vary each year but will be mutually agreed upon with the Academy.
B. Observe the following personnel policies:
i. Students are required to observe the clinical hours/days mutually agreed upon with the
Academy. Permit faculty and students to observe the Academy calendar for holidays and
events.
ii. Students shall be allowed to make up time lost due to unavoidable absences.
iii. Students shall wear the accepted Academy uniform during all clinical experiences.
iv. Faculty employed by the Academy will be under full jurisdiction of the Academy
administration.
C. Make provisions for orientation of faculty members of the Academy to the facilities,
philosophies, and policies of the respective Affiliating Clinical Agency.
D. Assist in the orientation of the students to the Affiliating Clinical Agency and clear channels of
administration for the use of equipment and records as necessary for teaching purposes and in
accordance with Affiliating Clinical Agency's policies
N. The Academy agrees to:
A. Provide clinical instruction in accordance with the required student -instructor ratio as mandated
by the state licensing/certification agency or by local regulation. The student -instructor ratio at
the Affiliating Clinical Agency will be a maximum often (10) students to one (1) clinical
instructor.
B. Maintain current state certification and license requirements as dictated by the State Office of
Emergency Medical Services for the Academy as a teaching Agency.
C. Academy students and instructors shall adhere to all applicable OSHA and CDC guidelines,
including, but not limited to, handwashing, personal protective equipment ("PPE"), needlestick
and other work safety issues.
D. The Academy has in place a complete written exposure plan in accordance with OSHA guidelines
regarding bloodborne and airborne pathogens.
E. Assure that all paramedic students will maintain a grade point average of no lower than a 3.0 (on
a 4.0 scale) in the paramedic curriculum.
F. Provide specific, written clinical behavior objectives for the Affiliating Clinical Agency staff
prior to student rotation. Conferences will be scheduled with the Affiliating Clinical Agency staff
during rotation to discuss student learning, student performance, and patient services.
G. Submit a schedule with names of affiliating students at least two (2) weeks prior to the affiliation
start date.
H. Provide for all administrative functions required by the Affiliating Clinical Agency necessary for
smooth operation of the program, (i.e., joint review of the use of clinical facilities).
I. Ensure that all Academy staff and students possess current Basic Life Support ("BLS")
Healthcare Provider certification through the American Heart Association. The Academy will
provide supporting documentation to the Affiliating Clinical Agency upon request.
J. Ensure that all Academy staff and students observe the Affiliating Clinical Agency's Code of
Conduct and any other applicable policies and procedures, including, but not limited to,
maintaining proof of all students having on file:
a. A Criminal Background Check, drug screen and a recent student physical;
b. Proof of the following vaccinations and/or immunizations:
TB skin test and follow-up as needed,
ii. Two MMR or Rubella immunity,
iii. Hepatitis B vaccination status and antibody titer,
iv. Tetanus immunization within last 10 years,
V. Varicella titer,
vi. Influenza vaccination, and
vii. Adacel vaccination;
c. Appropriate personal hygiene standards will be maintained by all students, which
includes but not limited to:
No artificial or acrylic nails allowed by students,
ii. All natural nails will be maintained at V4 inch long or less.
K. Ensure that each student and faculty has professional liability insurance to cover the acts or
omissions in the amount agreed upon with a minimum coverage of $2,000,000.00 per occurrence
and $4,000,000.00 aggregate. The Academy assumes all responsibility in the event of an accident
or injury and holds the Affiliating Clinical Agency harmless.
L. Ensure that each student understands that unauthorized access, use, discussion or disclosure of
any confidential data or patient health information will be grounds for disciplinary action, up to
and including immediate dismissal from the clinical site. In addition, students violating patient
confidentiality rights may be subject to civil and criminal liability (45 CFR §164.508 - Federal
HB'PA Privacy & Security Regulations).
V. The Affiliating Clinical Agency may request the Academy to withdraw any student whose work or
conduct may have a detrimental effect on patients or personnel; and/or reserve the right not to
accept any student who has previously been discharged by the Clinical Agency for reasons which
would make acceptance as an affiliate inexpedient.
The Academy may request the withdrawal of any student whose progress, achievement, or
adjustment does not justify continuance in the Academy.
The students will be physically able to perform the essential functions of the job and possess and
show proof of health requirements of the Academy. Also any student participating in patient care
must provide proof of current CPR Certification.
VI. Term of Agreement; Termination.
This agreement shall become effective l�, 2017, and shall continue in effect until
�kM , (i�j` , 2019. It shall be reviewed and redrawn when considered desirable by either
party. This agreement may be terminated upon mutual agreement of the parties or by either party
with or without cause upon ninety (90) days' written notice to the other party. If either party
whishes to terminate this agreement it is understood that student enrollment in the program shall be
given the opportunity to complete the full program.
IN WPI'NESS WHEREOF, Affiliating Clinical Agency and Academy have executed this Agreement,
effective as of the Effective Date first above written.
AFFILIATING CLINICAL AGENCY
City of Milton, Georgia
By:
Joe Lockwood, Mayor
Attest:
By:
Printed Name:
Title: City Clerk
ACADEMY
Faithful Guardian, LLC
O%j�ll�� � _ r
Print Name: ` ��� '
�:d �y .
'I
MILl'ON.
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 6, 2017
FROM: Steven Krokoff, City Manager 9)
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton and Bartow Paving Company, Inc. for Asphalt
Reconstruction and Resurfacing of Various City Streets.
MEETING DATE: Monday, July 10, 2017 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: (J -,YES () NO
CITY ATTORNEY REVIEW REQUIRED: (6JXES () NO
APPROVAL BY CITY ATTORNEY: W -APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0-71101141 7
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Matthew Fallstrom- Capital Projects Manager
Date: Submitted on July 6th for the July 10th Regular City Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton and Bartow Paving Company, Inc. for Asphalt
Reconstruction and Resurfacing of Various City Streets.
_____________________________________________________________________________________
Project Description: Following the city’s pavement management plan an Invitation to
Bid (ITB) was issued for reconstruction and resurfacing of the following Roads:
Reconstruction and Overlay (LMIG)
- Taylor Road starting at Batesville Road and ending at 14850 Taylor Road.
Resurfacing and Patching of Collector Streets
- Hopewell Road from the asphalt seam at 14770 Hopewell Rd to the northern radius
of the northern Thompson Road.
- Redd Road from Hopewell Road to Freemanville Road.
Patching of Collector Streets.
- Longstreet Road
- Freemanville Road.
- 15755 Hopewell Road.
Resurfacing and Patching of Residential Streets
- Quarrington Ct.
- Wytheford Ct.
- Alstonefield Dr.
- Waterhaven Ln.
- Keyingham Way
- Hermitage Trail
- Northwoods Cove
- Sablegreen Way
- Ashpoint Way
- Ashpoint Circle
- Sablewood Drive
- Lecoma Trace
- Double SpringsWay
Patching and Surface Treatments
- Saddlesprings Drive
- Saddlevalley Lane
- Saddlesprings Lane
- Sunnybrook Lane
- Liberty Grove Rd
- Valmont Drive
- Valmont Lane
- Elmdale Court
- Cannonero Drive
- Cannonero Court
Intersection Improvement
- Redd Road and Hopewell Road
Procurement Summary:
Purchasing method used: Bid Award-ITB (Over $50,000)
Account Number: Pavement Management 300-4104-522260000
Requisition Total: $ 1,990,530.13
Account Number: Sidewalk Replacement and C&G 300-4104-541401300
Requisition Total: $ 74,739.71
Account Number: Traffic Calming 300-4104-541400400
Requisition Total: $ 34.062.16
Account Number: Intersection300-4104-541401702
Requisition Total: $ 232,000.00
Vendor DBA:
Other quotes or bids submitted (vendor/$):
Vendor/Firm Quote/Bid
Bartow Paving Company 2,539,976.00
Blount Construction Co. 2,701,442.94
C.W. MATTHEWS 3,044,850.79
Financial Review: Bernadette Harvill, 7/6/2017
Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 7/5/17
Attachment(s): Construction Services Agreement.
HOME OF ' �i
M I LTON
ESTABLISHED 2006
CONSTRUCTION SERVICES AGREEMENT
Resurfacing and Reconstruction and Intersection Improvement Project (the "Project")
This Agreement (the "Agreement") to provide resurfacing, reconstruction, and intersection
improvement is made and entered into this 21st day of June , 2017, by and
between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and
through its governing authority, the Milton City Council (hereinafter referred to as the "City"),
and Bartow Paving Company Inc., a Georgia corporation with its principal place of business
located at 1055 Rowland Springs Road, Cartersville, Georgia 30120 (hereinafter referred to as the
"Contractor") (City and Contractor hereinafter jointly referred to as the "Parties").
WITNESSETH:
WHEREAS, the City desires to retain a contractor to perform services for the installation
of a Project, as defined below; and
WHEREAS, the City solicited bids for installation of the Project pursuant to the Request
for Bids dated April 27th`, 2017, attached hereto as "Exhibit A" and incorporated herein by
reference; and
WHEREAS, the Contractor submitted a complete and timely bid attached hereto as
"Exhibit 11.2" and incorporated herein by reference, and met all bid requirements such that the
City awarded Project Number 17-PW07 to the Contractor; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary
to perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, the Contractor has represented that it is qualified by training and experience
to perform the Work; and
WHEREAS, based upon Contractor's bid, the City has selected Contractor as the
successful bidder, and
WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract
Documents, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia.
NOW THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do
mutually agree as follows:
Section 1. Contract Documents
This Agreement along with the following documents, attached hereto (except as expressly
noted otherwise below) and incorporated herein by reference, constitute the "Contract
Documents":
A. Request for Bids, attached hereto as "Exhibit A";
B. Revised Quantity Bid Schedule for Resurfacing and Reconstruction Work, attached
hereto as "Exhibit B.1" and Bid Documents from Contractor, dated May 16th,
2017, attached hereto as "Exhibit B.2";
C. Scope of Work, attached hereto as "Exhibit C";
D. Any required Maintenance Bonds, Performance Bond and/or Payment Bond,
attached hereto collectively as "Exhibits D.1, D.2 and D.3";
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 GA and G.2";
H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H";
Additional Payment/Retainage Requirements, attached hereto as "Exhibit T";
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);
2
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; Engineer; Contract Administrator
A. Prosect. The scope of the Project generally consists of asphalt paving, road
reconstruction, and intersection improvements in accordance with the specific scope of
services provided in the ITB (included as Exhibit A) and generally described as the
following:
The Contractor will provide asphalt reconstruction and repaving services in the form
of unit -priced services as set forth in the Bid Schedule of Exhibit B.I I. The City will
specify the service items to be provided from the list of location -specific projects set
forth in Exhibit A. Quantities ordered may differ from the estimated quantities set forth
in the Bid Schedule.
The Contractor will also complete an intersection improvement at the intersection of
Redd Road and Hopewell Road in accordance with plans provided by the City. The
Contractor will provide and furnish all labor, materials and equipment required or
inferred from Drawings and Specifications to complete the Work.
B. Architect/Engineer (if any).
(i) Architect [;f 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) Engineer [if applicable]. The Project has been designed by
N/A (hereinafter referred to as the "Engineer"). The
Engineer will have authority to act on behalf of the City only to the extent
provided in the Contract Documents, unless otherwise modified in
accordance with the provisions of this Agreement.
C. Contract Administrator. The Contract Administrator for this Agreement shall be:
City of Milton .
Section 3. The Work
A. The Work. The work to be completed under this Agreement (the "Work")
includes all tasks specified and indicated in the Contract Documents, as well as all
material, labor, insurance, tools, equipment, machinery, water, heat, utilities,
transportation, facilities, services and any other miscellaneous items and work
reasonably inferable from the Contract Documents. The term "reasonably
inferable" takes into consideration the understanding of the Parties that some
details necessary for proper execution and completion of the Work may not be
included in the specifications or Scope of Work; but they are a requirement of the
Work if they are a usual and customary component of the Work or are otherwise
necessary for proper and complete installation and operation of the Work.
Contractor shall complete the Work in strict accordance with the Contract
Documents.
B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to
Proceed shall state the units of Work to be performed, 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 purposeoftheir Submittal is to demonstrate, for those
portions of the Work for which submittals are required by the Contract Documents,
the way by which the Contractor proposes to conform to the information given and
the design concept expressed in the Contract Documents.
(i) "Shop Drawings" are drawings, diagrams, schedules and other data
specifically prepared for the Work by the Contractor or a subcontractor,
sub -subcontractor, manufacturer, supplier or distributor to illustrate some
portion of the Work.
(ii) "Product Data" are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the
Contractor to illustrate materials or equipment for some portion of the
Work.
(iii) "Samples" are physical examples that illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged.
The Contractor shall review for compliance with the Contract Documents and shall
approve and submit to the Contract Administrator Shop Drawings, Product Data,
Samples, and similar submittals required by the Contract Documents with
reasonable promptness and in such sequence as to cause no delay in the Work or in
the activities of the City or of separate contractors. By approving and submitting
Shop Drawings, Product Data, Samples and similar submittals, the Contractor
represents that the Contractor has determined and verified materials, field
4
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 ten (10) business days of the
Commencement Date provided by the City, and the Parties intend that all Work
shall be completed on or before _December 31 st , 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 fiscal year in which
this Agreement is executed, the Parties agree that this Agreement, as required by
O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on
the part of the City at the end of the City's fiscal year (September 30) each year of
the Term, and further, that this Agreement shall automatically renew on October 1
of each subsequent fiscal 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 fiscal year. Title to any supplies, materials, equipment, or other
personal property shall remain in Contractor until fully paid for by the City.
B. Time is of the Essence; Liquidated Damages. Contractor specifically
acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City
will suffer financial loss if the Work is not completed in accordance with the
deadlines specified in Section 4(A) above and within the Contract Documents. The
City and Contractor also recognize the delays; expense, and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by the City if
the Work is not completed within the specified times. Accordingly, instead of
requiring any such proof, the City and Contractor agree that, as liquidated damages
for delay (but not as a penalty), the Contractor shall pay to the City
N/A and 00/100 Dollars ($ 00.00) for each and every
calendar day that expires after a deadline provided in the Contract Documents.
C. Expediting Completion. The Contractor is accountable for completing the Work
within the time period provided in the Contract Documents. If, in the judgment of
the City, the Work is behind schedule and the rate of placement of work is
inadequate to regain scheduled progress to ensure timely completion of the entire
Work or a separable portion thereof, the Contractor, when so informed by the City,
shall immediately take action to increase the rate of work placement by:
(1) An increase in working forces;
(2) An increase in equipment or tools
(3) An increase in hours of work or number of shifts;
(4) Expediting delivery of materials, and/or
(5) Other action proposed if acceptable to City.
Within five (5) calendar days after such notice from City that the Work is behind
schedule, the Contractor shall notify the City in writing of the specific measures
taken and/or planned to increase the rate of progress. The Contractor shall include
an estimate as to the date of scheduled progress recovery. Should the City deem
the plan of action inadequate, the Contractor shall take additional steps to make
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adjustments as necessary to its plan of action until it meets with the City's approval
and such approval is provided in writing by the City.
D. Partial Occupancy or Use. The City may occupy or use any completed or partially
completed portion of the Work at any stage when such portion is designated by
separate agreement between the City and Contractor, provided such occupancy or
use is consented to by the insurer and authorized by public authorities having
jurisdiction over the Work. Such partial occupancy or use may commence whether
or not the portion is substantially complete, provided the City and Contractor have
accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the
Work and commencement of warranties required by the Contract Documents.
Consent of the Contractor to partial occupancy or use shall not be unreasonably
withheld. Immediately prior to such partial occupancy or use, the City, Contractor
and Contract Administrator shall jointly inspect the area to be occupied, or portion
of the Work to be used, in order to determine and record the condition of the Work.
Unless otherwise agreed upon, partial occupancy or use of a portion or portions of
the Work shall not constitute acceptance of Work not complying with the
requirements of the Contract Documents.
Section 5. Contractor's Compensation; Time and Method of Payment
A. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not,
in any case, exceed $2,331,332.00 (the "Maximum Contract Price"). The
compensation for Work performed shall consist of: (1) the resurfacing and
reconstruction work ordered by the City at the unit prices set forth in the Revised
Quantity Bid Schedule of Exhibit BA (attached hereto and incorporated herein by
reference), which sum may not exceed $2,099,332.00; and (2) the fixed price of
$232,000.00 for the intersection improvement project (Hopewell Road at Redd
Road) as set forth in Exhibit B.2 (attached hereto and incorporated herein by
reference). Contractor represents that the fixed price for the intersection
improvement project is sufficient to perform all of the Work required to complete
that project as contemplated by this Agreement.
B. Additional Payment Requirements. Additional payment requirements are included
as "Exhibit I", attached hereto and incorporated herein by reference.
C. Material Deviations. Any material deviations in tests or inspections performed, or
times or locations required to complete such tests or inspections, and like deviations
from the Work described in this Agreement shall be clearly communicated to the
City before charges are incurred and shall be handled through written Change
Orders, as described in Section 6 below. Whenever the Contract Administrator
considers it necessary or advisable, it shall have authority to require inspection or
testing of the Work. However, neither this authority of the Contract Administrator
nor a decision made in good faith either to exercise or not to exercise such authority
shall give rise to a duty or responsibility of the Contract Administrator to the
Contractor, subcontractors, material and equipment suppliers, their agents or
employees, or other persons or entities performing portions of the Work.
D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible
for paying any taxes on any materials or services provided for herein. At
Contractor's request, City shall provide evidence of its tax-exempt status. To the
extent, if any, that the City furnishes tangible personal property to Contractor for
incorporation into the Project, Contractor shall be responsible for paying the
amount of tax owed for such tangible personal property.
Section 6. Change Orders
A. Change Order Defined. A "Change Order" means a written modification of the
Contract Documents, signed by representatives of the City and the Contractor with
appropriate authorization.
B. Right to Order Changes. The City reserves the right to order changes in the Work
to be performed under this Agreement by altering, adding to, or deducting from the
Work. All such changes shall be incorporated in written Change Orders and
executed by the Contractor and the City. Such Change Orders shall specify the
changes ordered and any necessary adjustment of compensation and completion
time. If the Parties cannot reach an agreement on the terms for performing the
changed work within a reasonable time to avoid delay or other unfavorable impacts
as determined by the City in its sole discretion, the City shall have the right to
determine reasonable terms, and the Contractor shall proceed with the changed
work.
C. Change Order Requirement. Any work added to the scope of this Agreement by a
Change Order shall be executed under all the applicable conditions of this
Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written Change Order duly executed on behalf of
the City and the Contractor.
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Milton City Council, any number of Change Orders so
long as their total effect does not materially alter the terms of this Agreement or
materially increase the Maximum Contract Price, as set forth in Section 5(A) above.
Any such Change Orders materially altering the terms of this Agreement, or aM
Change Order affecting the price where the Maximum Contract Price (as amended)
is in excess of $50,000, must be approved by resolution of the Milton City Council.
E. Minor Changes in the Work. The Contract Administrator will have the authority
to order minor changes in the Work not involving adjustment in the Maximum
Contract Price or extension of the Term and not inconsistent with the intent of the
Contract Documents. Such changes shall be effected by written order signed by
the Contract Administrator. The Contractor shall carry out such written orders
promptly. If the minor changes subsequently may affect adjustments in the
Maximum Contract Price or the Term; the changes shall then be converted to a
written Change Order by the requesting Party.
Section 7. Covenants of Contractor
A. Ethics Code; Conflict of Interest.
(i) Contractor agrees that it shall not engage in any activity or conduct that
would result in a violation of the City of Milton Code of Ethics or any other
similar law or regulation. Contractor certifies that to the best of his
knowledge no circumstances exist which will cause a conflict of interest in
performing the Work. Should Contractor become aware of any circumstances
that may cause a conflict of interest during the Term of this Agreement,
Contractor shall immediately notify the City. If the City determines that a
conflict of interest exists, the City may require that Contractor take action to
remedy the conflict of interest or terminate the Agreement without liability.
The City shall have the right to recover any fees paid for services rendered by
Contractor when such services were performed while a conflict of interest
existed if Contractor had knowledge of the conflict of interest and did not
notify the City within five (5) business days of becoming aware of the
existence of the conflict of interest.
(ii) Contractor and the City acknowledge that it is prohibited for any person to
offer, give, or agree to give any City employee or official, or for any City
employee or official to solicit, demand, accept, or agree to accept from another
person, a gratuity of more than nominal value or rebate or an offer of
employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program
requirement or a contract or subcontract, or to any solicitation or proposal
therefor. The Contractor and the City further acknowledge that it is prohibited
for any payment, gratuity, or offer of employment to be made by or on behalf
of a sub -consultant under a contract to the prime Contractor or higher tier sub -
consultant, or any person associated therewith, as an inducement for the award
of a subcontract or order.
B. Meetings. The Contractor is required to meet with the City's personnel, or
designated representatives, to resolve technical or contractual problems that may
occur during the Term 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
9
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 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.
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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) Conti -actor Familiarity tivith 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.
(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
detennined 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.
P. 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
12
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
13
performing services under this Agreement in accordance with sound and accepted
professional and industry principles.
J. 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 untilexamined, the
Contract Administrator may request to see such Work, and it shal I 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. The Contractor shall also restore any
temporary easement areas to substantially their original condition (less any
removed structures or vegetation for which the owner has been compensated). If
the Contractor fails to clean up and remediate temporary easement areas as
provided in the Contract Documents, the City may do so, and the cost thereof shall
be charged to the Contractor.
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M. Contractor's Representative. Clay Mooney J INSER"l 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
15
and volunteers (individually an "Indemnified Party" and collectively "Indemnified
Parties") from and against any and all claims, suits, actions, judgments, injuries,
damages, losses, costs, expenses and liability of any kind whatsoever, including,
but not limited to, attorney's fees and costs of defense ("Liabilities"), which may
arise from or be the result of alleged willful, negligent, or tortious act or omission
arising out of the Work, performance of contracted services; or operations by the
Contractor, any subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor, or anyone for whose acts the Contractor or
subcontractor may be liable, regardless of whether or not the act or omission is
caused in part by a party indemnified hereunder. This indemnity obligation does
not include Liabilities caused by or resulting from the sole negligence of an
Indemnified Party. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.
In any and all claims against an Indemnified Party, by any employee of the
Contractor, its subcontractor, anyone directly or indirectly employed by the
Contractor or subcontractor, or anyone for whose acts the Contractor or
subcontractor may be liable, the indemnification obligation set forth in this
provision shall not be limited in any way by any limitation on the amount or type
of damages, compensation, or benefits payable by or for the Contractor or any
subcontractor under workers' or workmen's compensation acts, disability benefit
acts, or other employee benefit acts. This obligation to indemnify, defend, and hold
harmless the Indemnified Party(ies) shall survive expiration or termination of this
Agreement, provided that the claims are based upon or arise out of actions or
omissions that occurred during the performance of this Agreement.
P. Insurance.
(1) Requirements: The Contractor shall have and maintain in full force and
effect for the duration of this Agreement, insurance insuring against claims
for injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by the Contractor, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by the City as to form and content. These requirements are
subject to amendment or waiver if so approved in writing by the City
Manager.
(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
am
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: N/A$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) 97orkers' Compensation and Employers' Liability: Workers'
Compensation policy with limits as required by the State of Georgia
and Employers' Liability Limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Contractor is a sole proprietor, who is
otherwise not entitled to coverage under Georgia's Workers'
Compensation Act, Contractor must secure Workers' Compensation
coverage approved by both the State Board of Workers'
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers'
Compensation Act. Further, the Contractor shall provide a
certificate of insurance indicating that such coverage has been
secured and that no individual has been excluded from coverage.)
(e) Builder's Risk Insurance: Contractor shall provide a Builder's Risk
Insurance Policy to be made payable to the City and Contractor, as
their interests may appear. The policy amount shall be equal to
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)
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Performance of Work in connection with construction operations
insured by the City, by its agents or lessees, or other contractors of
the City or using agency." The insurance coverage shall include
extended coverage, and providing coverage for transit, with sub -
limits sufficient to insure the full replacement value of the property
or equipment removed from its site and while located away from its
site until the date of final acceptance of the Work.
(f) Commercial Umbrella Liability Coverage: $_N/A
( )per occurrence shall be provided and will apply over
all liability policies, without exception, including but not limited to
Commercial General Liability, Commercial Automobile Liability,
Employers' Liability, and Professional Liability.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the City in writing so that
the City may ensure the financial solvency of the Contractor; self-insured
retentions should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and Umbrella Liability
Coverage.
(i) Additional Insured Requirement. The City and City's
elected and appointed officials, officers, boards,
commissioners, employees, representatives, consultants,
servants, agents and volunteers (individually "Insured Party"
and collectively "Insured Parties") shall be named as
additional insureds as respects: liability arising out of
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 awned, 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) Primarry 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 -
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insurance maintained by the Insured Parties shall be in
excess of the Contractor's insurance and shall not contribute
with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that the
Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to limits of insurance provided.
(v) Defense CostslCross 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 Patties for losses arising from Work
performed by the Contractor for the City.
(c) All Coverages:
(i) Notice Requirement. Each insurance policy required by this
Agreement shall be endorsed to state that coverage shall not
be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to the City. The City
reserves the right to accept alternate notice terms and
provisions, provided they meet the minimum requirements
under Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation oflndemnificationObligations. 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.
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(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.
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 fivethousand 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 as a condition of this
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Agreement. At the conclusion of the Work, Contractor shall also provide City with
a maintenance bond in the amount of one-third (1/3) of the Maximum Contract
Price, guaranteeing the repair or replacement caused by defective workmanship or
materials for a period of two (2) years from the completion of the Work. Bonds
shall be provided on the forms attached hereto as "Exhibits D.1, D.2 and D.3" 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-VerifyAffidavit. 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
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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.
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The above requirements shall be in addition to the requirements of State and federal
law and shall be construed to be in conformity with those laws.
T. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for the City under this
Agreement ("Records") shall be established and maintained by the
Contractor in accordance with applicable law and requirements
prescribed by the City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Contractor by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders, or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, the Contractor shall furnish to the
City any and all Records in the form requested by the City. All Records
stored on a computer database must be of a format compatible with the
City's computer systems and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as the City may deem necessary, Contractor shall make available to
the City or City's representative(s) for examination all Records. The
Contractor will permit the City or City's representative(s) to audit, examine,
and make excerpts or transcripts from such Records. Contractor shall
provide proper facilities for City or City's representative(s) to access and
inspect the Records, or, at the request of the City, shall make the Records
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.
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U. Confidentiality. Contractor acknowledges that it may receive confidential
information of the City and that it will protect the confidentiality of any such
confidential information and will require any of its subcontractors, contractors,
and/or staff to likewise protect such confidential information. The Contractor
agrees that confidential information it receives or such reports, information,
opinions, or conclusions that Contractor creates under this Agreement shall not be
made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of the City. Contractor shall exercise
reasonable precautions to prevent the unauthorized disclosure and use of City
information whether specifically deemed confidential or not.
Contractor acknowledges that the City's disclosure of documentation is governed
by Georgia's Open Records Act, and Contractor further acknowledges that, if
Contractor submits records containing trade secret information and if Contractor
wishes to keep such records confidential, Contractor must submit and attach to such
records an affidavit affirmatively declaring that specific information in the records
constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the
Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
V. Licenses, Certifications and Permits. The Contractor covenants and declares that
it has obtained all diplomas, certificates, licenses, permits, or the like required of
the Contractor by any and all national, state, regional,county or local boards,
agencies, commissions, committees or other regulatory bodies in order to perform
the Work contracted for under this Agreement; provided that some permits or
licenses related to the Project may be obtained as part of the Work and shall be
obtained as required. The Contractor shall secure and pay for the building permit
and other permits and governmental fees, licenses and inspections necessary for
proper execution and completion of the Work; which are customarily secured after
execution of the Agreement and which are legally required. Contractor shall
furnish copies of such permits, licenses, etc. to the City within ten (10) days after
issuance.
W. Key Personnel. All of the individuals identified in "Exhibit J", attached hereto,
are necessary for the successful completion of the Work due to their unique
expertise and depth and breadth of experience. There shall be no change in
Contractor's Project Manager or members of the Project team, as listed in "Exhibit
J", without written approval of the City. Contractor recognizes that the
composition of this team was instrumental in the City's decision to award the Work
to Contractor and that compelling reasons for substituting these individuals must
be demonstrated for the City's consent to be granted. Any substitutes shall be
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,
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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 Projector Work is commenced or completed, provided, however,
that Contractor may retain a copy of any deliverables for its records. The
Contractor assumes all risk of loss, damage or destruction of or to Materials. If any
Materials are lost, damaged, or destroyed before final delivery to the City, the
Contractor shall replace them at its own expense. Any and all copyrightable subject
matter in all Materials is hereby assigned to the City, and the Contractor agrees to
execute any additional documents that may be necessary to evidence such
assignment.
Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975,
as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act
of 1990; 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor:
agrees that, during performance of this Agreement, Contractor, for itself, its
assignees and successors in interest, will not discriminate against any employee or
applicant for employment, any subcontractor, or any supplier because of race, color,
creed, national origin, gender, age or disability. In addition, Contractor agrees to
comply with all applicable implementing regulations and shall include the
provisions of this paragraph in every subcontract for services contemplated under
this Agreement.
Section 8. Covenants of the City
A. Right of Entry. The City shall provide for right of entry for Contractor and
Contractor's equipment as required for Contractor to complete the Work; provided
that Contractor shall not unreasonably encumber the Project site(s) with materials
or equipment.
B. Cit'presentative. Matthew Fallstrom shall be authorized to act on the
City's behalf with respect to the Work as the City's designated representative on
this Project; provided that any changes to the Work or the terms of this Agreement
must be approved as provided in Section 6 above.
Section 9. Final Project Documents; Warranty
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A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a
written assignment of all warranties, guaranties, certificates, permits, and other
documents, including without limitation, all contractors' and manufacturers'
warranties. At such time, Contractor shall also deliver to the City copies of all as -
built drawings, operations, and maintenance manuals, and any other pertinent
documents relating to the construction and operation of the Work that is not
otherwise in the possession of the City.
B. Warranty. The Contractor warrants to the City and the Contract Administrator that
materials and equipment furnished under the Agreement will be of good quality
and new, lidless 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
2 year(s) (the "Warranty Period") from the date of Final Completion (as
defined in "Exhibit I", attached hereto and incorporated herein by reference) at no
additional cost to the City. Further, Contractor shall provide all maintenance
services, including parts and labor; for 2_ 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.
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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 1 I of this Agreement. The City shall
give Contractor at least seven (7) calendar days' written notice of its intent to
terminate the Agreement for cause and the reasons therefor, and if Contractor, or
its Surety, fails to cure the default within that period, the termination shall take
place without further notice. The City shall then make alternative arrangements for
completion of the Project.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in Section 4(A) of this Agreement. Further,
this Agreement shall terminate immediately and absolutely at such time as
appropriated or otherwise unobligated funds are no longer available to satisfy the
obligation of the City.
D. Payment. Provided that no damages are due to the City for Contractor's failure to
perform in accordance with this Agreement, and except as otherwise provided
herein, the City shall, upon termination for convenience or statutory termination,
pay Contractor for Work performed prior to the date of termination in accordance
with Section 5 herein. The City shall have no further liability to Contractor for such
termination. At its sole discretion, the City may pay Contractor for additional value
received as a result of Contractor's efforts, but in no case shall said payment exceed
any remaining unpaid portion of the Maximum Contract Price.
If this Agreement is terminated for cause, the City will make no further payment to
the Contractor or its Surety until the Project is completed and all costs of
completing the Project are paid. If the unpaid balance of the amount due the
Contractor, according to this Agreement, exceeds the cost of finishing the Project,
City shall provide payment to the Contractor (or its Surety) for services rendered
and expenses incurred prior to the termination date, provided that such payment
shall not exceed the unpaid balance of the amount otherwise payable under this
Agreement minus the cost of completing the Project. If the costs of completing the
Project exceed the unpaid balance, the Contractor or its Surety shall pay the
difference to the City.
E. Assumption of Contracts. The City reserves the right in termination for cause to
take assignment of all contracts between the Contractor and its subcontractors,
vendors, and suppliers. The City will promptly notify the Contractor of the
contracts the City elects to assume. Upon receipt of such notice, the Contractor
shall promptly take all steps necessary to effect such assignment.
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
27
termination will be converted to and treated as a termination for convenience under
the terms of Section I O(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 fVork. 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
Arch itect/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
28
covenants of this Agreement or any applicable city, state, or federal laws, which do
not fall within the force majeure provisions of this Agreement; (c) the Contractor
becomes insolvent or unable to pay its debts as they mature, or makes an assignment
for the benefit of creditors, or files a bankruptcy petition under the United States
Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment
of money, which judgment or order exceeds $100,000 and is no longer subject to
appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such
judgment or order shall continue un -discharged or unpaid for a period of thirty (30)
calendar days, (ii) an insurer acceptable to the City has not acknowledged that such
judgment or order is fully covered by a relevant policy of insurance, or (iii) the City
is otherwise reasonably satisfied that such judgment or order is not likely to be
satisfied or complied with within sixty (60) calendar days of its issuance.
In the event of Contractor's default under this Agreement, the City shall send written
notice to the Contractor setting forth the specific instances of the default and providing
the Contractor with at least seven (7) calendar days to cure or otherwise remedy the
default to the reasonable satisfaction of the City. If the default is not remedied during
the stated cure period, then the City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge the Contractor
for the costs of curing the default against any sums due or which become due to the
Contractor under this Agreement; and/or (c) pursue any other remedy then available,
at law or in equity, to the City for such default.
Section 12. Construction Administration
If a Contract Administrator other than the City has been hired in relation to the Project, the
Contract Administrator's administration of the construction of the Project shall be as described in
"Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions
contained in "Exhibit K."
Section 13. Miscellaneous
A. Complete Agreement. This Agreement, including all of the Contract Documents,
constitutes the complete agreement between the Parties and supersedes any and all
other agreements, either oral or in writing, between the Parties with respect to the
subject matter of this Agreement. No other agreement, statement, or promise
relating to the subject matter of this .Agreement not contained in this Agreement or
the Contract Documents shall be valid or binding. This Agreement may be
modified or amended only by a written document signed by representatives of both
Parties with appropriate authorization.
B. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Georgia without regard to choice of law principles. If
any action at law or in equity is brought to enforce or interpret the provisions of
this Agreement, the rules, regulations, statutes and laws of the State of Georgia will
control. Any action or suit related to this Agreement shall be brought in the
29
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 originals 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 ally 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 Da_v_to-Day) Activities.
All communications relating to the day-to-day activities of the Work shall be
exchanged between Matthew Fallstrom for the City and
Clay Mooney 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:
NO'T'ICE TO CITY shall be sent to:
City of Milton
Attn: City Manager
2006 Heritage Walk
ku
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Bartow Paving Company Inc.
Attn: David White
1055 Rowland Springs Road
Cartersville, Georgia 30120
G. Waiver of Agreement. No failure by the City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Contractor with this
Agreement, and no custom or practice of the City at variance with the terns and
conditions of this Agreement shall constitute a general waiver of any fiiture breach
or default or affect the City's right to demand exact and strict compliance by
Contractor with the terns and conditions of this Agreement. Further, no express
waiver shall affect any term or condition other than the one specified in such
waiver, and that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality
obligations, warranties, and insurance maintenance requirements.
I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to
be a waiver of the City's sovereign immunity or any individual's qualified good
faith or official immunities.
No Personal Liability. Nothing herein shall be construed as creating any individual
or personal liability on the part of any of City's elected or appointed officials,
officers, boards, commissions, employees, representatives, consultants, servants,
agents, attorneys or volunteers. No such individual shall be personally liable to the
Contractor or any successor in interest in the event of any default or breach by the
City or for any amount which may become due to the Contractor or successor or on
any obligation under the terms of this Agreement. Likewise, Contractor's
performance of services under this Agreement shall not subject Contractor's
individual employees, officers, or directors to any personal liability, except where
Contractor is a sole proprietor. The Parties agree that their sole and exclusive
remedy, claim, demand, or suit shall be directed and/or assertedonly 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.
E. 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;
31
(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, excludingstrikes 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 orintent 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. The Parties hereto agree that,
if an ambiguity or question of intent or interpretation arises, this Agreement is to
be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of
the Agreement. In the interest of brevity, the Contract Documents may omit
modifying words such as "all" and "any" and articles such as "the" and "an," but
the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
P. Material Condition. Each term of this Agreement is material, and Contractor's
breach of any term of this Agreement shall be considered a. material breach of the
entire Agreement and shall be grounds for termination or exercise of any other
remedies available to the City at law or in equity.
Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall
be inclusive of their singular and plural forms, unless the context of their usage
clearly requires contrary meaning.
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement
effective as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
32
CITY OF MILTON, GEORGIA
By:
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Print Name: Sudie Gordon
Its: City Clerk
Approved as to form:
City Attorney
CONTRACjflArtow Pavfg Company, Inc.
Its:CLE O
Presiden /Vice President orporation)
[CORPORATE SEAL]
Atte t/ i ss:
Print Name:
Its: �$
((Assistant) Corporate ecretary)
33
Request for Bids
HOMEOF' CITY OF MILTON
M 1130 N*_INVITATION TO BID
ESTABLISHED 2M,
(THIS IS NOT AN ORDER)
Bid Number:
Project Name:
17 -PW -7
Resurfacing and Reconstruction and Intersection Improvement Project
Due Date and Time:
City of Milton
May 16th , 2017
Number of Pages: 81
Local Time: 2:00pm
2006 Heritage Walk
Milton, Ga. 30004
ISSUING DEPARTMENT INFORMATION
Issue Date:
April 27th, 2017
City of Milton
Public Works Department Phone: 678-242-2500
2006 Heritage Walk Fax: 678-242-2499
Milton, Ga. 30004 Website: www.cityofmiltonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
Mark Face of Envelope/Package:
Bidder Phone Number:
Bid Number: 17-PW7
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, Ga. 30004
Special Instructions:
Deadline for Written Questions
May 8th ,2017 at 5:00 pm
Email questions to Honor Motes at
honor.mote, a,ci4,o miltou a.us
BIDDERS MUST COMPLETE THE FOLLOWING
Bidder Name/Address:
Authorized Bidder Signatory:
(Please print name and sign in ink)
Bidder Phone Number:
Bidder FAX Number:
Bidder Federal I.D. Number:
Bidder E-mail Address:
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
Table of Contents
Topic
Definitions
Invitation to Bid
Bidding Instructions (What must be submitted)
Insurance/Bond Requirements
Bid Form and Addenda Acknowledgement
Bid Bond
Qualifications Signature and Certification
Corporate Certificate
List of Subcontractors
Contractor Affidavit and Agreement (eVerify)
Bid Schedule
Disclosure Form
General Conditions
EPD Air Quality Rules
Project Specifications
Schedule of Events
Sample Contract Agreement
Page
3
4
5
6
10
12
15
15
16
17
18
21
22
26
27
35
36
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
DEFINITIONS
COMPW: City of Milton Public Works Department
GDOT: Georgia Department of Transportation
ENGINEER: The City of Milton Director of Public Works or a duly authorized representative.
ADA: Americans with Disabilities Act
EA: Each
GAL: Gallon
LF: Lineal Feet
LS: Lump Sum
SY: Square Yard
TN: Ton
MUTCD: Manual on Uniform Traffic Control Devices
OSHA: Occupational Safety and Health Administration
FHWA: Federal Highway Administration
AASHTO: American Association of State Highway and Transportation Officials
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
CITY OF MILTON
Invitation to Bid 16-PW5
The City of Milton is accepting sealed bids from qualified firms for the FYI Resurfacing and
Reconstruction and Intersection Improvement Project for the Public Works Department in
conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia
Annotated. All work will be done in accordance with Georgia Department of Transportation's
(GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and
specifications for the construction and completion of the work required. All bidders must comply
with all general and special requirements of the bid information and instructions enclosed herein.
Sealed bids will be received no later than 2:00 PM Local Time on May 16th, 2017. Sealed
bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage
Walk 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 City Hall
2006 Heritage Walk 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 (17-PW7) and the name of the
company or firm submitting clearly marked on the outside of the envelope. ONE (1)
ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON
CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions
must be in writing. For questions, please email Honor Motes at
honor.motes(acit1,ofmiltonga.us. Deadline for questions is May 8th, 2017 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 May 10th, 2017. 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 (17-PW7) and bid
name (Resurfacing and Reconstruction and Intersection Improvement 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 to start work within ten (10) calendar days after the "Notice
to Proceed" is issued. The time of completion for the project is ninety (90) calendar days from
the date of the "Notice to Proceed." If weather affects the required completion schedule, The
City and selected contractor will negotiate a new completion date. Section 108.08 of the State of
Georgia Department of Transportation Standard Specifications Construction of Transportation
Systems (current edition) shall be applied.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
BIDDING INSTRUCTIONS
FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE
BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED:
Item
Description
Page(s)
1
Filled out and Signed Invitation to Bid
1
2
Bid Form and Addenda Acknowledgement (2 pages)
10-11
3
Bid Bond (3 pages)
12-13-14
4
Qualification Signature and Certification
15
5
List of Subcontractors
16
6
Contractor Affidavit and Agreement (eVerify)
17
7
Bid Schedule (3 pages)
18-20
8
Disclosure Form
21
INFORMATION AND INSTRUCTIONS
The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to
be the primary supplier of the FYI Resurfacing and Reconstruction and Intersection
Improvement Project, 17-PW7.
No specification expressed or implied shall be construed as any type of restrictive specification
that would limit competition.
Unless clearly shown as "no substitute" or any words to that effect, any items in these contract
documents which have been identified, described or referenced by a brand name or trade name
are for reference only. Such identification is intended to be descriptive but not restrictive and is
to indicate the general quality and characteristics of products that may be offered. Each bid item
for which an equivalent item is proposed must be individually identified on the bid sheet with the
following information: brand name, model or manufacturers number or identification regularly
used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed
alternative. The City shall be the sole judge of the suitability of the proposed alternative and may
consider function, design, materials, construction, workmanship, finishes, operating features,
overall quality, local service facilities, warranty terms and service or other relevant features.
The City reserves the right to cancel the contract at any time with 30 days written notice.
Title to any supplies, materials, equipment or other personal property shall remain the Contractors'
until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
Any damage to any building or traffic control device, or equipment incurred during the course of
work shall be repaired at the contractor's expense to the complete satisfaction of the City of
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
Milton with no additional expense to the City.
EVALUATION
The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor.
INSURANCE REQUIREMENTS
Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor
shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies
doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to
the City.
Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor
shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies
doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to
the City. Insurance requirements are provided below and included in the CONTRACT
AGREEMENT (Section 7.K).
(1) Requirements: The Contractor shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the
Work by the Contractor, its agents, representatives, employees or subcontractors. All
policies shall be subject to approval by the City Attorney as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the City.
(2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies
with limits no less than:
(a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per
single occurrence, $2,000,000 (two million dollars) umbrella, including coverage
for bodily and personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting therefrom, vandalism, property loss and
theft.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000
(one million dollars) combined single limit per occurrence for bodily and personal
injury, sickness, disease or death, injury to or destruction of property, including loss
of use resulting therefrom.
(c) Workers' Compensation limits as required by the State of Georgia and Employers
Liability limits of $1,000,000 (one million dollars) per accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must
be declared to and approved by the City in writing.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain.. the
following provisions:
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
(a) General Liability and Automobile Liability Coverage.
(i) The City and City Parties are to be covered as insureds. The coverage shall
contain no special limitations on the scope of protection afforded to the City
or City Parties.
(ii) The Contractor's insurance coverage shall be primary noncontributing
insurance as respects to any other insurance or self-insurance available to
the City or City Parties. Any insurance or self-insurance maintained by the
City or City Parties shall be in excess of the Contractor's insurance and shall
not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City or City Parties.
(iv) Coverage shall state that the Contractor's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability
exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City and
City Parties for losses arising from Work performed by the Contractor for
the City for General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers' Compensation
Coverage will agree to waive all rights of subrogation against the City and City
Parties for losses arising from Work performed by the Contractor for the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or
in limits except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business
in the State of Georgia and with an A.M. Bests' rating of no less than A:VI.
(6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance
and endorsements to the policies evidencing coverage required by this clause prior to the
start of Work. The certificate of insurance and endorsements shall be on a form utilized by
Contractor's insurer in its normal course of business and shall be received and approved
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
by the City within ten (10) days of the Notice of Award. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time. The
Contractor shall provide proof that any expiring coverage has been renewed or replaced at
least two (2) weeks prior to the expiration of the coverage.
(7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverage
for subcontractors shall be subject to all of the requirements stated in this Agreement,
including but not limited to naming the Parties as additional insureds.
(8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at
least six (6) years after termination or final payment under the Agreement, whichever is
later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an additional
insured and loss payee on all policies required by this Agreement, except the City need not be
named as an additional insured and loss payee on any Workers' Compensation policy.
BONDING REQUIREMENTS
Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms
are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City
of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project
strictly within the terms and conditions stated in this bid and in the bidding and contract
documents, should the construction contract be awarded.
The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE
BONDS for the faithful performance on the contract and a bond to secure payment of all claims
for materials furnished and/or labor performed in performance of the project, both in amounts
equal to one hundred percent (100%) of the contract price.
The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the
amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by
defective workmanship or materials for a period of two (2) years from the completion of
construction.
Bonds shall be issued by a corporate surety appearing on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to do business in the State of Georgia.
Bonds shall be on the forms provided by the City and subject to the review and approval of the
City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall
execute Bond.
OATH
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
Prior to commencing the Work, the successful bidder shall execute a written oath as required by
O.C.G.A. §§ 32-4-122 and 36-91-21(e).
COST OF PREPARING A PROPOSAL
The costs for developing and delivering responses to this ITB and any subsequent presentations
of the proposal as requested by the City are entirely the responsibility of the bidder. The City is
not liable for any expense incurred by the bidder in the preparation and presentation of their
proposal. All materials submitted in response to this ITB become the property of the City of
Milton.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1
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 17-PW7
Resurfacing and Reconstruction and Intersection Improvement Project
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has made a personal examination of the Site of the proposed Work,
has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes
and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance
with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia Department
of Transportation Standard Specifications, Construction of Transportation Systems (current
edition). All materials used in the process of completion of the work included in the Contract will
be furnished from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which are
incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather
affects the required completion schedule, The City and selected Bidder will negotiate a new
completion date.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
Attached hereto is an executed Bid Bond in the amount of Dollars ($
(Five Percent of Amount Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a
satisfactory contract in the form of said proposed Contract, and give satisfactory Performance
and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten
days from the date of Notice of Award of the Contract, then the City of Milton may, at its
option, determine that the undersigned abandoned the Contract and there upon this bid shall be
null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of
Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No. Date viewed
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this day of , 20
Bidder
Bidder Mailing Address:
Signature:
Print Name:
Title:
Company Name
(Seal)
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
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
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
DATE (Not later that Bid due date):
PENAL SUM:
(Words)
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to
the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on
its behalf by its authorized officer, agent or representative.
BIDDER
(Seal)
Bidder's Name and Corporate Seal
BY:
Signature and Title:
Attest:
Signature and Title:
SURETY
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title:
(Attach Power of Attorney)
Attest:
Signature and Title:
Note: (1) Above addresses are to be used for giving any notice required by the terms of this
Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party shall be
considered plural where applicable.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
I . Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required
by the Bidding Documents (or any extension of that time agreed to in writing by the City) the
executed Agreement required by the Bidding Documents and any performance and payment
Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension of that time agreed to in writing by the
City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified in
the Bidding Documents (or any extension of that time agreed to in writing by
Bidder and, if applicable, consented to by Surety when required by paragraph 5
hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the City,
which Notice will be given with reasonable promptness and will identify this Bond and the
Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time
extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that
the total time, including extensions, for issuing a Notice of Award shall not in the aggregate
exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
17-1"W7 Resurfacing and Reconstruction and Intersection Improvement Project I =
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.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. I understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia
Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-
20 et seq. have not been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name Here
Date
CORPORATE CERTIFICATE
1, , 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
This
(Signature)
day of , 20
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
do , do not , propose to subcontract some of the work on this project
propose to Subcontract work to the following subcontractors:
Company Name:
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1
EXHIBIT "F"
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating
affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on
behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program
commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions
and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the
federal work authorization program throughout the contract period and the undersigned contractor will contract for
the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit
to the contractor with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of authorization are
as follows:
eVerify Number
Date of Authorization
Name of Contractor
Hoaewell Road/Birmineham Road Intersection
Improvements
Name of Project
City of Milton
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , _, 201_ in (city),
(state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE DAY OF
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE
ITEM
ITEM
UNIT
TOTAL
NURMBE
QUANTIT
DESCRIPTION
UNITS
PRICE
AMOUNT
150-
1000
Traffic Control
LS
1
Soil -cement stabilized base,
301-
subbase, and shoulder course
SY
13,000
2160
13"
301-
Portland Cement
TN
500
5000
310-
Gr Aggr Base Crs, Incl Matl 4 in.
TN
400
1101
Asphalt Concrete Patching
402-
including Bituminous Material &
TN
4,400
1802
H Lime 3 in. 19mm
Asphalt Concrete Patching
402-
including Bituminous Material &
TN
6,500
1802
H Lime 2 in. 19mm
Recycled Asphalt Concrete 9.5
402-
MM Superpave GP 2 Only
3103
Including Bituminous Material
TN
7,500
and H -Lime 1.5 in.
407-
Asphalt Rubber crack seal TP M
LS
1
0010
413-
Fog Seal
SY
23,000
5000
Double Surface treatment, stn
424-
size 7+ 89 GP2 only with sand
SY
23,000
6201
seal W10
432-
Mill Asphalt Cone Pvmt,
5010
Variable Depth
SY
66,000
441-
5' Concrete Sidewalk Class A
SY
400
0104
441-
Curb & Gutter Type 2
LF
1,000
6012
441 -
Concrete 9031 Ramps
EA
13
Ramp
653-
Thermoplastic Pavement
0120
Marking Arrow, Type 2
EA
10
653-
Thermoplastic Solid Traffic
1704
Stripe, 24" White
LF
300
653-
Thermoplastic Solid Stripe, 5"
2501
White
LM
12
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
653-
Thermoplastic Solid Stripe, 5"
2502
Yellow
LM
12
653-
Skip Traf Stripe, 5" White
LF
1,500
4501
700-
9300
Sod
SY
250
1
Concrete raised crosswalk per
detail TC -3
EA
1
2
Concrete raised crosswalk 6'
top TC -3
EA
1
Asphalt raised crosswalk per
3
EA
1
detail TC -3
4
Asphalt raised crosswalk 6' top
TC -3
EA
1
Asphalt speed hump per detail
5
EA
1
TC -2
Mini asphalt speed hump half
size length, same height and
6
EA
1
width (6' long instead of 12') TC -
2
7
Staining and stamping concrete
SF
1
8
Pavers for raised crosswalk
SF
1
9
Steel plate over gutter
EA
1
Total Base Bid Price $
Print Total Bid Price
Fill out "Unit Price" column, "Total Amount" column and "Total Bid Price"
Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price."
Bid alternate listed below may be added to the base bid at the sole discretion of the City of
Milton.
Bid Alternate #1 (Hopewell Road at Redd Road Intersection
Improvements Project PW -1602)
Total Bid Alt Price (Lump Sum) $
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
Print Total Bid Alt 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.
COMPANY,
ADDRESS
AUTHORIZED SIGNATURE
PRINT / TYPE NAME
TITLE
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations with City of
Milton officials/employees.
Please complete this form and return as part of your bid package when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution was
made (Please use a separate form for each official to whom a contribution has been made in the
past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over the past
two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 9 months)
by the City of Milton and your relation:
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
GENERAL CONDITIONS
Unless otherwise directed, all work performed under this contract shall be in accordance with the
Georgia Department of Transportation Standard Specifications, Construction of Transportation
Systems (current edition), and Special Provisions modifying them, except as noted below.
SECTION 101 DEFINITION AND TERMS
Section 101.14 Delete as written and substitute the
COMMISSIONER following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON
Section 101.22 Delete as written and substitute the
DEPARTMENT following:
PUBLIC WORKS DEPARTMENT CITY
OF MILTON
Section 101.24 Delete as written and substitute the
ENGINEER following:
DIRECTOR OF PUBLIC WORKS, CITY
OF MILTON, ACTING DIRECTLY OR
THROUGH A DULY AUTHORIZED
REPRESENTATIVE OF THE DIRECTOR
Section 101.84 Add: DIRECTOR OF PUBLIC WORKS
CITY OF MILTON
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
Section 102.05 EXAMINATION OF PLANS, Add the following paragraph:
SPECIFICATIONS, SPECIAL PROVISIONS,
AND SITE OF THE WORK "The City will not be responsible for
Bidders' errors or misjudgment, nor for any
information on local conditions or general
laws and regulations."
Section 102.07 REJECTION OF
PROPOSALS
Add the following subparagraphs
"I. The City reserves the right to reject any
and all bids, to waive technicalities, and to
make an award as deemed in its best interest.
It is understood that all bids are made subject
to this Agreement, that the City reserves the
right to award the bid to the lowest,
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
Section 102.08 PROPOSAL
GUARANTY
Add Section 102.15
ADDENDA AND INTERPRETATION
Section 102.09
DELIVERY OF PROPOSALS:
responsible Bidder, and in arriving at this
decision, full consideration will be given to
the reputation of the Bidder, his financial
responsibility, and work of this type
successfully completed.
"J. The City also reserves the right to reject
any and all bids from any person, firm, or
corporation who is in arrears in any debt or
obligation to The City of Milton, Georgia."
Substitute the following for the first
sentence
"No bid will be considered unless it is
accompanied by an acceptable bid bond an
amount not less than five percent (5%) of the
amount bid and made payable to City of
Milton, Georgia. Such Bid Bond shall be on
the forms provided by the City."
Delete in its entirety and substitute the
following:
Bids shall be submitted on the Bid Form
provided by the City.
The bid package as described in Notice to
Contractors, Page 1 must be submitted with
the bid. Failure to do so could result in the
omission of pertinent documents and the
rejection of the apparent low bid."
Add the following as 102.15:
"No interpretation of the meaning of the
Contract Documents will be made orally to
any Bidder. Any request for such
interpretation should be in writing addressed
to the Purchasing Department, The City of
Milton 13000 Deerfield Pkwy., Suite 107F
Milton, Ga. 30004. TEL. 678/242-2500,
FAX 678/242-2499.Each such interpretation
shall be given in writing, separately
numbered and dated, and furnished to each
interested Bidder. Any request not received
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
SECTION 103
Section 103.02 AWARD OF CONTRACT
Section 103.05 REQUIREMENTS OF
CONTRACT BONDS
Section 103.07 FAILURE TO
EXECUTE CONTRACT
in time to accomplish such interpretation and
distribution will not be accepted.
AWARD OF AWARD AND
EXECUTION OF CONTRACT
Delete in its entirety and substitute
the following:
"The contract, if awarded, shall be awarded
to the lowest responsible bidder. The City of
Milton reserves the right to exercise
exclusive discretion as to the responsibility of
any bidder.
The contract shall be executed on the forms
attached, will be subject to all requirements
of the Contract Document, and shall form a
binding Contract between the contracting
parties."
Delete in its entirety and substitute the
following:
"At the time of the execution of the contract,
and as a part thereof, the successful bidder
shall furnish Contract Bond Below:
Performance Bond in the full amount of the
contract. Payment Bond in the full amount
of the contract. Maintenance bond in the
amount of one-third (1/3) of the contract. "
Delete in its entirety and substitute the
following:
"Failure to execute the Contract
Performance, Payment or Maintenance
Bonds, or furnish satisfactory proof of
carriage of the insurance required within ten
days after the date of Notice of Award of the
Contract, may be just cause for the annulment
of the award and for the forfeiture of the
proposal guaranty to the City of Milton, not
as a penalty, but as liquidation of damages
sustained. At the discretion of the City, the
award may then be made to the next lowest
bidder, may be re -advertised, or may be
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
constructed by City forces. The Contract and
Contract bonds shall be executed in
quadruplicate."
SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107.18 ACQUISITION OF
RIGHT OF WAY
Section 107.21 CONTRACTORS
RESPONSIBILITY FOR UTILITY
PROPERTY AND SERVICE
SECTION 109
Section 109.07 PARTIAL PAYMENTS
Section 109.08 FINAL PAYMENT
Add the following paragraph:
"The Contractor shall inspect all easements
and rights-of-way to ensure that the City has
obtained all land and rights-of-way necessary
for completion of the Work to be performed
pursuant to the Contract Documents. The
Contractor shall comply with all stipulations
contained in easements acquired by the
Department."
Add the following sentence to
Paragraph A:
"The Contractor is responsible for the
location of above and below ground Utilities
and structures which may be affected by the
Work."
MEASUREMENT AND PAYMENT
Delete the first sentence of the
Second Paragraph under `A. General"
As long as the gross value of completed work
is less than 50% of the total Contract amount,
or if the Contractor is not maintaining his
construction schedule to the satisfaction of
the Engineer, the Department shall retain
10% of the gross value of the work that has
been completed as indicated by the current
estimate certified by the Engineer for
payment.
Delete in its entirety and substitute
the following.
"Final Payment: Upon completion by the
Contractor of the work, including the receipt
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
of any final written submission of the
Contractor and the approval thereof by the
Department, the CITY will pay the
Contractor a sum equal to 100 percent
(100%) of the compensation set forth herein,
less the total of all previous partial payments,
paid or in the process of payment.
The Contractor agrees that acceptance of this
final payment shall be in full and final
settlement of all claims arising against the
CITY for work done, materials furnished,
costs incurred, or otherwise arising out of this
Agreement and shall release the CITY from
any and all further claims of whatever nature,
whether known or unknown for and on
account of said Agreement, and for any and
all work done, and labor and materials
furnished, in connection with same."
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
***NOTICE TO CONTRACTORS***
EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER
391-3-1-02-05
For additional/information, please contact:
Georgia Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, GA 30354
404/363-7000; 404/362-2534 — FAX
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
PROJECT SPECIFICATIONS
PROJECT DESCRIPTION
The City of Milton Public Works Department (City) requests for interested parties to submit
formal sealed bids/proposals for the FYI Resurfacing Project.
The project segments locations are depicted on the attached location map and further described
as follows:
■ Reconstruction and Overlay (LMIG)
- Taylor Road starting at Batesville Road and ending at 14850 Taylor Road.
o Contractor to provide the cement stabilization mix design.
o Asphalt levels will be 1.5" of 9.5mm and 2" of 19mm.
o Cement Stabilized base will be 26' wide and 13" in depth.
o Stripe as directed.
■ Resurfacing and Patchine of Collector Streets
- Hopewell Road from the asphalt seam at 14770 Hopewell Rd to the northern radius
of the northern Thompson Road.
o Mill 3.5" and place 2" of 19mm and 1.5" of 9.5mm. Stripe as directed.
- Redd Road from Hopewell Road to Freemanville Road.
o Mill 3.5" and place 2" of 19mm and 1.5" of 9.5mm. Stripe as directed.
- Bethany Way from Hopewell Road to Bethany road.
o Mill 3.5" and place 2" of 19mm and 1.5" of 9.5mm. Stripe as directed.
- Longstreet Road
o Mill 3.5" and place 2" of 19mm and 1.5" of 9.5mm. Stripe as directed.
- Freemanville Road from the asphalt seam at Birmingham to 15655, and in front of
these locations 15195, 15133, and 14880.
o Mill 3.5" and place 2" of 19mm and 1.5" of 9.5mm. Stripe as directed.
- 15755 Hopewell Road.
- o 3" patch as directed and 1.5" of 9.5mm. Stripe as directed.
■ Resurfacing and Patching of Residential Streets
Quarrington Ct.
o Edge mill, 3"patch as directed and overlay 1.5" with 9.5mm. Stripe as
directed.
Wytheford Ct.
o Edge mill, 3"patch as directed, overlay 1.5" with 9.5mrn and stripe as
directed.
Springfield Creek Way starting at Springfield Creek Rd. and ending in the cul de sac
o Edge mill, patch as directed and overlay 1.5" with 9.5mm and stripe as
directed.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
- Alstonefield Dr.
o Edge mill, patch as directed and overlay 1.5" with 9.5mm and stripe as
directed.
- Waterhaven Ln.
o Edge mill, patch as directed, and overlay with 1.5" of 9.5mm and stripe as
directed.
o Curb and gutter repair, ADA ramp upgrade as directed.
- Keyingham Way
o Edge mill, patch as directed, and overlay with 1.5" of 9.5mm.
o Sidewalk, curb and gutter repair, ADA ramp upgrade as directed.
- Hermitage Trail
o Edge Mill, Patch as directed, and overlay with 1.5" of 9.5mm.
o Stripe as directed.
- Northwoods Cove
o Edge Mill, Patch as directed, and overlay with 1.5" of 9.5mm.
o Stripe as directed.
- Sablegreen Way
o Edge Mill, Patch as directed, and overlay with 1.5" of 9.5mm.
o Stripe as directed.
- Ashpoint Way
o Edge Mill, Patch as directed, and overlay with 1.5" of 9.5mm.
o Stripe as directed.
- Ashpoint Circle
o Edge Mill, patch as directed, and overlay with 1.5" of 9.5mm
o Stripe as directed.
- Sablewood Drive
o Edge Mill, Patch as directed, and overlay with 1.5" of 9.5mm.
o Stripe as directed.
- Lecoma Trace
o Edge Mill, Patch as directed, and overlay with 1.5" of 9.5mm.
o Stripe as directed.
■ Patching and Surface Treatments
- Saddlesprings Drive
o Triple Chip Seal followed by a High Performance Fog Seal.
o Patch with 19mm as directed.
o Stripe as directed.
Saddlevalley Lane
o Triple Chip Seal followed by a high performance fog seal.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
o Patch as directed.
o Stripe as directed.
- Saddlesprings Lane
o Triple Chip Seal followed by a high performance fog seal.
o Stripe as directed.
- Sunnybrook Lane
o Triple Chip Seal followed by a high performance fog seal.
o Stripe as directed.
- Liberty Grove Rd
o Triple Chip Seal followed by a high performance fog seal.
o Patch as directed.
o Stripe as directed.
- Valmont Drive
o High Density Mineral Bond Surface treatment.
o Crack Seal.
o Patch as directed.
o Stripe as directed.
- Valmont Lane
o High Density Mineral Bond Surface Treatment.
o Crack Seal.
o Patch as directed.
o Stripe as directed.
- Elmdale Court
o High Density Mineral Bond Surface Treatment.
o Crack Seal.
o Patch as directed.
o Stripe as directed.
- Cannonero Drive
o High Density Mineral Bond Surface Treatment.
o Crack Seal.
o Patch as directed.
o Stripe as directed.
- Cannonero Court
o High Density Mineral Bond Surface Treatment.
o Crack Seal
o Patch as directed.
o Stripe as directed.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
TRAFFIC CALMING MEASURES
Unit prices are to be provided for the installation of traffic calming measures in accordance with
details found in Specifications. Pricing is requested on reduced size variations of these measures
as well as various materials. Road widths for these measures are estimated to be 26' back of curb
to back of curb. All signage and striping associated with these measures will be provided by the
City of Milton. Price is to include mobilization, traffic control, and construction of the traffic
calming measures.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
" Al Ir
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17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
BID ALTERNATE #1 SCOPE OF WORK
The scope of this bid alternate generally consists of the addition of separate left and right turn
lanes with other associated roadway, drainage, and shoulder work. The contractor shall comply
with the plan sheets and all GDOT construction standards and details. The quantities on the plans
are provided for informational purposes only. Contract is to provide a lump sum bid to complete
the project. The project location is at the intersection of Redd Road and Hopewell Road as
shown on the map below.
Reetl Rd -. " coaeo
Project
7 F P�cyrd � � <
Location _ �, �sl St
Summlt Rd s?
31
Sbn°
T ly Y
J
K S
D..Rd m V aQ O
`crhR tnf� arms ct °.
a e° „uey or
N'ar i
Reth,nY Bend
°rh'r y n Meade P1
rrhP,r4 Ln - B
Z
Old NoWey cte�
L,ke Z L+ na
Pro rid mice
rA° 91ctoneheld Or
H�
9 serenaee cl
� 1 �w fi°nala Ln
ePcw o Or
le" 'k `�,\1de<'
' Mari✓M'y, )
t 3
m
u eP IN,
� Ra
SidGa u h '`Or °De Olr
n4 i S
°ereeD,o' . x WennlnptgJ
ewca .4
a _ t,Illen P, Zraytrick Ch° -- °er
Twln,nee PI 4
i Prnvia Cp 9 Webb Rd
°rite Place 0 i W NoPeweq rbttOc
t Qb.Dake
ad a
V� eCe 4em flidga Ct M a rrnnella Ln O
oS, e y �R` a RIdQe Rtl :jj rC A c
... n r a v I "" • iy III �d
This project shall follow Georgia Department of Transportation Specifications. The most current
GDOT Specifications and shelf Special Provisions apply to all work performed under this
contract.
In case of discrepancy between the unit price and the total price on the completed Bid Schedule.
the unit price will prevail and the total price will be corrected.
To bid on this contract, the Contractor must be listed on the current Georgia Department of
Transportation Pre -Qualified Contractors list. No exceptions.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
1. The contractor shall comply with the plans and specifications for the "Hopewell Road at
Redd Road Intersection Improvement" as prepared by BWSC (Design Engineer), dated
8/19/16 and additional parcel exhibits.
Full size final plans may be downloaded at:
http •//miltonintersectionprojects. comlwp-content/uploads/2017/04/Full-Size-Final-Plans-
17-PW07. pdf
Half size final plans may be downloaded at:
http: //miltonintersectionprojects. comlwp-content/uploads/2017/04/Half-Size-Final-
Plans-l7-PW07.pdf
Exhibits related to easements and property owner agreements can be downloaded at:
Parcel #1:
http: //miltonintersectionprojects. comlwp-content/uploads/2017/04/Exhibit-Parcell.pdf
Parcel #2
http: //miltonintersectionprojects. comlwp-content/uploads/2017/04/Exhibit-Parcel-2.pdf
In addition to other standard specifications referenced herein, the bid package includes:
a. Construction Drawings;
b. Special Provision 163 — Miscellaneous Erosion Control Items;
c. Special Provision 165 - Maintenance of Temporary Erosion and Sedimentation
Control Devices;
d. Special Provision 171 — Silt Fence;
e. Special Provision 700 — Grassing.
2. Where contract documents reference "The Department" or "GA Department of
Transportation" or "The Engineer", it shall also mean "City of Milton."
3. All traffic control measures and detour signage are the responsibility of the contractor.
Contractor shall coordinate all work with the City of Milton.
4. Replace, in kind, any vegetation or landscaping damaged during construction. Include
cost in the price bid.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
August 25, 2003
Georgia Department of Transportation
Special Provision
Section 301—Soil Cement
Retain Section 301 and add the, following:
Section 301—Cement Stabilized Reclaimed Base Construction
301.1 General Description
This work includes constructing a cement stabilized base course by pulverizing the existing pavement structure and
mixing with Portland cement to the depth specified on the plans. Construct according to these Specifications and to
the lines, grades, thickness, and typical cross-sections shown on the Plans or established by the Engineer.
301.1.01 Related References
A. Standard Specifications
Section 412—Bituminous Prime
Section 800 --Coarse Aggregate
Section 814 —Soil Base Ataterials
Section 821—Cutback Asphalt
Section 830—Portland Cement
Section 880 --Water
B. Referenced Documents
General Provisions 101 through 150
GDT Test Methods
GDT 19
GDT 21
GDT 65
GDT 86
GDT 20
GDT 59
GDT 67
301.1.01 Submittals
Before constructing a test section according to Subsection 301.3.04.E.1, submit a Construction Work Plan to the
Engineer. Include proposed equipment and proposed compaction procedures. If the Engineer determines that the
Work Plan is not satisfactory, revise the compaction procedure and augment or replace equipment, as necessary, to
complete the Work.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
301.2 Materials
Ensure that materials meet the requirements of the following Specifications:
Material
Section
Blotter material (sand)
412.3.05. G.3
Coarse Aggregate
800
Soil Base Material
814.2.02
Cutback asphalt, RC -30, RC -70, RC -250 or MC -30, MC -70, MC -250
821.2.01
Portland Cement (Type I or Type II)
830.2.01
Water
880.2.01
301.3 Construction Requirements
301.3.01 Personnel
Ensure that only experienced and capable personnel operate equipment.
301.3.02 Equipment
Use equipment that has been approved by the Engineer before construction begins. Provide equipment in
satisfactory condition capable of continuously mixing materials (pavement structure, soil, water, and cement) to a
consistent depth. Use equipment capable of providing a homogenous blend.
301.3.03 Preparation
Loosen and pulverize the in-place pavement structure to the width and depth to be stabilized without damaging the
underlying materials. Add water to assist pulverization if necessary.
301.3.04 Construction
1. Weather Limitations
1. Mix cement -stabilized base only when the weather permits the course to be finished without interruption
within the time specified.
2. Mix materials only when the moisture of the materials to be used in the mixture meets the specified limits.
3. Begin mixing only when the air temperature is above 40°F (4°C) in the shade and rising.
4. If the work is interrupted for more than two hours after cement has been added, or if rain increases the
cement's moisture content outside the specified limits, the affected area of completed cement -stabilized
base course will be tested for unconfined compressive strength, in accordance with Section E - Strength.
2. Moisture Adjustment
Adjust the moisture content of the roadway materials to within 100 to 120 percent of the optimum moisture
immediately before spreading the cement. The optimum moisture content is determined by the Job Mix Design
and can be adjusted by the Engineer.
3. Cement Application
1. Uniformly spread the required amount of Portland cement with a cyclone -type mechanical spreader or its
equivalent. Do not use pneumatic tubes to transfer the cement from the tanker directly onto the material to
be stabilized.
2. Apply cement at the rate specified on the Job Mix Design (as established by GDT -65) and mix to the depth
shown on the Plans. The Engineer may alter the spread rate during the progress of construction if
necessary. Maintain the application rate within + 10 percent of that specified by the Engineer.
3. Provide both equipment and personnel to measure the application rate of cement placed.
4. Apply cement on days when wind will not interfere with spreading.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
5. If the cement content is below the 10 percent limit in the mixing area, add additional cement to bring the
affected area within the tolerance specified and recalibrate the mechanical spreader's spread rate. If the
cement content is more than the 10 percent limit in the mixing area, the excess quantity will be deducted
from the Contractor's pay for cement.
6. Regulate operations to limit the application of cement to sections small enough so that all of the mixing,
compacting, and finishing operations can be completed within the required time limits.
7. Pass only spreading and mixing equipment over the spread cement and operate this equipment so that it
does not displace cement.
8. Replace damaged cement at no cost to the Department when damage is caused by:
■ Hydration due to rain, before or during mixing operations.
■ Spreading procedures contrary to the requirements stated above.
■ Displacement by the Contractor's equipment or other traffic.
9. Do not spread cement on any areas that "pump" under construction traffic.
D. Mixing
1. Begin mixing as soon as possible after the cement is spread, and continue until a homogeneous and uniform
mixture is produced. Make any necessary changes to meet the Engineer's requirements if the equipment
does not produce a homogeneous and uniform mixture conforming to these Specifications.
2. Continue pulverizing until the base mixture is uniform in color and conforms to the following gradation
requirements
1. 95 percent passing the 2 inch (50mm) sieve
2. 55 percent of the roadway material, excluding gravel, passes the No. 4 (4.75mm) sieve.
3. Add water as needed to maintain or bring the moisture content to within the moisture requirements
immediately after the preliminary mixing of the cement and roadway material.
4. Mix the additional water homogeneously into the full depth of the mixture.
E. Compaction and Finishing
1. Test Section
Use the first section of each constructed cement -stabilized base course as a test section.
2. Construct a test section between 350 feet (100m) and 500 feet (150m) long at the designated width.
c. The Engineer will evaluate compaction, moisture, homogeneity of mixture, thickness of stabilization,
and finished base surface. If the Engineer deems necessary, revise the compaction procedure or
augment or replace equipment.
2. Time Limits
a. Begin compaction within 45 minutes from the time water is added to the cement mixture_
b. Complete compaction within 2 hours.
c. Complete all operations within 4 hours, from adding cement to finishing the surface.
d. Do not perform vibratory compaction on materials more than 90 minutes old, measured from the time
cement was added to the mixture.
3. Moisture Control
During compaction, ensure that the moisture is uniformly distributed throughout the mixture at a level of
between 100 and 120 percent of the optimum moisture content.
4. Compaction Requirements
a. Use a steel wheel roller for initial compactive effort unless an alternate method is approved by the
Engineer.
b. Compact the cement -stabilized base course to at least 98 percent of the maximum dry density
established on the Job Mix Design.
c. Uniformly compact the mixture and then shape to the grade, line, and cross- section shown on the
Plans.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
d. Remove all loosened material accumulated during the shaping process. Do not use additional layers of
cement -treated materials in order to conform to cross-sectional or grade requirements.
e. Use a pneumatic -tired roller to roll the finished surface until it is smooth, closely knit, and free from
cracks or deformations, and conforming to the proper line, grade, and cross-section.
f. In places inaccessible to the roller, obtain the required compaction with mechanical tampers approved
by the Engineer. Apply the same compaction requirements as stated above in Subsection 301.3.04.E.4.
g. Perform grading operations immediately after the placement and compaction operations. Roll the
stabilized base course again with a pneumatic -tired roller.
F. Construction Joints
1. Form a straight transverse joint at the end of each day's construction or whenever the Work is interrupted.
2. Create the straight transverse joint by cutting back into the completed Work to form a true vertical face free
of loose or shattered material.
3. Form the joint at least 2 feet (600mm) from the point where the spreader strike -off plate comes to rest at the
end of the day's work, or at the point of interruption.
4. Form a longitudinal joint as described above if cement -stabilized mixture is placed over a large area where
it is impractical to complete the full width during one day's work. Use the procedure for forming a straight
transverse joint. Remove all waste material from the compacted base.
G. Priming the Base
1. The surface of the completed base course must be moist cured until the bituminous prime is applied.
2. Apply prime only to an entirely moist surface. If weather delays prime application, apply prime as soon as
the surface moisture is adequate
3. Apply bituminous prime according to Section 412 as soon as possible and in no case later than 24 hours
after completion of the finishing operations.
4. Maintain and protect the curing seal for seven days.
5. Protect finished portions of the cement -stabilized base course that are used by equipment in the
construction of an adjoining section to prevent marring or damaging of the completed Work. Protect the
stabilized area from freezing during the curing period.
H. Opening to Traffic
1. Do not permit any traffic or equipment on the finished surface of the base course until the prime has
hardened enough so that it does not pick up under traffic. For the first seven days after priming, restrict
traffic to lightweight vehicles such as passenger cars and pickup trucks. Do not allow vehicles with an
average axle load exceeding 20,000 pounds (9Mg) on the unfinished base at any time.
2. Correct any failures caused by traffic at no additional cost to the Department.
I. Protection of Course
Maintain the base course until the Engineer determines that it has sufficiently cured and is ready to be covered
with the pavement course. Make repairs specified in Subsection 300.3.06.13, whenever defects appear. This
preservation action does not relieve the Contractor of his responsibility to maintain the Work until final
acceptance as specified in Section 105.
301.3.06 Quality Acceptance
A. Compaction Tests
1. Determine the maximum dry density from representative samples of compacted material, according to
GDT 19 or GDT 67.
2. Determine the in-place density of finished courses according to GDT 20, GDT 21 or GDT 59 , as soon as
possible after compaction, but before the cement sets.
B. Gradation Test
Ensure that the gradation of the completely mixed cement -stabilized base course meets the requirements of
Subsection 301.3.04.13.2.
C. Finished Surface
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
Check the finished surface of the cement -stabilized base course transversely.
2. Check the surface using a 15 ft (4.5 m) straightedge parallel to the centerline.
Additionally, use one of the following tools:
a. A template, cut true to the required cross-section and set with a spirit level on non-superelevated
sections
1.) A system of ordinates, measured from a stringline
• A surveyor's level
3. Ensure that ordinates measured from the bottom of the template, stringline, or straightedge, to the surface
do not exceed 1/2 in (12 mm) at any point.
4. Correct any variations from these requirements immediately according to Subsection 300.3.06.B,
"Repairing Defects. "
C. Thickness Tolerances
1. Thickness Measurements
Determine the thickness of the cement -stabilized base course, by making as many checks as necessary to
determine the average thickness, but not less than one check per 1000 feet (300m) per 2 lanes.
2. Excess Thickness
a. Determine the average thickness per linear mile (kilometer) from all measurements within each mile
(kilometer) increment.
• Ensure that the average thickness does not exceed the specified thickness by more than 1/2 in (13 mm).
c. If the basis of payment is per cubic yard (meter), and the average thickness for any mile (kilometer)
increment exceeds the allowable %2 in (13 mm) tolerance, the excess quantity in that increment will be
deducted from the Contractor's payments.
d. The excess quantity is calculated by multiplying the average thickness that exceeds the allowable '/2 in
(13 mm) tolerance by the surface area of the base, as applicable.
E. Strength
1. Ensure that the strength of the completed cement -stabilized base course is at least 300psi (20700a), as
determined from testing the unconfined compressive strength of cores from the completed course in
accordance with GDT 86.
2. If a strength test falls below 300psi (20700a), do the following:
a. Isolate the affected areas by securing additional cores every 75 feet (23m) on each side of the failing
area.
b. Average all compressive strengths in the affected area to determine the basis for corrective work
according to the following table or the Engineer's directions.
Compressive Strength Corrective Work
300 psi (2070 kPa) or greater None
200 psi (1380 kPa) to 299 psi (2069 kPa) 6" & 8" (150mm & 200m m) base — add 135lbs/yd2 (75kg/m2) asphaltic concrete
Less than 200 psi (1380kPa) Reconstruct affected area
Notes:
1) Ensure that a corrected area requiring asphaltic concrete is at least 150ft (45m) long and covers the full width of the
cement -stabilized base surface.
2) Perform corrective work requiring asphaltic concrete or reconstruction at no additional cost to the Department.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
301.4 Measurement
A. Base Material
Measure base material by the cubic yard (meter), loose volume, as specified in Section 109, during mixed-in–
place construction when it is necessary to add materials to the roadbed or to build up the base with new
material.
B. Cement -Stabilized Base Course
Measure the surface length along the centerline when payment is specified by the square yard (meter). The
width is specified on the Plans. Measure irregular areas, such as turnouts and intersections, by the square yard
(meter).
C. Portland Cement
Measure Portland cement by the ton (megagram).
D. Bituminous Prime
Bituminous prime is not measured for separate payment. Include the cost of furnishing and applying bituminous
prime according to the provisions of Section 412 in the Unit Price Bid for each individual base item.
E. Coarse Aggregate
Measure coarse aggregate by the ton (megagram).
301.5 Payment
A. Base Material
When it is necessary to add other materials to those in the roadbed, or to build up the base with entirely new
materials, the added base materials, will be paid for at the Contract Unit Price per square yard (meter),
complete, in place, and accepted. Payment will be full compensation for soil -cement material, mixing in the pit,
loading, unloading, and spreading.
B. Cement -Stabilized Base Course
Cement -stabilized base, in-place and accepted, will be paid for at the Contract Unit Price per square yard
(meter). Payment will be full compensation for roadbed preparation, mixing on the road, shaping, pulverizing,
watering, compaction, defect repair, bituminous prime and maintenance.
C. Portland Cement
Portland cement will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation
for furnishing, hauling, and applying the material. Only Type I or Type II Portland cement incorporated into the
finished course will be paid for and no payment will be made for cement used to correct defects due to the
Contractor's negligence, faulty equipment, or error.
D. Coarse Aggregate
Coarse aggregate will be paid for at the Contract Unit Price per ton (megagram). Payment is full compensation
for furnishing, hauling, spreading, watering, shaping, and compacting the material.
Payment will be made under:
Item No. 301
Base—including material
Per cubic yard (meter)
Item No. 301
Cement Treated Base Course
Per square yard (meter)
Item No. 301
Type I or Type II Portland Cement
Per ton (megagram)
Item No. 800
Coarse Aggregate – including material
Per ton (megagram)
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
%1-( I ION 32 111 13.68 1 0AM 1) F(IR ISAT %I.1. \TI(1\
HIGH DENSITY' MINERA1. BOND
P%RTI GENERAL
1 1, SF.( TION 1\CL1'DE.%4
A %fincial aggregate and a,phdlt bindct sium spread as a high density mineral bund seal oat o\cr a ruadway
,urface
12 RF.FERE\( FS
\ % \til I 10 Standards
R +) Standard Recommended Pracu,c fru Acceptance Sampling I'lans for Ihgh%,ay Construction
It \\SI Standards
H74 8 Procedure for Hall Mill I cst for Fnabtftt\ of Ahrasr\c Grain.
\S I \1 Standards
\ST\I ( 114 Standard I est Method, fir :\nalssis at Hydraulic Cement
\STM ( 117 Standard I est Method for Materials Finer I han 1) 075mm (\o 22) Stec in Mineral
\ggtegates by \\ a,lung
\ST%I C 128 Standard re,i Method tir Density. Relatl\e Density (Specific Graven I, and Absorption
,t Fine \ggregate.
\1,1\1( 116 Standard Method fix Sic\c Anak,is ofFinc and Coarct Aggregates.
\S I \I (' I'u Standard rest Method fur ('ompressi\c Strength of Dimension Slone
%STM ( 604 Standard Test Method for True Spcctfic Cira\ity of Refractory Matcriak by (ia,
Comparison P%cnomcter
\ST\I t' 1126 Standard Icst Method tar Knoop Indentation Hardness of \d\anced Ceramic,.
\STM D 21' Standard I est Method for Cone Penetration of Lubricating (treasc
\STM D 7_'!: Standard Test Method for (til Content til petroleum %%a\e�.
AS\I D 1644. Standard Test Method for \omolatile Content i Solids by weight
\S FM D _ 17O Standard Test Method for Kinematic % iscostt% of Asphah, 1 Bitumen,)
AS I \t D 2 1'2 Standard Test Methods for Quantitative Extraction of Bitumen From Ritummous
Pa\ int! Mixture,
\S I M 1)'_196. Standard lest Method Ior Rhcolugical Properties of \un-\ewtonian materials by
Rot.ntoual IBna+6licld type) \'issumcter.
\STM D'_' 16 Standard I cat \Icthod, lir lalxxatur% Determination of \\ alcr Moisture) ( intent of
Coil and Rock b\ Macs
AS I \I 1) 2486 Standard 1c,t Method for dctctmtmne wear resistance in c\cles
\ST\I D 2697: Standard I cst Mcthud for \olumc \unwlatilc Matter to Clear or Pigmented Coating,.
\S I \I D -1919: Mandard I csi Method for I'mlll3ifiCd Bitumens uscd as ProtA tivc Cuatfnp.
AS I %1 1) 1,960 Srutdard Practice for tktermining Volatile Organic Compound Content of Paints and
Related ('u.nin¢s
\S] -%l L 7o Standard 'rest Method for pl l of \yueuus solutions wnh the Glass P lectrode
1.+ St BMITfA1 4
A. Results of wear resistance test current within one calendar \car ( Article 2 1
R T—M.,,.,enrol and nr,riti.ation plan
( \fi\ Dcsign: M dap, prior to use. submit proportunt, of aggregate, filler, water. polymer, and emulsion In
the mix
D. I;yuipmenc Lim of wnstrucuun equipment to be used.
F
Certification from emulsion manufacturer that states the emulsion mceu the reywrcntcnts described in
Artis 2.1 of this Section.
I. N arrant%.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
1.3 QI ALI11 »TRA\( F.
1 CO\ 1 R VA OR has successtitll) completed at least iivc (> i projects of similar size and nature, using the
~.rine nu\ design as described in this section. I'pon request, prm ldc a list of live 1 `1 projects which have
demonstrated a five %car minimum proven pertorntance on a bituminous surface \cceptablc performance
alter five y car period is no less than 70°o residual coverage in the treated surface area
R rorenman of the cre%% hit, completed at least three ( :I projects of similar Site and nature
C . Du not change the source tit the emulsified asphalt or aggregate without supporting changes in the miy
d"wn
D Reset asphalt emulsion that does not meet requirements of thus section
I . Renuwc product lirund defective after installation and install acceptable product at no additional cost to
u\\\LR
1 If requested, submit a quahiy control Inspections and testing report describing source and field quality
control activities performed by(*O\TR \CTOR and its Suppliers
1.5 NF:ATIIFR
i Temperature.
I \pply %urlace treatment material when air and roadbed temperatures in the shade arc ? 4 deg I . and
rising
Do not apph surface treatment material if pavement or an temperature is below 60 deg 1'. and falling of
ifthe finished product will freeze bctore 49 hours
13. Moisture Do not apph surface treatment materia Is during rain. unsuitable weather, or 24 hours prior to
forecast rain
1.6 VO11CF
\ Follow Laws and Regulations concerning when and to whom notice% are u) be given. Give written notices
at lea%t 2 days prior to applying surface treatment material
R Indicate application time and when the surface can be used Include a map signify in the specific area to
he closed providing detailed directions
(' Pres ide a ni nimum of two :ontacts that represent the CON I RACI OR with phone numbers which can be
reached at any time during the project.
1) Warn of potential %chicle tow away and other construction issues affecting neighborhood
I Should work not occur on %pcciicd day, send a new notice before the end of the day
\ General:
I. Acceptance is by 1.4-11
2. If non -complying material has been installed and no price fir the material is specified. apply price
adjustment against cost ot'work requiring :onmply ing material as pan of its installation, Section (t1 29
00.
+. Openm,g ticyiblc paving surface treatment it, v ehicular traffic does not constitute acceptance.
a. Observation of CU\ I R A( TUR'% field quality control testing does not constitute acceptance Such
testing. however, may be used by FN(ilNEFR for acceptance if requirements of Section 01 75 10 are
met
i. 01%pule resolution. Section (11 + Ill
R. Surface l realment Material:
1. Pain, A%phalr AL xptance is not specified in this Section Refer to Section i2 I' o', and the material
requirements in this Section for acceptance
_. Aggregate Source: \ enty suilahihly of aggregate source.
Mixture. Ready it, Install Lot site is one days' production with 10,000 gallons sub -lots. Collect
%ample% randomh and test for density. \ST\I D2919
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
( Placement
I Lot stle is I lane mile Sub -lot st/c Is b I lane mile.
2 Mat \ppearance-
.1 \n runoff onto :onactc curhs and ,houldcrs.
h \n ;treaking
\o lipid .pot,.
J \o de-N)ndmg due to road contaminants.
1). Price %djustmeni. \1al appearance dctcas ma) be ac:cpted it a 2.4 percent price rcdu"iun a applied
against the Lot 1„r each condition not met Maximum pn:e reduction ti,r the I of is j percent. f.\(il\I I R
may wane pi tee adlumunent tf ('( )\ I RA( t ( )R corrects deficiencies at no additional cost to MVNI.R.
1 8 N ARR VTI
4 I he ,urta:c treatment material must :err) a warrant) hum hath the COss I RACTOR and the manufacturer
for a period of f %,c I i 1 )car, when apphcd to pat,ement in appropriate antdition. I he warrant) includes
:oserdy for peeling and pre -mature %war.
PAR L 2 PRODI ( TS
'_.I ENll I `IFIED %SPH %L I
`son -tonic Ihio-wlmpic mineral colloid at 77 reg F mecnn , requirements otSectiun 72 12 (11 and the
followm.
Tahle 1 — Supplemental Poving %spbalt Properties
( rrterion \ST\I Min \fait
Ittuu6t:ld\ ..r ,l'• _ D2lu6 x.,Htu 'uulH)
Acighl.lh,¢al I)'v:v x' ) I
,,111.1, •rcent
2 2 AGGREGATE
% Refined Corundum
Table 2 — Corundum
Ph sisal Properties
( raterion Standard Min 'fila%
`Pcrtlia t va, m 11, 11.1 C l 126 1 _ 7 9''
kn1Hap11HIli.rr11111r:, \1,1\11)".'1
.. (11,0
(tall Mill Ftahilun 114 gnu 1\1,1 R' 1 R
_ ;p
Bruwn
Its I \1 1) 2216!
Block-, with sharp
Sltape
Cd cs
Gradation
Larel
I cileranee
,
-
t.o tiradanon analy?cJ asordtng to 1s I \1 t
I ;h on a dry weight
and Etcreem.pa—tng h.un
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
_ %II\ DESIG\
1 I tie the tollo\ting table as a guide lirr I lD\IH In LOADI 1) form IRcad) lo Install)
Table 4- Selection Guide for 1.04DF.D (Ready to Install) j
( riterion\ti
I \I
Min Max ~
\hait cont0ot In %%ei ht. ercenl
h ] 1"'_
14
Hc,ldu.11 asphalt M wc,rht. ercer,t
1)
;I
~1 lctusln. t ennpolsc _ - -
11 ! IvA
-
%cUMP, -�-�
N, I�lln per gallun.�lnrnJ'
_
1) 'y:y
`) �1
\t,hd, \%r,itht h, perccnt. percent t) 1 nJd
h(1
_
♦, 11J, „rl ,III M •r.ent. rnnn
1) 1 h4
)%
4
re are
Itcrdonitc and anapulgite clas. perLcni -
( rilenon
\ST\I
\lin \ta
nenlnmte a11J att:l ul •ILC llal . PC1,C111 1 A
Raillcd corundum Talc cumene, pertmit
I,and nr other round aggregatc. NrLcni -- h
\Iavnulm \( )(• . g I 111
A c.a rc,lstan,c a In.urlo.xelci 1'n inl, 1)',1X6• I 4�
%-D. 1'�r,cnt
I'lnholea on glat, 1u •raiut • on Witt
Rc,l-tante to rc-rmulalliLA1011 itno,l
•\li+d,icd acrslon ue D24M \lodolyd hla„ hntsh 101M) gram'
on top. gln„ ,ul"11" IC panel, an dried tl+rrce Ja„ at (1(1(1(1 Icnttxlaturc.
then ,oakcd 24 hoar. prior ul le>ung Repon in percentage of Jn film
los, at I1-1.000 C\ "C'
B. 1'se the f0lo%%ing table aN a uuidc for I IDMB in l •( )\('C\TR-\TF Fonn.
Table l.B - Selection Guide for COM ENTRATE
\c Malt Emuhion
( nlerion \ti 1 \I
\lin \Sal
\,phah iunicnt ha \,rigl•i p,nacnt ) It",
I -
Rc,1Ju,+l:I,phalt h, \,c,yin lm -w I t 2.111)
;I
(uncpcnetrauon,l,costn..,l ,c, 1)'1?
ecu ten
Belghl per gallon, lt+und,
1 llufs \aluntc h, pcncnl perrcnt
\t,hd, \%r,itht h, perccnt. percent t) 1 nJd
h(1
\'IN.gI I)lvbn
111
Aggregate
Criterion \sh\1
\fin \Sal
Itcrdonitc and anapulgite clas. perLcni -
LR
Rrlined corindun) Malt: conicnl. perCent —
34 5
�Jnd nr mlicr round aggregate. crcrm
6
\fasimum \'1)( g ;
lu
Acatresi%Lnlle n 12(1011,)ek,1'0
I I 1Tn
Huls \,ctl. peresm
4.5
i".) de..m gla" I-
— wa,mk; ..,1 Lim
Rc,rstan\c to rc-cnu.l,llia 11 .n --
\ cr\ Loud
•\k,JilirJ ,Crsion of D2494i \f,hlllird bra„ 1"11'•11 n1 grain, dilaliled
on top. gla„ ,uh,lrale rasa, au Jncd three da}, at 1-1111 temperature.
Ihcr ,.,Aked 21 hnur, pnol In .,,tu1g Report In percentagc of Jn lila+ lo„
J1 1+1.111111 e\ar,
PART 3 EXECUTION
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
I ( ONS] Rl ( TIO\ EQ1 IPMEYT
\ Poser• Continuous tlo%\ mi\mg unit
I Capahie of apph ing at least 11.000 square yards of material per day.
1 quipped with full ,%seep helical mi\er to assure proper suspension of tine aggregates.
I quhppcd %% [III two separate fillers 'I tic prunar\ filter should he at Icast 200 square Inches %%Illi a filler
face of 3 8 inch. the secondary filter needs to he at least 1500 square inches with a filter face of 1 R
inch.
I. I las a retractable ,pray bar with spacer_ of 16 inches ber\%een cacti discharge orili,x. The bar should be
po%hioncd minimum of20 ruches from the ,urlax. no more than 21 inches 0om (tic surface
N. Pa%cr Calibration un a test strip at least +00 Icct long,, determine the correct pump settings on the
;application cquipment -\pply material \%cilli pump settings at Rn°o of ma\imum output at a ground speed tit-
feet
ffeet per nunute
?.2 PREP.\R %TIO\
1 General
I Se%ereh raveled or porous pa\ements may require tack coat
Asphalt concrete inlay may he required in rut deformations
H Surface Repair Patch any holes, raveled areas, and los%areas with asphalt concrete
< Crack Repair Sccuon :2 111 17.
1 Rcmo%c plant materink from cracks. edges. and joints
Bloss cracks ,lean %utlt t,mprc%%cd air.
Seal cracks %%uh but pour crack sealant Remove ¢\cess sealant.
J .\Ito%% crack seal Ai dr\ before appl\InC surface treatment material.
D. Traffic control. Grind offenisting pa%cment marking, and laic striping. Use rellwa%e tabs to mark
stripping location before apply mg surface treatment material.
1. [leaning
1 Renioce loose material. mud spots. sand, dust, oil. %egetanon and other objectionable material
2 IAP not flush %%,mer user cracks ser apply prc%suriicd %%ater I,, cracked pmement.
I lean the surface immediately prior to installation.
I Tack Coat
I \ppb tack coat to high ahsorhem. polished. LiNidited. or ra%cled asphalt surface%or to concrete or brick
,urlaces.
I ack :oat should consist of one part emulsified asphalt. three parts water and should be SS or ('SS
¢rade
_..: PRO'1 E( "1ION
It Implement the traffic control plan requirements Provide sale pauage Icor pedestrians and %chicles Do not
proceed wulhout Ilaggers
li Protect trees. planli. and other ground cover from damage
C. Prune trees w allow eqt ipment passage underneath. Section 32 01 93. Repair tree damage at no additional
cost to U\\ \LR.
D Install in\en co%crs. Section 01 71 1
I Mask till end of streets and intersection a, proudc straight lines
1. \lake straight line, along lip of gutter, and shouldcn Deep same thickness in these ureas \u rutiolt
on these areas \sill he permitted.
2 Vary edge lines no more than 1 2 inch per 100 feet.
1 Protea curb. gullet, and sidewalk from spatter, mar. or overcoat.
(i. Protect surface treatment material% trim traffic until it has cured.
d :1PPLICATI0\
V \pplicauon Rate Tau separate applications coats arc required. The first application must be thoroughly
diN and tree of any damp .areas helore the second application begins Machine settings must match the
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
following application rate%
1 0.211 gallons per ;quarc � ard minimum.
11 14 gallons per ;quarc )ard minimum.
B. Spreading
I keep constant deli%cr% rate of material per square yard til %urlacc, e%cn if the Iomard .peed of the
machine %cries
2. Du not reduce application rate along cd(tcn or around manhole solos.
%ppl% Moth application, right to the edge til the pa%ement. Do nut back a%%a% from curbs, manhole
Cusco. end edges on either application
AVI ER APPI.IC Al ION
X Leas e no streaks eauud h% plugged nozzle or unproper spray bar height
B. Lease no little%. hare +pots. or cracks
( . I\pout and Icon Manholes, %al%c hoxcs, inlets and other scr%rcc entrances and Street Fixtures
1) Raise rctlectixe tab% that %%ere co%crcd user This %%ill aid road%%a-, users in finding lane dclineauon after
installation and hetiore permanent striping
L. Ilii not pernnii traffic on product until %urlacc has cured (minimum H hourst
F. Do not apply permanent lane markingg, or paint until placement has aged at (cast 111 da} s and layout has
been %riiticil with L\til\LI R
l 0 FIELD O1 LIT1" CO\'TROI
V I csting II dcusm tests (\S l" D2919) show non-compliance. renlo%c the product and halt operations
until tics% material ;urn e% and is shown w he in csanphancc. Measure the total amounts of' material
installed, and %crit% it meets the application rate
B. Protect surface treatment material from traffic until it has cured
t7 REPAIR
1 Remosc spatter and mar front curb and gutter. sidewalk. guard rails and guide posts at no additional cost to
the ON% \ L R.
B. Rcmose surface treatment material Gum Street Fixtures
( Make :oricoion brie, straight. Pru%idc t;iK)d appearance
D Letts e no streaks. holes, bare spots. or %racks through %%hint liquids or foreign matter ;nuld penetrate to the
uiidcrh ing pasement.
F Repair collateral damage caused h% constriction.
F\D OF SEC I Wn
SPECIAL PROVISIONS
All work associated with this contract shall meet the Georgia DOT standard specifications for
construction materials, methods and procedures not specifically listed in this solicitation.
The following are special provisions prepared specifically for this contract and may be in conflict
with parts of the standard specifications. If conflicts are evident the special provisions shall take
precedence over the standard specifications.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
PROSECUTION AND PROGRESS
The City desires to have all work completed by September 1st, 2015. Please indicate on the Bid
Sheet your projected response time and calendar days to complete the project. This information
will be considered when awarding this contract.
Construction shall begin no later than 10 calendar days following the Notice to Proceed. The
Contractor will mobilize with sufficient forces such that all construction identified as part of this
contract shall be substantially completed within the calendar days indicated on the Bid Schedule.
Inclement weather days will not count against the available calendar days.
Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be
Monday through Friday. The City will consider extended workdays or workweeks upon written
request by the Contractor on a case by case basis. No work will be allowed on City recognized
holidays including July 4th and Labor Day.
The work will require bidder to provide all labor, administrative forces, equipment, materials and
other incidental items to complete all required work. The City shall perform a Final Inspection
upon completion of all work. The contractor will be allowed to participate in the Final
Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of
Final Acceptance. 10% retainage will be held from the total amount due the contractor until Final
Acceptance of work is issued by the City.
The contractor shall provide all materials, labor, and equipment necessary to perform the work
without delay unto completion.
PERMITS AND LICENSES
The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the work.
GOA TESTING OF MATERIALS
The Contractor will be responsible for all quality control testing (sampling, testing, and
inspections) of materials incorporated into the project. All materials and workmanship shall meet
appropriate GDOT specifications. Materials quality control testing types will meet GDOT
specifications at a frequency equal to or exceeding that set by those specifications.
Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all
required tests. Test results shall be provided to the City promptly as the work progresses. Tests
shall meet GDOT Specs for type, method, and frequency. Contractor will have This work shall
be considered incidental to the rest of the work and no separate payment will be made.
Contractor will be responsible for replacing any work performed with material from rejected
sample lot at no cost to the City.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
DEVIATION OF QUANTITIES
The quantities given are estimates only and will vary from those indicated. Payment will be
made based on actual quantities of work completed and accepted. The City reserves the right to
add or delete quantities at any time. Contractor will notify the City in writing if additional items
are identified or quantities of contract items will exceed plan. At no time will contractor proceed
with work outside the prescribed scope of services for which additional payment will be
requested without the written authorization of the City.
UTILITIES
Contractor shall be responsible for coordinating any utility relocation necessary to the
completion of the work.
TEMPORARY TRAFFIC CONTROL
The contractor shall, at all times, conduct his work as to assure the least possible obstruction of
traffic. The safety and convenience of the general public and the residents along the roadway and
the protection of persons and property shall be provided for by the contractor as specified in the
State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09
and 150.
Traffic whose origin and destination is within the limits of the project shall be provided ingress
and egress at all times unless otherwise specified by the City. The ingress and egress includes
entrances and exits VIA driveways at various properties, and access to the intersecting roads and
streets. The contractor shall maintain sufficient personnel and equipment (including flaggers and
traffic control signing) on the project at all times, particularly during inclement weather, to insure
that ingress and egress are safely provided when and where needed.
Two-way traffic shall be maintained at all times unless otherwise specified or approved by the
City. In the event of an emergency situation, the Contractor shall provide access to emergency
vehicles and/or emergency personnel through or around the construction area. Any pavement
damaged by such an occurrence will be repaired by the Contractor at no additional cost to the
City.
The contractor shall furnish, install and maintain all necessary and required barricades, signs and
other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and
take all necessary precautions for the protection of the workers and safety of the public..
All existing signs, markers and other traffic control devices removed or damaged during
construction operations will be reinstalled or replaced at the contractor's expense. At no time
will contractor remove regulatory signing which may cause a hazard to the public. The
Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape)
matching existing pavement markings on milled or patched pavements. The contractor shall
provide 4 variable message boards to be placed at the direction of the City.
l 7-P W 7 Resurfacing and Reconstruction and Intersection Improvement Project
All personnel and equipment required for maintaining temporary traffic control, public
convenience and safety will not be paid for separately and shall be incidental to other pay items
ROAD WIDENING AND SHOULDER CONSTRUCTION
On Birmingham Road the contractor will box out the shoulder to a depth of 10 inches and width
of 2 feet for widening on each side of the road or as necessary to establish a minimum base width
of 26 feet. All boxed out areas shall be filled to the level of the edge of pavement at the end of
work each day. All unsuitable and excess material shall be removed from the jobsite at the
contractor's expense within 7 calendar days. The shoulder area shall be top dressed with topsoil
before grassing and all asphalt chunks and rocks shall be removed. Cost of shoulder backfill,
reconstruction, and grassing shall be considered incidental to the work and included in the bid
price for other pay items. All disturbed areas shall be mulched and grassed in accordance with
GDOT Specifications, Section 700 within 7 calendar days from the time of completion of each
project segment.
The Contractor will be responsible for establishing the existing horizontal and vertical
alignments necessary for establishing lines, slopes, and profile grades for roadwork as well as
centerline benchmarks for structures. The contractor will set all stakes, templates, and other
devices necessary to control the work. Contractor should maintain a 2% slope except in super
elevated curve areas. This work shall be considered incidental and included in the bid price for
other pay items.
All rock added if needed to supplement material will be spread from the tailgate to the depth of
1.5 inches over the entire in-situ asphalt and uniformly mixed. After mixing the mixture will be
pushed into the void created by the box out crew.
The finished base course mat shall be 26 feet wide and the asphalt mat shall be 25 feet wide with
a 30 — 35 degree angled fillet (Safety Edge) along each side of the roadway.
Contractor shall provide a smooth transition from the finished paved surface to all existing
driveway aprons. In any area where widening effects concrete driveways these driveways shall
be saw cut for removal at the new roadway width. Cost shall be incidental to the work.
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
The contractor shall be responsible for the preservation of all public and private property, crops,
fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc.
along and adjacent to the highway, road or street, and shall use every precaution necessary to
prevent damage or injury thereto, unless the removal, alteration, or destruction of such property
is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way
and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for
ensuring that all permanent grassing shall match the existing grassing.
When or where any direct or indirect damage or injury is done to public or private property by or
on account of any act, omission, neglect or misconduct in the execution of the work, or in
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
consequence of the non -execution thereof by the contractor, he shall restore, at his/her own
expense, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he
shall make good such damage or injury in an acceptable manner. The contractor shall correct all
disturbed areas before retainage will be released.
PAVEMENT MILLING
The milling equipment shall be a power driven, self-propelled machine which is specifically
designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be
of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to
the work. Conveyors capable of side, rear or front loading shall be provided together with the
necessary equipment to transfer the milled material from the roadway to a truck. Dust control
shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners.
The contractor shall also mill side streets to provide an adequate tie-in. The side streets shall be
milled from the edge of travel lane to the radius point of the side street or up to a maximum 15'
of the travel lane. The contractor shall also mill across the whole roadway at the beginning and
ending limits of the project to provide an adequate tie-in with existing pavements. Edge milling
shall match the depth of the overlay.
Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride
and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to
paving.
Areas where no curb exists are not to be milled except to provide adequate tie-in with existing
pavement. The milling operation shall provide a pavement surface that is true to line, grade and
cross-section and of uniform texture.
A ten foot straightedge shall be maintained in the vicinity of the milling operation at all times for
the purpose of measuring surface irregularities of the milled pavement surface. The contractor
shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall
be remilled at no additional cost.
The finished cross slope shall be uniform to a degree that no depressions or misalignment of
slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to
the centerline. The finished pavement surface will be subject to visual and straightedge
inspection.
The Contractor shall be responsible to repair any damage to existing curbs, aprons, and
driveways caused by the Contractor's operations at no additional cost to the City.
All material generated as a result of the milling operation shall become the property of the
contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a
means to offset the unit cost of patching.
After milling is completed all loose and flaking masses of asphalt shall be removed. In the case
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
all asphalt has been removed leaving the base the traffic roller should be used in the cut to
compact any loose material prior to placement of asphalt.
The contractor and City shall measure all work and determine the total pavement area in square
yards, to establish the basis of payment for the milling work.
BITUMINOUS TACK COAT
This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous
tack shall be included in the cost of asphalt. Bituminous tack is not measured as a separate pay
item. NTSS-1HM trackless tack or equivalent shall be used. All surfaces shall be cleaned
completely and thoroughly before any tack is applied. Tack shall not be applied when the
pavement is wet. Bituminous tack coat shall be applied between .05 to 0.1 gallons per square
yard.
PAVEMENT MIX DESIGN
The plant mix materials from which the asphaltic pavement is manufactured and the plant at
which it is manufactured shall meet the requirements of the State of Georgia Department of
Transportation (GDOT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882.
Load tickets that meet Georgia Department of Transportation Specifications must accompany all
delivered materials. The Contractor must supply copies of all asphalt tickets to the City on a
daily basis.
The most current version of the GDOT Specifications and Special Provisions apply, including but
not limited to sections 400 (including off -system Special Provision). Please refer to the GDOT
website for the most current versions of the Specifications and Special Provisions.
THERMOPLASTIC PAVEMENT MARKINGS
This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic)
pavement markings shall be placed at least 15 calendar days but no more than 60 calendar days
after placement of final asphalt lift. These final pavement markings shall match the original
pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc.
unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall
adhere to the latest standards. Pavement marking materials shall meet GDOT standard
specifications and be on the qualified products list
The Contractor shall install temporary paint pavement markings on the reclaimed base course prior
to re -opening the roadway until topping is installed. Temporary paint shall also be used on the
completed topping course while awaiting the thermoplastic striping. This work will be considered
incidental and should be included in the lump sum bid for Traffic Control.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I M
CONCRETE SIDEWALKS AND ADA RAMPS
This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The
contractor will install the new sidewalk in accordance with GDOT Standard Specifications
Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces
GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and
shall be constructed using 3000 psi concrete (class A). The contractor shall inspect the locations
specified in the bid to determine the extent of work necessary to construct or upgrade each ramp.
The contractor is to select the ramp type to be used based on the site conditions and configuration
of existing sidewalk present unless specifically indicated. In some circumstances the contractor
can install detectable warning panels if existing ramps are constructed to at the proper grade and
slope.
Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length
and at all interfaces with existing sidewalk or structures.
The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall
be directed to the street unless otherwise directed by the city.
The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades.
Flexible strips may be used where necessary on curves. After forms are completely set in place
the contractor shall have the forms inspected by the city prior to pouring concrete.
All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT
specifications for Portland Cement Concrete.
The subgrade shall be thoroughly moistened and the concrete shall be deposited to the proper
depth. The concrete along the edges of the forms shall be well spaded against the forms and the
concrete shall be struck off until all voids are removed and the surface has the required grade and
cross section. The surface shall be struck off with a straight edge, floated and troweled just
enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a
fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be
rounded to a radius of one-quarter (1/4) inch with an approved finishing tool. The city reserves
the right to reject any sidewalk segments not finished in accordance with these standards or
finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the
city shall be removed and replaced by the contractor at no additional charge.
The contractor is responsible for protecting the sidewalk from the elements, travel and
vandalism.
After the concrete has set sufficiently, but not more than 3 days, the forms shall be removed and
the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be
graded to slope toward the curb and allow drainage to flow toward the curb after sod installation.
The removal and disposal of existing curb and other concrete to construct or upgrade each ramp
and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that
impacts construction shall be considered incidental.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
CLEANUP
All restoration and clean-up work shall be performed daily. Operations shall be suspended if the
contractor fails to accomplish restoration and clean-up within an acceptable period of time.
Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure
to perform clean-up activities may result in suspension of the work.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event:
Release of ITB
Deadline for Written Questions
Date:
April 27th, 2017
May 8th, 2017 @ 5:00 PM
*Submit via E -Mail (preferred) or Fax to Honor Motes of Purchasing Office
City of Milton Addendum (on or about) May Oth, 2017
(Official answers to questions and potential changes to ITB. Addendum will be posted at
the same web locations as the ITB)
Bids due
May 16th @ 2:OOPM
Bids are due to: City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, Ga. 30004
Contract Award (On/about) June 5th, 2017
Notice to Proceed Issued (On/about) June 6th, 2017
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
Sample Contract Intentionally Omitted
a*:4meIIHII U
Bid Documents from Contractor
Rev i.cd Quantity 1314 Schedule
ITEM
ITEM
UNIT
TOTAL
NUMBE
QUANTIT
R
DESCRIPTION
UNITS
Y
PRICE
AMOUNT
150-
$
$
1000
Traffic Control
LS
1
184,529.59
184,529.59
Soil -cement stabilized base,
301-
subbase, and shoulder course
$
2160
13"
SY
13,000
$ 8.10
105,300.00
301-
$
$
5000
Portland Cement
TN
500
152.62
76,310.00
310-
$
1101
Gr Aggr Base Crs, Incl Matl 4 in.
TN
400
$ 34.23
13,692.00
Asphalt Concrete Patching
402-
including Bituminous Material &
$
$
1802
H Lime 3 in. 19mm
TN
2,800
113.76
318,528.00
Asphalt Concrete including
402-
Bituminous Material A H Lime 2
$
1802
in.19mm
TN
4,900
$ 75.35
369,215.00
Recycled Asphalt Concrete 9.5
MM Superpave GP 2 Only
402-
Including Bituminous Material
$
3103
and H -Lime 1.5 in.
TN
6,100
$ 80.72
492,392.00
407-
$
$
0010
Asphalt Rubber crack seal TP M
LS
1
7,189.00
7,189.00
413-
$
5000
Fog Seal
SY
23,000
$ 0.48
11,040.00
Double Surface treatment, stn
424-
size 7+ 89 GP2 only with sand
3
6201
seal W10
SY
23,000
$ 2.85
65,550.00
432-
Mill Asphalt Conc Pvmt,
$
5010
Variable Depth
SY
59,000
$ 3.58
211,220.00
441-
$
0104
5' Concrete Sidewalk Class A
SY
400
$ 68.47
27,388.00
441-
$
6012
Curb & Gutter Type 2
LF
1,000
$ 25.10
25,100.00
441-
$
$
Ramp
Concrete 9031 Ramps
EA
13
1,711.67
22,251.71
653-
Thermoplastic Pavement
0120
Marking Arrow, Type 2
EA
10
$ 96.99
$ 969.90
653-
Thermoplastic Solid Traffic
$
1704
Stripe, 24" White
LF
300
$ 11.41
3,423.00
653-
Thermoplastic Solid Stripe, 5"
$
$
2501
White
LM
12
3,708.61
44,503.32
653-
Thermoplastic Solid Stripe, 5°'
$
$
2502
Yellow
LM
12
3,708.61
44,503.32
653-
4501
Skip Traf Stripe, 5" White
LF
1,500
$ 0.51
$ 765.00
700-
$
9300
Sod
SY
250
$ 8.56
2,140.00
High Density Mineral Bond
SY
13,000
$ 3.02
39,260.00
Concrete raised crosswalk per
$
$
1
detail TC -3
EA
1
6,276.11
6,276.11
Concrete raised crosswalk 6'
$
$
2
top TC -3
EA
1
6,276.11
6,276.11
Asphalt raised crosswalk per
$
$
3
detail TC -3
EA
1
5,705.55
5,705.55
Asphalt raised crosswalk Vtop
$
$
4
TC -3
EA
1
6,276.11
6,276.11
Asphalt speed hump per detail
$
$
5
TC -2
EA
1
4,564.44
4,564.44
Mini asphalt speed hump half
size length, same height and
width (6'long instead of 12') TC-
$
$
6
2
EA
1
3,993.89
3,993.89
7
Staining and stamping concrete
SF
1
$ 28.53
$ 28.53
8
Pavers for raised crosswalk
SF
I
$ 28.53
$ 28.53
9
Steel plate over gutter
EA
1
912.89
$ 912.89
Bid Documents
"°`&=°f. CITY OF MELTON
MILTONI� INVITATIONTO B
ID
S
(THIS IS NOT AN ORDER)
Bid Number:
Project Name:
17 -PW -7
Resurfacing and Reconstruction and Intersection Improvement Project
Due Date and Time:
City of Milton
May 16th , 2017
Number of Pages: 81
Local Time: 2:00pm
2006 Heritage Walk
Milton, Ga. 30004
ISSUING DEPARTMENT INFORMATION
Issue Date:
April 27th, 2017
City of Milton
Public Works Department Phone: 678-242-2500
2006 Heritage Walk Fax: 678-242-2499
Milton, Ga. 30004 Website: www.cityofmiltonga.us
INSTRUCTIONS TO BIDDERS
Return Submittal to:
Mark Face of Envelope/Package:
BARTOW PAVING COMPANY, INC.
Bid Number: 17-PW7
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
(Please print name and sign in ink) DAVIDWHITE
2006 Heritage Walk
Milton, Ga. 30004
Special Instructions:
Deadline for Written Questions
770-382-2025
May 8th ,2017 at 5:00 pm
Bidder Federal I.D. Number:
Email questions to Honor Motes at
58-0833201
knnon.ux�tc.�(acitty� nriltnn �u.rcc
BIDDERS MUST GOMPLETE THE FOLLOWING
Bidder Name -Address:
A horized Bidder Signatory:
BARTOW PAVING COMPANY, INC.
1055 ROWLAND SPRINGS ROAD
CARTERSVILLE, GEORGIA 30120
(Please print name and sign in ink) DAVIDWHITE
Bidder Phone Number:
Bidder FAX Number:
770-382-2025
770-387-1309
Bidder Federal I.D. Number:
Bidder E-mail Address:
58-0833201
dwhite@bartowpaving.com
BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE1
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 17-PW7
Resurfacing and Reconstruction and Intersection Improvement Project
The Bidder has carefully examined and fully understands the Contract, Specifications, and other
documents hereto attached, has made a personal examination of the Site of the proposed Work,
has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes
and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance
with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the Georgia Department
of Transportation Standard Specifications, Construction of Transportation Systems (current
edition). All materials used in the process of completion of the work included in the Contract will
be furnished from Georgia Department of Transportation certified suppliers only.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the items
listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided or
expenses incurred, which are not specifically delineated in the Contract Documents but which are
incidental to the scope, intent, and completion of the Contract, shall be deemed to have been
included in the prices bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work with adequate
forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to
complete all Work within ninety (90) calendar days from the Notice to Proceed. If weather
affects the required completion schedule, The City and selected Bidder will negotiate a new
completion date.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
Attached hereto is an executed Bid Bond in the amount of
(Five Percent of Amount Bid).
Dollars (S
If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a
satisfactory contract in the form of said proposed Contract, and give satisfactory Performance
and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten
days from the date of Notice of Award of the Contract, then the City of Milton may, at its
option, determine that the undersigned abandoned the Contract and there upon this bid shall be
null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of
Milton as liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No.
ADD #1
ADD #2
ADD #3
ADD #4
Date viewed
05/11/17
05/12/17
05/15/17
05/16/17
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this 19th day of MAY , 20 17 , ; ��
BARTOW PAVING COL I'�tr-Y, IN.C:. °
Bidder
Company Name . > C� . , ' ,',•
Bidder Mailing Address: '
JaV-1 ,
P.O. BOX 2045
CARTERSVILLE, GEORGIA 30120
Signature: LIA�ik
Print Name: DAVID WHITE
Title: DIRECTOR OF PRECONSTRUCTION
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID BOND
CITY OF AULTON, GEORGIA
BIDDER (Name and Address):
Bartow Paving Company, Inc., 1055 Rowland Springs Road, Cartersville, GA 30120
SURETY !Name and Address of Principal Place of Business:
Philadelphia Indemnity Insurance Company, One Bala Plaza, cite 100 Bala Cynwyd, PA 19004
OWNER (hereinafter referred to as the "City" (Name and Address):
City of Milton, Georgia
ATTN-. Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE: 5/19/2017
PROJECT (Brief Description Including Location):
Resurfacing and Reconstruction and Intersection Improvement Project No. 17 -PW -7
BOND
BOND NUMBER: N/A
DATE (Not later that Bid due date): 5/19/2017
PENAL SUM: Five Percent (5119) of Amount Bid ----- --------- -------------- 5%
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to
the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on
"•imbehalf by its authorized officer, agent or representative.
• UJ31DDER SURETY
`Philadelphia Indemnity Insurance Company;
S j lBaRow�aving Company, In ^ (Seal (� �► �1`IC�
Biddiv'� ate Seal Surety's N e and Corporate `
�$y: ,By, /
_ Signature d Title:. arva old Anormey.-ln=Fact
(Attach Power of Attorney) I
71
Attest: N 0 0 to
Signature and Title: Melissa Potts, Attorney -In -Fact
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.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
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 requir
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. I
3. This obligation shall be null and void if -
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by thi
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
perfon-nance 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.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after
the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later
than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by personal
delivery, commercial courier or by United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond and bind the Surety thereby.
MIME",
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I Ig
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.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I
IN M
372
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bata Cynwyd. PA 1 9004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the haws of the Commonwealth of Pennsylvania, does hereby constitute and appoint John David Pons, Marvala Erinkltola & Melissa Polls of
Founders Insurance Group, its true and lawful Attorney-im-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed
$25.000.000,00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14` of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of
the Company; (l) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seat of the Company
thereto; and (2) to remove, at any time, any such Atiomeyin•Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shalt be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14"' DAY OF NOVEMBER, 2016.
+.� �ttitrY rh�
+t` 1927 T�
A m
'✓�
(Seal),.
Robert D O'Leary Jr , President & CEO
Philadelphia Indemnity InsutanceCompany
On this 14' day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company, dial the said Corporate Seal and his signature were duly affixed.
awnw s..i
asp aa.tro, sane ►.rr
ta.a MUMa Tp., tdmtre ra,M h
.ft taaamubn trmanr Ma 1 rs4� t„
Notary Public:
(Notary Seal)
residing at: Bola Cynwyd, PA
My commission expires: January 8. 2018
1, Edward Sayago. Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify, that the foregoing resolution of the Board of
Directors and this Power of Attomey issued pursuant thereto on this 14" day of November, 2016 are true aqd goo ct ind arc still in full force and effect. 1 do further
certify that Robert D O'Leary Jr, who executed the Power of Attorney as President, was on the datq,trf Exe of the attached Power of Anomey the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,�r r t�
In Testimony Whereof I have subscribed my name and affixed the facsimile sal of each Company- tdJats 11 vwryl r .20
tj
Edward Sayago, Corporate Sec r t) t
PHILADELPHIA INDEMNI'f T4St3' AyCE 0MPANY
JBIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
1 certify that this offer is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or
services and is in all respects fair and without collusion or fraud. i understand collusive bidding
is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage
awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign
this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia
Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-
20 et seq. have not been violated and will not be violated in any respect.
Authorized Signature_ 42i41-doa-Date 05/19/17
Print/Type Name DAVID WHITE
Print/Type Company Name Here BARTOW PAVING COMPANY
CORPORATE CERTIFICATE
1, G.E. SHROPSHIRE, III , certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that DAVID WHITE
who signed said bid in behalf of the Contractor, was then (title) DIRECTOR OF PRECONSTRUCTION
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
GEORGIA
This 19th
day of MAY
.20 1'
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do x , do not , propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
Company Name: BARTOW PAVING COMPANY, INC.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
EXHIBIT "F"
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating
affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on
behalfofthe City of Milton has registered with, is authorized to use and uses the federal wort: 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:
149803
eVerify Number 1 hereby declare under penalty of perjury that the
11!03!2009 foregoing is true and correct. CARTFRSVILLE
Executed on MAY, 18 , 2017 in (city),
Date of Authorization GA (state).
BARTOW PAVING COMPANY, INC.
Name of Contractor
Hopewell Road/Birmingham Road Intersection
Improvements
Name of Project
City of Milton
Name of Public Employer
Signature of Authorized Officer or Agent
DAVID WHITE, DIRECTOR OF PRECONSTRUCTION
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
THIS THE 18th DAY OF
MAY _ ,201 _
[NOTARY SEAL]
ti S
,'•,NOTARY
t� PUBLIC
Landis S Carnes
NOW Public, Bartow County, QA
My Commission Expires: I1OWarilsslonExpims Nommlher5.
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
*THIS BID SCHEDULE REPLACES PAGE 18 OF ITB 17-PW07*
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE - REVISED #3
ITEM
ITEM
UNIT
TOTAL
NUMBER
DESCRIPTION
UNITS
QUANTITY
PRICE
AMOUNT
150-
Traffic Control
LS
1
$184,529.59
$184,529.59
1000
301-
Soil -cement stabilized base,
SY
13,000
$8.10
$105,300.00
2160
subbase, and shoulder course
301-
Portland Cement
TN
500
$152.62
$76,310.00
5000
310-
Gr Aggr Base Crs, Incl Mall 4 in.
TN
400
$34.23
$13,692.00
1101
Asphalt Concrete Patching
442 -
including Bituminous Material B
TN
4,400
$113.76
$500,544.00
1802
H Lime 3 in. 19mm
Asphalt Concrete including
402 -
Bituminous Material & H Lime 2
TN
6,500
$75.35
$489,775.00
1602
In. 19mm
Recycled Asphalt Concrete 9.5
402-
MM Superpave GP 2 Only
TN
7,500
$80.72
$605,400.00
3103
Including Bituminous Material
and H -Lime 1.5 in.
407-
Asphalt Rubber crack seal TP M
LS
1
$7,189.00
$7,189.00
0010
413-
Fog Seal
SY
23,000
$0.48
$11,040.00
5000
Double Surface treatment, stn
424 -
size 7t 89 GP2 only with sand
SY
23,000
$2.85
$65,550.00
6201
seal W10
432-
Mill Asphalt Cone Pvmt, Variable
SY
66,000
$3.58
$236,280.00
5010
Depth
441-
5• Concrete Sidewalk Class A
SY
400
$68.47
$27,388.00
0104
441-
Curb & Gutter Type 2
LF
1,000
$25.10
$25,100.00
6012
441-
Concrete 9031 Ramps
EA
13
$1,711.67
$22,251.71
Ramp
653-
Thermoplastic Pavement
EA
10
$96.99
$969.90
0120
Marking Arrow, Type 2
953-
Thermoplastic Solid Traffic
1704
Stripe, 24" White
LF
300
$1I.4I
$3,423.00
653-
Thermoplastic Solid Stripe, 5"
LM
12
$3,708.61
$44,503.32
2501
White
653-
Thermoplastic Solid Stripe, 5"
LM
12
$3,708.61
$44,503.32
2502
Yellow
ITB 17-PW07 Addendum #4
653-
Skip Traf Stripe, 5" White
LF
1,500
$0.51
$765.00
4501
700-
Sod
SY
250
$8.56
$2,140.00
9300
High Density Mineral Bond
SY
13,000
$3.02
$39,260.00
Concrete raised crosswalk per
1
EA
1
$6,276.11
$6,276.11
detail TC -3
Concrete raised crosswalk 6'
2
EA
1
$6,276.11
$6,276.11
top TC -3
Asphalt raised crosswalk per
3
EA
1
$5,705.55
$5,705.55
detail TC -3
Asphalt raised crosswalk 6' top
4
EA
1
$6,276.11
$6,276.11
TC -3
Asphalt speed hump per detail
5
EA
1
$4,564.44
$4,564.44
TC -2
Mini asphalt speed hump half
size length, same height and
6
EA
1
$3,993.89
$3,993.89
width (6' long instead of 12') TC-
2
7
Staining and stamping concrete
SF
1
$28.53
$28.53
8
Pavers for raised crosswalk
SF
1
$28.53
$28.53
9
Steel plate over gutter
EA
1
$912.89
$912.89
Total Base Bid Price $ $295399976.04
Print Total Bid Price -Two M%Lt.toa t 1%J4 Nu>`3pa-[p -Mlery tAi-w--r"tOUS,4'.'J'
t44ti 1C 4iuNDeW 5rVC--PJTy Sik i7k4Ae—s A-11io e• fflo efkrrS
Fill out "Unit Price" column, "Total Amount" column and "Total Bid Price"
Actual price to the City will be based on actual quantity multiplied by the bid "Unit Price."
Bid alternate listed below may be added to the base bid at the sole discretion of the City of Milton.
Bid Alternate #1 (Hopewell Road at Redd Road Intersection
Improvements Project PW -1602)
Total Bid Alt Price (Lump Sum) $ $ 232,000.00
I'PB 17-PW07 Addendum 44
Print Total Bid Alt Price -i-Vo puucfto ftir ,wxY TL,* -Avswo o=umtx Otocv%.-cs
Number of days to fully complete project (exclude weather related days) 12 24. 40%
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid
is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid
opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set
opposite each Item, delivered to the designated point(s) within the time specified in the Bid
Schedule.
COMPANY BARTOW PAVING COMPANY, INC.
ADDRESS 1055 ROWLAND SPRINGS ROAD, CARTERSVILLE, GEORGIA 30120
AUTHORIZED SIGNATURE 4�
PRINT r TYPE NAME DAVID WHITE
TITLE DIRECTOR OF PRECONSTRUC'fION
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project I =
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations with City of
Milton officials/employees.
Please complete this form and return as part of your bid package when it is submitted.
Name of Bidder BARTOW PAVING COMPANY, INC.
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.)
NONE
List the dollar amount/value and description of each campaign contribution made over the past
two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value NONE Description
Please list any family member that is currently (or has been employed within the last 9 months)
by the City of Milton and your relation:
NONE
17-PW7 Resurfacing and Reconstruction and Intersection Improvement Project
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB 17-PW07
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2507
Fax: 678-242-2499
Email: honor.motes,'a citvofmiltonea.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
COMPANY NAME: RARTOW PAVING COMPANY, INC,
CONTACT PERSON: DAVID WHITE
ADDRESS- 1055 ROWLAND SPRINGS ROAD
CITY: CARTERSVILLE STATE: GA ZIP: 30120
PHONE: 770-382-2025 FAX: 770-387-1309
EMAIL ADDRESS: dwhite@bartowpaving.com
A�&� 05/19/2017
Signature Date
ADDENDUM #1
ITB 17-PW07 Addendum #1 Pagel of 6
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
ITB 17-PW07
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2507
Fax: 678-242-2499
Email: honor.motes;'a ciftofmiltonaa.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
COMPANY NAME: BARTOW PAVING COMPANY, INC,
CONTACT PERSON: DAVID WHITE
ADDRESS: 1055 ROWLAND SPRINGS ROAD
CITY: CARTERSVILLE STATE: GA ZIP: 30120
PHONE. 770-382-2025 FAX: 770-387-1309
EMAIL ADDRESS: d�vhite@bartovvpaving.com
Signature
ADDENDUM #1
05/19/2017
Date
on
!TB 17-PW07 Addendum #1 Pagel of 6
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #2
ITB 17-PW07
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2507
Fax: 678-242-2499
Email: honor.motes'a cityofmiltonpa.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
COMPANY NAME: BARTOW PAVING COMPANY, INC.
CONTACT PERSON: DAVID WHITE, DIRECTOR OF PRECONSTRUCTION
ADDRESS: 1055 ROWLAND SPRINGS ROAD
CITY: CARTERSVILLE STATE: GEORGIA ZIP:
PHONE: 770-382-2025 FAX. 770-387-1309
EMAIL ADDRESS: dwhite@barto%vpaving.com
01 05/19/2017
'6'nAg"
Signature Date
ADDENDUM #2
30120
ITB 17-PW07 Addendum #2 Page 1 of S
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #3
ITB 17-PW07
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2507
Fax: 678-242-2499
Email: honor.motes a citvofmiltonea.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
COMPANY NAME: BARTOW PAVING COMPANY, INC.
CONTACT PERSON: DAVID WHITE
ADDRESS: 1055 ROWLAND SPRINGS ROAD
CITY: CARTERSVILLE STATE: GEORGIA ZIP: 30120
PHONE: 770-382-2025 FAX: 770-387-1309
EMAIL ADDRESS: dwhite@bartowpaving.com
05/19/2017
Signature Date
ADDENDUM #3
ITB 17-PW07 Addendum #3 Pagel of 4
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #4
ITB 17-PW07
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2507
Fax: 678-242-2499
Email: honor.motes'a citvofmiltonea.us
I hereby acknowledge receipt of documents pertaining to the above referenced ITB.
COMPANY NAME: BARTOW PAVING COMPANY, INC.
CONTACT PERSON: DAVID WHITE, DIRECTOR OF PRECONSTRUCTION
ADDRESS: 1055 ROWLAND SPRINGS ROAD
CITY: CARTERSVILLE STATE: GEORGIA
ZIP: 30120
PHONE: 770-382.2025 FAX: 770,387-1309
EMAIL ADDRESS• dwhite@bartowpaving.com
Lzi�� 05119/20!7
Signature Date
ADDENDUM #4
ITB 17-PW07 Addendum #4� Pagel of 4
1
p : �� " �.. �' �" Tax CertiflicatIA
,,,Occupational
41
,City of CartersviRe,
Georgia
I;Pnn— + it - •
BARTOW PAVING CO
! BOX 2045
CARTERSVILLE, GA 30120
OTC -000001804
!0 !il 1 '111• ZONE !.�
CustomerBusiness Type: PAVING CONTRACTOR
142573
! o i
Director of Planning and Development
OFFICERS:
Dlr. G.E. Shropshire, Ill, President
39 Cass•ille Road
Cartersville, Georgia 30120
Cell: (770) 387.6749
Years with Company: 03R64990
%ears in Industry: 32
PO Box 2045 1 Cartersville, GA 30120-2951 1 www.bartowpaving.com
info@bartowpaving.com I P: (770) 382-2025 1 F. (770)387-1309
LL11J, a h,rrau ,n,n 11WCOM
\lr. Andrew Shropshire, ChierOperalingOfficer r.ah r,,r,. „1 n,rl„ •r,
2 Virginia Circle, S%1
Rome, Georgia 30161
Cell: (770) 655.3131
Vears with Company: 0711 V 1993
1 ears in Indusln: 24
31r. ,lohn (Sam) Shropshire, Esecutis e N ice President ear a tan r,ni rgn,ay ,.,nr
143 Lucas Road
Cartersville, Georgia 30120
Cell; (404) 401-0336
1 ears with Company: 06/0411990
fears in Industry: 27
FIELD PERSONNEL:
Mr. David While, Director of Pre-Cons(ruction h, Gm a harrnuI' m v,rint
Cell: (404) 394-5359
%ears with Company: 02/06/2017
1 ears in Industry: 26
Mr. Brian Bullock, Sr. Eslimstor hnun a hour'm wn ury , unr
Cell: (678) 988.0084
1 can with Company: 0312/2007
l ears in industry: 14
Mr. Clay Mooney, Project \tanager (1al a harrnon,ntole, COM
Cell: (770) 655-0000
Years with Company: 08/04/2010
Years in Industry: 10
Mr. Curtis Bowman, General Superintendent c urrr., a harina ren me.com
Cell: (770) 387-6414
%earswith Company: 09/02/2014
Years in Industry: 32
Mr. David Lindsay, Superintendent JIu,J„n a harnn,/r,n my ,'Pill
Cell: (678) 848-7404
Years with Company: 08110/2015
I ean is Industry: 10
Dir. Glenn Pope, Paving Superintendent 14"'111.1 honors, IY11 14Q coni
Cell: (470) 334-8525
Years with Company: 3
Years in Industry: 39
Fon„ ws9 I Request for Taxpayer
gin °aotnbar 20141 Identification Number and Certification
Oapanm"0410
4 at 110 Traashry
InisrtW flevenusSsrviw
I Name (as stnowh on your Income tan ratio".
BARTOW PAVING COMPANY, INC.
2 Business namaldtarmarded entity name. V d
on
Give Form to the
requester. Do not
send to the IRS.
3 Check appropriate boa for ledafal tax classification: check only one of tiro following seven boxes, • Exemptions (c - supply ony to
cotta% enEtiaa. nW irj duals. ase
❑ IndivdueVaole propnatoror I] C Corporadian ❑ S Corporation ❑ Partnership ❑ Tnstlastat0 Instructions on page 3)
angle -member LLC Exempt payee code (d any)
Umited tab lity company. Entar the tax ctosifkallon (C=C corporation, S -S corporation, P -part rshlP) ►
Note. For a sing:a-member LLC that Is disegarded. do not aleck LLC; check ere appropriate box in the line above for Exemption"FATCA repoding
the tax ciassVieabon of due single -member owner. code IIi any)
f �1 AIMr 1— Mdndir—d t► Yyyb in am/e•wrftow tract M LC S .
5 Address (manbrr, street, and apt at suite no.)
1055 ROWLAND SPRINGS ROAD
GEORGIA 30120
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this Is generally your social security number (SSM, However, for a
resident alien, sole proprietor, or disregarded entity, see the Parti Instructions on page 3. For other
entities, it is your employer Identification number (Eitq If you do not have a number, ace How to get a
7W on page 3.
Note. K the account is In more than one name, we the Instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
I social seeurity, rwrnbx
_
or
I trurployer wenNflertlon
rn
nT
Under pennies of pedury. I certify that:
1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I tun
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA coda(s) entered on this form of any) indicating that I am exempt from FATCA reporting Is correct.
CeftlAcation Instructions. You must cross out hem 2 above If you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report ail Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage
Interest paid, acqubltdon or abandon (+t of secured property, cancellation of debt, contributions to on individual talk no, arrangement ORA), and
generally, payments other than Intatest find dividends, yaufare not required to sign the ca tiBcafti, but you must provide your correct TiN. See the
Instructions on cella 3. ! l 1 1
,afoul Signa urn er /
Here u s person ► r
General lnstructio
Section references am to the Internal Ravem a Cods wawaLnoted.
Future developments. lntartnabon about developments affecting Form W -e (such
u legislation enacted after we relage It) Is at www.1rsgov/fw9.
Purpose of Form
M Ind' Idud or entity (Form WA requ aAer) who is requiad io fib an infomulion
return with Ow IRS must obtain your co, eat taxpayer IdentiacaUom number MN
which nay be your social security number (SSN), Indviduat taxpayer identification
number (mat}. adoption taxpayer Identification number (ATIN). or employer
Ideruttlicallen number M ", to report an an Information return the amount Paid to
you, or other amour reportable on an Information return. Examples of information
rebuts Include, but we not *mated to, the following:
• Form 10894Nf (interest gamed or paid)
• Forel 1099-IXV (dividends. including those ham stocks or mutual funds)
• Farm 1099-tASC (various types of Irxwm, prize. awnds. orgrws proceeds)
•
Form 1099.8 (stock or mutual fund sales and csrmm otter transactions by
broken)
• Form 1094-S iilroeeeds from real stela hmsectiora)
• Form 1099-K (merchant card and thfrd party network transactions)
08101. 05/17/2017
• Form 1 ata (home mortgage Into tit), I OW -E (student loan infe rast), 109b -T
(IAior"
• Form 1094-C (canceled debt)
• Form IM -A (aegrimtion or abandonment of secured property)
Us* Form W-9 orgy if you are a U.S. person fIncluding a resident ansr". to
provide yourcones! TIN.
N you do not nano Form W -ti to f(w requester Mill a TIN, you might be sub*t
to bad W withhording See Met is backup whfdroldhgl an page 2.
By signing the filled-oul form, you:
1. Certiy that the TIN you are giving h corect (or you are waiang for a number
to be issued).
2. Cart;ly that you are rot subject to backup withholding, or
3. Claim exemption from backup wiWhWding it you are a US. exempt payee. if
opplicabla, you are also c"" that as a U.S. parson, your allocable share of
any partnership inane from a U S. Lada or buslam Is not subject to the
withholding tax an foreign pari ears' shore of effectively coax ad income_ and
4. rAr iy that FATCA ooda(s) entered on this (arm (it any) Indicating that you aro
exempt hone the FATCA repaWg. Is correct. See What is FATCA rgmxturV on
page for lwtherltdonnatim.
Cal. No. 1t123tX Farm W-91Rw. 12.2014)
Founders
Insurance
Group rrc
February 2, 2017
RE: Bartow Pasting Company, Inc.
To Whom It May Concern:
8358 Main Street
Woodstock, GA 30188
(o) 770.592.3132
(f) 770 592.9190
www.foundersins.com
We are privileged to provide Performance and Payment bonds on behalf of Bartow Paving
Company, Inc.
Their present surety company is Philadelphia Indemnity Insurance Company. Philadelphia
Indemnity Insurance Company has issued a formal line of credit for our use in servicing the
normal surety requirements of Bartow Paving in the amount of $7,000,000.00 single and
525,000,000 aggregate. This is by no means an indication of the maximum surety credit available
to Bartow Paving, but rather a working line of credit to handle their normal needs. Philadelphia
Indemnity Insurance Company has a A.M. Best Rating of A++(XV).
If Bartow Paving is successful in their negotiations with you and enters into a mutually
acceptable contract, we do not anticipate any problems in furnishing Performance and Payment
bonds Of course, this will be subject to Philadelphia Indemnity Insurance Company's normal
underwriting review and acceptable bond forms.
If you need additional information, please give me a call.
Sincerely yours,
FOUNDERS I/ ' /
N'RR
SUANCEGROUP, LLC
j
Marvala Erink-itols, Attorney -In -Fact
BL -W41 PE*--W+{L 1,°E SURM SONDS GE:.Ewu b4s% v Ppopmy HcmE aw;fPS NOFMOi+u WLmo M-P:uE Au'G.+OB'LE U,,,B►ELL,W W OOXEPS-GOMP
PO Box 2045 1 Cartersville, GA 30120-2951 1 www.bartowpaving.com
i
'= info@bartowpaving.com I P: (770) 382-2025 1 F: (770)387-1309
General Credit Information
Physical Address: 1055 Rowland Springs Rd.
Cartersville, GA 30121
Mailing Address: PO Box 2045
Cartersville, GA 30120
President: George (Chip) Shropshire. III
39 Cassville Rd.
Cartersville, GA 30120
Federal ID #:
DUNS #:
Date Established:
58-0833201
03-362-0337
February 18, 1950
Bank Reference: Danielle Graham, Asst. Vice President
GB&T
323 East Church Street
Cartersville, GA 30120
(678)72I-7311
Account #: 1000158547181
Trade References: C.W. Matthews Contracting Co., Inc.
Jean Ellis
PO Drawer 970
Marietta, GA 30061
(770)422-7520
Wex Bank
PO Box 6293
Carol Stream, IL 60197
(866)544-1715
Enterprise Oil Company
Lee Hamby
PO Box 1955
Cartersville, GA 30162
(770)387-9724
— I)RUG 1 Rlil: -
This Day of
And Expires
(Ceftificatt"Jan
Bartow Paving Company, Inc.
Has Been Certified As A
DRUG-FREE WORK PLACE
And Is Awarded this Certificate By The State Board of Workers' Compensation
April 26, 2017
April 26, 2018
/R"WO 1
'
June 13, 2016
Tracy Heath
Bartow Paving Co., Inc.
1055 Rowland Springs Rd
Cartersville, GA 30120
Re: Workers Compensation
Experience Mod Rating History
Dear Tracy:
As requested, below please rind your three year mod rating history for the Workers
Compensation:
2016-17
0.75
Effective 06/01/2016
2015-16
0.76
Effective 06/01/2015
2014-15
0.75
Effective 04/01/2014
Please review and advise should you need any additional information.
Sincerely,
/
'1lb ('.'V�
Meghann Provost, CPCU
Account Executive
115 Office Park Drive I Birmingham. AL 35223 (205) 414-8100 cobb5aRen Corn
ACORD
CERTIFICATE
LIABILITY
" 1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsements).
PRODUCER
Cobbs Allen
Bir ingha Park Drive, Suits 200
Birmingham AL 35223
NAME c Kath A. Cranford, CIC
PHONE 205-874-129fi FAx 205.414-6105
EMAIL kcranford@cobbsallen.com
DSEss• �
INSURERS AFFORDING COVERAGE NAIL 0
CLAIMS -MADE x OCCUR
INSURERA:Travelers Insurance Company 36137
INSURED BARTO-2
INSURERB:Arch insurance Company 11150
Bartow Paving Company, Inc.
P.O. Box 2045
Cartersville GA 30120
INSURER c:
INSURER D.,
INSURER E
INSURER F:
PERSONAL B ADV INJURY $1,000,000
COVERAGES CERTIFICATE NUMBER! 1400002431 REVISION NUMBER!
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
IL SR AVEIVISUBR' _ POLICY EPF POLICY EXP
TYPE OF INSURANCE INSO I WVD POLICY NUMBER MMIDDIYYYY MMI DDiYYYY LIMITS
B
x COMMERCIAL GENERAL LIABILITY
ZAGLB9215800 101112016 10/1/2017
EACH OCCURRENCE $1,000.000
CLAIMS -MADE x OCCUR
pAMAGE IBES Ea rrence $300.000
MED EXP Any one person S 10,000
PERSONAL B ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000.000
GEN'LAGGREGATE LIMIT APPLIESPER
POLICY; X } JJEC LOG
PRODUCTS •COMPIOPAGG $2,000.000
S
OTHER
B
AUTOMOBILE
LIABILITY
ZACAT9230000
10/1/2016
111IM12017
rcna,,,1,l5INGLE LIMIT $1,000,000
BODILY INJURY (Per person) S
X
ANY AUTO
XIAUTOS
AUTSSED nUTOSEEppULEO
HIREDAUTOS X NON�OWNEO
BODILY 'INJURY (Per accidentl $
Peraccident $
5
A
X
UMBRELLA LIAR HX OCCUR
ZUP41MS836016NF
611/2016
10/112017
EACH OCCURRENCE $5.000,000
AGGREGATE S5,000,000
EXCESS LIAB CLAIMS -MADE
DEQ X RETENTIONS10.000
$
B
WORKERS COMPENSATIONZAWCI93B1900
AND EMPLOYERS' L.IAABIM YIN
ANY PROPRIETORIPARTNER/EXECUTiVEE
OFFICERIMEMBER EXCLUDED? ❑N
N I A
101112016 10/1/2017
X STATUTE ETH.
-- `
L. EACH ACCIDENT $1,000,000
E L. DISEASE. EA EMPLOYES $1,000;000
(Mandatory In NH)
nes, describe under
DESCRIPTION OF OPERATIONS balow
E.L. DISEASE -POLICY LIMIT S 1.060.000
t
DESCRIPTION OF OPERATIONB I LOCATIONS I VEHICLES (ACORD 101, Additional. Remarks Schaduta, may ba, attached if more apace is. required)
General Liability -
- Blanket Additional Insured if required by written contract
- Blanket waiver of Subrogation if required by written contract
- 60 Day Notice of Cancellation it required by written contract
- Primary and Non -Contributory if required by written contract
See Attached...
SAMPLECERTIFICATE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I{psi F�i;t;6'�riL1[�I•]:i.IK•l:3 u•7:1< -r1 i.};,I�_r I [iCli1t3�iT.►r--rll
ACORD 25 $2014101 j The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: BARTO - 2
LOC S:
ACC>RV ADDITIONAL REMARKS SCHEDULE Page I of 1
AGENCY
Cobbs Allen
NAMEDWSURED
Bartow Paving Company, Inc.
P.O. Box 2045
Cartersville GA 30120
POLICY NUMBER
CARRIER
NAIC CODE
EFFECrVE DATE*.
THIS ADDI71ONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: -IS- FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Automobile Liability -
- Blanket Additional Insured if required by written contract
- Blanket Waiver of Subrogation if required by written contract
- 60 Day Notice of Cancellation if required by written contract
- Primary and Non -Contributory if required by written contract
Workers' Compensation -
- Broad Form - All States
- Blanket Waiver of Subrogation if required by written contract
- 60 Day Notice of Cancellation if required by written contract
Umbrella
Follow Form GL, Auto and Work Comp
• Blanket Waiver of Subrogation if requried by written contract
30 Day Notice of Cancellation if required by written contract
Primary basis or Primary and Non-contributory if required by written contract or agreement
The ACORD name and logo are registered marks of ACORD
Russell R. McMurry, P.E., Commissioner
Bartow Paving Company, Inc.
P. O. Box 2045
Cartersville, GA 30120
November 30, 2016
GEORGIA DEPARTMENT OF TRANSPORTATION
One Georgla Center, 600 West Peaditree Street, NW
Atlanta, Georgla 30309
Telephone. (404) 631-1000
CERTIFICATE OF QUALIFICATION
Vendor ID: 2BA780
In accordance with The Rules and Regulations governing lite Prequalification of Prospective Bidders, the Georgia
Department of Transportation has assigned the following Rating. This Certificate of Qualification is effective on the date
of issue and cancels and supersedes any Certificates previously issued:
MAXIMUM CAPACITY RATING $34,900,000
CERTIFICATE EXPIRES November 30, 2018
The total amount of incomplete work, regardless of its location and with whom it is contracted, whether in progress or
awarded but not yet begun, shall not exceed the Maximum Capacity Rating. If dissatisfied with the Rating, we direct you
to the Appeals Procedures in §672-5-.08 (1) & (2) and §672-1-.05, Rules of the State Department of Transportation.
In order to be continuously eligible to bid with this Department, your next application for prequalification must be submitted
before the expiration date. If you desire to submit an application some intermediate period before the expiration date, your
Rating will be reviewed on the basis of the new application.
This Prequalification Certificate is issued for contractors to be eligible for work with the Georgia Department of
Transportation (GDOT) only. GDOT does not certify contractors as eligible to do business with entities other than GDOT.
Sincerely,
�1
/Marc Mastronardi, P.E.
Chairman, Prequalification Committee/Contractors
MM:ASB
10�911
P05.201S1Cmw. AGA10126MS11...ere" pa qmm .b0frr,o.pwanasa+IF--qm T977D7511O7057A7.170P
0%"WGENEMLCONrmom I PROACE INFORMATION
COMPANY CONFAB PROJECT CONTRACT NAWNT COMPLETIONDATE ARCHITECT
GOVERNMENT PROSECT REFERENCES:
GEORGIADEPAAYWNFOFTRANSMRTATWN
W Onto Cader, Jr.
G00T, CSPP4OO$"WL BARTOW
S6,331,4011.111
INMOGRESS
NI- AMERKAN ENGINEERS, INC
Ona Georgia Caster, LLth Hoa,
n[nrlprfATom On Onv
SAIII, CONTRACT ID"3CBAIA007a2.1
"DO WantP achts-Stt—%MW
40 "ol-IM
Adan, Georgia 3030"
CITY OF ROME, GA
AN Aafm Carrell
ROME, MOM0.031.10
$2.149,775.00
INPROGRESS
SES- SOUTHERN ENGINES RING L SURVEYING,INC
100 VaV1hn Mad, P.O. ROA 1131
0[nrrDIlKDvnm[r
BURNETT FERRY ROAD MAPROVOWENTS
MIRK.Ga0g1830167.1433
706.3172.32"
CRY OF CALHOUN. GA
AR, KNuI MIEnIne
CALHOUN, PETERS STREET, PHASE 1
$L453SI11.30
INPAOGRESS
CIVILSOUTM. INC
72" South Wan Sbeel
NM[EnlircF+'[nlnfl qn nfl
SPIOST ROADWAY IMPROVEMENTS
Calhoun, Learn" 30701
ma4m59L
FORM" COUNTY WIND OF COMMISSIONERS
MS. Dunn KBkardla
FORSM, PROJECT NIL 2747-3150
5930,22.77
INPROGRESS
AEI- AMERICAN ENGINEERS, INC
"a EM Matt SbaaL sun. 255
,Il ular010 IpISNIHO tbm
SR30f ATUTTIEMILLROl10
CWHWA&Ga.,&3"N
77W96122
CON COUNTY BOARD OF COMIRISSIONERS
MN Totaling
COM COUNTY PARKING LOT AEWAFACIMG
S1,MA,56.41
INPROGRM
Mrld-VIEnghver: NONE
LOD CAPeYea Street
1,111 11ll5,d[0ND[rX/nry nrn
FOR VARIOUS CON COUNTY PARKS
MaHalb, Gacalla 300"
776522./007
CAAROLL COUNTY BDAAO OF COMIAISSIONERS
Mr CMr1eS P.O.
CARIOLL. JOB .1646M
5420.I7O.S9
INPROGRESS
GTDRGUIRWE57,IMC.
3a 1ORStEY WLL ROAD
;J,nnrr0-'[nrrplkrWnrwa[nm
OAK MOUNTAIN ROAD WIDENING PROJECT
CARROLLTON, GEORGIA 30117
770.1103501
CMES, INC
M7 Chelan Vekarrya
GOUT, 511060012-0 11112L CHEROKEE
$29,919.1.3
INPROGRESS
GEORGIA DEPARTMENT OF TRANSPORTATON
655 MRI7enoalR DIN.
mean vwc-- neR
SRI" R SRI00, RlpOs140000
Martinmas, Georgia 30093
77692.1505
CRIES, INC
Mr Chelan VeSOTIya
CHEROKEE COUNTY, PROJECT $16-15-300
SS09.461.53
INPROGRESS
NI- AMERICAN ENGINEERS, INC
635M[Do—AAOrive
chelan vlDcmNinc oel
EAST CNTAOEE OR IS HOLLY SPRINGS PARKWAY
Now -1.G -11a 3023
770.992.1905
CHEROUE C0UNTY BOMB OF COMMISSIONER$
MS KrNUThonpsOn
CHEROKEE COUNTY, PROJECT P81094
$732,2L71
INMOGRESS
SCI- SOUTHERN ENGINEEIONG. INC
113G Multi PPk—y
I lhomo70nPrherolrrno [om
SRR IMPROVEMENTS
6nIMGamgb30114
776721.705
CHEROKEE COUNTY WARD OF COMMISSIONERS
MS KnH1 ThoIrip.
CH EROKEE COUNTY. PROJECT PRRI
SSM,61734
IN PROGRESS
SEI- SOUTHERN ENGINEERING. INC
1130 Bk^PI,k—y
_ qn�!
KELLOGG CREEK WAD 0 WOODSTOCK ROAD
Ca.—. Georgia W111
7)0.721-71105
$COFTOROACDWP .INC
Mr OOn G,een
GOOF. C31A60"74MMI7, FORSYIN MALL
55A3,757.02
INPROGAESS
BAKER ENGINEERING
121 NRaNwa dw.
M3 WAR CHESTATEE MVOL 01"37-15-"62
Opelika, At*— 36801
33a -74}5M5
OWNFR/fiENERMCANTMCTDR
PROJECT INFORMATION
COMPANY
CONTACT
PMACr
CONTRACT AMOUNT
COMPLETION DATE
ARCHITECT
CHEROKEECTWNTYROARDOFCOMMMONERS
Mf WiWn Debord
CHEROKEE COUNTY, PROJECT 1062090
SI.127,010.14
MaNA31.2017
PONDARCHRECTS
1330 MAIN►Rkrvay
wrlhvrn 0rhn1dP0,10 p. kll rro.r/1
EAST CHEROKEE OR O DEAN RUSK MS
hnma. G4orda 30114
670-4514I521
CITY OF JOHNS CREEP, GA
MT John Hendefsan
IONNSCREEK. 2016 RESURFACING PROJECT
$5,913,644.14
f46Wary24.2017
MddhicUEn[inmir: NONE
1100o"WkVII104SM14400
.nrntln_�nyy'r. Sc.rP
AREA Ri, 02, 113 and MAIN ROADS
im- Creolr, Gaerpa 30497
6MSIZ-3239
QTY OF KENAMW
Mr. Yared AHaY!
PW*tK[NNESAW,2D16
5599.113.29
la—Y31,2017
Ndd14n/[ngbeor' NONE
2529J.0.Suyhow-AY4Aaa
mirallclk n111—nn nnv
RESURFACING VARIOUS STREETS
Pae—. G—ab 3014
.17701 @3.6541
CRY OF CANTON. GA
Me. Mmrkk MCOW!
CANYON. 2016 IMIG STREETS REPAIR
$542.LZ4.05
Jamwry 3L 2017
Aff"anJEnob— NONE
2575 RNN Road
"'Ki mcfh,rPfDNnramurwo,n cn=
PROJECT NO. 20160321
770-720-7674
CammA,Geergb30114
BAWOW COUNTY COMMUSIONERS OFFICE
Mr Tom SIIh,AICP
IIANtOW CARVER ROAD AND PARK
$372,321.57
D—.ber ZD,2016
Mr!#lert/fngbear•NONE
135 W. CMFAkaa Avanea
01I rFtvrrrcrwao nrrl
R[SURFAQNG PROJECT
CanR43R1a, G—Ab M320
77941174nS
ROKE[mIN/1Y BOMDOF COANAO9mNFR5
Ma Kri+UThomplon
CHEROKEE COUNTY. AFP PMM32
$651,1X.73
N—A-30.2016
URSCDIIPORATKIN.ATIANlA
1130 BbHa ParkraW
I hnEtnnpy(hrr rtprnv r�
EAST CHEROKEE ON AT IDWER UNION IPLL RD
C.nomm, Georgia 30131
710-721-7110S
MRTOW COUNTY ADHD DEPT.
Mr Rand/Gray
OW COUNTY. PROJECT-356103
$432,264.95
NeveadNr 3, 2016
NRLSONENGINEERS
m La"RmaAhm Read
ClUl AT MMN ROAD REALIGNMENT
nmY1014. GM& 30320
710.347.5140
CITY OF JOINS CRfER GA
Mr John Henden0n
OHMS CREEP. rM#15.174
SZ7i,67i.72
On"m 14, 2016
IOWE ENGNEERS
320011 RIAMY Road, S..400
BONES BRDG[ ROM AT RAMINNO FERRY ROAD
holum CNA, Georgia 30097
671512.3233
N.J. WAIANKS CONTRACTOR, USC
Mr Amory Ayfafk
CHEROKEE COUNTY AIRPORT, SW APRON, AREA 2
$513,S1LSS
Seplemker 13,2016
W.P. DICPSON
U WIIWnm Orbe, P.O. Box 4247
AIRPORT ROAD, 4ALGROUND
Rbw Geor11a 30114
770679.301
SCHOOL PROJECT oirym ENCET:
t—h L SRdlh. krr.
Mr Leh—Smith
BARTOW COUNTY SCHOOLS
5467.733.10
INPROGRESS
DEIOACN ARCHITECTS
PO lo. a 1750
rnnr
ADAIRSVIUE ELEMEMMY $CH
nm
eKb. G—gb 301M
710-3IPlrmnnn•,nrrlh�hnlmnrl .97
I.E. DUNN CONSTRUCTION COMPANY
M1.Jarkle Avelb
BERRY COLE6E. ROME
$66.221.00
IN PROGRESS
CEVIANOESIGN LASARQIITECTS
]SSS CvnMIaM hhway. S[
.1 - _ ___
ANIMAL S[1r17CE W AT ROW M
AWAO, Geor1R 30339
404-145-4e34
WORafk L."0- SrAah, IH.
Mr LaRmann SinAh
CHERONEECOUMYSCNOOLS
SM7.241m
IN PROGRESS
WIN ARCHITECTS
PO eoa 1750
'Phmannf ,Ir 91htmnrl cnm
CCSO EOUCATKINMSVCL CYR
Cart—vilk. GPRg1a 30120
770-311-3497
CHEROKEE COUNTY BOARD OF EMCAYION
Mr PAd PRmNdFRdIEECWMYSCNDOLS
$631.467.74
Sepl4mWr 29.2016
IS SIOOPE CONSULTING ENGINEERS
200 Meonbb Brook Coon
nhrl nunntrPrnrrntrc ttl nn vs
MACEDONIA ES BUS DR IMPRV.
rA
Canton, 04org430115
676614]48
OWNEMGENERAECONTRAC[OR
PROJECT IWORMATON
COMPANY
CONTACT
PROJECT
CONTILACTAMOUNT
COMPLETIONOATE
ARCHITECT
NEW SOUTH CONSTRUCTION
Mr Chalk Parrish
CITY Of PORK TENORS CENTSR
SLL769.00
Septemker13,2016
CEVIANDFSGNUAR""ITLCTS
1131 Weft Peadtrae Wl fAV
_--
OF GEORGIA AT PER" COLLEGE
AHMU. Geer f1a 30309
404-M9-a000
IBR CONSTRICTION i DEVELOPMENT. INC.
Mr SL[Ye Balyd
7140NCOYSCHOOLS
$30.1113.00
July 27, 2016
SOUTHERN ALE ARCHITECTS 6 ENGINEERS
nlTam Rena OrM
tlwf ur Fven,a,. -1L
TRION HS, BAND& WEIWIT■OOM
CmaOEen, Geafta 30117
Alt
Womack. WAR L Smhh, h,,
NAT LdwrA-Smdh
CHEROKEE COUNTY SCHOOLS
51.0117,63120
AprA99, 9016
AKN ARCHITECTS
PO Boa I750
Irhmdnnl m.M AD horm.d tnm
CHEROKEE MS T OEM RUSK RPE
CMenrllk. G-61E 30170
77913u4w
M COHSFRUC710N t DEVCIOPMEW. INC.
Mr Steve Dowd
ROME CITY SCHOOLS
5235.706670
October 1, 2015
SOUTHERN ALE AROTECTSt ENGN41EKS
H1 Tom A—D'Im
,nqoyd Com
ANNA L DAME EUMEWARY SCHOOL
D11ton, GNP,& 30117
770174-70//
ALW COUNTY BOARO OF EDUCATION
Mr ChHilon"
WALKER COUNTY SCHOOLS
5449.3lfAS
September 9, 1015
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2035 ASPHALT PAVING, VARIOUS
LAINFROR. Gtagk 30726
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Mr Sean 5nlder
CHEROIrFE COUWYS[IIODL[
$276,305.97
Au{uat 1, lO15
mMN ENGINQAING
P.O. Poe 4247
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CAPMEI ELEMENTARY SCHOOL
CAnean, Gew/la 30114
77479-3291
GORDON COUNTY SCHOOL$TRIM
Mr Reeflaker
ASHWORTH MOMS SCHOOL
9215.376.75
July 27,2015
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205 Warrbr PMh, P.O. OR. 72001
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Maun.Gamf1a 30703-7000
706629-7366
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OEAN RUSK MOOIE SCHOOL
C.nWn. Geon!. 30115
675674-7406
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CHEROKEE COUNTY BOARD OF EOUCATNIN
Mr Phil Puts"
CHEROKEE COUNTY SCHOOLS
5713.35Loo
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200TH .PKRMwkc-n
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5170,M9.17
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9643,496.74
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CHAPMAN. GRIFIIN LANIER SUSSENPACNARCHOECTS, INC
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LALSIIERMGH SCHOOL, MARIETTA
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PROJECT UNICEF, M91660t2
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HOUSTON ENGINEERING, INC.
1100 PAA11WAYPLACL SUITE 1010
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CASLWNITf ROAD, CAATRSMILE
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$290.000AC
IN PROGRESS
SOUTHLAND ENGINEEAING
13W ROOIRR DRIVE, SUITE 660
@.der G,(h�IrC.1
517 BARNSLEY GARDENS ROAD, AOAIRSYRIE
JCHOATI
ATLANTA, GEORGIA 303SO4147
111110
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PROJECT IWORPSATNIN
COMPAW
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MORGAN CONSTRUCIADN COMPANY, INC.
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GASXWISENGINEERING
Reference Exhibits A, B.I and B.2
No Text
Bond Number: PB 12038000119
711
s
i� rev, z1 1.
CONTRACTOR, hereinafter referred
Philadelphia Indemnity Insurance Company
to as the "Principal"), and
(as SURETY COMPANY, hereinafter
referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton,
Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any
"Claimant," as hereinafter defined, in the sum two million, three hundred thirty-one thousand,
three hundred thirty-two dollars (2,331,332.00) lawful money of the United States of America, for
the payment of which the Principal and the Contractor's Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement
with the City, dated June 21, 2017 , which is incorporated herein by reference in its entirety
(hereinafter referred to as the "Contract"), for the construction of a project known as Resurfacing
and Reconstruction and Intersection Improvement Project (hereinafter referred to as "the Project")
NOW THEREFORE, the condition of this obligation is such that if the Principal shall
promptly make payment to any Claimant, as hereinafter defined, for all labor, services and
materials used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise to remain in full force and effect.
A "Claimant" shall be defined herein as any subcontractor, person, party, partnership,
corporation or other entity furnishing labor, services or materials used or reasonably required for
use in the performance of the Contract, without regard to whether such labor, services or materials
were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of
the Contract with the Principal or any subcontractor performing work on the Project.
In the event of any claim made by the Claimant against the City, or the fling 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.
[SIGNATURES ON THE FOLLOWING PAGE]
Attest:
Signature
Melissa Potts
Print Name
Attorney -In -Fact
Title
rant n4ame
Date
Title (President or Vice President for Corporation)
j . i
[AFFIX CORPORATE SEAII.'-
Philadelphia Indemnity Insurance Company
(Name Contractor's Sure
�tY)
I I—e
, i �ga
Marvala Erinkitola
Print Name
June 28, 2017
Date
Attorney -In -Fact
Title
[AFFIX SEAL]
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint John David Potts, Marvala Erinkitola & Melissa Potts of
Founders Insurance Group, its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed
$25,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of
the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14T" DAY OF NOVEMBER, 2016.
Y.i dr
qrY �t. v
X27
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 14s' day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein descn'bed and .authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COM140NWULTH Dr. PERHM-1A
MotartN Smi
Nora NowmPo,.Notary P011C
loweI Merlon Tap•, Nontpomvry C"My
NY cwwutan E-0—lap. 6, 2019 j
Notary Public: i
(Notary Seal) residing at: Bala Cynwyd PA
My commission expires: January 8, 2018
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 10 day of November, 2016 are true and correct and are still in full force and effect. I do further
certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Wbereof I have subscribed my name and affixed the facsimile seal of each Company this 28#h da,; rofJ'une ,.2017
5
Edward Sayago, Corporate Secretaiy
PHILADELPHIA INDEMNITY iNS-Un
r�NCE,IS
CQMPANY
a
Bond Number: PB12038000119
KNOW ALL MEN BY THESE PRESENTS THAT Bartow Paving Company Inc. (as
CONTRACTOR, hereinafter referred to as the "Principal"), Philadelphia Indemnity Insurance Company
P )� and (as
SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly
bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the
use and benefit of any "Claimant," as hereinafter defined, in the sum of two million, three hundred
thirty-one thousand, three hundred thirty-two dollars (2,331,332.00)
lawful money of the United States of America, for the payment of which the Principal and the
Contractor's Surety bind themselves, their heirs executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement
with the City, dated the 21sto f June 2017 which is incorporated herein by reference
in its entirety (hereinafter referred to as the "Contract"), for the construction of a project known as
Resurfacing and Reconstruction and Intersection Improvement Project, (hereinafter referred to as
"the Project").
NOW THEREFORE, the conditions of this obligation are as follows:
That if the Principal shall fully and completely perform each and all of the terms.
provisions and requirements of the Contract, including and during the period of any
warranties or guarantees required thereunder, and all modifications, amendments,
changes, deletions, additions, and alterations thereto that may hereafter be made,
and if the Principal and the Contractor's Surety shall indemnify and hold harmless
the City from any and all losses, liability and damages, claims, judgments, liens,
costs and fees of every description, including but not limited to, any damages for
delay, which the City may incur, sustain or suffer by reason of the failure or default
on the part of the Principal in the performance of any and all of the terms, provisions
and requirements of the Contract, including all modifications, amendments,.
changes, deletions, additions, and alterations thereto and any warranties or
guarantees required thereunder, then this obligation shall be void; otherwise to
remain in full force and effect;
2. In the event of failure of performance of the Contract by the Principal, which shall
include, but not be limited to, any breach or default of the Contract:
a. The Contractor's Surety shall commence performance of its obligations and
undertakings under this bond no later than thirty (30) days after written
notice from the City to the Contractor's Surety; and
b. The means, method or procedure by which the Contractor's Surety
undertakes to perform its obligations under this bond shall be subject to the
advance written approval of the City.
The Contractor's Surety hereby waives notice of any and all modifications, omissions,
additions, changes and advance payments or deferred payments in or about the Contract, and
agrees that the obligations undertaken by this bond shall not be impaired in any manner by reason
of any such modifications, omissions, additions, changes, and advance payments or deferred
payments. The parties further expressly agree that any action on this bond may be brought within
the time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers or
attorneys -in -fact.
,t�
Title ((Assistant) orporate Secret r})
Atte r`
Signature
Melissa Potts
Print Name
Attorney -In -Fact
Title
Date
__X te--CUM rc VI c -c- t 0T -
Title (President or Vice President for Corporation)
[AFFIX CORPORATE SEALf
U)
Philadelphia Indemnity Insurance Company
(Name o Contractor's S rety)
A
gn to
Marvala Erinkitola
Print Name
June 28, 2017
Date
Attorney -in -Fact
Title
[AFFIX SEAL]
M
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania; does hereby constitute and appoint John David Potts, Marvala Erinkitola & Melissa Potts of
Founders Insurance Group, its true: and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed
$25,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14't of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of
the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14'" DAY OF NOVEMBER, 2016.
�i t
a
(Seal) ^"
Robert D. O'Leary Jr,, President & CEO
Philadelphia Indemnity Insurance Company
On this 14p' day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized orficer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COMMONNALTH OF, ENNSriV
NOLtUI Seal
Non Nowayo, Notary 11.1
Lower NerWn Twp., Nontpomery County
my Commi"W Exp — Jan. 6, 3018
Notary Public:.
residing at: Bala Cynwyd, PA
(Notary Seal)
My commission expires: January 8, 2018
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 10' day of November, 2016 are true and correct and are still in full force and effect. I do further
certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
28thJ4rne` ° A 7
In Testimony Whereof] have subscribed my name and affixed the facsimile seal of each Company this day of 20
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY' `
Bond Number: P812038000120
MAINTENANCE BOND
CITY OF MILTON, GEORGIA
KNOW ALL MEN BY `HESE PRESENTS THAT Bartow Paving Company, Inc.
(as CONTRACTOR, hereinafter referred to as the "Principal located at 1055 Rowland Springs
Philadelphia Indemnity Insurance Company
Road, Cartersville, Georgia 30120, and
(as SURETY COMPANY,
hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of
Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the
City for maintenance of improvements as described below in the sum of seven hundred seventy-
seven
Y
seven thousand, one hundred and ten dollars and sixty-seven cents (777,110.67) 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 into a certain written Agreement with the City,
dated June 21, 2017
which is incorporated herein by reference in its entirety
(hereinafter referred to as the "Agreement"), for the construction of certain Improvements as
contemplated by that project known as Resurfacing and Reconstruction and Intersection
Improvement Project (hereinafter referred to as the "Project"), and
WHEREAS, said Project is to be approved by the City of Milton, under the terms that a
maintenance bond is required of said Principal and good and sufficient surety payable to the City,
and conditioned that the Principal shall, for a period of two (2) years beginning on
, maintain all improvements ("Improvements") involved in said Project in
accordance with all applicable federal and state laws, with the Agreement, and with all applicable
City regulations; including but not limited to the Code of Ordinances for the City of Milton,
Georgia, in force as of the date of said approval.
NO'V�' THEREFORE, the conditions of this obligation are as follows:
1. That if the Principal shall maintain the Improvements as described above and
provide any repair or replacement caused by defective workmanship or
materials; and if the Principal and the Contractor's Surety shall indemnify and
hold harmless the City from any and all losses; liability and damages, claims,
judgments, liens, costs and fees of every description, including but not limited
to, any damages for costs of maintenance of Improvements, which the City
may incur, sustain or suffer by reason of the failure or default on the part of
the Principal in the performance of any and all of the terms, provisions and
requirements described herein, then this obligation shall be void; otherwise to
remain in full force and effect;
2. In the event of a failure of performance by the Principal;
a. The Contractor's Surety shall commence performance of its obligations
and undertakings under this bond no later than thirty (30) days after
written notice from the City to the Contractor's Surety;
b. The means, method or procedure by which the Contractor's Surety
undertakes to perform its obligations under this bond ;shall be subject to
the advance written approval of the City.
The parties further expressly agree that any action on this bond may be brought within the
time allowed by Georgia law for suit on contracts under seal.
IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed
their corporate seals and caused this obligation to be signed by their duly authorized officers.
Itle ((Assistant Corporate Se retary)
Bartow Paving Cgfnpany, I,gc.
Print Name
&-,- t�
Date
XUrr fF VI(s Rami pffw-
Title (President or vice President for Corporation)
[AFFIX CORPORATE SEAL)
4`7
Philadelphia Indemnity Insurance Company
(Name Contractor's Su 0Y.
jgnature
Marvala Erinkitola
PrintName
June 28, 2017
Date
Attorney -In -Fact
Title
Attest: [AFFIX SEAL]
t "
signature
Melissa Pottsgs
Print Name
a f -
Attorney -In -Fact
Title ((Assistant) Corporate
X11
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint John David Potts, Marvala Erinkitola & Melissa Potts of
Founders Insurance Group, its true and lawful Attomey-in-fact with fall authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed
$25,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of
the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14TH DAY OF NOVEMBER, 2016.
1,92 7
(Seal) ......
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 14d' day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the Therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
CONNONW TN Of, PENNMVAStA
Not,,"' Soil
Nora Howard, Notary Public
Lower XEHon Twp,; NontDomary Couaty
NR Comminkfn Exdrra. Jen, 8, 2018
. rue n.ewn+•+i. usee•�a.m �a:.uu
(Notary Seal)
Notary Public:
residing at::
My cominission expires:
r
Bala C niwvd, PA
January 8, 2018
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 14"' day of November, 2016 are true and correct and are still in full force and effect. I do further
certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
28th. ,lune 17
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this r dlw of
o
�75 tF t 4
Edward Sayago, Corporate Secretary;—,,n , `
PHILADELPHIA INDEMNITY INf URA.N, E t�OMFANY,
F �f� ,
"EXHIBIT E"
NONCOLLUSION AFFIDAVIT OF PRIME (BIDDER)
STATE OF GEORGIA
COUNTY OF BARTOW
DAVID WHITE , being first duly sworn, deposes and says that:
(1) He is REPRESENTATIVE (Owner, Partner, Officer, Representative, or Agent) of
Bartow Paving Company, Inc. (the "Bidder") 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.
(61 Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid.
SiNfit4ire of AlithorizedlCYflicer
GEORGE E. SHROPSHIRE, III PRESIDENT
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE 21ST DAY OF
JUNE 20 17 .
yA
Notay blicr u
```�����
` QC' ��'ssioN���.o''
[NOTARY SEAL]
=y� ; ` JULY 21 : *_
MyJULYY 2lssion 1, 2018 Expires:
vA 2018
'ZOc
YiPv�;��.
I, I
I, , hereby certify that all suppliers of materials, equipment
and service, subcontractors, mechanics, and laborers employed by Bartow Paving Company, Inc,
or any of its subcontractors in connection with the Resurfacing and Reconstruction and Intersection
Improvement Project 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
Bartow Paving Company, Inc., that he has read the above statement, and that to the best of his
knowledge and belief same is an exact true statement.
Notary Public
[NOTARY SEAL]
My Commission Expires
"EXHIBIT G.1"
STATE OF GEORGIA
COUNTY OF BARTOW
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:
149803
Federal Work Authorization User Identification
Number
11/03/2009
Date of Authorization
Bartow Paving Company
Name of Contractor
Resurfacing and Reconstruction and
Intersection Improvement Project
Name of Project
Citv of Milton. Georeia
Name of Public Employer
1 hereby declare under penalty of perjury that the
floregoinp is true and correct.
EcutQ on June 1st2017 in CARTERSVILLE
(ci y)� E RGIA (s te).
X1
I A
or Agent
GEORGE E. SHROPSHIRE, III PRESIDENT
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE
ME ON THIS THE 21ST
DAY OF
JUNE 017
,�1111uua41/I
NNA
Notary Public
JULY w:*_
' c
[NOTARY SEAL]
* 201 g
Expires:
MyaoCommission
i
1'4
21, 018
��'pTgRY3PVL ��`
X11,111111114%
"EXHIBIT G.2"
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 Bartow Paving Company Inc. on behalf of the City of
Milton has registered with, is authorized to use, and uses the federal work authorization program
commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91. 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
Resurfacing and Reconstruction and
Intersection Improvement Project
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _, 201 _ in
(city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF
1201.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
REFERENCE EXHIBIT A
A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless
otherwise defined below or elsewhere in the Contract Documents.
(i) "Substantial Completion" means when the Work or designated portion thereof is
complete in accordance with the Contract Documents so that any remaining Work
includes only (1) Minor Items that can be completed or corrected within the
following thirty (30) calendar days, (2) Permitted Incomplete Work that will be
completed by the date agreed upon by the Parties, and (3) any Warranty Work.
Substantial Completion shall require complete operation of all applicable building
systems including, but not limited to, mechanical, electrical, plumbing, fire
protection, fire alarm, telecom, data, security, elevators, life safety; and
accessibility (if any).
(ii) "Minor Item" means a portion or element of the Work that can be totally complete
within thirty (30) calendar days.
(iii) "Permitted Incomplete Work" means Work that isincomplete through no fault of
the Contractor, as determined by the City in its sole discretion.
(iv) "Final Completion's 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.
§ 44-1.4-366. The final invoice shall also be accompanied by the Final Affidavit shown in
Exhibit "F" of this Agreement.
The City shall pay the Contractor within thirty (30) calendar days after approval of the
invoice by City staff, less any retainage as described in Section D below. No payments
will be made for unauthorized work. Payment will be sent to the designated address by
U.S. Mail only, payment will not be hand -delivered, though the Contractor may arrange to
pick up payments directly from the City or may make written requests for the City to deliver
payments to the Contractor by Federal Express delivery at the Contractor's expense.
C. Evaluation of Payment Requests. The Contract Administrator will evaluate the
Contractor's applications for payment and will either issue to the City a Certificate for
Payment (with a copy of the Contractor's application for payment) for such amount as the
Contract Administrator determines is properly due, or notify the Contractor and City in
writing of the Contract Administrator's reasons for withholding certification in whole or
in part. The Contract Administrator may reject Work that does not conform to the Contract
Documents and may withhold a Certificate of Payment in whole or in part, to the extent
reasonably necessary to protect the City. When the reasons for withholding certification
are removed, certification will be made for amounts previously withheld.
Even following a Certificate of Payment; the City shall have the right to refuse payment of
any invoice or part thereof that is not properly supported, or where requests for payment
for Work or costs are in excess of the actual Work performed or costs incurred, or where
the Work product provided is unacceptable or not in conformity with the Contract
Documents, as determined by the City in its sole discretion. The City shall pay each such
invoice or portion thereof as approved, provided that neither the approval or payment of
any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be
considered to be evidence of performance by the Contractor to the point indicated by such
invoice, or of receipt or acceptance by the City of Work covered by such invoice., where
such work is not in accordance with the Contract Documents.
D. Final Payment and Retainage. The City and Contractor shall comply with the provisions
of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no
more than ninety percent (90%) of that portion of the Work completed during the term
covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may
be adjusted, is due and the manner of completion of the Work and its progress are
reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work
completed and covered by such invoices shall be retained by the City until Substantial
Completion. Once fifty percent (50%) 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 detennined by the Contract Administrator in its sole discretion, shall
be withheld until such item, items or work are completed. The reduced retainage shall be
shared by the Contractor and subcontractors as their interests may appear.
The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass
through payments to subcontractors and shah 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 has provided or provides such
satisfactory reasonable assurances of continued performance and financial responsibility
to complete his or her work including any warranty work as the subcontractor in his or her
reasonable discretion may require, including, but not limited to, a payment and
performance bond.
Final payment of any retained amounts to the Contractor shall be made after certification
by the Contract Administrator that the Work has been satisfactorily completed and is
accepted in accordance with the Agreement and Contract Documents.
Neither final payment nor any remaining retainage shall become due until the Contractor
submits to the Contract Administrator (1) an affidavit (as exemplified in Exhibit "F" of this
agreement) that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the City or City property might be responsible or
encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a
certificate evidencing that insurance, required by the Contract Documents to remain in
force after final payment, is currently in effect and will not be canceled or allowed to expire
until at least thirty (30) calendar days prior written notice has been given to the City; (3) a
written statement that the Contractor knows of no substantial reason that the insurance will
not be renewable to cover the period required by the Contract Documents, (4) consent of
surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests,
and encumbrances by all subcontractors and material suppliers, and (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 hien; 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"
KEY PERSONNEL
The following individuals are designated as Key Personnel under this Agreement and, as such,
are necessary for the successful prosecution of the Work:
Individual
Position
N/A
CLAY MOONEY (770) 655-0000
PROJECT MANAGER
CURTIS BOWMAN (770) 387-6414
GENERAL SUPERINTENDENT
DAVID LINDSAY (678) 848-7404
SUPERINTENDENT
ANTHONY GANSER (770) 547-5581
SUPERINTENDENT
City will be administering the Agreement,
RESERVED
Please see supplementary conditions referenced in Exhibit A, and conditions listed below:
Contractor Responsibility for Project and Worksite During Construction
Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding
worksite from the Commencement Date until Final Completion of the Project. Such
maintenance duties include, but shall not be limited to, continuous and effective
prosecution of the Work day by day with adequate equipment and forces to ensure that the
roadway or structures within the Project worksite are kept in satisfactory condition at all
times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic
control devices and other safety appurtenances that are not subject to removal or relocation
in the completion of the Work shall also be maintained in a safe and satisfactory condition.
The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation,
traffic movements, or sight distance. TheContractor shall, as necessary to keep the
worksite clean and clear of all litter and debris, clean up and remove litter and debris. The
Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard
rail, barrier, poles, standards, utility facilities, and other structures, and cut ortrim trees,
bushes, or tall grass. These requirements shall apply to all areas within the Project worksite
(i.e., the Project termini and lateral limits). All maintenance costs during construction and
before the Work is accepted will be included in the Maximum Contract Price (and any
individual flat fee or unit prices), and the Contractor will not be paid any additional
compensation for such maintenance services.
2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement
Date until the Final Completion, the Contractor shall take every precaution against injury
or damage to any part of the Project and the surrounding worksite by any cause whatsoever.
The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any
portion of the Project or the worksite (with the exception of injury or damage caused by
the sole negligence of the Owner) before Final Completion and shall bear the expense
thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be
responsible for the Project and shall take such precautions as may be necessary to prevent
damage to the Project, provide for normal drainage and shall erect any necessary temporary
structures, signs, or other facilities at its expense. Where the City elects to carry out a
portion of the Work, in accordance with Section 1 1(A)(ii) of the Agreement, the City will
determine if certain precautions are unnecessary and may be waived in that instance. The
Contractor shall also take every precaution against injury or damage to private property in
or around the worksite and shall repair or replace any private property damaged (directly
or indirectly) by the Work. For purposes of progress payments and retainage calculation,
and except where otherwise approved by the City in writing, damage to the Project or the
worksite shall be repaired to the satisfaction of the City before the Work shall be deemed
to have increased in value such that any further progress payments are due to the
Contractor. Further, except where otherwise approved by the City in writing, any damage
to private property in or around the worksite, which damage is caused by the Contractor,
shall be repaired or otherwise addressed to the satisfaction of the City before the Work
shall be deemed to have increased in value such that any further progress payments are due
to the Contractor.
3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project
requires that traffic be maintained through the Project worksite during the prosecution of
the Work, the Contractor shall assume all responsibility for damage to the Project and
surrounding worksite caused by such traffic until Final Completion of the Work. If the
Work requires that traffic be relocated to an alternate roadway or the Project is constructed
on a new location, the Contractor shall be responsible for all damage to the Project and the
worksite until the City directs that the Project be opened to traffic. At that time, the
Contractor will no longer be responsible for traffic -related damage to the Project or
worksite other than damage attributable to the Contractor's actions or inadequate
construction.
RESERVED
241
Mll.-TON*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: J 0, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Tl 7-01 - 1 and 3 Verizon Place by Verizon
Wireless c/o Troutman Sanders LLP for a proposed rooftop
antenna and a request for; 1) Waiver from Section 54-6(b) to
allow roof top antennas to be located less than 3,500 feet
from an existing telecommunications facility; and 2) Waiver
from Section 54-6(h) to allow the rooftop antennas and
associated structures to project 13 feet rather than the
maximum ten feet above the roofline.
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (J/APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (KNO
CITY ATTORNEY REVIEW REQUIRED: () YES (,yNO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0-7 1 ro) to, I
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 1 of 14
T17-01
PETITION NUMBER: T17-01
PROPERTY INFORMATION:
ADDRESS 1 and 3 Verizon Place
DISTRICT, LAND LOT 2/2 1114, 1115, 1118, 1119
EXISTING ZONING T-6 (Transect Zone) – Deerfield Form Based Code
ACRES 43.42 Acres
EXISTING USE Verizon Wireless Office Buildings
REQUESTED ATTACHED WIRELESS FACILITY:
Installation of antennas on the roof of 1 and 3 Verizon Place.
REQUESTED WAIVERS:
1) Waiver from Section 54-6(b) to allow roof top antennas to be located less than 3,500
feet from an existing telecommunications facility; and
2) Waiver from Section 54-6(h) to allow the rooftop antennas and associated structures
to project 13 feet rather than the maximum ten feet above the roofline.
PETITIONER: Verizon Wireless
10300 Old Alabama Road Connector
Alpharetta, GA 30022
OWNER: Cellco Partnership
P.O. Box 2549
Addison, TX 75001
ATTORNEY: Jennifer B. Alewine
Troutman Sanders LLP
600 Peachtree St NE #5200
Atlanta, GA 30308
STAFF RECOMMENDATION – JUNE 28, 2017
APPROVAL CONDITIONAL of T17-01 and Waivers 1 and 2
PLANNING COMMISSION RECOMMENDATION – JUNE 28, 2017
APPROVAL CONDITIONAL of T17-01 and Waivers 1 and 2 – 6-0
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 2 of 14
T17-01
LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 3 of 14
T17-01
SITE PLAN SUBMITTED ON MARCH 24, 2017
Prepared by the Community Development Department for the
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7/6/2017 Page 4 of 14
T17-01
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 5 of 14
T17-01
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 6 of 14
T17-01
ONE VERIZON BUILDING – Submitted February 27, 2017
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 7 of 14
T17-01
THREE VERIZON BUILDING – Submitted February 27, 2017
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 8 of 14
T17-01
DISTANCE FROM PROPOSED ANTENNA TO CLOSEST EXISTING TELECOMMUNICATIONS FACILITY
APPROXIMATELY 2,974 FEET
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 9 of 14
T17-01
Background:
This is the first application for new telecommunications equipment that has been reviewed
since the adoption of the Telecommunications Ordinance (Chapter 54 of the City Code) on
December 7, 2009. Previously, this type of request had been applied for within the Zoning
Ordinance as a Use Permit.
Staff notes that this request is not for a traditional monopole tower, but for antenn as to be
installed on the roof of One Verizon and Three Verizon office buildings within the Verizon
Wireless campus at the corner of Deerfield Parkway and Morris Road. This type of equipment
nonetheless still requires a full review and approval by the Mayor and City Council.
Verizon Wireless is requesting to install two sets of antennas with two antennas on One
Verizon and one antenna on Three Verizon. The purpose is to provide 4G LTE technology for
wireless voice and data services, especially for the Verizon Wireless campus itself.
Verizon states that capacity issues on the Windward and Leeward (On the east side of GA
400) sites affect network performance and customer experience. Placing antennas on the
roof of the Verizon Headquarter buildings will help alleviate the congestion by absorbing the
traffic from employees and users in the parking lots and exterior areas on/near the Verizon
Campus.
In regards to the existing LTE coverage with the antennas, the dominant signal provided by
the proposed antennas on the roof of the buildings will allow customers to benefit from the
improved coverage with faster speeds and better overall performance. It will also will
improve the Windward and Leeward sites further improving the network and customer
experience.
Each antenna has a 12’x12’ lease area on the roof. The height of each of the proposed
antennas is 13 feet in height. The rooftop height of both buildings is 30.8 feet and once
installed, the top of the antenna will be 43.8 feet.
This request was first presented at the May 24, 2017 Planning Commission Meeting. Just prior
to the meeting, the City Attorney determined that instead of a Concurrent Variance, a
“waiver” would be required pursuant to the Telecommunication Ordinance and therefore
the revised would need to be re-advertised accordingly. At the May 24, 2017 Planning
Commission Meeting, the request was deferred to June 28, 2017 to allow for the required
advertising.
Prepared by the Community Development Department for the
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7/6/2017 Page 10 of 14
T17-01
Survey of Requests
Waiver #1 - Waiver from Section 54-6(b) to allow roof top antennas to be located less than
3,500 feet from an existing telecommunications facility.
Staff has discovered that the proposed roof antenna is less than 3,500 feet
(approximately 2,974 feet) from an existing facility located at 12910 Hwy 9.
Waiver #2 - Waiver from Section 54-6(h) to allow the rooftop antennas and associated
structures to project 13 feet rather than the maximum ten feet above the roofline.
The applicant has requested a waiver for the height (no antenna can project more
than 10 feet above the roof line).
These waivers may be achieved through approval action by the Mayor and City Council
under the provisions of the Telecommunications Ordinance.
STAFF ANALYSIS OF REQUIREMENTS IN THE TELECOMMUNICATION ORDINANCE (CHAPTER 54 OF
THE CITY CODE)
General Requirements – Sec. 54-5
The applicant’s submittal appears to meet the requirements as listed in Sec. 54-5 of the
Telecommunications Ordinance. Staff notes that there is not a need for a landscape plan as
the antennas are on top of a building and existing landscaping provides adequate
screening.
Telecommunications facility permits shall be reviewed by the Mayor and City Council in
accordance with the standards set forth in this chapter. Approval of any application for the
construction of a new tower or placement of an antenna shall be based on consideration of
the following factors:
(1) Demonstrated need for proximity to residential structures and residential district
boundaries:
The proposed antennas are located within a 49 acre office park, with Lake Deerfield
development located to the northeast, which is approximately 515 feet away from the
closest roof top antenna. In addition, based on the balloon test and photo simulations, the
proposed antenna will not be seen within the property when standing in the same direction
of the townhomes.
Prepared by the Community Development Department for the
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7/6/2017 Page 11 of 14
T17-01
(2) Demonstrated need for the proposed height of the tower:
The applicant has submitted the RF study and has demonstrated that the proposed 13 foot
high antenna on top of the buildings will provide the needed coverage for this location. See
coverage maps above.
(3) Minimal impact on the use of adjacent properties:
It is Staff’s opinion that the type and size of proposed antenna, will have a minimum impact
on the use of adjacent properties as demonstrated by the results of the balloon tests.
(4) Surrounding topography, tree coverage and foliage that buffer the potential visual
impact of the telecommunications facility:
The existing mature trees and foliage surrounding the subject buildings and the size of the
antenna provide more than adequate buffer from the surrounding uses.
(5) Design of the facility, with particular reference to design characteristics which have the
effect of reducing or eliminating visual obtrusiveness, to include consideration of s tealth
technology installations:
The antennas will be painted black or match the roof color as recommended by the Design
Review Board at its May 2, 2017 meeting, to blend in with the parapet and ballast mounted
on the roof tops of both buildings.
(6) Proposed ingress and egress:
There will be no ingress and egress required as the service entrances already e xist.
(7) Availability of suitable existing towers, other structures, or alternative/emerging
technologies (microcells) not requiring the use of towers or structures:
This applicant stated that this request is specifically for the Verizon owned building and no
other structures or towers were considered.
(8) Demonstrated need for the telecommunications facility at the specified site:
The applicant’s Radio Frequency Design Engineer’s presentation which is part of the
application demonstrates the need for this request. Please see coverage maps above. Also,
Prepared by the Community Development Department for the
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7/6/2017 Page 12 of 14
T17-01
there are no other facilities within a half mile of the subject site as shown on the following
map.
(9) With reference to the City of Milton Existing Tower Map, as amended;
The exhibit below lists the existing towers within the City of Milton.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 13 of 14
T17-01
Development requirements for Towers – Sec. 54-6
Staff has reviewed all development requirements and all are met except for the two waivers
as applied by the applicant.
Staff Recommendation
Based on consideration of the factors listed above, Staff recommends APPROVAL
CONDITIONAL of T17-01 and Waivers 1 and 2 as requested by the applicant. If the Mayor
and City Council chooses to approve the request, Recommended Conditions are listed
below.
Prepared by the Community Development Department for the
City of Milton Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
7/6/2017 Page 14 of 14
T17-01
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, the telecommunication facilities at
One and Three Verizon Place should be approved subject to the owner/applicant’s
agreement to the following enumerated conditions.
1) To the owner’s/applicant’s agreement to abide by the following:
a) To the telecommunication facility application (including site plans, building
elevations, and details of roof antennas) received by the Community Development
Department on February 27, 2017 including subsequent revisions and or additions to
the application.
b) Waiver #1 to allow the roof antennas to be located less than 3,500 feet from an
existing telecommunications facility (Sec. 54-6(b)).
c) Waiver #2 to allow the roof top antennas and associated structures to project more
than ten feet above the roof line (Sec. 54-6(h)).
d) All antennas shall be painted black or a color which matches the roof color.
Page 1 of 3
ORDINANCE NO.
PETITION NO. T17-01
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE NEW ROOFTOP ANTENNAS LOCATED AT ONE AND THREE
VERIZON PLACE AND TO APPROVE TWO WAIVERS AS PERMITTED IN SEC. 54-9 OF THE CITY
OF MILTON ORDINANCES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on July 24, 2017 at 6:00 p.m. as follows:
SECTION 1. That the new telecommunication facility (roof top antennas)
located at One and Three Verizon Place and two waivers is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. That all ordinances or part of ordinances in conflict with the terms of
this ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor
and City Council and the signature of approval of the Mayor.
ORDAINED this 24th Day of July, 2017.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
Page 2 of 3
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, the telecommunication
facilities at One and Three Verizon Place should be approved subject to the
owner/applicant’s agreement to the following enumerated conditions.
1) To the owner’s/applicant’s agreement to abide by the following:
a) To the telecommunication facility application (including site plans, building
elevations, and details of roof antennas) received by the Community
Development Department on February 27, 2017 including subsequent
revisions and or additions to the application.
b) Waiver #1 to allow the roof antennas to be located less than 3,500 feet from
an existing telecommunications facility (Sec. 54-6(b)).
c) Waiver #2 to allow the roof top antennas and associated structures to
project more than ten feet above the roof line (Sec. 54-6(h)).
d) All antennas shall be painted black or a color which matches the roof color.
Page 3 of 3
REVISED SITE PLAN SUBMITTED ON MARCH 24, 2017
n
't
MILTONt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 5, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Text Amendment - Chapter 20 of the City
Code - Noise.
MEETING DATE: Monday, July 10, 2017 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: (--f 'YES () NO
CITY ATTORNEY REVIEW REQUIRED: (,,'S'ES () NO
APPROVAL BY CITY ATTORNEY: (,�-KPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: o'7If-/ ll
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Date: July 1, 2017 prepared for the July 24, 2017 City Council Meeting. (First
Presentation – July 10, 2017, Work Session – July 17, 2017)
Re: Text Amendment – Chapter 20 of the City Code – Noise
____________________________________________________________________________
Department Recommendation:
The Community Development Department recommends approval of the proposed
text amendment.
Executive Summary:
The existing Noise Control ordinance is very difficult to administer and enforce based
on the required maximum noise levels [db(A)] for specific times during the day and the
change in amount of noise allowed. In addition, the existing ordinance does not
address specifically amplified sound, sounds produced by animals or moving vehicles.
This proposed ordinance will replace the existing ordinance in its entirety. The basis of
this proposed ordinance was from Charlotte-Mecklenburg Police Department where
Chief Austin previously served and successfully administered and enforced the
ordinance. Staff has provided drafts of the ordinance to various departments within
the City including the Police Department, Code Enforcement and the
Communications Department for their feedback. The City Attorney’s office has also
worked closely with Staff on the proposed draft.
Staff held a Community Zoning Information Meeting in May where only City Staff was
present. The proposed ordinance was presented at the June 28, 2017 Planning
Commission Meeting and it was recommended approval by a vote of 6 -0. There were
no members of the public present at the meeting.
The draft provided to you is new in its entirety with the red-lines indicating the City
Attorney’s and the Planning Commission’s recommended changes resulting from their
June 28th meeting. Staff has also provided the existing Noise Ordinance for your
reference. Below is a chart comparing the two ordinances and their differences.
Comparison of Existing Nosie Ordinance and Proposed Noise Ordinance
Issue Existing Ordinance Proposed Ordinance
General Noise Sec. 20-660 – Not permitted based on
Complicated source and receiving of sound
Sec. 20-657 – Prohibited when
creating “unreasonably loud and
disturbing noise” with no
minimum sound
Sounds impacting residential
life
Sec. 20-680, 20-681- Minimum dBA for
residential and then modifications with
complicated change in noise level and
duration.
Sec. 20-659 – Any noise that
negatively impacts residential
life categorized by various uses
with specific times not
permitted.
General exemptions Sec. 20-701 – Government mandated
work, noise from aircraft, watercraft,
railroads, official city sponsored events for
general public without charge, natural
phenomena and unamplified human
voices.
Sec. 20-659 (c) – Emergency
operations, work by city in the
right-of-way if required between
9 p.m. and 7 a.m.
Sounds exempt during
daytime hours
Sec. 20-702 – Between 7:30 am and 10:00
pm., including construction sites and
commercial lawn maintenance.
Sec. 20-659 and 20-660
Exemptions for both sound and
amplified sound prohibited
during certain days and times
based on type of user.
Amplified Sound Does not directly address amplified sound. Sec. 20-660 – Breaks down
various types of amplified sound
in all zoning districts and types
of users with prohibited days
and times.
Permits for additional
amplification for residential
or commercial use
Does not provide for this type of permit. Sec. 20-661
Outdoor amplification and
music at commercial
establishments and
residentially used properties.
Does not directly address this type of
noise.
Sec. 20-661.1 and 20-661.2
Chronic Commercial Noise Does not directly address this issue. Sec. 20-661.3
Animals Does not directly address this issue but
presumed could be enforced under Sec.
20-723.
Sec. 20-662
Motor Vehicles Does not directly address this issue but
presumed could be enforced under Sec.
20-723
Sec. 20-663
Penalty Sec. 20-558 – Same penalties – Sec. 1-5 Sec. 20-663 – Same penalties –
Sec. 1-5
Variance/Appeals Sec. 20-722 – Administratively granted by
Community Development Director
Sec. 20-664 - Administratively
granted by Community
Development Director
Results of the March 22, 2017 Planning Commission Meeting
The Planning Commission recommended approval as proposed by Staff,
unanimously, 6-0.
Funding and Fiscal Impact:
There will be no impact if this text amendment is approved.
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 (June, 2017)
Attachment(s):
Proposed Amended Noise Ordinance, Ordinance Cover Page and existing Noise
Ordinance.
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 1
ARTICLE VII. – NOISE CONTROL
Sec. 20-656. – Definitions.
(a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam-
Webster's Collegiate Dictionary, eleventh edition.
(b) Use and interpretation. The following shall apply to the use of all words in this ordinance:
(1) Words used in the present tense shall include the future tense.
(2) Words used in the singular shall include the plural and vice versa.
(3) The word "shall" is mandatory.
(4) The word "may" is permissive.
(c) Terms.
Acoustic music means music produced by a musical instrument whose sound is not electronically
modified.
Amplified sound means sound that is increased in the strength.
Commercial establishment means a business located on property as defined in Commercial property.
Commercial property means property that is zoned and or developed with nonresidential uses in T -6, T-5,
T-4, T-4 Open, T-4 Permissive, C-1, C-2, O-I, MIX, and M-1 zoning districts. It also includes uses
permitted with a Use Permit in other zoning districts listed in Sec. 64-1121, “Allowed Use Chart” that are
in the following categories: Commercial, Agricultural, and Institutional Type Uses.
Commercial user means a business that is not an individual property owner or renter that receives
compensation for providing products or services.
Construction machinery means machines or tools powered by electricity, fuel, or by hand that is used to
construct buildings, roads, walls, and other accessory structures.
Garage machinery means machines or tools powered by electricity, fuel, or by hand that is used in
maintaining or building various types of automotive items such as engines of all types, car or truck
chassis,
Lawn maintenance machinery means machines or tools powered by electricity, fuel, or by hand that isare
used to mow, trim, fertilize, seed, till, or other associated actions to maintain lawns, golf courses and other
types of landscapes.
Mechanical noise means noise produced by machinery as defined in construction, lawn maintenance,
and or garage machinery.
Mobile amplification means sound produced that is increased in the strength or amount which is typically
electronic, but not soley, and moves such as car stereos.
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 2
Outdoor amplification means sound that is increased in the strength or amount which is typically
electronic but not solely, such as a bull horn and but the source is amplified sound located outside the
confines of a building or structure.
Residentially used property means property that is zoned and or developed with residential uses in T -6,
T-5, T-4, T-4 Open, T-4 Permissive, MIX, AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6,
TR, A, A-L, NUP, and CUP.
Sound amplification means sound that is increased in the strength. or amount which is typically electronic
but not solely, such as a bull horn.
Sound amplification equipment means equipment that increases the strength or amount of sound typically
electronic but not solely .
Waste haulers means companies granted non-exclusive contracts to remove residential and commercial
refuse and waste which includes items to be recycled.
Sec. 20-657. - Loud, disturbing noises prohibited generally.
It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing
noise in the city.
Sec. 20-658. - Measurement.
For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the
A-weighting scalesale on a sound level meter of standard design and quality having characteristics
established by the American National Standards Institute.
Sec. 20-659. - Sounds impacting residential life.
(a) It shall be unlawful to carry on the following activities in any residentially zoned area of the city or within
300 feet of any residentially occupied structure in any zone of the city:
Operation
of
construction
machinery
by
commercial
users
Operation
of
construction
machinery
by
individuals
on their
residential
property
Operation of lawn
Maintenance
machinery by
commercial users
Operation of
lawn
maintenance
machinery by
individuals on
their residential
property
Operation of garage
machinery
Operation of approved
waste haulers
Monday through Friday
7:30 p.m. to 7:30 a.m.
Applies
Applies
Applies
Applies
Applies
Monday through Sunday
7:30 p.m. to 7:30 a.m.
Applies
Saturday
6:00 p.m. to 9:00 a.m.
Applies
Applies
Applies
Applies
Applies
Sundays and Federal
Holidays
6:00 p.m. to 9:00 a.m.
Applies
Applies
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 3
Sundays and Federal
Holidays
Applies
Applies
Applies
(b) Any mechanical noise other than that regulated in subsection (a) which registers more than 70 db(A)
at the nearest complainant's property line is a violation.
(c) This section shall not apply to:
(1) Emergency operations designed to protect the public health and safety; or
(2) Work by city crews or city contractors in a right-of-way or utility easement when the department
responsible for the work has determined that it is necessary to undertake the work . between the
hours of 9:00 p.m. and 7:00 a.m.:
a. In order to avoid unreasonably impacting the flow of traffic (this determination shall be made in
consultation with the City of Milton Public Works Department);
b. In order to avoid unreasonably disrupting the provision of a utility service; or
c. Because of a Georgia Department of Transportation requirement.
- Amplified sound produced within all zoning districts.
(a) It shall be unlawful to operate or allow operation of any sound amplification to create sounds:
Registering
55 db(A)* or
higher
Registering
50 db(A)* or
higher
Registering 55
db(A) or higher for
multifamily uses or
other residential
arrangements
where boundary
lines cannot be
readily
determined**
Registering 50
db(A) or higher
for multifamily
uses or other
residential
arrangements
where boundary
lines cannot be
readily
determined**
In the public right-of-
way, including streets
or sidewalks , or in city
parks without having
actual on-site
possession of a permit
issued by the City
Milton Police
registering more than
75 db(A) ten feet or
more from any
electromechanical
speaker***
The use of mobile
amplification
registering more than
60 db(A) ten feet or
more from the
equipment.
Sec. 20-660. - Amplified sound produced within all zoning districts.
(a) It shall be unlawful to operate or allow operation of any sound amplification to create sounds :
Registering
55 db(A)* or
higher
Registering
50 db(A)* or
higher
Registering 55
db(A) or higher for
multifamily uses or
other residential
arrangements
where boundary
lines cannot be
readily
determined**
Registering 50
db(A) or higher
for multifamily
uses or other
residential
arrangements
where boundary
lines cannot be
readily
determined**
In the public right-of-
way, including streets
or sidewalks , or in city
parks without having
actual on-site
possession of a permit
issued by the City
Milton Police
registering more than
75 db(A) ten feet or
more from any
electromechanical
speaker***
The use of mobile
sound amplification
registering more than
60 db(A) ten feet or
more from the
equipment.
Sunday through Thursday
Between 8:00 a.m. and
9:00 p.m.
Applies
Applies
Applies
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 4
Friday or Saturday
8:00 a.m. to 11:00 p.m..p.m.
Applies
Applies
Applies
Any other time
Applies
Applies
Applies
* As measured anywhere within the boundary line of the nearest residentially occupied property.
** As measured from any point within the interior of another residential unit in the same complex or
within the boundary line of the nearest residentially occupied property.
***Sound amplification equipment operated may not be located more than ten feet off t he ground. In
addition to the person operating or allowing the operation of sound amplification equipment in
violation of this subsection, the person to whom the permit was issued must be present at the
location and during the times permitted and shall be liable for any and all violations.
(b) The use of mobile sound amplification equipment (e.g., a car radio, unless the vehicle is parked) shall
be exempt from the permitting requirement of this subsection except as reflected in 20-660 (a).
(c) The limitations on the operation of sound amplification equipment in 20-660 (a) shall not apply to the
operation of horns, sirens, or other emergency warning devices actually being used in emergency
circumstances, or public assembly permit, or to the opera tion of sound amplification equipment
regulated pursuant to Section 20-661.1 or in accordance with a permit issued pursuant to Section 20-
661.
(1) . ). An application for a permit shall be:
(i) Submitted to the City of Milton Police Department at least one full business day but no
more than seven calendar days before the permit time requested; and
(ii) Specify the proposed location of the sound amplification equipment and the date and
time that the sound amplification will begin and end. Permits shall be issued on a first come,
first served basis. A permit shall not be issued for a location that is within 100 feet of another
location for which a permit has been issued for the same time or in or within 100 feet of the
area permitted for a public assembly unless issued to the holder of the public assembly
permit.
Sec. 20-661. - Permits for additional amplification for residential or commercial uses.
(a) Application. An application for a permit for additional amplification on private property under this
section shall be submitted to the City of Milton Police Department at least ten business days in advance
of the planned use. The application shall designate and provide contact information for an individual
person who shall be in control of the sound amplification equipment and ensure that its use complies
with the terms of the permit. Activities regulated under subsection 20-660 (a)(3) and Section 20-661.1
shall not be eligible for an additional amplification permit under this section.
(b) Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible
for giving written notice of the name, nature, date, and time period of the event, and the name of and
contact information for the permit holder to the occupants of each property wit hin 1,000 feet of the
property for which the permit has been granted. The notice shall be hand delivered to each occupant
or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit
at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the
applicant submits an affidavit to the City of Milton Police Department that such notices have actually
been so delivered.
(c) Limits on hours. Permits for additional amplification at a property, or adjacent properties under
common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 5
section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through
Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday.
(d) Sound limits. In no event shall a permit be granted which allows the creation of sounds registering
more than 70 db(A) anywhere within the boundary line of the nearest residentially occupied property.
(e) Denial; issuance of exceptional permit. If an applicant has been denied a permit under this section and
believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy
of the denied permit application together with a short statement of the reasons he believes he is entitled
to a permit to the city manager or his designee. The city manager or his designee shall have the
discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his
determination that the applicant has made a substantial showing of legal entitlement. Any such
exceptional permit shall be submitted within seven calendar days promptly reported to the City of
Milton Police Department.
(f) [Violation.] It shall be unlawful to violate the restrictions or requirements of this section or the terms of
a permit issued pursuant to this section.
Sec. 20.661.1. - Outdoor amplification and music at commercial establishments.
(a) It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or
nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed
out of doors or to allow live acoustic music out of doors or directed out of doors other than during the
times listed below or so as to create sounds registering in excess of:
(1) 85 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.;
(2) 60 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day;
(3) 85 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or
(4) 60 db(A) between 11:00 p.m. and 2:00 a.m. the following day.
An establishment may be cited for violating this section only if the enforcing authority determines that
the sound being produced is, using a reasonable person standard and taking into consideration the
day of week and time of day, unreasonably loud and disturbing to the quiet enjoyment and use of
residentially occupied property. For purposes of this section, hotels, m otels, other short-term
accommodations shall be considered residentially occupied property.
(b) The decibel limits prescribed in this section shall be measured at the property line of the commercial
property at which the sound is being generated.
(c) An establishment that has been determined to be non -cooperative pursuant to subsection 20-661.3
(e) shall be subject to enhanced civil penalties pursuant to subsection 20-663 and, after two violations
of this section within one year after having been deter mined to be non-cooperative, shall not operate
or allow the operation of sound amplification equipment out of doors or directed out of doors or allow
live acoustic music out of doors or directed out of doors for a period of 18 months after the second
violation. The 18-month prohibition shall apply to the establishment and the property on which the
establishment is located.
Sec. 20.661.2. - Outdoor amplification and music at residentially used properties.
(a) It shall be unlawful for any residentially-used property to operate or allow the operation of
sound amplification equipment out of doors or directed out of doors or to allow live acoustic
music out of doors or directed out of doors other than during the times listed below or so as to
create sounds registering in excess of:
(1) 75 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.;
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 6
(2) 50 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day;
(3) 75 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or
(4) 50 db(A) between 11:00 p.m. and 2:00 a.m. the following day.
The owner or occupant of a property may be cited for violating this section only if the enforcing
authority determines that the sound being produced is, using a reasonable person standard and
taking into consideration the day of week and time of day, unreasonably loud and disturbing to
the quiet enjoyment and use of residentially occupied property. For purposes of this section,
hotels, motels, other short-term accommodations shall be considered residentially occupied
property.
(b) The decibel limits prescribed in this section shall be measured at the property line of the
residentially used property at which the sound is being generated.
(c) An owner or occupant that has been determined to be non-cooperative pursuant to subsection
20-661.3 shall be subject to enhanced civil penalties pursuant to subsection 20-663 and, after
two violations of this section within one year after having been determined to be non-
cooperative shall not operate or allow the operation of sound amplification equipment out of
doors or directed out of doors or allow live acoustic music out of doors or directed out of doors
for a period of 18 months after the second violation. The 18-month prohibition shall apply to the
establishment and the property on which the establishment is located.
Sec. 20.661.3. - Chronic commercial noise.
(a) The purpose of this section is to establish a collaborative process through which the city and a business
that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer") will
develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A
chronic noise producer is an establishment that, because of the sound generated by or at the business,
is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places
where people may congregate with a reasonable expectation of undisturbed activity. A business may
be a chronic noise producer without having violated this article.
(b) The chief of police (or designee) may designate shall determine a commercial business as a "chronic
noise producer as described in Sec. 20-661.1 (a) above." In making such a designation, the chief of
police shall take into consideration the following factors:
(1) The number and frequency of valid noise complaints;
(2) The proximity and physical relationship between the business and complaining locations;
(3) The severity of sound events, both observed or measured;
(4) The times and days of the week of sound events;
(5) The business' history of cooperation and efforts to alleviate the problem; and
(6) The history and context of the location, including whether the sound producing activity predates
the occupation of the complaining locations and whether the sound producing location is located
in what is generally recognized as an entertainment area.
Upon designation, the chief of police shall inform the bus iness that it has been designated a chronic
noise producer and refer the business to the City of Milton Mayor and City Council along with the
information that established the basis for the designation.
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 7
(c) Upon receiving a chronic noise producer referral, the City of Milton Mayor and City Council shall
schedule a mandatory initial meeting based on its next regularly scheduled meeting with the business
that it has been designated a chronic noise producer. At the initial meeting, the City of Milton Mayor
and City Council and the business shall review the information that formed the basis for the designation
and any evidence or information concerning the complained of noise provided by the business.
Following the initial meeting, the City of Milton Mayor and City Council shall determine whether a
mitigation plan is warranted. If the City of Milton Mayor and City Council determines that a mitigation
plan is not warranted, it shall notify the business and the City of Milton Police Department of that
determination and no further action shall be taken under this section.
(d) If the City of Milton Mayor and City Council determines that a mitigation plan is warranted, the City of
Milton Mayor and City Council and the business shall together develop and sign a noise mitigation
plan. The plan may include, among other things:
(1) Restrictions on days of week or hours of noise producing activity;
(2) Placement, orientation, and operation of sound producing activity or equipment;
(3) Structural changes including but not limited to sound attenuation and baffling;
(4) Self monitoring and reporting requirements;
(5) A schedule for implementation; and
(6) A schedule for review for possible revision or termination of the plan.
(e) In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate
in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation
plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City of Milton
Mayor and City Council may designate the business as non-cooperative and shall notify the business
and City of Milton Police Department of that determination. Should a business designated as non-
cooperative cure the basis for the designation, the City of Milton Mayor and City Council shall remove
the designation and notify the business and City of Milton Police Department of that determination.
(f) In the event that a noise enforcement action is taken against a business that has been designated a
chronic noise producer, evidence regarding the business' participation in the development and
implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution
or administrative or judicial review or appeal of the enforcement action. Specifically, the business'
participation and compliance shall be a mitigating factor and may, but is not required to be a justific ation
for dismissing the enforcement action. A business that has been designated by the City of Milton Mayor
and City Council as non-cooperative shall not be entitled to the benefits of this subsection unless the
designation has been removed.
(g) Appeals. A business that has been designated a chronic noise producer or non-cooperative may
appeal such designation within ten days after receiving notice of such designation. Appeals shall be
heard by the city manager or the city manager's designee who shall not be an employee of the City of
Milton Police Department or member of the City of Milton Mayor and City Council. The appellant shall
have the right to present evidence at said hearing. A ruling on appeal is subject to review in the superior
court of Fulton County by proceedings in the nature of certiorari. Any petition for writ of certiorari for
review shall be filed with the clerk of superior court within 30 days after notice of the decision has been
sent to the appellant.
Sec. 20-662. - Animals.
It shall be unlawful for any person to own, keep or have in his possession, or harbor, any dog, other
animal or bird which, by frequent or habitually howling, yelping, barking or other similar noises for more
than fifteen minutes at one time. otherwise, causes loud noises and produces seriously annoying
disturbance to any person or to the neighborhood.
Sec. 20.663. - Motor vehicles.
Draft Noise Ordinance to replace the existing Article VII of Chapter 20 prepared for the City of Milton
Mayor and City Council Meeting on July 24, 2017 (First Presentation on July 10, 2017)
July 3, 2017 Page 8
It shall be unlawful to operate or allow the operation of any motor vehicle in the city:
(1) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or
maintained in such disrepair as to create unreasonably loud and disturbing noises.
(2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create
unreasonably loud and disturbing noises.
(3) Off the boundaries of a public street for racing or other operations which create unreasonably
loud and disturbing noises.
Sec. 20-663 - Penalty.
Any person found guilty of violating any provision of this article shall be punished in a manner
consistent with the general penalty set forth in Section 1-5. A violation of a continuing nature, each day
during which it occurs, shall constitute an additional, separate and distinct offense.
Sec. 20-664 – Variances
(a) Variances may be granted to any person from any requirement of this article if findings are made that
the immediate compliance with such requirement cannot be achieved because of special circ umstances
rendering immediate compliance unreasonable in light of economic or physical factors, encroachment
upon an existing noise source or because of the nonavailability of feasible technology or control methods.
(b) Any such variance or renewal thereof shall be granted only for the minimum time period found to be
necessary under the facts and circumstances.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 20 OF THE CITY CODE – NOISE
CONTROL
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on July 24, 2017 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Article VII, Chapter 20 – Noise Control
replaces the existing Article VII, Chapter 20 in its entirety and 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 24th day of July, 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
04
TO:
FROM:
M I LTk, I I N� lip
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: July 3, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend to Chapter 2,
Article VI, Division 11, to Revise the City's Procurement Policy
with Respect to the Definition of Professional Services; the
Competitive Procurement Requirements for Such Services;
and for Other Lawful Purposes.
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,�IA PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4vYES () NO
CITY ATTORNEY REVIEW REQUIRED: YES () NO
APPROVAL BY CITY ATTORNEY: LIAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 01101 16P
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on July 3, 2017 for the July 10, 2017 Regular City Council Meeting (First
Presentation) and July 24, 2017 Regular City Council Meeting (Unfinished Business)
Agenda Item: Consideration of an Ordinance to Amend to Chapter 2, Article VI, Division 11, to
Revise the City’s Procurement Policy with Respect to the Definition of Professional
Services; the Competitive Procurement Requirements for Such Services; and for
Other Lawful Purposes.
Department Recommendation:
Approve the amendment as presented.
Executive Summary:
Each department is responsible for reviewing their policies to ensure they remain relevant,
effective and efficient. Upon review of our purchasing policy and, in particular, the professional
services definition, we have found when comparing it with other jurisdictions, that it is more
restrictive and, at times, has hindered our ability to operate efficiently. The city’s current
definition reads:
“For the purposes of this paragraph, the term “professional services” shall mean services
requiring a specialized bachelor’s degree or a graduate degree and also requiring
licensing or certification by a Georgia statewide or national authorizing entity including,
but not limited to, engineering and architectural services, accounting s ervices and legal
services.”
We would like to bring the definition in-line with what our neighboring cities include in their
policies. The change would remove the requirement for degrees and licensure or certification to
recognize that not all professions require both, such as engineers. The proposed definition allows
for individuals or firms that have “expertise due to advanced, specialized education, training,
licensure or skill customarily acquired either by prolonged course of study or equivalent
experience.”
Also, our current policy allows for an exemption of the competitive procurement procedures for
professional services when the value of the service is $30,000 or less. In our survey of other cities,
the limit was anywhere from $25,000 to $250,000. We are proposing to increase the limit to
$50,000 to match our threshold for competitive bidding through sealed bids or requests for
proposals. Doing so would give staff the ability to obtai n professional services in a timely, more
efficient manner while maintaining our policy of being sound financial stewards of the funds our
citizens entrust us with.
Funding and Fiscal Impact:
N/A
Alternatives:
The alternative would be to keep the professional services definition as is or to propose a
different definition.
Legal Review:
Sam VanVolkenburg with Jarrard & Davis, email dated 6/28/2017.
Concurrent Review:
Steve Krokoff, City Manager
Bernadette Harvill, Finance Director
Kathleen Field, Community Development Director
Carter Lucas, Assistant City Manager
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REVISE THE CITY’S PROCUREMENT POLICY WITH
RESPECT TO THE DEFINITION OF PROFESSIONAL SERVICES; THE
COMPETITIVE PROCUREMENT REQUIREMENTS FOR SUCH SERVICES; AND
FOR OTHER LAWFUL PURPOSES.
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 24th day of July, 2017 at 6:00 p.m., as follows:
WHEREAS, pursuant to Section 6.31 of the City Charter of the City of Milton, and other powers
vested in the City, the City is authorized to prescribe procedures for a system of centralized
purchasing for the City; and,
WHEREAS, the City has adopted a formal Purchasing Policy, codified at Chapter 2, Article VI,
Division 11 of the City’s Code of Ordinances; and,
WHEREAS, the City desires to update its Purchasing Policy to reflect the current best practices
in competitive procurement of services requiring specialized skill and subject-matter expertise;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS
as follows:
1. That Chapter 2, Article VI, Division 11 of The Code of the City of Milton, Georgia, is
hereby amended by deleting the text of Section 2-621 and replacing it with the following text:
The scope of this purchasing policy covers the procurement of all
materials and services without regard to the past method by which
the material or service has been or is customarily procured. The
policy covers all contractual and purchase agreements between the
City of Milton and another legal entity or person. The procurement
function includes the initial agreement/purchase, renewals, changes
and/or re-negotiations. This policy establishes the specific
responsibility and authority for the procurement of materials and
services.
2. That Chapter 2, Article VI, Division 11 of The Code of the City of Milton, Georgia, is
hereby amended by adding a new paragraph (1) to subsection 2-6216(b), and renumbering all
subsequent paragraphs accordingly. The new paragraph (1) shall contain the following text:
Exception for Professional Services. The quotation/bidding
requirements of this subsection (b) do not apply to contracts for
professional services, so long as the anticipated value of such
services is $50,000 or less. The city may, in its sole discretion,
utilize competitive procurement methods in the procurement of
professional services, irrespective of the exemption noted above.
For the purposes of this Division, the term “professional services”
shall mean services requiring the exercise of substantial discretion
and independent judgment, rendered by an individual or firm having
expertise due to advanced, specialized education, training, licensure
or skill customarily acquired either by a prolonged course of study
or equivalent experience. “Professional services” include certified
public accountancy, actuarial services, architecture, landscape
architecture, interior design, licensed or accredited appraising,
licensed or accredited financial analysis providing opinions of
value, professional engineering, veterinary medicine, land
surveying, and law. “Professional services” generally do not
include skilled or licensed trades such as the installation,
maintenance and repair of HVAC, plumbing, electrical wiring, and
vehicles. The purchasing office shall make the final determination
regarding which services are classified as professi onal services.
3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith
are hereby repealed.
4. That this Ordinance shall become effective upon a majority vote by the City Council as
ratified by the Mayor of the City of Milton, Georgia.
SO ORDAINED this 24th day of July, 2017.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(CITY SEAL)
V40
TO:
FROM:
M I LTC) N: 1�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: July 5, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Unilaterally Modifying the Sewer
Service Map Between the City of Milton and Fulton County
Pursuant to the Amended Fulton/Milton Sewer
Intergovernmental Agreement, Referred to as the Fourth
Unilateral Modification.
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: Q4PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4-fES () NO
CITY ATTORNEY REVIEW REQUIRED: (,4ES () NO
APPROVAL BY CITY ATTORNEY: (,kAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
Page 1 of 2
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION UNILATERALLY MODIFYING THE SEWER SERVICE MAP
BETWEEN THE CITY OF MILTON AND FULTON COUNTY PURSUANT TO THE
AMENDED FULTON/MILTON SEWER INTERGOVERNMENTAL AGREEMENT,
REFERRED TO AS THE FOURTH UNILATERAL MODIFICATION
WHEREAS, on January 22, 2014 the Milton City Council ratified the Second Amendment
to Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service By Fulton
County to Certain Property Located within the City of Milton ("Second Amendment to Sewer
IGA");
WHEREAS, in the Second Amendment to Sewer IGA, Fulton County and the City of
Milton agreed that the City of Milton shall have the right to unilaterally modify the sewer service
map with Fulton County;
WHEREAS, the January 22, 2014 amendment allowed the City to unilaterally modify the
sewer delivery boundary and corresponding sewer map without any corresponding approval by
Fulton County, and the boundary so authorized would become the new boundary for which Fulton
County was authorized to provide sewer service within the municipal limits of Milton;
WHEREAS, following entry into the Second Amendment to Sewer IGA, the City of
Milton has undertaken three (3) unilateral modifications. Those modifications occurred on the
following dates:
January 22, 2014 modification
September 22, 2014 modification
March 21, 2016 modification
WHEREAS, the Milton City Council now desires to utilize this authority and authorize a
fourth (4th) unilateral amendment to the existing sewer service map.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MILTON, GEORGIA,
1. That pursuant to the Second Amendment to Sewer IGA, the City Council does
hereby authorize a fourth (4th) unilateral modification to the sewer service map;
2. The City Council hereby reaffirms the sewer service map that was attached as
Exhibit A to the Second Amendment to Sewer IGA, as same was modified by the January 22,
2014, September 22, 2014, and March 21, 2016, unilateral modifications;
3. City staff are authorized and directed to prepare a new sewer service map comprised
of the sewer service map that was attached as Exhibit A to the Second Amendment to Sewer IGA,
Page 2 of 2
along with the previous three unilateral amendments, with the areas that are currently shown as
“orange” being revised to be shown as “blue cross hatched”;
4. This new sewer map is hereby depicted as Exhibit 1:
5. The sewer map identified as Exhibit 1, along with this Resolution, shall be promptly
delivered by City staff to the Fulton County Department of Water Resources and the Fulton County
Manager, and the map so delivered shall be the official sewer service map between Fulton County
and the City of Milton
RESOLVED this 10th day of July, 2017.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
Page is too large to OCR.
as
TO:
FROM:
AGENDA ITEM
MEETING DATE:
MILTON�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: June 30, 2017
Steven Krokoff, City Manager (2)
Consideration of a Resolution to Amend the City's Personnel
Policy Handbook to Include a Maternity Leave Policy.
Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.)APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (eES () NO
CITY ATTORNEY REVIEW REQUIRED: (, i'ES () NO
APPROVAL BY CITY ATTORNEY. (APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: o?lio) toll
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on June 30, 2017 for the July 10, 2017 Regular Council
Meeting
Agenda Item: Consideration of a Resolution to Amend the City’s Personnel Policy
Handbook to Include a Maternity Leave Policy.
____________________________________________________________________________
Department Recommendation:
Approve proposed revisions to the City’s Personnel Policy Handbook to adopt a paid
maternity leave policy.
Executive Summary:
To provide protection to employees who give birth to a child/children by providing 6
weeks of paid leave. Our policy will also allow for modified work assignments for
expectant mothers who are unable to perform their assigned duties.
Funding and Fiscal Impact:
Fiscal impact would be based on potentially having to pay PTO leave to an employee
at termination who may have otherwise used that time following childbirth. Estimated
potential cost is less than $3192 annually.
Alternatives:
Other Council directed action.
Legal Review:
Kayla Van Oosterwyk – Jarrard & Davis 4/17/2017
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Resolution to adopt policy and copy of Maternity Leave Policy.
Page 1 of 3
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION TO ADOPT THE PERSONNEL POLICY OF THE CITY OF MILTON
THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while
in regular session at 6:00 PM on the 10th day of July, 2017 as follows:
WHEREAS, the City of Milton was incorporated upon the passing of the House
Bill 1470 in the 2006 Legislative Session of the Georgia General Assembly; and
WHEREAS, the Mayor and Council are the governing authority of the City of
Milton; and
WHEREAS, the Mayor and Council are charged with the protection of the
health, safety and welfare of the citizens of Milton; and
WHEREAS, on December 5, 2011 the City Council passed an ordinance
allowing the Personnel Policies to be adopted via resolution; and
WHEREAS, the Human Resources Department in conjunction with the City
Manager developed a Maternity Leave Policy that is designed to provide paid time off for
employees who give birth to a child and provide direction on employees who are
pregnant and need a modified duty assignment; and
WHEREAS, upon adoption, staff will incorporate the above policies the City’s
daily operations to effectuate the management of City personnel resources; and
WHEREAS, the City intends to utilize these policies and procedures in all
applications which warrant such oversight.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID
CITY COUNCIL.
By passage of this resolution, the City of Milton Mayor and City Council hereby adopt
the Personnel Polices of the City of Milton.
Page 2 of 3
RESOLVED this 10th day of July, 2017.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
Page 3 of 3
City of Milton
Maternity Leave Policy
Maternity Leave is afforded to all employees pursuant to, and governed by, the
provisions of the Family and Medical Leave Act (“FMLA”) and those provisions set
forth in the following Section.
Full-time employees who have been employed with the City for a period of at least 6
(six) consecutive months, and give birth to a child/children, shall be entitled to Paid
Maternity Leave not to exceed 6 (six) weeks. Such Paid Maternity Leave shall be
provided to the employee to cover absence immediately following childbirth and shall
begin the date of childbirth.
All Maternity Leave, paid or unpaid, shall run concurrent to FMLA Leave. Upon
expiration of Paid Maternity Leave, or for periods of Maternity Leave prior to childbirth,
an employee must utilize any available Paid Time Off to run concurrent to FMLA Leave.
Upon expiration of any Paid Time Off, the remainder of FMLA leave, if any, shall be
unpaid.
Maternity Leave shall begin when the employee is no longer reasonably able to carry out
the duties and responsibilities of her position. Medical certification from a healthcare
provider may be required to support a request for Maternity Leave prior to childbirth.
Time for termination of Maternity Leave shall be at the expiration of FMLA Leave or
Paid Maternity Leave (for eligible employees), whichever is later.
The City will seek to provide modified duty work assignments for all pregnant employees
who are temporarily unable to perform their job duties due to pregnancy. Modified duty
employment opportunities will be considered in all Departments, not just the Department
in which the pregnant employee was working before she requests a light duty assignment.
Modified duty employment opportunities are intended to assist pregnant workers who are
temporarily not able to perform their normal job duties. All modified duty assignments
will be productive. Duties must never be demeaning or appear worthless in any way.
The City will make efforts to retain pregnant employees who need temporary modified
duty in accordance with the Pregnancy Discrimination Act of 1987.
M ILT(-)
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 5, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Subdivision Plat Approval:
Name of Development /
Location
Action
Comments /
# lots
Total
Acres
Density
1. Freemanville Crossing
LL 242 & 243
Final Plat
13 Lots
14.735
.88 Lots / acre
Freemanville Road
2. Edgemont on Main
LL 1 124
Final Plat
18 Lots
2.09
8.6 Lots / acre
North Main Street
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (�,KPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (ANO
CITY ATTORNEY REVIEW REQUIRED: () YES (wO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: n-)«20-1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: Submitted on July 5, 2017 for the July 10, 2017 Regular Council
Meeting
Agenda Item: Consideration of Subdivision Plat Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
New Business Plats Staff Memo
Page 2 of 7
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Freemanville Crossing
LL 242 & 243
Freemanville Road
Final Plat 13 Lots 14.735 .88 Lots / acre
2. Edgemont on Main
LL 1124
North Main Street
Final Plat 18 Lots 2.09 8.6 Lots / acre
New Business Plats Staff Memo
Page 3 of 7
New Business Plats Staff Memo
Page 4 of 7
New Business Plats Staff Memo
Page 5 of 7
New Business Plats Staff Memo
Page 6 of 7
New Business Plats Staff Memo
Page 7 of 7
TO:
FROM:
MILTON')�,
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: June 30, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Waiver of Conflict Regarding Jarrard &
Davis, LLP's Representation of the City of Milton in Connection
with the Issuance of a Legal Opinion Regarding whether the
County can Legally Provide Sewer Service to Certain Parcels
in the City that are in or Near the Boundary of the Manor Golf
and Country Club.
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,4 -APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (u,14ES () NO
CITY ATTORNEY REVIEW REQUIRED: ( YES () NO
APPROVAL BY CITY ATTORNEY: (,,IAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: C>? I ib% Z0l '?
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
1
WAIVER OF CONFLICT
WHEREAS, the City of Milton, Georgia (the “City”) is a municipal corporation of the
State of Georgia; and
WHEREAS, Forsyth County, Georgia (the “County”) is a political subdivision of the State
of Georgia; and
WHEREAS, the City is now, and has been, represented by the law firm of Jarrard & Davis,
LLP; and
WHEREAS, the County is now, and has been, represented by the law firm of Jarrard &
Davis, LLP; and
WHEREAS, Jarrard & Davis, LLP intends to issue a legal opinion (the “Opinion”)
regarding whether the County can legally provide sewer service to certain parcels in the City that
are in or near the boundary of the Manor Golf and Country Club; and
WHEREAS, the City recognizes that Jarrard & Davis, LLP’s representation of the County
and representation of the City in relation to the Opinion could result in the appearance of a potential
conflict of interest; and
WHEREAS, the governing body of the City has considered and consulted with attorney
Ken Jarrard regarding the issue, been informed of the potential for conflicts or competing interests
between the County and the City related to the Opinion and risks associated with same, considered
the alternative of obtaining independent representation in this matter, and had the opportunity to
consult with independent counsel; and
WHEREAS, the law firm of Jarrard & Davis, LLP will continue to represent the County
and the City;
NOW THEREFORE, in light of the above, the governing body of the City of Milton,
2
Georgia does hereby waive any actual, apparent, or potential conflict of interest arising from or
attributable to JARRARD & DAVIS, LLP’S simultaneous representation of the County and the
City regarding preparing and issuing the Opinion.
This ______ day of _________________ 2017.
CITY OF MILTON, GEORGIA
BY:__________________________________________
Joe Lockwood, Mayor
I'l --'(
) N
l ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: Jul 5, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Waiver of Conflict Permitting Jarrard &
Davis, LLP to Advise Regarding Services Contract with Pond &
Company.
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (44PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (�ES () NO
CITY ATTORNEY REVIEW REQUIRED: (y4ES () NO
APPROVAL BY CITY ATTORNEY: (�PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: oI/ro/Z019
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
1
WAIVER OF CONFLICT
WHEREAS, the City of Milton, Georgia (the “City”) is a municipal corporation of the
State of Georgia; and
WHEREAS, Pond & Company (“P&C”) is a business incorporated in the State of Georgia;
and
WHEREAS, the City is now, and has been, represented by the law firm of Jarrard & Davis,
LLP; and
WHEREAS, P&C is now, and has been, working alongside the law firm of Jarrard &
Davis, LLP on certain matters unrelated to the City; and
WHEREAS, the City and P&C desire to enter into an agreement (the “Agreement”) for
services which are generally described as concept design for intersection improvements at
Hopewell Road and Bethany Bend/Bethany Way/Bethany Oaks Pointe, and intersection
improvements at Mayfield Road and Charlotte Drive with a new roadway connection from
Mayfield at Charlotte to SR 372/Birmingham Highway at Heritage Walk/McFarlin Lane;
WHEREAS, the City recognizes that Jarrard & Davis, LLP’s representation of the City in
connection with the Agreement and its collaboration with P&C on unrelated work could result in
the appearance of a potential conflict of interest; and
WHEREAS, the governing body of the City has considered and consulted with attorney
Ken Jarrard regarding the issue, been informed of the potential for conflicts or competing interests
between the City and P&C related to the Agreement and risks associated with same, considered
the alternative of obtaining independent representation in this matter, and had the opportunity to
consult with independent counsel; and
WHEREAS, the law firm of Jarrard & Davis, LLP will continue to represent the City in
2
connection with the Agreement;
NOW THEREFORE, in light of the above, the governing body of the City of Milton,
Georgia does hereby waive any apparent or potential conflict of interest arising from or attributable
to JARRARD & DAVIS, LLP’S representation of the City regarding the Agreement and its
simultaneous collaboration with P&C on unrelated matters.
This 10th day of July 2017.
CITY OF MILTON, GEORGIA
BY:__________________________________________
Joe Lockwood, Mayor
I
I. -TO
MI N')�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 5, 2017
FROM: Steven Krokoff, City Manager (0
AGENDA ITEM: Consideration of a Resolution of the City of Milton Authorizing
the Appointment of Conflict Counsel
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (%,�APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO
CITY ATTORNEY REVIEW REQUIRED: (-YES () NO
APPROVAL BY CITY ATTORNEY: (.APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 07i'6/?car ?
2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
Page 1 of 2
STATE OF GEORGIA RESOLUTION NO. ___________
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON AUTHORIZING
THE APPOINTMENT OF CONFLICT COUNSEL
WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative
power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property,
affairs, and local government; and
WHEREAS, Jarrard & Davis, LLP is the City Attorney for the City of Milton, Georgia;
WHEREAS, Jarrard & Davis, LLP has identified a potential conflict of interest with
respect to representing the City of Milton in the case Fulton County Tax Commissioner, Arthur
Ferdinand, et al v. Drive Time Car Sales Company, LLC, et al; CAFN: 2017CV290578; Superior
Court of Fulton County; and,
WHEREAS, Jarrard & Davis, LLP is requesting that the City Council authorize Jarrard &
Davis, LLP to select conflict counsel to provide said legal services; and,
WHEREAS, the City Council believes it is appropriate and in the best interest of the City
to authorize Jarrard & Davis, LLP to appoint conflict counsel, and for said conflict counsel to
charge the same hourly rate as Jarrard & Davis, LLP.
THEREFORE, IT IS HEREBY RESOLVED;
That Jarrard & Davis, LLP is hereby authorized to appoint Richard Carothers, Esq., to
represent the interests of the City of Milton in the case Fulton County Tax Commissioner, Arthur
Ferdinand, et al v. Drive Time Car Sales Company, LLC, et al; and,
The counsel so appointed shall provide services at the same hourly rate as Jarrard & Davis,
LLP.
The public health, safety, and welfare demanding.
Page 2 of 2
So approved this 10th day of July, 2017.
Approved:
__________________________________
Joe Lockwood, Mayor, City of Milton
__________________________________
Karen Thurman, District 1, City of Milton
__________________________________
Matt Kunz, District 2, City of Milton
__________________________________
William C. Lusk, District 2, City of Milton
__________________________________
Burt Hewitt, District 1, City of Milton
__________________________________
Joe Longoria, District 3, City of Milton
__________________________________
Rick Mohrig, District 3, City of Milton
Attest:
______________________________________
Sudie Gordon, Clerk, City of Milton
Seal:
TO:
FROM:
MILTONIt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: June 30, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Construction Services Agreement
between the City of Milton and Superior Arbor Management,
Inc. for Tree Removal for 14390 Hopewell Road.
MEETING DATE: Monday, July 10, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,�-APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (�S () NO
CITY ATTORNEY REVIEW REQUIRED: LjX s () NO
APPROVAL BY CITY ATTORNEY: (PROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 071161101
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Matthew Fallstrom- Capital Projects Manager
Date: Submitted on June 28th for the July 10th Regular City Council
Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton and Superior Arbor Management, Inc. for the Removal of
Trees from the City’s Right of Way to Improve Sight Distance
_____________________________________________________________________________________
Project Description: The city received a complaint from the property owner located at
14390 Hopewell Road regarding the limited sight distance at the intersection of their
driveway and Hopewell Road due to a number of existing trees located within the right
of way. The attached opinion from our legal department indicates that the city should,
to the extent that we can, take action to improve this situation. Following the advice of
our legal council three bids were solicited from tree contractors for the removal of trees
to improve the sight distance at this location. The contract is structured to allow the
Public Works Department the opportunity to selectively remove the trees and to
remove only those trees necessary to provide adequate sight distance at the driveway.
Procurement Summary:
Purchasing method used: 3 Written Quotes ($5,000-$49,999)
Account Number: 100-4101-541400005
Requisition Total: $ 17,250.00
Vendor DBA:
Other quotes or bids submitted (vendor/$):
Vendor/Firm Quote/Bid
Superior Arbor Management $17,250.00
Acorn Tree Care $19,700.00
Freeman Tree Care $31,850.00
Financial Review: Bernadette Harvill, 6/28/17
Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 5/25/17
Attachment(s): Construction Services Agreement.
Legal Memorandum from Jarrard & Davis, LLP.
HOME OF '
L11AliLU11LU 1007
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
Tree Removal for 14390 Hopewell Road
This Construction Services Agreement (the "Agreement') is made and entered into this j(; day of ,Mcty 201-1 (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, located at 2006 Heritage Walk. Milton,
Georgia 30004 (hereinafter referred to as the "City"), and Superior Arbor Management, Inc., a Georgia Corporation,
having its principal place of business at P.O. Box 69 Dawsonville, Georgia 30534 (hereinafter referred to as the
"Contractor"), collectively referred to herein as the "Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and
WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below)
and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below).
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. Scope of Work, attached hereto as "Exhibit A";
B. Insurance Certificate, attached hereto as "Exhibit B";
C. Contractor Affidavit, attached hereto as "Exhibit C":
D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and
E. City of Milton Code of Ethics (codified in the official Code of the City of Milton).
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.
Section 2. The Work: A general description of the Project is as follows: removal of trees in the right of way to
improve sight distance at 14390 Hopewell Road, Milton, Georgia 30004 (the "Project'). 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 A", 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 teen -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.
Section 3. Contract Term: Termination: Contractor understands that time is of the essence of this Agreement and
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be
specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within 10 business days
of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any
Construction :`+cl'\ Icc,� \ Cccllicill N cr'Jon 1.0
time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's
breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein.
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall
require a written change order executed by the City in accordance with its purchasing regulations.
Section S. Compensation and Method of Payment: The total amount paid under this Agreement as compensation
for Work performed and reimbursement for costs incurred shall not, in any case, exceed $17,250.40 ("Contract Price"),
except as outlined in Section 4 above. The compensation for Work performed shall be based upon per tree price, and
Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this
Agreement. Contractor shall take no calculated risk in the performance of the Work_ Specifically, Contractor agrees that
in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles
of Contractor's industry, Contractor will give written notice thereof immediately to the City.
City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that
the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be
made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall
be paid to Contractor upon the City's receipt and approval of an invoice 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. An invoice shall be submitted at the completion of the Work, and such invoice 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, as appropriate) procured by the Contractor from all subcontractors in accordance with
O.C.G.A. § 44-14-366.
Section 6. Covenants of Contractor:
A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to
the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by
this Agreement. 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. Expertise of Contractor- 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 City will not, and need not, inquire into
adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the
acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for
adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards.
C. 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.
Construction Services Agreement j Version 1.0
D. Contractor's Representative; Meetings. Ixl_ --r4tG shall be authorized to act on
Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's
personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this
Agreement at no additional cost to City.
E. 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. 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 and payment of subcontractors,
agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other
regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise
a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with
regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither
has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless
otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the
City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized.
in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall
assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express
knowledge and prior written consent of the City.
F. Resnonsibilih, of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all
responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages
directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant
to this Agreement. Contractor shall defend, indemnify, and hold harmless the City 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 a 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 negligent 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.
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.
G. insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance
of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by
reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements
specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella
policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its
insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its
officials, employees or agents are named as additional insureds.
H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of, this Agreement, .without the prior express written consent of the City.
1. Employment of Unauthorized Aliens Prohibited — E-VeKft� 4ffidiri,it. Pursuant to O.C.G.A. 5 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 "C" and "D"
(affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. S 16-10-71), that
<'OINFUL£iuil '�+crA ices
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 C", and submitted such affidavit to City or provided the City with evidence that it is not
required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2)
above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control
Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-] 0-1-02.
hl the event the Contractor 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 D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that
the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in
subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City
within five (5) business days of receipt. 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.
Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only
required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.]
500 or more employees.
100 or more employees.
Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with
this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category
that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal
law, and shall be construed to be in conformity with those laws.
J. 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.
K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all
diplomas, certificates. Iicenses, 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. The Contractor
shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or
customarily secured for proper execution and completion of the Work.
L. Authority to Contract. The individual executing this Agreement on behalf of 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.
M. 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 ("Materials") shall
be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed
by the City. 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.
('01IstRIC0011 SCiv ices : rrcmcnt V'Crsii,n 1.0
N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S-C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during
performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against
any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin,
gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall
include the provisions of this paragraph in every subcontract for services contemplated under this Agreement.
Section 7. Final Proiect Documents- Warranty: Prior to final payment. Contractor shall deliver to City copies of
any as -built drawings, operations, and maintenance manuals, and any outer pertinent documents relating to the construction
and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace a]I defects
in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to
the City.
Section 8. Miscellaneous:
A. Complete Asreement- Counterparts• Third Party Rights. 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. 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. 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.
B. Governing Law; Business License; Proper Execution. 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. 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. During the Term
of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no
such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary
standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local taws,
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. § 50-15-70, et seq.).
C. Notices, All 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 first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
D. Waiver: Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one
specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be
construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities.
E. Agreement Construction and Interpretation; Invalidity of Provisions- Severability. Contractor represents that it has
reviewed and become familiar with the Contract Documents, the nature and extent of 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. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the
Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the
Contractor. 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. Should any
Construction Services Agreement f Version 1.0
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.
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective
Date first above written.
CITY OF MILTON, GEORGIA
Signature:
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
By:
Its: City Clerk
Approved as to form:
CONTRACTOR:
0
PresidentR e President (Corporation)
General Partner (Partnership/Limited Partnership)
Member/Manager (LLC)
Owner (Sole Proprietorship/Individual)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
By: i 1Gc, (_,OS+4ett
Its: eoroj(zrt
((Assistant) Corporate Secretary if corpora ion)
City Attorney
Collsiruction Sel C' ".
iii -M .IE:
Hopewell Road Tree Trimming and Removal
14390 & 15749 Hopewell Road
BIDS DUE May Sth, 2017 BY S:00 PM
General Description of Proiect Scope: Contractor to bid on the following scope. Contractor is required to
visit the site prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates
and coordination of all work.
The general scope of work will consist of removal of a minimum of 10 large pine trees located in the right of
way at 14390 Hopewell Rd_ The contractor will cut down, chip and haul off the trees. The trees are marked
with colored tape. The Pine tree located at 15749 Hopewell Rd has had some damage to the top of the
free and that damage will need to be trimmed and removed_
Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and
any damages to any property. Contractor will replace in kind all damages on impacted properties.
The undersigned, as bidder, declares and represents that it has examined the site of the work and informed
himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed,
including those conditions affecting the cost of the work and the delivery, handling and storage of
materials and equipment. The bidder has examined and read the Bidding Document and has satisfied
himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is
required to be performed and that the bidder is willing and able to perform all of the work necessary. The
bidder further certifies that no additional information is required to complete the work encompassed by this
bid within the cost and schedule established and agreed upon within this bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all
construction labor, materials, equipment, products, transportation, and other facilities and services as
necessary and/or required to execute and complete the work in full in accordance with the scope of work
provided to the full satisfaction of the city.
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE
USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60)
days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at
any time. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A
separate signed bid document is acceptable in lieu of the below form.
14390 Hopewell Rood Bid. Amounfi:' -�
(Dollar Amount in Numbers)
r�r or Ai-bor
(Companf Nam )
{Signa e)
ionr i !+ i7C� �OST��
(Printed Name)
75749 Hopewell: Road &d 'Amount
�i
(Dollar Amount in Numbers) r
r
a y Name)
re
�ti'tiloTN (,t�Ct.`Yfirc, : -��Lc"
(Printed Name)
Page 2 of 8
1.0 General Conditions
a) Construction activity within 1000 feet on an occupied residence will be allowed Mon_ Fri. between
the hours of 7:30 AM and 7:30 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity
more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of
7:00 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM.
b) Contractor must notify the City of Milton (678) 242-2558, twenty-four (24) hours prior to beginning
construction.
c) Burial of materials is not permitted within the City of Milton. All tree debris within the work area shall
be properly disposed of by the contractor.
d) The contractor is responsible for any damaged property which occurs as a result of this project. The
contractor shall replace any damaged property at his own expense. Insurance requirements are
included in the insurance Exhibit.
2.0 Materials, Equipment and Employees
a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation,
materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the
completion of his work, and shall install, maintain and remove all equipment, other utensils or things,
and be responsible for the safe, proper and lawful construction, maintenance and use of some, and
shall construct in the best and most workmanlike manner, a complete job and everything incidental
thereto, stated in the specifications, or reasonably implied there from, all in accordance with the
contract documents.
b) No changes shall be made in the Worts except upon written approval and change order of the city.
c) if at any time during the completion of the worts covered by these contract documents, the
conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any
workman be considered detrimental to the work, the Contractor shall order such parties removed
immediately from the site.
d) The contractor shall designate a foreman/supe(ntendent who shall direct the work.
3.0 utilities
a) The contractor shall be required to coordinate and manage any and all utility locates within the
scope of this project.
4.0 Performance
a) The contractor will adhere to all current State and Federal construction safety regulations, including
OSHA regulations. The Contractor will conform to Mt1TCD and the State of Georgia Department of
Transportation standards for traffic control. The Contractor must maintain a safe work zone for their
employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by
the City of Milton Department of Public Works (MDPW).
5.0 Safety Requirements
a) The Contractor shall be responsible for the entire site and the construction of the same and provide
all the necessary protections as required by laws or ordinances governing such conditions and as
required by the Owner or Designer. He shall be responsible for any damage to the Owner's property
or that of others on the job, by himself, his personnel or his subcontractors, and shall make good
Page 3 of 8
such damages. He shall be responsible for and pay for any claims against the Owner arising from
such damages.
b) The Contractor shall provide all necessary safety measures for the protection of all persons on the
work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade
excavations and similar hazards. He shall protect against damage or injury resulting from falling
materials and he shall maintain all protective devices and signs throughout the progress of the work.
6.0 Codes, Permits and Inspections
a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all
laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this
contract. If the Contractor observes that the drawings and specifications are at variance therewith,
he shall promptly notify the Designer in writing. If the Contractor performs any work knowing it to be
contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the
Owner, he shall bear all cost arising there from.
7.0 Clean Up
a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times
and shall remove debris from the site from time to time or when directed to do so by the Owner.
Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the
sites, and completely prepare the project and site for use by the Owner.
8.0 Schedule
a) Project shall start within 3 week of date of award and be completed in satisfactory manner, as
deemed by MDPW, within 2 weeks from date of award, with final inspection scheduled within 3
weeks from the date of award.
Page 4 of 8
Insurance Exhibit
(1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this
Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the Work by the Contractor, its agents, representatives,
employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage
and limits no less than:
(a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability
policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of
property, including loss of use resulting therefrom, damage for premises/operations, products/completed
operations, independent consultants and contractual liability (specifically covering the indemnity), broad -form
property damage, and underground, explosion and collapse hazard. This coverage may be achieved by
using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made"
coverage is not acceptable).
(b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive Commercial Automobile Liability coverage including bodily and
personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting
therefrom.
(c) Demolition Contractor's Liability insurance: $1,000,000 (one million dollars) limit for claims arising out of
demolition and caused by the Contractor's errors, omissions, or negligent acts. (d) Workers' Compensation and
Employers Liability: Workers' Compensation limits as required by the State of Georgia and Employers Liability
limits of $1,000,000 (one million dollars) per occurrence or disease.
(e) Commercial umbrella liability Coverage: $2,000,000 (two million dollars) 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 Demolition Contractor's 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.
Page 5 of 8
(4) Other Insurance Provisions: The policy shall contain, or be endorsed to contain, the following provisions:
(a) General Liability, Automobile Liability, Demolition Contractor's Liability and Umbrella Liability Coverage:
(i) Additional Insured Requirement. The City and its elected and appointed officials, officers, boards,
commissions, 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 Contractor's insurance and shall not
contribute with it.
(iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided.
(v) Defense Costs/Cross liability. Coverage shall be provided on a "pay on behalf" basis, with defense
costs payable in addition to policy limits. There shall be no cross liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for
losses arising from Work performed by the Contractor for the City.
(vii) Endorsements. All endorsements to policies shall be executed by an authorized representative of the
insurer.
(b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the
Insured Parties for losses arising from Work performed by the Contractor for the City.
Page 6 of 8
(c) All Coverages:
(i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(iii) Policies shall include an endorsement incorporating the
Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not
limited to Section 7(I) of this Agreement.
(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 insurers with an A.M. Best Policyholder's rating of no less than "A-" and with a
financial rating 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 prescribed form.
(6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and
endorsements to the policies evidencing all coverage required by this Agreement along with the declarations
page for each insurance policy listed on the certificate of insurance prior to submission of this Agreement to the
City for execution and must be approved by the City before commencement of the 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 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 certificates of
insurance, endorsements and declarations page shall be furnished on a form utilized by Contractor's insurer in
its normal course of business. The City reserves the right to require complete, certified copies of all required
insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been
renewed or replaced at least two (2) weeks prior to the expiration of the coverage.
(7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be
subject to all of the requirements stated in this Agreement, including but not limited to naming the 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 date of the Contractor's initial contract date with the City.
Page 7 of 8
(9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss
payee on all policies required by this Agreement.
Page 8 of 8
Superior Arbor Management Inc.
May 5, 2017
City of Milton
Attention: Matthew Fallstrom
2006 Heritage Walk
Milton, GA 30004
To Mr. Falistrom:
Superior Arbor Management, Inc. proposes to perform the following services at the address
below:
14390 Hopewell Rd.
Milton, GA
1) Tree removal, I I trees leftleast side of driveway. $9,500
2) Tree removal, five trees right/west side of driveway. $5,700
3) Traffic control — left/east side of driveway, add $1,200
4) Traffic control - right/west side of driveway, add $ 850
(*Note- *Average cost per tree for removal to add or subtract from bid - $975)
15749 Hopewell Road
Milton, GA
1) Pruning of broken top from 38" Pine. $1,750
2) Traffic control. (N/A)
Please call me directly if you have any questions or concerns at (770) 294-1012.
Sincerely,
- X
hnothy W. Costley
President
ISA Certified Arborist #S4 -1925A
P.U. Box 69 x Dawsonville, GA 30534 * (706) 265-6336
1s11'i a'
INSURANCE CERTIFICATE
'4�- ® CERTIFICATE OF LIABILITY INSURANCE
DATE(MMroD/
X COMMERCIAL GENERAL LIABILITY
7/25/201616
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCERCoCOMTACT
Risk & Insurance Consultants, Inc
5416 Glenridge Drive
ECelly fiillyer
PHONE (404)459-5975 FAX (404) 959-5976
(AJC No :
EMAIL
ADai-Ess: khillyer@riski nsuranceco _ com
INSU S) AFFORDING COVERAGE NAIL #
Atlanta GA 30342
INSURERA:American Resources Insurance 41300
INSURED
Superior Arbor Management, Inc
PO Box 69
INSURERS:
INSURER C:
INSURER D -
INSURER E:
Dawsonville GA 30534
INSURER F:
ISCYIJ/VM IVUmt3r-K:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_
INSR
LTR ADDL 3UBR TYPE OF INSURANCE t POLICY NURSER M iD Y EFF POLICY EXP JIMMIDONYrn LIMITS
X COMMERCIAL GENERAL LIABILITY
A
CLAIMS -MADE [i] OCCUR
EACH OCCURRENCE $ 1,000,000
—15A—MAGE T —RET—ED
PREMISES Ea occurrence $ 300,000
CPB02431
8/22/2016
8/22/2017
MED EXP (Any one person) $ 10,000
PERSONAL &ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY 0 JET F-1 LOC
GENERAL AGGREGATE S 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER:
Errors & Omissions $
A
AUTOMOBILE
X
LIABIUTY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS NON -OWNED
AUTOS
BAS02430
8/22/2016
8/22/2017
COMBINED SINGLE LIMIT $
Ea accident 1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
Per accident $
motorist combined $ 1,000,000
EACH OCCURRENCE $ 1,000,000
A
A
X
UMBRELLA LIAB XUninsured
OCCUR
FJCCESSLIAB CLAIMS -MADE
N/A
XLB02433
WCB02432
8/22/2016
8/22/2016
8/22/2017
8/22/2017
AGGREGATE $ 1,000,000
DED I X I RETENTION$ 10 000
WORKERS COMPENSATION
AND EMPLOYERS' UASIUTY ,, / N
ANY PROPRIETOR/PARTNER/EX---I.
OFFICER/MEMBER EXCLUDED? �
(Mandatory in NH►
If yes, describe under
$
X STATUTE EORH _
E.L. EACH ACCIDENT $ 1 000 000
E.L DISEASE - EA EMPLOYE $ 1,000,000
DESCRIPTION OF OPERATIONS below
E.L DISEASE - POLICY LIMIT $
_1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks SchedLde, may be attached it more space is required)
f C�TILIl�ATc uflr tlrrf _
City of Milton Georgia
13000 Deerfield Parkway
Suite 107F
Milton, GA 30004
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
eve Molina/JAYNES-- �--r�
O 198$-2014 ACORD CORP0RATInN ®il rinhfc rnca —A
AL;UKU 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 nmami
ADDITIONAL COVERAGES
Ref #
Description
Medical payments
Coverage Code
MEDPM
Form No.
Edition Date
Limit 1
5,000
Limit 2
Limit 3
Deductible Amount
Deductible Type
Premium
Ref #Description
Underinsured motorist combined single limit
Coverage Code
UNCSL
Form No.
Edition Date
Limit 1
1,000,000
Limit Z
Limit 3
unt
Deductible Type
Premium
Ref #
Description
Deductible Mod Factor
Coverage Code
QEDFC
Form No.�Ed�ltionte
Limit 1
Limit 2
Limit 3
Deductible Amount
Deductible Type
Premium
-$459.00
Ref #
Description
Expense constant
Coverage Code
EXCNT
tForm Na.
Edition�Date
Limit 1
Limit 2
Limit 3
Deductible Amount
Deductible Type
Premium
$150.00
Ref #
Description
Premium discount
Coverage Code
PDIS
Form No.
Edition Date
Limit 1
limit 2Limit
3
Deducti�An-wunt
Deductible Type
Premium
-$894.00
Ref #
Description
Increased employer's liability
Coverage Code
INEL
Form No.
Edition Date
Limit 1
Limit 2Deductible
�Umiftt
Amount
Deductible Type
Premium
$183.00
Ref #
Description
Drug Free Credit
Coverage Code
DRUGF
Form No.
Edition Date
Limit 1
limit Z
Limit 3
Deductible Amount
Deductible Type
premium
-$1,479.00
Ref #
Description
Experience Mod Factor 1
Coverage Code
EXP01
Form No.
Edition Date
Limit 1
Limit 2
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Deductible Type
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-$Z,s4s.00
Ref #
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Form Na.
Edition Date
Limit 1
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Deductible Type
Premium
Ref #
Description
Coverage Code
Form No.
Edition Date
Limit 1
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Deductible Type
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Ref #
Description
Coverage Code
Form No.
Edition Date
Limit 1
Limit 2
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Amount
Deductible Type
Premium
[!FADTLCV Copyright 2001, AMS Services, Inc.
"E.310M T C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(b)(1)
STATE OF `� 1-
COUNTY OF r
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of
services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal
work authorization program commonly known as E -Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the
undersigned contractor will continue to use the federal work authorization program throughout the contract
period, and the undersigned contractor will contract for the physical performance of services in satisfaction of
such contract only with subcontractors who present an affidavit to the contractor with the information required
by O.C.G.A.§ 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of authorization
are as follows:
341(0 -Ig E ✓e2,Fy
Federal Work Authorization User Identification
Number
D��Q,SJ�c/O
Date of Authorization
Superior Arbor Management Inc.
Name of Contractor
Tree Removal 14390 Hopewell Road
Name of Project
City of Milton. Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on 0-'A c�'? . 201-7 in
�aw3o-w6 l( e- (city),Al te).
Siof Authorized Officer gent
r *, "
rlrnout
Printed Name and Title of Autho zed Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ;; Y""' DAY OF
,201
NOTARY PUBLIC
My Commission Expires: 0141111101��
ER i,
c� LZ. S%1-0 4
to:
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#*#$a$still
KEN E. JARRARD*
ANGELA E. DAVIS
CHRISTOPHER J. HAMILTON
MEGAN N. MARTIN
--------------------------
PAUL B. FRICKEY
KENNETH P. ROBIN
SARAH VANVOLKENBURGH†
G. AARON MEYER
Limited Liability Partnership
105 Pilgrim Village Drive, Suite 200
Cumming, Georgia 30040
TELEPHONE: 678.455.7150
FACSIMILE: 678.455.7149
SARAHV@JARRARD-DAVIS.COM
* Also Admitted in Tennessee
† Also Admitted in Illinois and California
◊ Also Admitted in Wisconsin
JESSE A. VAN SANT
JEFFREY J. COSTOLNICK
MOLLY N. ESSWEIN
SAM P. VANVOLKENBURGH ◊
JEFFREY M. STRICKLAND
--------------------------
OF COUNSEL:
LARRY W. RAMSEY, JR.
ELIZABETH M. WHITWORTH
MEMORANDUM
To: Ken Jarrard
From: Sarah VanVolkenburgh
Date: September 3, 2016
Subject: Tree Maintenance Within City of Milton Right of Way
QUESTION PRESENTED
A City of Milton resident recently voiced concern about safely exiting her driveway
where mature trees growing on City right of way limit her sight distance. This resident’s
driveway enters the street on the inside of a curve such that she is unable to see o ncoming traffic
from either direction easily, and the presence of mature trees exacerbate the resident’s visibility
issues. The City possesses various means of addressing this problem, including removing the
trees in question, but the City would prefer to preserve mature trees if at all possible. Thus, the
City has inquired into its liability if these trees limit sight visibility to such a degree as to cause
or contribute to an accident.
SHORT ANSWER
The City must maintain its streets and adjacent right of way in good repair, which
includes maintenance of trees and other objects located on City property. Once the City has
notice of a potential safety concern caused by trees on its property that limit sight distance, the
City should act promptly to redress the issue. If the City fails to correct such a defect, the City
may face a claim that it failed to fulfil its ministerial duty to keep city streets in good repair.
Further, the City may potentially face claims for maintaining a nuisance. So long as the City can
resolve the sight distance issue by some means other than removing mature trees, it may pursue
such an option. However, the City should be prepared to remove mature trees if the safety of its
residents permits no alternative.
JARRARD & DAVIS, LLP
Page 2 of 3
DISCUSSION
As a general matter, municipalities like the City of Milton have a duty to maintain city
streets. O.C.G.A. § 32-4-91(a) (“A municipality shall . . . maintain an adequate municipal street
system and shall have control of and responsibility for all . . . maintenance, or other work related
to the municipal street system.”). Further, “municipalities generally have a ministerial duty to
keep their streets in repair, and they are liable for injuries resulting from defects after actual
notice, or after the defect has existed for a sufficient length of time for notice to be inferred.”
Roquemore v. City of Forsyth, 274 Ga. App. 420, 423, 617 S.E.2d 644 (2005). By contrast, a
municipality enjoys sovereign immunity for defects in its streets where the municipality has not
negligently constructed or maintained the street, or so long as the municipality has no actual
notice of a defect “or when such defect has not existed for a sufficient length of time for notice
thereof to be inferred.” O.C.G.A. § 32-4-93.
Liability for known (or discoverable) street defects extends to unpaved areas of city right
of way, including portions of city right of way upon which trees are located. See City of
Fitzgerald v. Caruthers, 332 Ga. App. 731, 733-34, 774 S.E.2d 777, 779-80 (2015) (explaining
that defects to city streets may include objects adjacent to or suspended over the street and
confirming that a municipality, like any property owner, has a duty to inspect trees located on its
property for obvious defects). See also Ga. Dep’t of Transp. v. Smith, 314 Ga. App. 412, 416,
724 S.E.2d 430, 434 (2012) (same), overruled on other grounds by Rivera v. Washington, 298
Ga. 770 (2016). In City of Fitzgerald v. Caruthers, a city employee sued the City of Fitzgerald
after a decayed tree limb fell from a tree growing on city property, seriously injuring him. City
of Fitzgerald, 332 Ga. App. at 732, 774 S.E.2d at 778. Although rotten tree limbs present a
different hazard than trees that diminish sight distance, the case of City of Fitzgerald v. Caruthers
demonstrates that a municipality may face liability pursuant to O.C.G.A. § 32-4-93 for trees
growing within city right of way.
Here, a City resident has advised the City’s Public Works Department that she has
difficulty exiting her driveway, and a member of the Public Works Department concluded that
trees growing on the City’s right of way contribute to the resident’s visibility i ssues. Thus, the
City will likely be found to have actual notice of a defect (or at least a potential defect) in the
safety of its streets. If the resident or some third party is injured as a result of obstructed sight
distance caused by the trees, the City may face claims that it failed to fulfill its ministerial duty to
maintain city streets in a safe condition in accordance with O.C.G.A. § 32-4-91.
Additionally, municipalities may be liable for injuries resulting from the creation or
maintenance of a nuisance. Hibbs v. City of Riverdale, 267 Ga. 337, 337, 478 S.E.2d 121, 122
(1996) (citing Thomasville v. Shank, 263 Ga. 624, 437 S.E.2d 306 (1993)). Although a nuisance
theory of liability presents a different theory of liability than the negligent performance of a
ministerial duty to maintain city streets, trees growing within city right-of-way that obstruct a
driver’s view could potentially be characterized either a defect in city streets or as a nuisance.
Indeed, courts have found that a municipality may be liable for creating or maintaining a
nuisance where the municipality’s landscaping obstructs a clear view of a public road. See
JARRARD & DAVIS, LLP
Page 3 of 3
Fortner v. Town of Register, 278 Ga. 625, 627, 604 S.E.2d 175, 178 (2004). In Fortner v. Town
of Register, the plaintiff alleged that the Town of Register had negligently failed to cut back
overgrown landscaping the city had placed on a railroad right of way, obstructing the view of
plaintiff’s husband, who was killed while attempting to drive over a rail crossing. Id. at 625.
Specifically, the plaintiff in Fortner v. Town of Register argued that the town had
violated O.C.G.A. § 32-6-51(b), which makes it unlawful “to erect, place, or maintain in a place
or position visible from any public road any unauthorized . . . structure which,” among other
things, “[o]bstructs a clear view from any public road . . .” or “interferes with the vision of
drivers of motor vehicles.” While trees may certainly constitute a “structure” under the language
of the statute, 278 Ga. at 627, it is questionable whether O.C.GA. § 32-6-51(b) could be used to
support a nuisance claim under the facts of this case. A violation of the statute requires that the
trees be “unauthorized,” which the Georgia Supreme Court has construed to mean “not only the
placement or maintenance of structures which are prohibited by some statute, code, or local
ordinance, but also those which lack any governmental authorization.” Id. at 628. In contrast to
the landscaping in Fortner v. Town of Register, where the town had placed landscaping an
another entity’s property (a railroad’s), the trees in question here are on city right of way. Thus,
it would be difficult for a plaintiff to argue that these trees were somehow “unauthorized” by the
City. In spite of the likely inapplicability of O.C.G.A. § 32-6-51(b), however, Fortner v. Town
or Register demonstrates the City’s potential liability to a nuisance claim if it fails to take action.
Regardless of the theory of liability, the City may preserve its sovereign immunity by
ameliorating the resident’s driveway sight distance. In this regard, Section 48-412 of the Milton
City Code and its associated Table 8 prescribe sight distance criteria based on the speed limit and
number of lanes on the city street. While removing the trees that obstruct the resident’s view is
certainly an option, the City might also consider alternatives, such as relocating the resident’s
driveway to a location that has clear views of oncoming traffic.
CONCLUSION
Where trees growing on City right of way obstruct a resident’s sight distance from her
driveway, the City faces possible claims that it has failed to safely maintain its streets in
violation of O.C.G.A. § 32-4-93 or that by permitting the trees to remain, it is maintaining a
nuisance. As the resident has complained to the City about her limited sight distance and the
City’s Department of Public Works has concluded that the trees are obstructing the resident’s
view, the City has notice of the potential defect or nuisance, and thus the City would have a
difficult time arguing that it was unaware of the possible danger posed by the trees. To preserve
its sovereign immunity (and to mitigate the possibility of a claim in the first place), the City
should take steps to expand the resident’s line of sight from her driveway to a safe distance.
While the City is understandably hesitant to remove mature trees like those in question, the City
should carefully weigh the risk of liability against the monetary and aesth etic cost of tree
removal. If an alternative solution would permit the resident to safely exit her property (e.g., by
relocating the driveway), the City may pursue such an option.