HomeMy WebLinkAboutAgenda Packet - CC - 08/20/2018
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Matt Kunz
Laura Bentley
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, August 20, 2018 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Father Reginal d Simmons, St. Aidan’s Episcopal Church,
Milton, Georgia
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 18-234)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 20, 2018
Page 2 of 4
6) CONSENT AGENDA
1. Approval of the August 6, 2018 Regular City Council Meeting Minutes.
(Agenda Item No. 18-235)
(Sudie Gordon, City Clerk)
2. Approval of the August 6, 2018 Special Called City Council Meeting
Minutes.
(Agenda Item No. 18-236)
(Sudie Gordon, City Clerk)
3. Approval of the August 13, 2018 Special Called City Council Meeting
Minutes.
(Agenda Item No. 18-237) (Sudie Gordon, City Clerk)
4. Approval of a Professional Services Agreement between the City of Milton
and Universal Engineering Services, Inc. for the Geotechnical Services of
the Milton Public Works Maintenance Building and Milton Fire Storage
Building Sites.
(Agenda Item No. 18-238)
(Carter Lucas, Assistant City Manager)
5. Approval of a Construction Services Agreement between the City of
Milton and Superior Fence of Georgia, LLC for State Highway 372 &
Heritage Walk Roundabout Sidewalk Fencing.
(Agenda Item No. 18-239)
(Carter Lucas, Assistant City Manager)
6. Approval of the following Subdivision Plat:
Name of Development /
Location Action Comments
/ # lots
Total
Acres Density
1. Michael E. Gumprecht
LL 959 & 960
13475 Bethany Road
Combo
Plat 1 lot 5.82 .17 Lots / acre
(Agenda Item No. 18-240)
(Carter Lucas, Assistant City Manager)
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Milton High School Girls’ Lacrosse Team Day.
(Councilmember Matt Kunz)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 20, 2018
Page 3 of 4
8) FIRST PRESENTATION
1. Consideration of an Ordinance of the City of Milton, Chapter 56, Article IV,
Revise and Update Truck Weight and Length Restrictions on City Roads, to
Designate Truck Routes, and for Related Purposes.
(Agenda Item No. 18-241)
(Rich Austin, Police Chief & Carter Lucas, Assistant City Manager)
(Discussed at August 13, 2018 City Council Work Session)
9) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Consideration of the Issuance of an Alcohol Beverage License to Milton
Wine & Crystal, LLC, d/b/a Milton Wine & Crystal, 12660 Crabapple Road,
Suite 110, Milton, Georgia 30004.
(Agenda Item No. 18-242)
(Bernadette Harvill, Finance Director)
10) ZONING AGENDA
11) UNFINISHED BUSINESS
1. Consideration of an Ordinance of the Mayor and Council of the City of
Milton, Georgia to Amend Appendix A, Fees and other Charges for
Chapter 50 – Subdivisions, Section 208.
(Agenda Item No. 18-230)
(First Presentation at August 6, 2018 Regular City Council Meeting)
(Carter Lucas, Assistant City Manager)
2. Consideration of an Ordinance of the City of Milton, Georgia to Amend
Chapter 4 Alcoholic Beverages, Sections 4-533, of the Code of the City of
Milton, Georgia.
(Agenda Item No. 18-231)
(First Presentation at August 6, 2018 Regular City Council Meeting)
(Sarah LaDart, Economic Development Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 20, 2018
Page 4 of 4
12) NEW BUSINESS
1. Consideration of a Resolution Appointing a Member to the City of Milton
Parks and Recreation Advisory Board for District 1/Post 1.
(Agenda Item No. 18-243)
(Mayor Joe Lockwood)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Community Development
2. Human Resources
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 18-244)
MILTON'll
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: August 13, 2018
FROM: Steven Krokoff, City Manag4T-'�
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and Universal Engineering Services, Inc. for the
Geotechnical Services of the Milton Public Works
Maintenance Building and Milton Fire Storage Building Sites.
MEETING DATE: Monday, August 20, 2018 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: (, J�ES () NO
CITY ATTORNEY REVIEW REQUIRED: (-,�'YES () NO
APPROVAL BY CITY ATTORNEY. (,kKPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: t
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: Roddy Motes, Public Works Manager
Date: Submitted July 31, 2018 for the August 20, 2018 Regular City Council
Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and Universal Engineering Services, Inc. for the Geotechnical
Services of the Milton Public Works Maintenance Building and
Milton Fire Storage Building Sites
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary: Conduct a geotechnical exploration for the future site(s) of the
Milton Public Works Maintenance Building and the Milton Fire Storage Building areas.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 300-4101-541200001
Requisition Total: $ 2,950.00
Vendor DBA: Universal Engineering Sciences, Inc
Other quotes or bids submitted (vendor/$): N/A
Financial Review: Bernadette Harvill, August 1, 2018
Legal Review: Jarrard & Davis, Sam VanVolkenburgh, July 5, 2018
Concurrent Review: Steve Krokoff, City Manager
Robert Buscemi, Architect
Attachment: Professional Services Agreement – Universal Engineering Sciences, Inc.
PROFESSIONAL SERVICES AGREEMENT- SHORT FORA
Geotechnical Services - Milton Public Works Maintenance and Milton Fire Storage Buildings
This Professional Services Agrreement l -Agreement") is made and entered into this - day of .2o—
(the
?o](the "Effective Date".)- by and between the CITY OF MILTON, GEORGIA. a municipal corporation of the State of
Georgia_ acting by and through its governing authority, the Mayor and City Council, located at 2006 I leritage Walk, N111ton
GA 30004 ( hereinafter referred to as the "City"), and Universal Engineering Sciences, Inc., a Florida Corporation. having
its principal place of business in Georgia at 3,040 Business Park Drive. Suite F. Norcross GA 30071 (herein after referred
to as the "Consultant"), collectively referred to herein as the "Parties"
L►'ITNESSETH:
WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below): and
WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (detined below)
and desires to perform the Work under the terms and conditions provided in this Agreement: and
NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements
and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby
acknowledged, the Parties do mutually agree as follows:
Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits
hereto, which are incorporated herein by reference, including:
Exhibit "A" - Scope of Work
Exhibit "B" - Insurance Certificate
Exhibit "C" - Contractor Affidavit
Exhibit "D" - Subcontractor Affidavit
In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most
beneficial to the City, as determined by the City in its sole discretion, shall govern.
Section Z. The Work. A general description of the Project is as follows: to pet ornt geotechnical testing and reporting
services as outlined in Exhibit "4" (the "Project'). The Work to be completed under this Agreement (tate "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. Unless otherwise stated in Exttih➢t "A", the Work includes all material, labor, insurance,
tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous itenis and
work necessary to complete the Work. Some details necessay for proper execution and completion of the Work may not
be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary
component of the contemplated services or are otherwise necessary for proper completion of the Work.
Section 3. Contract 'Perm: Termination. Consultant understands that time is of the essence of this Agreement and
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. The tenn of this Agreement ("Tenn-) shall commence as of the Effective Date, and the Work shall
be completed in accordance with the timeframe set forth in Exhibit "A". In any event, the Work shall be completed and
the Agreement shall terminate, on or before August 31, 2018 {provided that certain obligations will sunive
terirtinationlexpiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing
written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement,
City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
Section 4. Work Changes. Any changes to the Work requiring an increase in t13e Maximum 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 arnuunt paid under this .Agreement as compensation
for Work performed and reimbursement for costs incurred shall not. in an_y lase, exceed S2.950.00 {the -Max 1 in u in Contract
Price"), except as outlined in Section 4 above. and Consultant represents that this amount is sufficient to perform all of the
Work set forth in and contemplated by this Ag=reement. The compensation for Work performed shall be based upon a lump
sum tee. Consultant shall take no calculated risk in the performance of the Work. Specifically. Consultant agrees that. in
the event it cannot perform the Work within the budgetary Iirnitat ions established without disregarding sound principles of
C'onsultant's profession and industry. Consultant willgive written notice immediately to City.
City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by Cit} that the
Work was actually performed and costs actually- incurred in accordance with the Agreement. No payments will he made
for unauthorized work. Compensation for Work performed and. if applicable. reimbursement for costs incurred shall be
paid to Consultant upon City's receipt and approval of invoices. setting forth in detail the services performed and costs
incurred. along with all supporting documents required by the Agreement or requested by City to process the invoice.
invoices for flat fee work shall be submitted upon completion of the Work.
Section b. Covenants of Consultant.
A. Licenses. Certification and Permits. Consultant covenants and declares that it has obtained all diplomas.
certificates. licenses. permits or the like required of Consultant by any and all national, state, regional. county, or local
boards. agencies. commissions, committees or other regulatory bodies in order to perform the Work contracted for under
this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the
Work described in this Agreement.
S. Expertise of Consultant; City's Reliance on the Work, Consultant acknowledges and agrees that City does not
undertake to approve or pass upon matters of expertise of Consui tam and that. therefore, City bear.: no responsibility for
C'onsultant's Work performed under this Agreement. City will not, and noted not, inquire into adequacy. fitness. suitability
or correctness of C'onsultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work
by City is limited to the function of detertruning whether there has been compliance with what is required to be produced
under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability. and correctness
of Consultant's Work under professional and industry standards.
C. Consultant's Reliance on Submissions by City. Consultant must have tirnely information and input from City in
order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City.
but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any
infonnation provided by City is erroneous, inconsistent, or otherwise problematic.
D. Consultant's Representative, Meetings. ,,y j Tit [INSERT NAME] shall be authorized to act
on Consultant's behalf with respect to the Work as Consultant's designtated representative, provided that this designation
shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant 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 the City.
E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in. or delegate
any duties of, this Agreement. without the prior express written consent of the City.
F. Responsibility of Consultant and Indemnification of City_. Consultant covenants and agrees to take and assume
all responsibility for the Work rendered in connection with this Agreement. Consultant shall hear all losses and damages
directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant
to this Agreement. Consultant shall indemnify City and City's elected and appointed officials, otlicers. boards.
commissions. employees. representatives, consultants_ servants. agents. attorneys and ,oiunteers {individually an
"Indemnified Party'" and collectively " lndemnitied Parties'} from and against any and all claims. wits. actions, jud€:ments.
in damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fres
and costs of defense ("Liabilities")to the extent Liabilities are caused by or result from the negligence, recklessness, or
intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance
of this Agreement. This 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
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to indemnity, defend. and held harmless the Indemnified Partys les) shall survive expindtion or termination of this
Agreement, pruvided that the clairns are basal upon or arise out of actions or omissions that uccurrcd during the performance
of this Agreement.
Q Independent Contractor. C.'onsuitant hereby covenants and declares that it is engaged in an independent business -
and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees
to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to
perf`irm such Work, the instrumentalities, tools, supplies and,or materials necessary to complete the Work: hiring and
payment of consultants- agents or employees to complete the Work. including benefits and compliance with Social Security -
withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give
City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of
control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the
results of such services only. inasmuch as C ity and Consultant are indepi:ndent 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 ofihe other, unless otherwise expressly
agreed to in writing sig by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any
party or to allow any employee of Consultant to do so, unless specifically authorized. in advance and in waiting, to do so,
and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts
or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City.
H. Insurance. Consultant 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. Consultant 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 IiabiIity or umbrella
policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its
insurer waives all rights of subroption against tete City for losses arising From Consultant's Work and that the City and its
officials. employees or agents are named as additional insureds.
ll. Ernplor•ment of Unauthorized Aliens Prohibited - E-Verif► Affidavit. Pursuant to O.C.G.A, y 13-10-91. City
shall not enter into a contract for the physical pertarinance of services unless:
(1) Consultant shall provide evidence on City -provided forms. attached hereto as Exhibits "C" and "D" (affidavits
regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing
pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to
use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that
they will continue to use the federal work authorization program throughout the contract period, or
f 2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual ( not a
company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verities 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 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 (? ) above.
Further, Consultant hereby agrees to comply with tete requirements of the tedcral Immigration Reform and Control Act of
1986 I IRCAI, P.L. 99-603. O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract. Consultant
agrees to secure Brom 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 affidae it. the forth of which is attached hereto as
Exhibit "l7". which subcontractor affidavit shall become part of the Consultant: subcontractor agreement- or evidence that
the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as
noted in sub -subsection (?) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy
to City within five (5) business days of receipt frorn any subcontractor. Consultant and Consultant -s subcontractors Shall
retain all documents and records of their respective verification process For a period of five (5) years following completion
of the contract.
Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only
required if aon tractor affidavit is required pursuant to O.C.G.A. § 13 -10-9 1.] [CFIECK ONE]
V 500 or more employees.
100 or more employees.
Fewer than .100 employees.
Consultant hereby agrees that, in the event Consultant employs or contractswith any.subcontractoris} in connection with
this Agreement and where the subcontractor is required to provide an aft1dav'it pursuant to O.C:G.A. § 13-10-91., Consultant
will secure from the subcontractor(s) such subcOntractor(s') indication of the above employee-iuntlber category that is
applicable tothe. 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. Ethics Code: Conflict of interest: ConsUltilitt agnyees 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 lain or regulation_ Consultant certifies that to
the hest of its knowledge no circumstances exist which will catlse:a ionflict:of interest in perflbrining. the Work. Consultant and.
City acknowledge that it is prohibited for any person to offer, give, or:agree to give any City crnployee or official, or for
any City employee or offieia[ to suite it, demand. accept. or agree to accept from another. person, a gratuity of mora than
nominal value or rebate or an offer oFeniployment in connection with any decision,.approval, disapproval, recoimnendation,.
or preparation of. any part: of a program req uirement-or:a. purchase request, intluencitu the content. of any specifical'ion or
procurement standard; rendering of advice, investigation, auditin-,,: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. contractor subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge
that itis pmh.ihited for any payment: gratuity, or offer of employment to be made by or on behalf Q.ra.sub-consultant tinder
:a contract to the prime Consultant or higher tier sub.-consultant_or:any person associated..therewith, as an inducement fbr
the award of a. subcontract or order.
K. Confidentiality. Consultant acknowledges. that it may receive confidential. information of City and that it will
protect the contidenfiaiity of any such.confidential information. and )'ill require any ofits subcontractors, consultants,.and/or
staff to likewise protect such confidential nfort-nation-
L. Authority to Contract.. The indiyideal executin- this Agureement on behalf of Consultant coven. nts and declares
that it has. obtainedall necessary approvals of Consultant's board of directors, stockholders, general partners.. limited
partners, or similar authorities to.simultaneous] y execute and bind. Consultant to the terms of this .Agreement. if applicable..
til. Ownership of Work. All reports, designs, drawings, plans, specifications,. schedules, work product and other
materials, including,.. but not thuited to, those in electronic. fano, pre
parcd or .i ll the process ot`being prepared for the Work
to be performed by C.013sUltant (-Materials") shall be the property of'City, and City shall be entitled to -full access and copies
of all Materials in the form prescribed by City. Any and. all. copyrightable.subjeet matter in all Materials is hereby asci rued
to City',. and Consultant agrees to execute any additional documents that may be necessary to.eviden.ce such assignment.
Nondiscrimination. I.n:accordanuc with Title V.I. o.f tllc Civil Rights:.Act of 1964, as ametI&A. 2 U.S.C. y 2000d.
section .303 of the. Age Discrimination Act or 1975.,..as amended: 42 U.S.C..§ 61.0?, section 202 of the ,Arnericans with
Disabilities. Act of 1990, 42: U..:S.C. § [211-12. and all other provisions of Federal law., Consultant agroes that, during
performance of this Agreemetil; Consultant, for itself, its assigaws and successors in interest, wilt ]tot discriminate against
any employee or applicant for employment, any subcontraetor, or any supplier beca#Else of mace, color, creed, national origin,
gender, age or disability. In addition, Consultant agrees to comply with all applicable implementiri�- regulations and shall
include the provisions of this paragraph in every subcontract far services conternplated tinder this Agreement..
Section 7. iy'[iscelianeons.
A. Entire Agreement, Counterparts, Third Party Rights. 'This Agreement. including any exhibits hereto,
constitutes the complete agreement.between the.Parties anti supersedes anyand all other.agreements, either oral or in Writing,
between the Parties: with respect to the subject matter -of this Agreement. This: Age i-eement ntay.:be executed in any number
Of counterparts, each of w.hichshall.be deemed an original, but all ofwhicli:taken toorether shall constitute one. -and the same
instrument. This. Agreement shall be exclusively for tole benefit of the Parties and -shall not provide any third parties with
any rerrwdy, claim, liability, rci.mbursemcnt, cause Of action or:o.ther right.
S. Govcrni rig Law; Business license; Proper Execution: This. Agreement shall be governed by and. construed in
accordance with the law s of the Statc.of Geo179ia without regard to choice of law principles. Any action or suit related to
this Agreement shall be brought in the Superior Court of Murton Count::, GeorU.ia. br the U.S. District Court for the Northern
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District of Georgia.: Atlanta Dimion, and Consttitant submits to the.jurisd .etian and. venue of such court. Durint the Term
of this Agtreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no.
such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality
ordinarily expected of competent.professi.onals and in compliance with all federal, state, and Iocal [aws., regulations, codes,.
urdinances,.or carders applicable to the Project, including, but not limited to,..any applicable records retention requirements.
and Georgia's Open Records Pict (O.C.G.A.. :S0-18-%1.. etsey.).
C. Captions.and. Severabillty. All htadini7s herein are intended for conveniehoe and ease; of.referencepurposes only
and in no vvyay dettne, limit or describe the scope or intent: thereof.. or of this Aggeemertt;.or in anyway affect this Agreetnent.
D. Notices. :t11 notices - requests, demands. writings, or correspondence, as required lzy this Agreement, shall be in
writing and. ~hall be deemed received, and shall .be effective, when: (1) personally delivered, or (? ) on: the ;third. day after
the postmark date when mailed by certified mail, postage: prepaiJ, return receipt requested. or (3) apon actual delivery when
sent via national overnight commercial carrier to the Party at the address First ;i.veh above or at a substitute address
previously .furnished to the Cather. Party by written notice in accordance herewith.
E. Waiver, Sovereign .Iminunity. NO express. or implied watvcr shall affect any ternn or condition tither than. the one
Specified in such waiver; and that one only for the time.. and manner specifically stated:: Vothingcuntained in this Agreement
shall be construed to be. a waiver of City's :sovereigns immunity or any individual's qualified; good faith .or .official
immunities.
F. Aareernent Construction and Interpretation; Invaliditv cif .Provisions; Severability. Consultant represents
that it has: reviewed and become familiar with this.Acreement and has notified City of any discrepancies, con.Flicts or errors
herein. The Parties.agree that, if an ambiguity orquestion Of intent or interpretation arises, this Agreement is to be construed
as i.f the Parties had dratted. it jointly; as opposed to being construed against a Party because it was responsible for drafting
One or more pmv'islotis of the Agreecilent: In the interest of brevity, the Ag- eement may omit modifying words such.as "all"
and -any" and articles -such as "the" and `an." btut the fact that a inodifier or an article.`is absent from one statement and
appears in another is not intended to affect the:interpretation.ofeither statoment. Should any article(s) or section(s) of this
Agreement. orally part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the
offQndi.ng 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 portionhereof eliminated, it being the
intention. of the Parties that thev would have executed.the retraining portion o.f this Agreement without includin_e any -quell
part, parts, or portions that may ror any re8on be hereaf`tcr declared invalid.. Rati:tication of this Agreement by a majority
o the Nfayor and'C ity. Council shall authorize the Mayor to execute this. Agreement on. behalf of City.
IN. WIT VFSS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective. Date first
above .Written.
[SIGNATURES ON FOLLOWING PNCE]
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No Text
CONSULTANT: n'versal En ' ing Hees, Inc.
Signature
Print Name:?
Title: [C1RC-LE ONE I
esi /Vice President (Corporation)
[CORPORATE SEAL] '►►►►►1111t111�1�����U�
(required if corporation)
Attest/Witness: RpOR•. <s�s
Signat w A : rm
Print Name: i r '/V, � ►2 f Z f7*'• %Fj r���.'
r/,rl•�io��Title: V r 1��,rilA►*��,�```�
(Assistant) Corporate Secretary (required it co oration)
CITY OF MILTON, GEORGIA
By: Steven Krokoff. City Manager
[CITY SEAL]
Attest:
Signature:
Print Name: _
Title: City Clerk
Approved as to form:
City Attorney
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No Text
EXHIBIT"A"
UNIVERSAL
ENGINEERING SCIENCES
urasul[dr[Ss Irl. Geotechnical Enylrleer,ng - Envuanmenlal Sciences
eophyslcaI Services • Construrrlon MarPnals Testing • Threshold Inspection
tu 5uild+ng Inspection • Plan Review • Building Code Administration
June 26, 2018
City of Milton
2006 Heritage Walk
Milton, GA 30004
Attention: Mr. Robert Buscemi RA
Reference: PROPOSAL FOR A GEOTECHNICAL EXPLORATION (revised)
Milton Fire/Public Works Building
750 Hickory Fiat Rd Milton, GA 30004
UES Proposal No_ 11630.03117_0001181114_42781
Dear Mr. Buscemi:
LOCA T H tiW
• ALlan[a
• I}atktina Ruch
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Universal Engineering Sciences is pleased to submit a proposal to conduct a geotechnical explo-
ration for the referenced project. Our understanding of this project, along with our proposed
scope of services and costs, is presented in the following paragraphs.
We understand that a Milton Firelpublic works buildings are planned for areas adjacent to the exist-
ing fire station and to the north of a gravel and stone storage area, north of the Milton Fire Station
#43 to the west of Bull Pen Road.
A 30'x40' metal {butler style) building 14' high with a 4:12 metal roof is to be located adjacent to
the existing fire house. A second building with dimensions of 54'x70', 14' high (with4:12 roof, butler
style) is planned for the area adjacent to the north of public works stone storage bins. The larger
building will need a septic field for the bathroom facility planned.
Structural loads are not available at this time, therefore we have assumed maximum wall and
column loads will not exceed 3 klf and 80 kips, respectively. Detailed grading information has
not been provided, therefore, we assume elevating fill heights will not exceed five feet.
Based on our understanding of the project information, as requested, we propose to perform four
(4) Standard Penetration Test (SPT) borings in the proposed building areas to depths of 20 feet
and two in the areas of the propose drain fields to depths of 5 feet. We will conduct all field ser-
vices in accordance with applicable ASTM standards. At the completion of drilling, we will
transport all samples to our laboratory where they will be examined by a geotechnical engineer
and visually classified according to the Unified Soil Classification System.
We are planning to perform two (2) percolation tests in the area of the proposed septic drain field.
3040 Business Park Drive. Suite F . Norcross, Georgia 30071 ■ (770) 242-5438 • Fax (770) 242-6980
www -Universal Engineering.com
UES Proposal No.
1630.0317.00018 &26/2018
A professional engineer, registered in the State of Georgia, who has specialized in geotechnical
engineering will direct and supervise our work. A report which describes our exploration and
documents the subsurface conditions encountered will be provided for you. This report will
include the following:
1. A brief discussion of our understanding of the planned construction and imposed loads.
?, A presentation of the field and laboratory test procedures used and the data obtained.
3. A geotechnical engineering evaluation of the site and subsurface.
4. Preliminary recommendations for foundation design and construction as well as our es-
timate of the performance of the foundation system.
5. Preliminary recommendations for pavement and gravel road design parameters.
h, Recommendations for site preparation procedures.
Based on the scope of the geotechnical exploration, the proposed laboratory testing, and the
preliminary engineering services outlined above, we propose to complete the geotechnical explo-
ration and engineering services for a lump sum fee of $2,954. We will contact you immedi-
ately if we encounter subsurface conditions which could require (1) the borings to be per-
formed to deeper depths, (2) additional borings or other field testing, and/or (3) additional en-
gineering analysisievaluation and studies outside the scope of this proposal.
UES will contact Georgia 811 to identify public utilities within the area and up to the appropriate
meters. It should be understood that a two-week turnaround is required on underwater utility lo-
cates. Furthermore, UES should be provided with all readily available project site information
regarding underground utility or service lines, and buried structures. Our office cannot be held re-
sponsible for damage to buried service lines and/or structures that are not identified to our field
personnel.
SCHEDULING AND AUTHORIZATION
We can initiate the field services within 5 to T days after receipt of written authorization to
proceed with the field exploration complete in two days. We can provide preliminary verbal re-
sults as soon as the drilling has been completed in order to expedite the design process, upon
request. The final geotechnical report should be available within four weeks after notice to
proceed.
We -have One/ ded a shoFt form a<<}ay;cc.,^ gent. In order to expedite our internal project
tracking requirements, please execute this document and return one copy to our office.
u
UES Proposal No. 1630.0317.00018
612 1 120 1 8
Universal Engineering Sciences appreciates this opportunity to offer our services, and we are
looking forward to the assignment. Please call if you have any questions.
Sincerely,
Universal Engineering Sciences, Inc.
Thomas A. Tye, P. E.
Branch Manager
Attachments- Work Authorization Form
General Conditions
UNIVERSAL ENGINEERING SCIENCES, iNC.
Worst Authorization l Proposal Acceptance Forrn
Universal Enginee.ring.Sciences, Inc. (UES) is pleased to provide the services described be.iow. The purpose of this document is. to
describe the terms under which the services will be provided: arid to obtain authorization:
PROJECT NAME: Milton/Fire Public Works Bldgs. - Geotechnical Subsurface `Exploration
PROJECT LOCATION. 750 Hickory Flat Rd Milton, GA .30064
CLIENT NAME: city -of MINOR
CLIENT ADDRESS: 2006 Heritage Walk.
.Milton, GA 30004
ATTENTION:' Robert Buscemi RA
PHONE: 578-242-2607
FAX:' 678-242-2459
EMAIL: Robert,Buscemi6cityofmiltonga:us
I. Scope. of Services & Unde.rstarid Ing of Project (See attached propose! or as 1ndicated below)
As Shown In UES Proposal No. 1.630.0317:40018
Lump Sum Fee = '$2,950.00
il_ Contract Documents. The following documents form part of this Agreement and are incorporated hereih by referral:
A. LIES General Conditions.
8. UES Proposal dated; 6121/18
C. Plans; reports, specifications and other dbcuments provided by the Ghent prior to this A.greernentAate.,
D. Other exhibits marked and described as follows: LIES' Genera! Conditions
In the event of any inconsistency or conflict among. the Contract Documents, the provision in .that Contract Document first
listed above shall govern.
III. Authority to proceed and for payment. (To be completed by Client)
If the above invoice is to be mailed for approval: to someone other than the account.charged, please. indicate where below.
Social Security Rd. or
Firm' Federal Identification #:.
Address:
Attention:
Title-,
IN WITNESS WHEREOF. the parties:have caused this agree..ment.to be executed by their duly autharized:representatiyes
CLIENT
BY (Signature)
TYPED NAME
TITLE
DATE
UNIVERSAL ENGINEERING SCIENCES
BY. (Signa-
ture)
TYPED
NAME
TITLE
DATE .tune 21, 2018
Return executed copies to:
Universal Engineering Sciences, Inc. - GEO.
3040`Business Park Drive, Suite F Atlanta, Georgia 30071
Phone (770) 242.6438 9 Fax (770) 242-6980
Universal.l=ngineedrig Sciences, Inc.
GENERAL. CONDITIONS
SECTION 1: RESPONSIBILITIES
1.1 Universal Engineering. Sciences. Inc... {"UES'}, has the responsibility for providing .the services -described under the Scope of Services section. The
work is to. be performed accarding.to accepted standards of care and Js to be comp€eted in a timely manner. Tha term ".UES" as used herein in -
eludes :all of Universal Engiheering`Sciences, Ines agents. employees, professional staff, anIsubeontractors.
1.2 The Cliant. or a duly authorized representative is respon9lble. for providing .UES with.a clear understanding.of the project nature and scope. The
Client shall supply UES with: sufficient and adequate information. including, but not limited to, maps.; site. plans, reports, surveys and designs, Id a€ -
low UES.to properly. complete the specified services. The Client sha]€ also communicate changes in the nature and scope of the ptaject as soon as
possible during performance. of.the work so. that the changes can.. be incorporated into the work product..
113 The Cl lent acknowledges that DES's responsibilities in providing the services described. under tha Scope of S.ervigos section is. limited to. those
services described therein,.and the Client hereby assumes any col lateral or affiliated duties necessitated by or for those services. Such duties may
include, but'are not limited to, reporting requirements imposed by any third party such as federal, state, or local entities. the provision .of any re-
quired notices to. any third party, or the securing of necessary permits or permissions frarri any third parties required foe .UES's provision of the ser-
vices so described, Unless otherwise agreed upon by both parties.
1.4 Universal wi[I-not be responsible for.scheduling aur services and will not. be. responsible for tests or Inspections that are not perforrned.due to a
tailure to schedule aur. services on. the project.6r any res ult€ng damagas,
1.s PURSUANT 7O FLORIDA .STATUTES §558.0035., ANY INDIVIDUAL EMPLOYEE OR AGENT'OF UES MAY NOT BE HELD INDIVIDUALLY
LIABLE. FOR NEGLIGENCE..
SECTION.2: STANDARD Ot= CARE
2.1 Services performed by UES under this Agreement will be conducted in a manner consistent with the level of care and. skill ordinarily exercised by
members of UES's profession practicing contemporaneously .under similar canditioris iii the locality of the project: No other warranty, expfess or.
Implied, is made.
2.2 The Client recognizes that. subsurface conditions.may vary from ftse..observed at locations where borings, :suiveys. or other explorations are
made, and that: site conditions may.change with time, data,. interpretations, and recommendations by UES will be. based solely on information
.:available to UE.S at the time.of service. UES is. responsible for those data; interpretations,. and re ccmmen dations., but wil.I not be responsible for
other parties'.interpretations a use of the Inforrnatia6 developed,
2:3 Execution of this document by UES is not a representation that UES has visited the site, become generally familiar with local conditions under
which lhe.servicesare to be performed, or correlated personal observations with the requirements of the. Scope of Services. It is the Client's re-
sponsibility to provide LUES with all information necessary far .UES:to provide the services desedbed under.the Scope of Services, and the Client as-
sumes all 1lability for information not provided to U.ES that may affect the quality or s ufficie ncy: of the services so described.
2A Should UES be retained to provide threshold inspection services under Florida Statutes §553-7g,.Client acknowledges that DES's services there-
under do not constitute a guarantee that the construction in question has been properly designed or constructed, and UES's.services do not re-
place any of the' obligations or liabilities: associated with any. architect, .contractor, .or structural engineer, Therefore it is 6xpliditly agreed that the
Client.will.not hold UES resp onaiblO& the proper performance of service by :any architect; contractor, structural engineer c anyather entity asso-
ciated with the project_
SECTION 3: SITE ACCESS AND SITE CONDITIONS
3.3 Client will grant or abtain free access to the site: for aif equipment and personnel necessary for UES to. perform the work set: forth. in this Agreement,
The Client will notify :any and all possessors. of the project site that Client..has granted UES. free access to,the site: t-lES will tape reasonable pre-
cautions to m in! m ize. damage to the site, but it is understood by Client that, in the normal course of work, some.,damage may occur, and the do rrec-
t1on of such damage. is.nat. part of this Agreement unless so specified in the Proposal,
3:2 The Client is responsible for the accuracy of locations for all subterranean structures and uttlities, UES will. take reasonable precautions to avoid
known subterranean structures, and the Client waivas.any claim against .U! S, and sgrees.:to defend; indemnify, and hold. UES' harmless..from any
claim or liability for injury or loss, including costs of defense. arising frorim.damage. done to subterranean structures and utilities not identified or ac-
curately located. In addition, Client agrees to compensate UES for anytime spent or expenses incurred by UES in defense of any such claim with
compensation.to. be -based upon UES's prevailing -fee schedule: and expense reimbursement policy.:
SECTION d: SAMPLE OWNERSHIP AND DISPOSAL
4.1 Soil.or water samples obtained from the project during performance of the work "shall remain the property of the Client..
4:2 UES will dispose of or return to Client all remaining soils and rack samples 50 days. after submission of report covering those. samples. Further
storage or.transfer of samples can be made at Client's expense upon Client's prior written request
4.3 Samples which are contaminated by petroieurn products a other chemical waste will tie returned to Client,for treatment or disposal, consistent with
AI appropriate federal., state, or local regulations:
SECTION 5: BILLING AND PAYMENT.
5.1 UES will submit invoices. to Client monthly at upon.completion of services. Invoices will show charges.for different personnel and expense classifi-
cations.
5.2 Paymant is. dua 30 days after presentation of invoice. and. is past due 31 days from invoice: data. Client agrees to pay finaince charge of one and.
one•haif percent (1 1/2 %) per month, or the maximum rate all owed bylaw, an past. due accounts.
5.3 if IDES incurs any expanses.to collect overdue billings. on invoices, the sums paid by.UES.for reasonab! e:attorneys' fees, court: casts; UES's time,
UES's expenses, and interest lout be due and owing by the Client.
SECTION 6: OWNERSHIP AND USE OF DOCUMENTS
6.1 All repoits, baring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by UES., as instruments
of service, shall remain. the property:. of UES,
62 Client agrees that all reports and other worts furnished to the Client or hi S. agents, which: are not paid for, will be returned upon demand and will not
be used by the Client for any purpose.
6.3 UES will retain all pertinanL. record9.relating to the.. seryices performed: for. a period of fine years to11owing .submissIon.of the report, .during which
period the records will be made available to the C11antataII reasonable times.
6.4. All reports, baring logs, field data, field notes, laboratory test data, dalcu12tions.:estlmntes_ and other documents prepared by UES, are prepared
for the sole and exclusive use of Client, and may. not be.given to any outer party or used or relied upon by any such party without the express writ-
ten consent of UES:
SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
7.1 Client warrants.that a reasonable effort has been made to inform UES. of known or suspected hazardous materials on or near the. project site,
7.2 Under this. agreement, the term hazardous materials include hazardous materials (40 CFR 172,101 ),.hazardous wastes (40 CFR 261:.2), hazardous
substances: (40 CFIR:300.6), petroleum products; polychlorinated biphenyls, and asbestos.
7.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present, UES and Client agree#hat the.dis-
covery of unanticipated hazardous materials constitutes: a changed condition mandating a renegotiation of the scope of work, UES and Client also.
agree that the. discovery. of unanticipated. hazardous. materials, may make it necessary for LIES to. take immediate measures to protect health and
safety. Client agrees to. compensate UES for any equipment decontamination or other costs incident. to.the.discovery of unanticipated hazardous.
waste.
7:4 tl£S agrees to notify. Client. when unanticipated. hazardous. materials arsuspected hazardous maled ais are encountered. Client agrees to make'
any disclosures required by to'.the appropriate govern in g. agencies. Client also agrees to hold UES harmless for :aby and all consequences of
disclosures made. by UES which are.. required by governing law. In the event .the project site is not awned by Client, Client recognizes that. it is the
Client's responsibilityto inform the property owner of.Me discovery of unanticipated hazardous matedaIs.or suspected hazardous materials.
7.5 Notwil hsta n d In g any other provision of the Agreement, Client waives any claim against. UES, and to. the maximum extent perrnitted bg iavv, agrees
to defend., indemnify; and save UES harmless from any aiaim, iiabiiity, and/or defense costs for injury or loss arising from DES's discovery of unan-
ticipated hazardous materials or suspected hazardous materiaIs. incl uding any costs created by delay of the project and any cost associated with
possible reduction of.the. property's value. Client will be. responsible.for ultimate disposal. of any samples secured by UES which are found to. be:
contaminated.
SECTION 8: RISK ALLOCATION
8.1 Client agrees that UES's. iiabiiity for any damage on account.of .any .}reach of contract; error; omission or other professional rnegfigence Will be
.limited to a.sum not to exceed $50 000 or L1ES'.s fee, whichever is greater_ If Client prefers to Piave higher limits,an contractual or professional lia-
bility, UES agrees to. in crease the limits up to a rnaximulrf of $1,0GO,000 0Q. upon Client's written request at the time of accepting our proposal pro-
vided that C[ie.nt agrees to pay an additional ccnsideratiorr of #our percent of the total fee, or $400.00, whichever Is:greater- Th a. additional :charge
for the higher Fability,Iirnits is because of the greater risk assumed and is not strictly a charge -for additi 6 nal. profe as ion a I II abilityinsurance..
SECTION 9: INSURANCE
9.1 UES represents and warrants that it and Its. agants., staff and consultants employed.by it: :is and are protected by worker's compen sa tic n. 1 n su ra nce
and that UES has such coverage under public liability and propwty.damage insurance.poiicie.s which. UES deems to be adequate. Certificates for
all suchpoll-cies of insurance shall be provided to .Client upon request in writing. Within the. limits and conditions of such insurance. UE.S.agrees to
indemnify and save Client. harm less from and against loss, damage, a Ilability arising from negligent acts by UES, its. agents. , staff, and consultants
employed.by it. UES shall not be responsib]e: for any loss, damage or Ilability beyond the amounts, limits, and conditions of such insurance or the
limits described in Section 8, whichever.is less. The Client agrees to defend, indemnify and save. UES harmless for loss, damage or iiabiiity arising'.
from acts by Client, Client's agent, staff, and other UESs employed by Client.
SECTION 10: DISPUTE RESOLUTION
10.:1 Al 1.ciaims, disputes; and. other matters in controversy between UES and Client ad at out of or in any way. rel ated to: this Agreement will be submit-
ted to alternative dispute resolution (AD R;.such as mediation or arbitration, before arid as a condition precedent to other remedies provided by law,.
including the cornMoncement:of litigation.
10,2 If a dispute arises related to the services provided under this Agreerrlent and that dispute requires litigation instead of ADR as provided above,
then:
(a) the claim will be brought and tried in judicial jurisdiction of the court of the. county where DES's principal. pface of business is located and
Client waives the right to rernove the action to.any other ccunty'or judicial jurisdiction., and
(b) The prevailing party will be entitled to recovery of al rea$6had e: costs incurred, including staff time, ccurt.costs,. attorneys' fees, and oth-
er claim related -
expenses -SECTION 111: TERMINATION
11.1 This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by .the. other party to per-
form. in accordance with the terms hereof: Such termination shall not be effective if that.substan III al failure has been remedied before &piration of
the period specified in the written notice. In the. even L. of termination, UES shall be paid for services performed to the termination notice date plus
reasonable termination expenses.
11.2 In the. event of termination, or suspension for more than three (3) months, prior to comp] etian of all reports contemplated by the. Agreement,. UES
may comp fete such an a lysesand records. as are. necessary to compiele. its files and may also complete a report do the sorvfces performed to the.
date of notice .of termination or suspension. The expense of termination or suspension shall include all direct costs of UES in completingsuch
analyses, records and reports.
SECTION 12: ASSIGNS
12.1 Neither the Cl lent nor UES may delegate, assign, adblet ortransfer their duties or interest in this Agreement without the written ccnsent df the other
party.
SECTION 13:. GOVERNING LAIN AND SURVIVAL
13.1 The laws of the State of Florida will govern the valldity of these Terms, their interpretation and performance.
13.2 If any of the provisions con tafned in this Agreement are. heid illegal, inval[d, or unenforceable, the enforceability of the remaining provisions wl11 not
be impaired. Limitations of liabitityand indemnities will survive termination of this.Agreamentfor any Cause.
SECTION U. INTEGRATION CLAUSE
14.1 This Agreement represents and contains. the entire and only agreement and understanding.amcng the parties with respect to.the subject matter of
this Agreement, and supersedes any and all prior and contemporaneous eral and written agreements, understandings, representations, in-
ducements, promises, warranties; and condition among the parties.. No agreement, understanding, representation, inducement, promise; warranty, or
condition of any Kind with respect to the subject matter of this Agreement she] I be relied upon by the parties unless expressly incorporated herein.
14.2 This Agreement may. not be.am6nded or modified except by an agreement In writing signad by the .party .against whom the enforcement of any.
modification.or amendment is: sought.
Rev. 06170:2015
"EXHIBIT B„
Clieniff: 1405231 13'iuNivEENG
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ACORP 25 (201CAu3)1 of:2 T'ha ACCIRD; k.anw arxri.1dgo:J9 MraW 9t6re0 rnarks Cf AC`rGR
#1S20475173tM192111SG PSBE
DESCRIPT[ 0NS (Continued from Page 1) �
Per'Project.Aggregate status is granted.as respects10 General Liability'" per'vesignated Project(s)
General Aggregate Limit", fond #dGD211 01 04.
Contractual•Llabilityas respects to General. Liability as: per.Comnierefal General Liability Coverage. Form.
'form #CGOOOI 10=01.
*Additional'insured status ls.grarated with respects to Automobile Lability if required by written contract
per endorsement"Business Aorto. Extension Endorsement-Flcrida" Farm #CAh`219 0817
'"Miler of. abrogation status Is: granted with.respects to General WabiCty if required by written contract
,per "Architect%, Engineers and Surveyors IndustryEdge Endorsement", forth.#CGD4 15 05118.
Maiver of Subrogati n status is granted with respects. to Wforkers Gompensatfcn If required by.written
contract per Waiver of Dur Rights to Recover from Mers Ertdorsemant;.forrn ##WIC000313(p0)
*Waiver of Suhragatfon status is..granted with respects to- Adtvmgbile Liability it required by written:
contract per "Business Auto Extension Endorsement -Florida" Form #CAF210 0817:
EXCESS LIABILITY COVERAGES .
Excess Llabliity Policy over General Liability:
National: surety Corporation [NAIC# 24831)
Policy #SS E3229M6
Policy term 1'-1 20"16 to 1-1-2019
Provides.an additional $9;004,000 per Occurrence,.$% 000,000 per:Aggregate, excess flabil[ty layer alcove
the undedying $1,00.0;00.0 occurrence liability. limlt l$2;000,000 aggregate. liability limit provided by.
primary General Llabitity policy with Travefers Indemrilty Compariy.etAmerica;. poiicy:#PS"3.G518961TIAl8:.
Excess Uablllty Policy over Auto Liability,
EnduranreAssurance Corporation (NAM0 1.8'51)
Policy term 1-1-2618 to 1-1-2019
Provides an additional $1.060,000 excess: automobile. liability layer above the underlying $1,000;f100
llablllty. limits prmided by. primary automobile policy .with Travelers Indemnity Company #138102F159fi8AIND18.
(Aggregate`Umitwhere applicable.)
Excess:.l.lability Palley over Auto Liability:
Landmark Amerfoan insurance Company (NAIC9331M)
PoJtcy #L.HA081579
Poficy term 1-1=2018. to IA9.2019
Provides an addltionall$a,000,000 excess automobile Habil[ty.layer above .the'underlying $1,000,000
automobile liability lirnits. provided by Endurance Assurance Corporation Policy #EXC300.00530700.
(Aggregate Limit.where appllcable.)
3AGtTi°A..25.3 (ZQ1WQ3) 2. of 2
#52 [ra791731M 19211.158
STATE OF Ge��� c...
ExHrg><T "C„
COUNTY OF
CONTRACTOR AFFIDAVIT AIN 11) AGREEMENT
By executing this affidavit, the undersigned contractor verities its compliance with O.C.G.A. § I3-14-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton. Georgia has registered with, is authorized to use and uses the
federal work authorization program commonly known asF..-Verify, or any subsequent replacement
Program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical performance of
services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor
with the information required by O.C.G.A. § l a- 10-91 (b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
W7 -j _
Federal Work Authorization User Identification
Number
Date of Authorization
Universal Engineering Sciences, Inc.
Name of Contractor
Geotechnical Services - Milton Public Works
Maintenance & Milton Fire Storage Buildings
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , 20 1$ in
Urcro5 teity), Cr -A (state).
gnature of Au orized Officer or Agent
r
Printed Name and itle of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON(THIS THE I -]ti" DAY OF
NOTARY PUBLI
[NOTARY SEALI Pamela a Sanford
NOTARY PUBLIC
Gwinneft County, GEORGiu
My Commisssm Expires February 23, 2020
My Cormi �sion Expires:
-�3�2-0 2,0
No Text
STATE: OF _
COUNTY OF
v
EXHIBIT "D"
SUBCONTRACTOR AFFIDAVIT
By esu utitig this aff davit: the undersigned ;subcontractor verifies its. compliance with �.0 G -A: ti 1.3-10-.
91, stating aflirrnatively that the individual, 1ltm or corporation which is engaged in the physical
performance of services under a contract with Universal. Engi.neerkar Sciences, Inc.. on behalf of the City
or v'filton. Georgia has registered with, is authorized to use and uses the: federal Gvork atttlttirizatinn.proeratn
commonly known as E -Verify; or any subseq uent reptamnent program, in accordance w ith the .applicable
provisions and deadlines established in (J:C. 1A..4 13-10-91..Furthermore; the undermaned.sttbcontractor
.will continue to use the .fedenal work authorization pro -rain throu-iibut the contract period. and .the
undersigned subcontractor will contract for the physical performance of services in satisfaction .ot such
coutract ordy 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 atf da. it 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 receivedan affidavit from any
other contracted sub -subcontractor, the undersigned subcontractor roust forward, within five (5) -business
days of receipt, a copy of the notice to the contractor.
Subcontractor herby attests that .its federal work authorization user identification number and date of
ruthorization are. as follows:
Feder -at Work Atttltprization User Identification
NuMber
Date of Authorization
Name of Subcontractor
Geotechnical. Services - X4ilton.Pub ie Works
!�laintonanco and :Milton Fire Storage Building
t`iarne of Project
Citv.of Milton. Georgia
Name of Public Employer
I :herehv.dec]are under penalty: cel pedury that the
foregoing. is true and correct.
Exectited ail. . 20 in
(c.ity): (state.).
SiLmature of Authorized Officer or Auent
Printed Nance and Title: of Authorized Officer or
Agetrt
SUBS.CRIBEn AND SWORN BEFORE. ME
ON THIS THE _ _ DAY OF
io'rARY PUBLIC
[NOTARY SEAL]
My Commission Expiros:
MILTON*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: August 13, 2018
FROM: Steven Krokoff, City Manager <�
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton and Superior Fence of Georgia, LLC for State
Highway 372 & Heritage Walk Roundabout Sidewalk Fencing.
MEETING DATE: Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: QV' PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: VIYES () NO
CITY ATTORNEY REVIEW REQUIRED: (.'YES () NO
APPROVAL BY CITY ATTORNEY: (4ZAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR: co -0) zo' U
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 Members
From: Dennis Miller, Facilities Manger
Date: Submitted on August 3, 2018 for the August 20, 2018 Regular City
Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton and Superior Fence of Georgia, LLC, for State Highway
372 & Heritage Walk Roundabout Sidewalk Fencing
_____________________________________________________________________________________
Project Description: Install 56 feet of permanent steel fencing at Northwest corner of
the intersection of Heritage Walk and Birmingham Highway along back side of
sidewalk. Fence to be three and one half feet high, black, smooth top, three rail steel.
This is in conjunction with the roundabout project currently under construction there.
Procurement Summary:
Purchasing method used: 3 Written Quotes ($5,000-$49,999)
Account Number: 340-4101-541400510
Requisition Total: $3,580.00
Vendor DBA: Superior Fence of Georgia, Inc.
Other quotes or bids submitted (vendor/$):
Vendor/Firm Quote/Bid
Chamblee Fence $4368.00
Mauldin & Cook Fence $3840.80
Financial Review: Bernadette Harvill, August 3, 2018
Legal Review: Sam VanVolkenburgh, July 25, 2018
Attachment(s): Superior Fence Construction Services Agreement
OF
..............
ESTASLSS HE D -10
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
State Highway 372 & Heritage Walk Roundabout Sidewalk Fencing
This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2018 (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
(hereinafter referred to as the "City"), and SUPERIOR FENCE OF GEORGIA, LLC, a domestic limited liability
company, having its principal place of business at 13964 Cumming Hwy, Cumming, GA 30040 (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 perforin 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: Install fifty-six (56) lineal feet of 3.5'
(42") in height, steel, three (3) rail fence, black in color, location as shown "Exhibit All at the NW corner of State
Route 372 and Heritage Walk on the NW radius of new sidewalk in Milton, Ga 30004. All post holes will be core
drilled into existing concrete slab and set in concrete. 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 term "reasonably inferable" takes into consideration the understanding of the Parties that some
details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the
specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of
the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall
complete the Work in strict accordance with the Contract Documents.
Section 3. Contract Term,• Termination: Contractor understands that time is of the essence of this Agreement and
warrants and represents that it will perforin the Work in a prompt and timely manner, which shall not impose delays on the
Construction Services Agreement 1 Version 1.0
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..shal.l. fully complete: the Work within twenty- five (25)
business days of the start date specified in the. `:'Notice. to 'Proceed"% The City .may terminate this Agreement for
convenience at anytime upon providing written notice thereof to Contractor: Provided that do 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: Anyychanges 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: 5 Compensation and Method of.Pavment: The total amount paid under this Agreement as compensation
for Work. performed. and reimbursement for costs incurred shall not, .in any :case, exceed $3;580:00 ("Contract Price'),
except as outlined in Section 4 .above. The compensation for Work petfornted shall be based upon a Flat Fee 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 calculatedrisk.in the performance of .the Work. Specifically, Contractor agrees that.in the:event it
cannot perforin the Work within the budgetary liinitat ons.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.unautliorized ,work. Compensation.for Work perforined: and,: if applicable, reimbursement for costs incurred. shalt
be paid to Contractor upon the City's receipt and approval 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 subinitted.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, as appropriate) procured by the. Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-36.6.
Section 6. Covenants of Contractor:
A. 'Ethics Code: Conflict oQnterest. Contractor.agrees.that .it.shalt not engage .in any activity.or conduct.ihat would
result.in a violation of the City of NTilton Code of Ethics or any other:. similar lav or reggulation. Contractor..certifies'that to°
the best of its knowledge no circumstances exist which will cause a conflict of interest in perfoxniing the services. required by
this Agreement. Contractor and the.City acknowledge that itis 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 anyother advisory capacityin
any proceeding or application, request for ruling, determination, claire. or contruversy, or other particular matter,.perminirig to
any program .requirement or a contractor subcontract,. or to any solicitation or proposal therefor. The Contractor and the City
further aelmowledge 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� Ci '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, andneed not, inquire into
adequacy, fitness, suitability or eorreciness..of Cogtractor's performance. The.Contractor acknowledges and agrees that the
acceptance or approval. of any Work by.the:City is limited to the functionof determiningwhether 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 ora Submissions by the: Ci!y, 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 infonnation.provided by the. City is.erroneous„inconsistent, or otherwise.problentatic:
D. Contractor's Representative; Meetings. Robert Scappaticcio. shall :be authorized to act on Coiitractor's.behalf with
respect to the Work as Contractor's designated.representatiGve. 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.:perfonnn 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 .material's 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. Inasznuch.% as the.City.and the Contractor are indepen.dent:of each other, neither
has the authority.to bind the: other to any thirdperson or otherwise to actin any way as the representative of the other, unless
otherwise .expressly agreed to in writing signed by both Parties. hereto. The .Contractor agrees not to represent itself as. the
City's agent.for any purpose to any party or to allow any employee ofthe.Contractor to do so, unless specifically authorized,.
in advance and in writing, to do so, and then only for the Iimited. purpose stated in such authorization. The Contractor: shall
assumefull. liability for anycontracts or agreements the. Contractor enters into on .behalf of the Citywithout the ee e
xpress
knowledge.. and. prior written consent of the City.
F. Responsibility of Contractor and Indenuiification. of City. Contractor covenants and agrees to take and assume -all
responsibility for the Work rendered .in connectionwith. this .Agreement. Contractor shall beat- all :lasses. and damages.
directly or indirectly resulting to it and/or the City on account ofthe. 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.vol.unteers
(individually an "Indemnified Party and collectively "Indemnified Parties")..froth 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, .attorrtey's. fees: -and costs of defense::("Liabilities"},. Which may arise from or be the result of a willful, negligent;. or
.
tortious actor omission: arising but 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 Ofwhether .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 thispro vision.
Thisobligation to indemnify,. defend, and hold hanntess 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 heretoand incorporated Herein by
reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements
specified herein and provide.proofof`such coverage. As it relates to any :general.liability, automobile. liability or. umbrella
policies.; and except: where such. requirement. is specifically waived iii 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. A:ssiienment_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.
`0m,;t: €.ti iTC,F; i { .'i.�c, r '$'z ; i 13i1.
shallnot cnterinfo a contract Unauthorized the p y ns Prol3ibited E-b'er fi ,4. ffidwit, Pursuant to. O.C.G. A. § 13:-I.0-91, the City.
-1. Employment-
cal performance of services unless:
(1) the Contractor shall provide evidence o i City-provided forms, attached hereto as. "Exhibits "C" and "D"
(affidavits to be sworn under oath under critttinal 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
conunonly known as E-Veriiy;. or any subsequent replacement program, in accordance with. 'the applicable.
provisions and deadlines established in C .C.G.A. §.: 13-10-91, and that they will continue to use the federal work
authorization prog rain throughout the .contrast period, or
(2}. the Contractor provides evidence that it is not required: to provide an °affidavit.because:it is: an individual.licenwd
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 irrdividr al licensed and. in.good standing as noted in. subsection [ )
above: Further, Contractor hereby agrees to coiiiply with the requirements .of the federal ImmigrationRefarm and Control
Act of 1986.(IBCA), P.L. 99-603, G:C.G..A. § 13_IO-91: and Georgia Department of Labor Rule 300-10-1-.02.
In the event the. Contractor contracts with any subcontractor(s) in connection with the cohered contract,. the. Contractor
.agrees to secure from: such subcontractor(s) attestationof the subcontractor's compliance with. O.C.G.A. § :13.-10.=91 and
Rule 3001-10-1-.02: by the subcontractor's execution of the subcontractor affidavit, the fornt:of which is attached hereto as
"Exhibit "D", whichsubcontractor affidavit shall become part of the contractor/subcontractor agreement, .or evidence .that
the subcontractor isnot required to provide .such. an affidavit. because .it is licensed acid 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 fine (5) years followingcompletion of the contract.
Contractor agrees that the employee-number category designated below is applicable to -the Contractor. [lnforination only
required, if a contractor affidavit is required: pursuant to O.C.G.A. § 1340-91.]
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 subcontractors) .in connection. with
this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A.:§: 1.3-10-9I, the
Contractor will :secure from the subcontractor(§) such:subcontractor(s') indication of the above employee-miniber category
that is applicable to the subcontractor.. The aboverequirements shall. be.in.addition to the requirements of.. State and federal
law,..and shall be construed to:be in. conformity with those. laws.
I 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. protcet:such confidential information,
K. Licenses Certifications and Pcrmits. Contractor covenants and declares that it his obtained andwill :maintain all
diplomas, certificates, licenses, pehriits; or the like required ofthe 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:buiWing permit and other permits andgovernmental fees, licenses and inspections.necessuy m
customarily secured far 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
simile{r authorities to simultaneously execute and bind Contractor to the terms ofthis Agreement, if,applicable.
M, Ownership of NVork. All reports, designs, drawings; plans, specifications, schedules, work product,. and other
materials, including those inelectronic form, prepared or in the process of being prepared far 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
C.: 3nstr� �ti'�n 5i<rvii;i „_' c n. t.til �/ ,jn €ic i= 1,(,)
by the City. Any and all copyrightable subject matter in all Materials is Hereby assigned to the City, anis the Contractor
agrees to execute any additional documents; that. may be necessary to evidence such assignment:
N. Nondikeirnination.:In accordance with Title Vi of the Civil Rights Act of 1964, as amended, 42. U.S.C. 'S 20Q6.d,
sectioll..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..§ 12.1.32,.and all other provisions of Federal law, the Contractor agrees that; during
perfarmanceof this Agreement, Contractor, .for itself, .its assignees and successors ininterest, willnot discriminate against
any eraployee 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 Praiec# Documents; Warrant
y: :Prion to final payment,. Contractor shall deliver to City. copies :of
any.as-built.drawings, operations, and.maintenance manuals, and any other pertinent documentsrelating to the construction
and operation of .the Work that .is not otherwise in the possession of the: City. Contractor. shall repair. or replace all defects
in materials, equipment; or workmanship appearing withiia. one (I) year from the date of comptetion.at no additional cost to
the City.
Section 8. Miscellaneous:
A. Complete Agreement. Counterparts-, Third PaAy Ri its. This Agreement, including ail :of the Contract Documents,
constitutes.. the complete agreement between the Parties.and supersedes any and. al.l.other.agreements, either oral Orin 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, c€aim,,liability, reimbursement, cause of action.or.other right...
B. Governing .Law, Business License; Prover Execution. This Agreement shall. be governed by an& 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 Const of Fulton County, Georgia or the TIS: District Court for the Noilliein
District of Georgia.— Atlanta Diyision,.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 incompliance with all applicable, federal, state, and local laws,
regulations, .codes, ordinances,.or orders applicable.to. tire. Project; .including; buttiot limited to, O.C.G.A. §:50-5-63, any
applicable. records retention requirements,. and Georgia's Open Records Act (O.C.G.A. § 54=1:8-70,.et seq.),
C. Notices. All notices, requests; demands, writings, or correspondence, as required by this Agreement.,. shall .be in
writing and shall be deeined received, and shall be effective, when (1) personally delivered, or (2). on.the.third calendar day
after the postmark. date whcri mailed by certified mail; postage prepaid, return receipt requested,.or(3) upon. actual delivery
when sent via nationalovernight 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 tenTi or condition. other than the one
specified in such waiver, and that one only to. the. extent specifically'stated. Nothing. contained in this Agceement:slaall be
construed to.be a waiver of the City's sovereign immunity or any individual's qualified good faith or official iminunities.
E. Agreement Construction and Interpretation-, Invalidity of Provisions,• Severability. Contractor represents that it bas
reviewed and become familiar with the Contract. Docurnerits, the nature and.extent of the Work, work sites),.locality, and
all local conditions, laws and regulations that mi any mannermay affectcoo, performance, .or :furnishing of the
Work. Contractor representsthat 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 intentor 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
articles) 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.
[CORPORATE SEAL]
(required if corporation)
CITY OF MILTON, GEORGIA
Signature:
Attest:
By:
Its:
Steven Krokoff, City Manager
[CITY SEAL]
City Clerk
Approved as to form:
CONT TUR: Swxripr Fence of Georgia, LLC
By: c GfJi
[CIR er OlvC]
ember anager {LLC}
Attest/Witness:
By:
Its:- mL'\Qjp�j_
((Assistant) Corporate Secretary if corporation)
RATIFIED BY CITY COUNCIL
Signature:
Joe Lockwood, Mayor
City Attorney
Construction Services Agreement d Version 1.0
"EXHIBIT A"
� ... __ ry. .. 7 ___ n - w r _
After receipt of signed copy from Buyer, this Proposal, when aocepted by Superior Fence becomes a Contract between the two parties.
Customer Hurneo
N�.a.
Address: VVtxk#
CRY' zip- County: CeIFRf
LI ICE TYPE(EIGHT
.. . .... . ............................. .
I
WOOD DETAILS
1 " x 4" Pickets
1-K6- Boards ----
Cedar
P.T. Pine T Vunian Gtxtl Fr, Gothic Qogeer
4- x 4- Posts _
4"x S- Pasts 'r
$.' x t3" Paris � -
Yug ihiar [ Fr. Gothic Rat
2-x4"Runrnsm Cedar --
(2) {3) (4) P.T. Pine -
r rrTT-
Straight Keg. scallop Pos. scaito ohtmr
Face SIOPO with grade (less space)
Exposed Straight (more spaos at bottom) FACE FENCE IN R. REMOVAL & DISPOSAL
Benyeen Step (targe spaces at bottom) FACE FENCE Od1 f
CHAIN LINK SPEC, i F ICATIONS COMME NTS �' PF'.-. IAL I NSTR UCTIONS
GAUGE GATE POSTS: �
Top Rai: Cate Frame r I.
Terminal Pasts ... Tenalon Wire
Araminur) ... Steel
Hit ght ............... Style _ .Picket Sire Total Pdtw $ Credit Card Price $
ffl,&L Caivr .7 r3 Post Sire Deposit $ Deposit �
RJngs x- Cape 8alanae S BaianOW $
FINIALS: ( )PL C ( )hiatal ( )Triad ( )Quad Flora ----
TERMS; h sit - Balance pate upon C:ornpotmn
CONDITIONSSUBJECTTO ON
Uinhertsidahs ane Spec4xations are AppPmtrote. lnfial:
Accepted by Purchaser nate
GLSW rlar rs rasponsm[e for property tines and targe so i - ................ -- -
Gusb"r 6 respone Ne Warty necossavy Permt& and Coo Compliarce
No Warranty agairhst Cr&C*'ng, shrinking and wa*ng of wood fence material. Estimator _ pati.
SL4— Farce Is not respona@ne for Sprinldars ar UW and ANMW Containmsnt.
AccePted by Superior Fence hate
"EXHIBIT B"
AC R®® CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDfYYYY)
07123 2018
THIS. CERTIFICATE IS ISSUED ASIA MATTER OF INFORMATION ONLYAND.CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATiVELYAMEND, 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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED; subjactto the terms and conditions of the policy,,Gertain policies may require an endorsement. A statement on
this certificate. doesnot confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER.
CCONT .Sandra Miller
NA
STARK-MATHEWS AGENCY
PHONE.. 1770}:386 04fi6 770 386-3164
A. t :Na : { }
PLO, Box 1990
EMAIL Srriller starrmathetis.com.
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC:il.
Cartersville GA 34120
INSURERA: Southern Ins Co, of VA. 26867
INSURED
INSURER B,. FFVA Mutual frisurance Co. 10385
Superior Fence of Georgia, LLC.
I NSURER C
13964 Curnming Hwy:
INSURER D::
INSURER E!.
Cumming G.A. 30044
INSURER F
9:11VYWA14WN f'F'WTIFIf'ATF. MI 1MRI iU- LI1'1IS-'1}1 60111c1��1
THIS IS TO CERTI FY THAT TH E PC) LICIES OF INSURANCELISTED BELOW HAVE SEEN ISSUED TO THE 1NSUREA NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWIT48TANDINGANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ESSU =D OFt MAY PERTAIN, THE INSURANCE:AFFORDED BY7HE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS,
EXCL.US10MS. AND CON DITI0NS.OF SLiCH POLICIES. LIMITS SHOWN. MAY HAVE BEEN REDUCED BY PAI D:CLAIMS.
IF13RAIJOL
LTR
TYPE DF INSURANCE
INSD
SUHR
VVVD
POLICY NUMBER
POLICY EFF
MWDII
POLICY P
MMIDDIYYYY
LIMITS
.X COMMERCIAL GENERAL LIABILITY
CLAIM"ADE. N OCCUR
EACH OCCURRENCE $ :11000000
PREMISES Ea 0m rrenca S 5.00,000
.MED EXP (Any.one kFwn) .s 10,D00
PERSONAL &AOV INJURY g 1,a0a,000
A
Y.
Y
CPS86475.g6:
0 *412018
03/04/2039
GEN'LAGGREGATE LIMITAPPLIES.PER!
POLICY X JE T LOG
GENERALAGGREGATE $ 2,ff00,00D
PRODUCTS-COMPIOPAGG 5 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
.COMBINED SINGLE LIMIT $; .1 000. DDD
Ea ato dant
ANYAUTO
BODILYINJURY:{Peraersonj $
AOWNED
Ix
. SCHEDULED
AUTOS :ONLY AUTOS
Y
Y
CA58847596
03104/2018
..
03/04/2019
BODILYINJuf;Y{PeraccidenCy $
HfRED NON-aWNE➢.
AUTOS ONLY 7C AUTOS ONLY
PROPER, DAMAGE $
Per:accident
$
UMBRELLALIAB
OCCUR
EAC HOCCURRENCE S 1,aQa;aOa
A
EXCESS LIAR
CLAIMS -MADE.
CXS884.7596
03/04/2018
!DW0412019
AGGREGATE $ 1;000.000
DED I X RETENTION 5 0
g
6
WORKERB:COMPENSATION
AND EMPLOYER$' LfABILITYYIN
ANY PROPRlETORIPARTNER7EXECUTIVE
OFFICEWMEMBEREXCLUDE67
(Mandatory I NH)
Irons, descrinaundar
DESCRI PTIaN OF. OPERATIONS below
NIA
Y
WC840=002560-2016A
421021201$':
02102!2019
X1 PER 'OTH-
STATUTE ER
E.L..EACRACCIDENT § 1',00a,aaa
E.L DISEASE - EA EMPLOYEE $ 1 j000;0w
E. L. DISEASE - POU CY LIMIT $' 1,000,000
QESCRIPTION OF'OPEIiATIONS I LOCATIONS i VEHICLES (ACORD III, Additlonal.Remarks Schedule, may he attached If mora space is requlred)
Project; Heritage Walk. Roun.dabeut Fence'(MCC), Milton GA 30004.
Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required 16 Goristructien Agreement With You - FormiCGD2d33 0912.
Add iLion al Insured - Ownetes; Lessees.or Cori tractors - dor ipleted Operations - Automatic SaWs When Required in: Written. Construc#ion Contract or
Agreement With You - fa Rn CGO9036 0912,
Silver Series Pius Preferred General Liability Coverage Enhance rneht Endorsement - form .CGf709D6.p716.
Silver Series Plus BUsinessAuto Coverage Enhancement Endorsement - form CAD48U4.0716.
l.MN4CLLAI ILN
SHOULD A14Y OF THE ABOVE DESCRIBED POLICIES.BE CANCELLED BEFORE
.THE M(PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City. of. Milton ACCORDANCE WITH THE POLICY' PROVISIONS,
2006 Heritage WaIK
AUTHORIZED REPRESENTATIVE
MilWn GA 30004 r {�
(01988-2015 ACORD CORPORATION.. All rights reserved.
ACORD 25 (2016)03} The ACORD name and logo are registered marks of ACORD
'&EXMIT C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(17)(1)
STATE OF 660^S I c --
COUNTY OF CAe' x4,4
By executing this affidavit, the undersigned contractor verifies its compliance with 0. 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:
I;s4q:�'�
Federal Work Authorization User Identification
Number
eta-1kt$
Date of Authorization
Superior Fence of Georgia LLC
Name of Contractor
Heritage Walk Roundabout Fence
Name of Project
I hereby declare under penalty ofperjury that the
foregoing is true and correct.
Executed on �L., 1 y 30 , 201`9 in
C�,rrw� (city), C-rg— (state).
Signatae' of riz fficer or Agent
Printed Name and Title of Authorized Officer or
Agent
City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME
Name of Public Employer .+�"""�+
. ie-.�'t f s r� N T S THE 3�] DAY OF
� R
�•�p't�.1, , ■ r{� t , 201Y.
K
a ; J#n 21, 2020 - ;FiOT P yBLIC
';Ql'�''My Commission Expires:
•O' * e0 ,;tib 1 0r`!�
i
"EXHIBIT D"
SUBCONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(b)(3)
STATE OF _
COUNTY OF
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance
of services under a contract with Superior Fence of Georgia, LLC on behalf of the City of Milton, Georgia,
has registered with, is authorized to use and uses the federal work authorization program commonly known as
E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines
established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal
work authorization program throughout the contract period, and the undersigned subcontractor will contract for
the physical performance of services in satisfaction of such contract only with sub -subcontractors who present
an affidavit to the subcontractor with the information required by O.C. G.A. § 13-10-91(b). Additionally, the
undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the
contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -
subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned
subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
Federal Work Authorization User Identification
Number
Date of Authorization
Name of Subcontractor
Heritaize Walk Roundabout Fence
Name of Project
City of Milton, Geor is
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , 201 in
(city), _ (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF
,201_.
NOTARY PUBLIC
My Commission Expires:
MILTON, r
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: August 13, 2018
FROM: Steven Krokoff, City Manager 0
AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval
MEETING DATE: Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (yAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,-IVO
CITY ATTORNEY REVIEW REQUIRED: () YES L�-1V0
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: v$I y"I LvI &
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
infoQcityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Carter Lucas, Interim Community Development Director
Date: Submitted on August 13, 2018 for the August 20, 2018 Regular
Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions 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.
1. The Gumprecht combo plat described herein consists of two parcels located at
13475 Bethany Road to be combined into a 5.82 acre parcel. The lots are being
combined for the future site of one single family home.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Consent Agenda Plats Staff Memo
Page 2 of 5
Plat List, Location Map, Plats
Name of Development / Location Action Comments
/ # lots
Total
Acres Density
1. Michael E. Gumprecht
LL 959 & 960
13475 Bethany Road
Combo
Plat 1 lot 5.82 .17 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 5
Consent Agenda Plats Staff Memo
Page 4 of 5
Consent Agenda Plats Staff Memo
Page 5 of 5
raw
MILTON%
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: //August 13, 2018
FROM: Steven Krokoff, City Manager (0
AGENDA ITEM: Proclamation Recognizing Milton High School Girls' Lacrosse
Team Day.
MEETING DATE: Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,1KAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES (4'N0
CITY ATTORNEY REVIEW REQUIRED: (J YES (,10
APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: vat to) 20►$
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
Milton High School Girls’ Lacrosse Team Day
WHEREAS, lacrosse is a sport that requires skillful hand-eye coordination, mental
awareness and physical endurance, and;
WHEREAS, the girls’ lacrosse program began in 1999 as a club sport at Milton High
School and has grown rapidly since that time, and;
WHEREAS, in 2002 the Georgia High School Association officially sanctioned lacrosse as
a high school sport and in 2005 recognized lacrosse as a full-fledged high
school sport, and;
WHEREAS, the Milton High School girls’ lacrosse team has a tradition of excellence and
accomplishment in academic and athletic competition reflecting the highest
ideals of hard work, training and sportsmanship, and;
WHEREAS, the girls’ lacrosse team has made it to the Georgia High School Association
state championships every year since their inception, and;
WHEREAS, the Milton High School girls’ lacrosse team won the Georgia High School
AAAAA State Championship in 2005, 2006, 2007, 2008, 2010, 2011, 2012,
2013, 2014, 2015, 2017 and 2018 and;
WHEREAS, the Milton High School girls’ lacrosse team racked up an unprecedented
amount of player superlatives, including 107 All-State honors, 32 U.S.
Lacrosse All-Americans since 2005, nine U.S. Lacrosse honorable mention
All-Americans since 2005 and 63 U.S. Lacrosse Academic All-Americans,
and;
WHEREAS, the players on the Milton High School girls’ lacrosse team are champions not
only on the field, but also in the classroom, in the community and in life; we
are proud that this great team is located in Milton, Georgia.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and
proclaim Monday, August 20th as “Milton High School Lacrosse Team Day” in the City of
Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 20th day of August,
2018.
_________________________________
Joe Lockwood, Mayor
TO:
FROM:
MILTON*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: August 14, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Chapter
56, Article IV, Revise and Update Truck Weight and Length
Restrictions on City Roads, to Designate Truck Routes, and for
Related Purposes.
MEETING DATE: Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (, XPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.1YES (J NO
CITY ATTORNEY REVIEW REQUIRED: (J, -YES (J NO
APPROVAL BY CITY ATTORNEY: (,J -APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: °S/�jle/'Z
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info(9cityofmiltonga.us I www.cityofmiltongo.us
0000
To: Honorable Mayor and City Council Members
From: Rich Austin, Chief of Police
Date: Submitted on August 14, 2018 for the August 20, 2018 Regular
City Council Meeting (First Presentation) and September 10,
2018 (Unfinished Business)
Agenda Item: Consideration of an Ordinance of the City of Milton, Chapter
56, Article IV, Revise and Update Truck Weight and Length
Restrictions on City Roads, to Designate Truck Routes, and for
Related Purposes.
______________________________________________________________________________
Department Recommendation:
Approval
Executive Summary:
This is an update and revision to the original ordinance that was adopted in
2007. In accordance with this ordinance, a list of approved truck routes is to be
kept on file with the City Clerk and City Police Department. This list is to be
renewed by the Mayor and City Council every two years.
Funding and Fiscal Impact:
None
Alternatives:
N/A
Legal Review:
Sam VanVolkenburgh, Jarrard and Davis (May 2018)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Ordinance Revision
1
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 56, ARTICLE IV, TO REVISE AND UPDATE
TRUCK WEIGHT AND LENGTH RESTRICTIONS ON CITY ROADS, TO DESIGNATE
TRUCK ROUTES, AND FOR RELATED PURPOSES
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on
the 10th day of September, 2018 at 6:00 p.m., as follows:
WHEREAS, pursuant to O.C.G.A. § 32-4-92(a)(7) and Section 1.12(b)(17) of the City Charter,
the City is authorized to regulate and control the use of its municipal street system; and,
WHEREAS, the City of Milton’s Police Department is lawfully authorized to exercise the powers
of arrest and to enforce the traffic laws of the City; and,
WHEREAS, the City desires to update the weight and length restrictions applicable to use of
trucks on City streets, to designate certain streets as truck routes, and to otherwise update its
ordinance governing use of large trucks on City streets;
NOW THEREFORE, Chapter 56, Article IV “Truck Routes” of The Code of the City of Milton,
Georgia, is hereby amended by incorporating the insertions and deletions shown in the document
attached hereto and incorporated herein by reference as Exhibit A.
ORDAINED this 10th day of September, 2018.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
2
EXHIBIT A
ARTICLE IV. - TRUCK ROUTES
Sec. 56-64. - Purpose.
(a) The mayor and city council is authorized to adopt ordinances for the governing and
policing of areas within the city limits for the purpose of protecting the public health, safety and
welfare.
(b) Specifically, the mayor and city council may:
(1) Provide for the regulation and control of motorized vehicles on the city's streets;
(2) Plan, designate, improve, manage, control and maintain an adequate city
roadway system; and
(3) Determine the maximum load, weight and vehicle dimensions which can be safe ly
transported over each bridge on the city roadway system.
(c) Accordingly, the mayor and city council hereby enact the following provisions in an
effort to regulate and control motorized vehicles within the city limits for the purpose of
protecting and preserving the public health, safety, and welfare of the citizens; to thereby curb
the usage of certain residential streets in the city by trucks as cut through routes; and to
discourage the parking of such vehicles on these streets and public rights-of-way.
(Ord. No. 07-06-31, § 1(art. 4, § 2), 6-7-2007)
Sec. 56-65. - Restrictived vehicles required to use truck routes; exceptions.
All trucksAll vehicles with a total gross weight in excess of 36,000 pounds or having an overall
length in excess of thirty (30) feet, except vehicles designed to primarily carry passengers are
prohibited from using roadways within the city limits, except those roadways authorized by this
article as truck routes, including any amendments hereof, or as may be further designated by
the mayor and city council as truck routes, except when:
(1) The terminal, parking lot, repair garage, or headquarters of the restricted motor vehicle
is not on a designated truck route, in which case ingress to and egress from those places shall be
made by the most direct route available between the terminal, parking lot, repair garage or
headquarters and nearest designated truck route;
(2) A delivery or pickup is to be made at a location which is not on a designated truck
route; ingress to and egress from that location shall be made by the most direct route available
between that location and the nearest designated truck route;
(3) A delivery or pickup is to be made by a truck, road tractor, or combination road tractor-
trailer within any area which is not on a designated truck route; such delivery or pickup shall only
be made between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. No. 07-06-31, § 1(art. 4, § 3), 6-7-2007)
Sec. 56-66. - Truck routes; posted regulatory signs.
A list and map of the approved truck routes shall be kept on file with the city public safety
department and the city clerk. The list of truck routes may be revised as deemed necessary by
the city police public safety department with the approval of the mayor and city council, with
the entire list requiring renewal by the mayor and city council biannuallyevery two years. All
listed routes will be further identified by posted regulatory signs.
3
(a) The following routes are designated as truck routes:
(1) Arnold Mill Road (S.R. 140) from Cherokee County Line to 0.15 miles south of Green Road.
(2) S.R. 372 from Alpharetta City Limits to the Cherokee County Line.
(3) S.R. 9 from the Alpharetta City Limits to the Forsyth County Line.
(4) Deerfield Parkway from Windward Parkway to Cumming H ighway (S.R. 9).
(5) Morris Road from Deerfield to McGinnis Ferry Road.
(6) McGinnis Ferry Road from Morris Road to GA 400.
(Ord. No. 07-06-31, § 1(art. 4, § 4), 6-7-2007)
State Law reference— No violation of ordinance unless regulatory sign is posted on roadway,
O.C.G.A. § 40-6-371(c).
Sec. 56-67. - Use of temporary truck routes by restricted vehicles.
If a designated truck route, or any portion thereof, shall be under repair or otherwise temporar ily
out of use, restricted vehicles shall use other temporary truck routes as may be designated by
the mayor and city council and further identified by the posting of thea regulatory traffic control
sign.
(Ord. No. 07-06-31, § 1(art. 4, § 5), 6-7-2007)
Sec. 56-68. - Evidence required for restricted vehicle to be off truck route.
When upon roadways other than those designated as truck routes, any person driving or in
charge or control of any of the motor vehicles restricted by this article shall be prepared to
present for inspection of police officers his or her log book, weight slips, delivery slips or other
written evidence of his or her destination and point of origin to justify the presence of the
restricted vehicle on a roadway other than a designated truck route.
(Ord. No. 07-06-31, § 1(art. 4, § 6), 6-7-2007)
Sec. 56-69. - Vehicle weights and loads.
No vehicle shall be operated on any roadway within the city’s jurisdiction, including any city
limits,road designated as a truck route, with a total gross weight in excess of 5636,000 pounds
unless the vehicle is making a pickup or delivery on such road. The maximum gross weight of any
vehicle operating on any roadway within the city limits, shall not exceed 80,000 pounds.
(Ord. No. 07-06-31, § 1(art. 4, § 7), 6-7-2007)
State Law reference— Weight of vehicles and loads on county roadways, O.C.G.A. § 32 -6-26(f).
Sec. 56-70. - Weight limitations on streets, bridges and culverts.
(a) It shall be unlawful to operate any motor vehicle on any street within the city limits,
where the weight of such motor vehicle, with or without load, is in excess of the weight as limited
by this article and where signs indicating such limitations are posted. Further, it shall be unlawful
to drive any motor vehicle over a bridge or culvert within the city limits, over the weight capacity
shown on said bridge or culvert.
(b) The driver and owner shall be liable to the city for any and all damages caused by
driving an overweight motor vehicle over any street, bridge or culvert with a posted sign. These
4
damages are in addition to any fine or punishment that may be assessed for violation of this
article.
(Ord. No. 07-06-31, § 1(art. 4, § 8), 6-7-2007)
State Law reference— Enforcement of load limits, O.C.G.A. § 32-6-27.
Sec. 56-71. - Enforcement of weight and load limitations.
(a) Any person who violates the load limitations provisions of this article shall be conclusively
presumed to have damaged the public roads, including bridges within the city limits by reason
of such overloading and shall, in addition to any other penalty at law, recompensed the city for
such damages in accordance with O.C.G.A. § 32-6-27.
(b) Any owner or operator of a vehicle which is operated on the public roads within the city
limits in violation of the weight limits provided in this article shall be required, in addition to
paying the monies provided in subsection (a) of this section, to unload all gross weight in excess
of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(c) Any person authorized by state law and this article to enforce this article may seize the
offending vehicle of an owner who fails or whose operator has failed to pay the monies
proescribed in O.C.G.A. § 32-6-27(a), and hold such vehicle until the proescribed moneys are
paid. Any authorized person seizing such vehicle under this subsection or subsecti on (b) of this
section may, when necessary, store the vehicle, and the owner thereof shall be responsible for
all reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially
unloaded under this section, the load or any part thereof shall be removed or cared for by the
owner or operator of the vehicle without any liability on the part of the authorized person or the
city because of damage to or loss of such load or any part thereof.
(Ord. No. 07-06-31, § 1(art. 4, § 9), 6-7-2007)
State Law reference— Enforcement of city ordinances, O.C.G.A. § 36-35-3; enforcement of load
limits, O.C.G.A. § 32-6-27.
MILTON%
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: !August 13, 2018
FROM: Steven Krokoff, City Manager./
AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage
License to Milton Wine & Crystal, LLC, d/b/a Milton Wine &
Crystal, 12660 Crabapple Road, Suite 110, Milton, Georgia
30004.
MEETING DATE: Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (J,-<PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES („J4NO
CITY ATTORNEY REVIEW REQUIRED: () YES VN0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: x'91 L-)Lo,I
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on August 9, 2018 for the August 20, 2018 Regular Council
Meeting
Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to
Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal, 12660
Crabapple Road, Suite 110, Milton, Georgia 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of an alcohol beverage license for Milton Wine & Crystal, LLC, d/b/a
Milton Wine & Crystal, for ancillary wine tasting. Milton Wine & Crystal, LLC currently holds
an alcohol beverage license for package retail of wine.
Executive Summary:
City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage
licenses to businesses that properly submit application for and meet all of the legal
requirements to hold such license. This application was submitted due to request to add
ancillary wine tasting. Milton Wine & Crystal, LLC currently holds an alcohol beverage
license for package retail of wine.
Staff has processed the application and recommends issuance of the applicable license
for:
Business Name: Milton Wine & Crystal, LLC, d/b/a Milton Wine & Crystal
Contact Name: Yale Metz
Business Address: 12660 Crabapple Road, Suite 110, Milton, Georgia 30004
Type of License: Ancillary Wine Tasting
Funding and Fiscal Impact:
There is a positive fiscal impact of license fees and/or monthly excise taxes.
Alternatives:
None.
Legal Review:
Not required.
Concurrent Review:
Steven Krokoff, City Manager
Carter Lucas, Assistant City Manager
MItTON%
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: August 13, 2018
FROM: Steven Krokoff, City Manager (2)
AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of
the City of Milton, Georgia to Amend Appendix A, Fees and
other Charges for Chapter 50 - Subdivisions, Section 208.
MEETING DATE: Monday, August 20, 2018 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: (,4,"''ES () NO
CITY ATTORNEY REVIEW REQUIRED: QIYES () NO
APPROVAL BY CITY ATTORNEY. (,�PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0q)j0Iw1t
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us
0000
From: Carter Lucas PE, Assistant City Manager and Acting Director of the
Community Development Department
To: Honorable Mayor and City Council Members
Re: Consideration of an Ordinance of the Mayor and Council of the
City of Milton, Georgia to amend Appendix A, Fees and Other
Charges for Chapter 50 - Subdivisions, Section 208
Date: July 30, 2018 for August 20, 2018 Mayor and City Council Meeting
(August 6, 2018 First Presentation)
Department Recommendation:
The Community Development Department recommends Approval of the
proposed text amendment.
Executive Summary:
The purpose of the text amendment is to allow the Community Development
Department to record plats with the Fulton County Clerk of the Superior Court.
The type of plats would include both minor and final plats as well as Declaration
of Covenants, Conditions, and Restrictions (also known as Homeowners
Association Documents). Currently, the applicant is required to record the plat
or CCR and then return the recorded documents back to the City. This process
does not ensure that the City receives the appropriate documen tation after
recording. By allowing the City to record the documents, it will eliminate the
need for follow up with applicants to ensure they have completed the required
recording of documents.
The proposed fee is what is listed in the Clerk of the Superior Court’s Fee
Schedule as well as a $25.00 administration fee per subdivision. S taff is
referencing the Clerk of the Superior Court’s Fee Schedule so that this Appendix
A does not need amending if the County changes the fees. The current
applicable fees are listed below.
Deeds/Notices/Bonds $10.00 $2.00 for each add’l page
(Declaration of Covenants, Conditions and Restrictions)
Plats $9.00 $9.00 for each add’l page
Legal Review:
Paul Frickey - Jarrard & Davis (July, 2018)
Attachment(s): Exhibit A – “Fees and Other Charges” and ordinance.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO AMEND APPENDIX A, FEES AND
OTHER CHARGES, CHAPTER 50 - SUBDIVISIONS, SECTION 208 OF THE MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on August 20, 2018 at 6:00 p.m. does hereby ratify and approve the
following Ordinance:
SECTION 1. Pursuant to that authorization in Chapter 50 - Subdivisions, Section 208
of the Milton Code, Appendix A of the Milton Code is hereby amended to include a
table of fees and charges that may be assessed and collected for recording of Final
Plats and associated documents with the Fulton County Clerk of Superior Court, with
the schedule of said fees and charges as set forth in Exhibit A to this Ordinance; and
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are Repealed; and
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this 20th day of August, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
“EXHIBIT A”
Appendix A - FEES AND OTHER CHARGES[1]
FEES AND OTHER CHARGES
Section Description Conditions Amount (in dollars)
Chapter 50—Subdivisions
50-2(a) Penalties of violation No less than $1,000.00 and not to
exceed $2,500.00
50-208
Plat application
Recording of Plat and Declaration of
Covenants, Conditions, and Restrictions at
Fulton County Clerk of Superior Court
$25.00 administrative fee + $350.00
review fee + $5.00/lot
$25.00 administrative fee per
subdivision +
Recording Fees as established by
the Fulton County Clerk of
Superior Court
50-209 Fees for required inspection, water and
sewer connection, curb cut, and street sign See sections 48-466, 20-591 and 22-
50
50-210 Bond fee $250.00 legal processing and $50.00
administrative fee
TO:
FROM:
MILTON%
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: August 13, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia
to Amend Chapter 4 Alcoholic Beverages, Sections 4-533, of
the Code of the City of Milton, Georgia.
MEETING DATE: Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (, 4PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: Q/?ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,y%ES () NO
APPROVAL BY CITY ATTORNEY: (,JVAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
Gb(tz1 tort
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 Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on August 1, 2018 for First Presentation on the August 6,
2018 Regular City Council Meeting and Unfinished Business for the
August 20, 2018 Regular City Council Meeting
Agenda Item: Consideration of An Ordinance of the City of Milton, Georgia to
Amend Chapter 4 Alcoholic Beverages, Sections 4-533, of the
Code of the City of Milton, Georgia.
_____________________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
We are requesting to make clarifications to Chapter 4 Alcoholic Beverages to clearly
define the districts included in Section 4-533 – Definition of special districts. While the
maps approved and referenced in the current ordinance show the intended
boundaries, it does not reflect them in the text; we would like to add the correct
verbiage to the text.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Jeff Strickland, Jarrard & Davis, May 15, 2018
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Updated Chapter 4 Sec. 4-533
Crabapple Open Container Map
Deerfield Open Container Map
Birmingham Crossroads Open Container Map
Sec. 4-533. - Definition of special districts.
For the purposes of this article only, the Crabapple District, Deerfield District, and
Birmingham Crossroads Districts (as shown in the attached map s) are defined as
follows: The area of the city identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and
adjacent CS transect zones in the applicable Form Based Code, excluding, in the
Crabapple District, those parcels fronting Green Road and Arnold Mill Road.
( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 4 ALCOHOLIC BEVERAGES,
SECTION 4-533, OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on August 20, 2018 at 6:00 p.m. as follows:
SECTION 1 That the condition of Chapter 4 has revisions in Section 4-533 –
Definition of special districts;
SECTION 2 That the Chapter shall be revised in compliance with the State of
Georgia; and
SECTION 3 That all ordinances or part of ordinances that 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 approval of the Mayor.
ORDAINED this 20th day of August, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________
Sudie Gordon, City Clerk
(Seal)
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April 201 7
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April 201 7
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City of Milton
*NOTE: The Crabapple open container area is identifiedas T4, T4 Open, T4 Restricted, T5, and CS transect zonesin the Crabapple Regulating Plan, excluding those parcelsfronting Green Road and Arnold Mill Road and those CStransect zones that are not directly adjacent to the otherzones listed above.
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G:\TaxCommunityDev\OpenContainerOrdinance\DeerfieldOpenContainerAreas_al_v1.mxd
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April 201 7
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*NOTE: The proposed Deerfield open containerarea is identified as T4, T4 Open, T4 Restricted,T5, T6, and CS transect zones in the DeerfieldRegulating Plan, excluding those CS transectzones that are not directly adjacent to the otherzones listed above.5 0 2,000 4,000 6,0001,000 Feet
MILTON'k
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: August 16, 2018
Steven Krokoff, City Manager
Consideration of a Resolution Appointing a Member to the
City of Milton Parks and Recreation Board for District I/ Post 1.
Monday, August 20, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.u5
0000
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON PARKS AND
RECREATION BOARD FOR DISTRICT 1/POST 1
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on August 20, 2018 at 6:00 pm. as follows:
SECTION 1. That _______________ (District 1/Post 1) is hereby appointed
for a term commencing August 20, 2018 and ending on December 31,
2021 and,
SECTION 3. That this Resolution shall become effective upon its
adoption.
RESOLVED this 20th day of August, 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk