Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet - CC - 10/08/2018
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, October 8, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Reverend Dr. Brent Ward, Birmingham United Methodist 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. 18-278) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 8, 2018 Page 2 of 4 6) CONSENT AGENDA 1. Approval of the September 24, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-279) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending August 2018. (Agenda Item No. 18-280) (Bernadette Harvill, Finance Director) 3. Approval of a Construction Services Agreement between the City of Milton, Georgia and Quintech Solutions, Inc. for the Providence Park Lodge Demo Project. (Agenda Item No. 18-281) (Carter Lucas, Assistant City Manager) 4. Approval of Change Order #2 to a Professional Services Agreement for TSPLOST Batch 1 Design Services. (Agenda Item No. 18-282) (Sara Leaders, Transportation Engineer) 5. Approval of Change Order #2 to a Professional Services Agreement for TSPLOST Batch 2 Design Services. (Agenda Item No. 18-283) (Sara Leaders, Transportation Engineer) 6. Approval of a Task Order to Provide Northeast Crabapple Right of Way Services. (Agenda Item No. 18-284) (Sara Leaders, Transportation Engineer) 7. Approval of a Title VI Non-Discrimination Agreement with Georgia Department of Transportation. (Agenda Item No. 18-285) (Sara Leaders, Transportation Engineer) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 8, 2018 Page 3 of 4 8. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. 6 Freemanville LLC LL 311 & 338 16050 16060 16070 Freemanville Minor Plat Revision 3 lot 6.15 .48 Lots / acre (Agenda Item No. 18-286) (Carter Lucas, Assistant City Manager) 7) REPORTS AND PRESENTATIONS 1. Presentation of House Bill 710. (Representative Jan Jones) 2. Proclamation Recognizing Mark Law Appreciation Day. (Mayor Joe Lockwood) 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING 1. Consideration of an Ordinance to Ratify and Convert to an Ordinance the following Resolutions; Wireless Enhanced 9-1-1 Charges and Prepaid Wireless 9-1-1 Charges. (Agenda Item No. 18-269) (First Presentation at September 24, 2018 City Council Meeting) (Stacey Inglis, Assistant City Manager) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 50 to Incentivize the Development of Larger Lots within the City of Milton. (Agenda Item No. 18-268) (Discussed at September 17, 2018 City Council Work Session) (First Presentation at September 24, 2018 City Council Meeting) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 8, 2018 Page 4 of 4 2. Consideration of an Ordinance to Ratify and Convert to an Ordinance the following Resolutions; Wireless Enhanced 9-1-1 Charges and Prepaid Wireless 9-1-1 Charges. (Agenda Item No. 18-269) (First Presentation at September 24, 2018 City Council Meeting) (Public Hearing held at October 8, 2018 City Council Meeting) (Stacey Inglis, Assistant City Manager) 3. Consideration of an Ordinance to Amend and Restate the Defined Benefit Retirement Plan for the Employees of the City of Milton, Georgia. (Agenda Item No. 18-270) (First Presentation at September 24, 2018 City Council Meeting) (Sam Trager, Human Resources Director) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Community Outreach 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-287) M. MILTON% h TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 1, 2018 Steven Krokoff, City Manager 9) Approval of the Financial Statements and Investment Report for the Period Ending August, 2018. Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4"APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-KNO CITY ATTORNEY REVIEW REQUIRED: () YES (,;40 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o (e 6110+6 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 27, 2018 for the October 8, 2018 Regular Council Meeting Agenda Item: Financial Statements and Investment Report for Period 11 – August 2018 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.93% over what is anticipated for the eleventh period of the fiscal year. Total expenditures to-date are $20,175,716 and are 7.35% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $10,986,357, capital expenditures-to-date total $3,176,360. Please note that beginning in January 2018 the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending August 2018 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,757,093 12,520 - 12,520 10,955,599 10,757,093 198,506 Motor Vehicle Tax 502,000 48,133 41,633 6,500 459,506 416,333 43,173 Intangible Tax 220,000 21,492 18,333 3,159 201,007 183,333 17,673 Real Estate Transfer Tax 95,000 7,590 7,917 (327) 78,031 79,167 (1,136) Franchise Fees 1,972,840 49,800 - 49,800 1,674,763 1,750,340 (75,577) Local Option Sales Tax 8,700,000 764,957 725,000 39,957 7,550,810 7,250,000 300,810 Alcohol Beverage Excise Tax 298,000 26,104 24,734 1,370 262,077 247,340 14,737 Business & Occupation Tax 675,000 1,086 - 1,086 780,035 675,000 105,035 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 43,387 - - - 43,387 43,387 - Penalties & Interest 20,927 840 512 328 30,137 20,442 9,695 Alcohol Beverage Licenses 149,000 483 - 483 154,791 149,000 5,791 Other Non-Business Permits/Licenses 18,600 3,988 1,783 2,205 33,335 16,812 16,523 Zoning & Land Disturbance Permits 48,350 8,514 39,779 (31,265) 36,667 44,317 (7,650) Building Permits 335,000 38,662 26,800 11,862 363,418 301,500 61,918 Intergovernmental Revenue - - - - 4,622 - 4,622 Other Charges for Service 493,033 46,327 25,796 20,531 546,729 469,884 76,846 Municipal Court Fines 375,000 34,352 31,250 3,102 375,356 343,750 31,606 Interest Earnings 61,000 18,600 5,083 13,517 121,561 55,916 65,644 Contributions & Donations 12,959 - - - 19,298 12,959 6,339 Other Revenue 84,141 4,633 5,348 (716) 111,212 78,870 32,342 Other Financing Sources 326,636 - 1,250 (1,250) 303,496 298,386 5,110 Total Revenues 27,187,966 1,088,081 955,219 132,863 24,105,838 23,193,829 912,008 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 168,869 12,108 17,250 (5,142) 130,254 154,366 (24,112) City Clerk 353,535 17,727 17,673 53 226,773 336,567 (109,794) City Manager 723,571 71,648 55,119 16,530 649,822 645,554 4,268 General Administration 60,374 5,008 4,055 952 50,183 56,300 (6,117) Finance 512,668 37,854 31,615 6,238 425,458 470,437 (44,979) Legal 275,000 - 22,908 (22,908) 263,384 252,093 11,291 Information Technology 804,167 56,182 59,631 (3,449) 721,415 740,422 (19,007) Human Resources 333,864 30,794 23,500 7,294 279,748 304,046 (24,298) Risk Management 258,600 23,505 16,868 6,637 243,109 241,651 1,458 General Government Buildings 197,970 15,574 15,486 88 146,199 182,409 (36,210) Communications 198,926 12,569 15,175 (2,607) 123,087 180,404 (57,317) Community Outreach & Engagement 119,746 11,468 8,874 2,594 107,824 110,828 (3,004) Municipal Court 422,656 30,392 34,756 (4,364) 369,322 380,848 (11,526) Police 4,751,019 437,170 347,615 89,555 4,062,660 4,392,359 (329,698) Fire 6,954,455 674,928 613,431 61,497 6,158,244 6,479,310 (321,066) Public Works 2,473,141 205,175 199,603 5,572 2,044,245 2,283,049 (238,803) Parks & Recreation 1,397,613 81,079 48,691 32,388 1,131,215 1,300,610 (169,396) Community Development 1,132,903 90,126 110,252 (20,126) 910,049 1,049,927 (139,878) Economic Development 272,011 13,478 14,329 (851) 175,848 260,440 (84,593) Debt Service 851,712 - - - 852,136 851,712 424 Operating Transfers to Other Funds 1,240,374 137,335 137,335 - 1,104,739 1,103,039 1,700 Operating Reserve 76,824 - - - - - - Total expenditures 23,579,998 1,964,120 1,794,167 169,952 20,175,716 21,776,372 (1,600,656) Net Income/(Loss)3,607,968 (876,039)3,930,122 Fund Balance - Beginning 3,340,647 3,340,647 Fund Balance - Ending 6,948,615 7,270,769 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ -$ 300$ 300$ Summer Event Vendor Fee - - 140 140 Interest Revenues - 2 10 10 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor 1,000 - - (1,000) Summer Event Sponsor 5,000 - 1,000 (4,000) Mayor's Run Sponsor 1,000 - - (1,000) Literary Festival Sponsor 500 - - (500) Donations - - - - Private Entity Contributions - - 6,100 6,100 Gas South Partnership - 83 1,619 1,619 Mayor's Run Reg. Fees - - - - Holiday Card Sales 2,000 - - (2,000) Literary Festival Food Sales - - 380 380 Literary Festival Book & Author Event - - 260 260 Total revenues 24,500$ 85$ 9,809$ (14,691)$ EXPENDITURES Current: Special Events 109,588$ -$ 75,212$ 34,376$ Total Expenditures 109,588$ -$ 75,212$ 34,376$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 17,450$ 1,454$ 15,996$ (1,454)$ Transfers in from Hotel/Motel Tax Fund 73,000 6,901$ 65,660 (7,340) Total other financing sources and uses 90,450$ 8,355$ 81,656$ (8,794)$ Net change in fund balances 5,362$ 16,253$ Fund balances - beginning 28,708 28,708 Fund balances - ending 34,070$ 44,960$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Interest Revenue -$ -$ -$ -$ -$ Total revenues -$ -$ -$ -$ -$ EXPENDITURES Current: Economic Development -$ -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ -$ Transfers in from General Fund 50,000 - - - - Net change in fund balances 50,000$ -$ -$ Fund balances - beginning - - - Fund balances - ending 50,000$ -$ -$ City of Milton Economic Development Incentives Bank Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - 11,088 11,088 Interest Revenues/State Funds - - 16 16 Interest Revenues/Federal Funds - 2 29 29 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 2$ 11,134$ 11,134$ EXPENDITURES Current: Police -$ -$ 64,997$ (64,997)$ Total Expenditures -$ -$ 64,997$ (64,997)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ 1,700$ 1,700$ Total other financing sources and uses -$ -$ 1,700$ 1,700$ Net change in fund balances -$ (52,164)$ Fund balances - beginning 135,981 135,981 Fund balances - ending 135,981$ 83,817$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 930,000$ 37,082$ 710,849$ (219,151)$ Interest Revenue - - - - Total revenues 930,000$ 37,082$ 710,849$ (219,151)$ EXPENDITURES Current: Public Safety 930,000$ -$ 525,009$ 404,991$ Total Expenditures 930,000$ -$ 525,009$ 404,991$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ 185,840$ Fund balances - beginning 0 0 Fund balances - ending 0$ 185,840$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CDBG Grant -$ -$ 300$ 300$ 300$ Firehouse Subs Grant - - 19,152 19,152 19,152 Interest Revenues - - - - - Total revenues -$ -$ 19,452$ 19,452$ 19,452$ EXPENDITURES Current: Police -$ -$ -$ -$ -$ Fire - - 19,152 19,152 19,152 Parks & Recreation - - - - - Total Expenditures -$ -$ 19,152$ 19,152$ 19,152$ Excess of revenues over expenditures -$ -$ 300$ 300$ 300$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ 300$ 300$ Fund balances - beginning (300) (300) (300) Fund balances - ending (300)$ -$ -$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 73,000$ 6,901$ 65,660$ (7,340)$ Total revenues 73,000$ 6,901$ 65,660$ (7,340)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 73,000$ 6,901$ 65,660$ (7,340)$ Total other financing sources and uses 73,000$ 6,901$ 65,660$ (7,340)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 105,000$ 105,000$ 1,151$ 87,134$ 87,134$ (17,866)$ Infrastructure Maint Penalty & Interest - - - 69 69 69 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - - - 24,100 24,100 24,100 Tree Recompense - - - 1,250 1,250 1,250 Landfill Host Fees 130,000 130,000 - 90,798 90,798 (39,203) HYA Fees - - - - - Interest Revenue - - 25 434 434 434 Realized Gain or Loss on Investments - - - - - - Cell Tower Lease 77,400 77,400 11,516 72,707 72,707 (4,693) Insurance Proceeds/Public Safety - - - - - - Insurance Proceeds/Parks & Rec - - - - - - Insurance Proceeds/Public Works - - - - - - Atlanta HIDTA Stipend - - - - - - Capital Lease Proceeds - - - - - - Total revenues 312,400$ 312,400$ 12,692$ 276,492$ 276,492$ (35,908)$ EXPENDITURES Capital Outlay City Council 841,348$ 913,348$ -$ 29,140$ 29,292$ 884,057$ General Admin 27,762 13,762 - - - 13,762 General Govt Bldg 2,351,074 724,771 59,214 160,013 513,769 211,003 Finance - - - - - - IT 49,662 49,662 - 11,239 49,663 (0) Court - - - - - - Police 187,283 37,283 - 29,494 29,494 7,789 Fire 1,324,882 946,874 1,229 250,112 861,496 85,378 Public Works 6,912,477 5,670,959 65,263 1,722,805 3,785,490 1,885,469 Parks & Recreation 3,888,606 1,864,712 - 725,839 900,717 963,995 Community Development 782,148 764,986 19,442 247,718 370,562 394,424 Total Capital Outlay 16,365,243$ 10,986,357$ 145,149$ 3,176,360$ 6,540,481$ 4,445,876$ Excess of revenues over expenditures (16,052,843)$ (10,673,957)$ (132,457)$ (2,899,868)$ (6,263,989)$ (4,481,784)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686$ 1,061,488$ 1,061,488$ (132,686)$ Transfers in from Capital Grant Fund - 838 - 838 838 - Transfer out to General Fund - (272,636) - (272,636) (272,636) - Transfer out to Impact Fee Fund - (1,752,155) - (1,752,155) (1,752,155) - Total other financing sources and uses 9,249,656$ (829,779)$ 132,686$ (962,465)$ (962,465)$ (132,686)$ Net change in fund balances (6,803,187)$ (11,503,736) (3,862,333)$ (7,226,454)$ Fund balances - beginning 11,520,372 11,520,372 11,520,372 11,520,372 Fund balances - ending 4,717,185$ 16,636$ 7,658,039$ 4,293,918$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 731,992$ 731,992$ 783$ 721,472$ 721,472$ (10,520)$ Public Utility Tax-Current Year - - - 5,836 5,836 5,836 Personal Property Tax-Current Year - - 3 13,700 13,700 13,700 Motor Vehicle Tax - - 558 5,582 5,582 5,582 Penalties & Interest - Real Property - - 25 668 668 668 Penalties & Interest - Personal Property - - - 1 1 1 Intergovernmental Revenues - - - - - - Interest Revenue (Regions)120,000 120,000 31,202 269,735 269,735 149,735 Interest Revenue (SunTrust)- - 1 2 2 2 Bond Proceeds - - - - - - Total revenues 851,992$ 851,992$ 32,572$ 1,016,996$ 1,016,996$ 165,004$ EXPENDITURES Capital Outlay Parks & Recreation 25,172,767$ 24,816,445$ 15,644$ 4,539,856$ 4,584,211$ 20,232,234$ Fiscal Agent's Fees (95,541) (0) - - - (0) Issuance Costs (260,781) (0) - - - (0) Bond Principal - - - - - - Bond Interest 731,992 731,992 - 731,991 731,991 1 Total Capital Outlay 25,548,437$ 25,548,437$ 15,644$ 5,271,847$ 5,316,203$ 20,276,590$ Excess of revenues over expenditures (24,696,445)$ (24,696,445)$ 16,928$ (4,254,851)$ (4,299,207)$ 20,441,594$ Net change in fund balances (24,696,445)$ (24,696,445) (4,254,851)$ (4,299,207)$ Fund balances - beginning 25,067,864 25,067,864 25,067,864 25,067,864 Fund balances - ending 371,419$ 371,419$ 20,813,013$ 20,768,657$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,185,000$ 543,915$ 5,310,230$ 5,310,230$ (874,770) Interest Revenues 78 1,463 1,463 1,463 Realized Gain or Loss (GA Fund 1)8,604 17,893 17,893 17,893 Total revenues 6,185,000$ 552,597$ 5,329,587$ 5,329,587$ (855,413)$ EXPENDITURES Capital Outlay Public Works 6,299,071$ 49,018$ 371,262$ 848,561$ 5,450,510 Total Capital Outlay 6,299,071$ 49,018$ 371,262$ 848,561$ 5,450,510$ Excess of revenues over expenditures (114,071)$ 503,579$ 4,958,325$ 4,481,027$ 10,780,097$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (114,071)$ 4,958,325$ 4,481,027$ Fund balances - beginning 2,960,061 2,960,061 2,960,061 Fund balances - ending 2,845,990$ 7,918,386$ 7,441,088$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ 337,650$ 337,650$ (162,350)$ GDOT TAP (Big Creek Greenway)- - - - - - LMIG Funds 397,791 397,791 - 397,791 397,791 (0) GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483) GDOT-Signage/Landscaping 4,062 - - - - - Interest Revenues - 190 9 147 147 (43) Total revenues 4,590,336$ 4,586,464$ 9$ 735,589$ 735,589$ (3,850,875)$ EXPENDITURES Capital Outlay Public Works 5,714,911$ 5,414,911$ 2,141$ 1,311,863$ 1,355,157$ 4,059,754$ Community Development 4,900 - - - - - Total Capital Outlay 5,719,811$ 5,414,911$ 2,141$ 1,311,863$ 1,355,157$ 4,059,754$ Excess of revenues over expenditures (1,129,475)$ (828,447) (2,132)$ (576,274)$ (619,569)$ 208,879$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 328,750$ 28,750$ 3,194$ 25,556$ 25,556$ (3,194)$ Transfer Out to Capital Projects Fund - (838) - (838) (838) - Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 328,750$ 27,912$ 3,194$ 24,718$ 24,718$ (3,194)$ Net change in fund balances (800,725)$ (800,535)$ (551,557)$ (594,851)$ Fund balances - beginning 800,535 800,535 800,535 800,535 Fund balances - ending (190)$ 0$ 248,978$ 205,684$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 43,500$ 27,000$ 678$ 26,791$ 26,791$ (209)$ Law Enforcement Fund 23,000 13,000 285 12,188 12,188 (812) Fire Fund 130,500 72,500 1,631 69,837 69,837 (2,664) Road Fund 323,000 167,000 2,035 114,901 114,901 (52,099) Park Fund 976,000 650,000 18,645 696,091 696,091 46,091 Interest Revenues/Admin Fund - - 2 10 10 10 Interest Revenues/Law Enforcement Fund - - 1 5 5 5 Interest Revenues/Fire Fund - - 5 27 27 27 Interest Revenues/Road Fund - - 6 38 38 38 Interest Revenues/Park Fund - - 57 280 280 280 Total revenues 1,496,000$ 929,500$ 23,345$ 920,166$ 920,166$ (9,334)$ EXPENDITURES Admin -$ 44,967$ -$ -$ -$ 44,967$ Police - - - - - - Fire - 165,426 - - - 165,426 Public Works - 341,203 30,585 30,585 205,425 135,778 Parks & Recreation - 2,103,059 - 671,074 671,074 1,431,985 Total Capital Outlay -$ 2,654,654$ 30,585$ 701,659$ 876,499$ 1,778,155$ Excess of revenues over expenditures 1,496,000$ (1,725,154) (7,240)$ 218,508$ 43,667$ 1,768,822$ OTHER FINANCING SOURCES (USES) Transfers in from Capital Projects Fund -$ 1,752,155$ -$ 1,752,155$ 1,752,155$ -$ Transfer Out to General Fund/Admin (43,500) (27,000) - - - 27,000 Transfer Out to Capital Projects Fund/Law Enf (23,000) - - - - - Transfer Out to Capital Projects Fund/Fire (130,500) - - - - - Transfer Out to Capital Projects Fund/Road (323,000) - - - - - Transfer Out to Capital Projects Fund/Park (976,000) - - - - - Total other financing sources and uses (1,496,000)$ 1,725,154$ -$ 1,752,155$ 1,752,155$ 27,000$ Net change in fund balances -$ 0 1,970,662$ 1,795,822$ Fund balances - beginning (0) (0) (0) (0) Fund balances - ending (0)$ 0$ 1,970,662$ 1,795,822$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings -$ 15,000,000$ -$ -$ 15,000,000$ Fire - 2,000,000 - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay -$ 17,000,000$ -$ -$ 17,000,000$ Excess of revenues over expenditures -$ (17,000,000)$ -$ -$ 17,000,000$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds - 17,000,000 - - (17,000,000) Total other financing sources and uses -$ 17,000,000$ -$ -$ (17,000,000)$ Net change in fund balances -$ - -$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ 0$ 0$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2018 Amount Percent Yield Money Market - Quantum Bank 7,170,911 37%1.61% GA Fund 1 5,235,957 27%1.97% GA Fund 1 (TSPLOST)7,017,893 36%1.97% Grand Total Investment Portfolio 19,424,761 100% Current Month YTD Current Month YTD Interest earned 18,484 119,989 8,604 17,893 Budgeted interest 5,000 55,000 - - Variance over/(under)13,484 64,989 8,604 17,893 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending August 31, 2018 MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 1, 2018 FROM: Steven Krokoff, City Manager (0 AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton, Georgia and Quintech Solutions, Inc. for the Providence Park Lodge Demo Project. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.1,KPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.,4ES () NO CITY ATTORNEY REVIEW REQUIRED: (eES () NO APPROVAL BY CITY ATTORNEY: („ ),APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1010511016 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info @cityofmiltong a. us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Capital Projects Manager Date: Submitted on October 1, 2018 for the October 8, 2018 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton, Georgia and Quintech Solutions, Inc. for the Providence Park Lodge Demo Project. _____________________________________________________________________________________ Project Description: The Public Works Department is requesting the approval of a contract for the demolition of the lodge structure at Providence Park. An Invitation to Bid (ITB) was issued for the demolition of the lodge structure. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-6110-541200003 FY 18 Requisition Total: $24,800.00 Vendor DBA: Quintech Solutions Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Titan Environmental Services $38,500.00 Toa LLC $44,000.00 Southern Demolition $49,950.00 Financial Review: Bernadette Harvill, October 1, 2018 Legal Review: Sam VanVolkenburgh, September 14, 2018 Attachment(s): Quintech Solutions, Inc. Contract !!i7MECiF" n k!, J . ES'E:+1R U aI I E R ?oL+e CONSTRUCTION SERVICES AGREEMENT—SHORT FORM PROVIDENCE PARK LODGE DEMO PROJECT This Construction Services Agreement (the "Agreement") is. made and entered into this: _ day of , 201„_ (the ".Effective .Date"), by and betweer. t1w CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at. 2006. Heritage Walk, Milton; Georgia 30004 (hereinafter referred to As the "City"); and. Qui.ntech Solutions, Inc, a South Carolina Corporation, having its principal place of Business at 102 SAN GXREE PARK CT, STI: 4, SUAI1II RVII,LE, SC, 2948x} (hereinafter referred to. as the "Contractor"), collectively referred to hereiti as the "Parties". WITNESSETH THAT: WHEREAS; the City desires to retain a contractor to perform. services for the. conAruction.of:a Project. (defined below); and WHEREAS. Contractor has represented that.it is. qualif ed by training and experience to perform the Work (defined below) and desires to perforin the Work under the.tenns and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and. n 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: S..e.ction L.Contract.Documents: This Agreement along with the following documents; attached. Hereto. (except as expressly noted otherw°ise.below) and.incozporated herein.by reference, constitute the Contract Documnents: A. Scope of Work,. attached hereto as "Exhibit. A'!; B. Insurance: Certificate,.attached hereto as "Exhibit B' C. Contractor Affidavit, attached Hereto as ".Exhibit C7% D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. Performance Bond and Payment Bond forms, attached hereto:as "Exhibits E.1 and EX'.: F. City of Milton Code.of Ethics (codified.in the official Code of the City of Milton). In the civent af: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..discretio:h, :shall.govern. Section .2: The Work: A general .descrip.tion:of the Project is as follows: Scope -of work will consist of demolition and removal. of the lodge structure located at Providence Park located at 13.440 Providence. Rd,. MiIton, Georgia (the "Project"). The Work to be completed under this Agreemnent. (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 terni "reasonably inferable" takesinto consideration the. understanding of the Parties. that some details necessary for proper execution and completion oftire. Work may not.bc 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 comnponent. of the Work or are otherwise necessary for proper and complete installationand operationof 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 perforrrm. the Work in a prompt and: timely manner, which shall not impose delays. on the progress. of the Work. Contrac(nr shall commence Work .pursuant to this Agreement on or before the siart date. to be specified on a written "Notice to Proceed" issued .by .the City and shall`fmzlly complete the Workwithin 30 calendar days. •E.'I�s t1 i 1,'.I?I.�F1 S`e i.1' il_!.a.,. >•. C_i"104 i1 • ."i wi:ti� of .the start date specified in the.'Notice to Proceed". The City may terminate this Agreement for. convaiience at any time upon providing written notice thereof to Contractor, Provided'that.no damages are due to the ity for Contractor's breach of this Agreement,. the City shall pay Contractor for Workperfortned to date in.accordance with Section 5. herein. Section 4. Work Changes: Any changes to the Work requiring an increase in. the Contract Price (defined below) shall require a written change order executed by the City in accordance :with its purchasing regulations. Section 5. Compensation and Method .of Pa meat: The total amount paid.under this Agreement as -compensation for Work -.performed and reimbursement for costs incurred shall not, in any case, exceed $24,800.00. ("Contract Price except as outlined in Section 4 above, The compensation for Work performed shall.be based upon A. Flat Fees. and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated "by this Agreement. Contractor shall take no calculated. risk in the .performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within thebudgetary limitations established without disregarding sound principles of Contractor's. industry, Contractor will give writteri notice thereof immediatelyto 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 j.nade for unauthorized work. Compensation for Work performed and, if applicable, .reinabursement:.for casts incurred shall 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 Documentsor requested by the City to process the invoice. A single invoice shall be submitted at the completion.'of the: project; and such invoice shall reflect costs .incurred versus.costs budgeted. regardless Of anything to the contrary in Exhibit A, the City will not withhold retainage. The invoice shall be accompanied by.a Waiverand Release.up.on Final Payment procured by the Contractor from all subcontractors :in accordance with Q..C.G.A. § 44-14-36.6. Section 6. Covenwits'of Contractor: A. Ethics Code;. Conflict of Interest. Contractor agrees that it shall not engage. in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge .no circumstances exist which will cause a. conflict of interest in performing.the services required by this Agreement. Contractor and the City acknowledge .that it is prohibited for any person tooffer, 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 relate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or:preparatian of any part of a.program requirement. or a purchase request, influencing.the content of any specification or procurementstandard, rendering of advice, .investigation, auditing, or in any other advisory capacity.in any proceeding or application, request: for ruling, deterinination,.claim or controversy; or other particular matter, pertaining to any programrequirement: or a contract or subcontract, .or to any. solicitation. or proposal therefor, The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under. a contract to the prime Contractor or higher tier .sub -consultant,. or:any person associated therewith, as an inducement for theaw'ard of a. subcontract or order. B. Expertise of Contractor-, City's. Reliance on the Work. The. Contractor acknowledges and agrees. that the City does not undertake .to approve or pass upon matters. of expertise of the Contractor and that, .therefore, the City bears no responsibility for Contractor's Work .performed under this: Agreement.. The City will not,. and need not, inquire into. adequacy,. fitness, suitability or correetness .of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by.the City is limited to the function of determining whether there has been compliance with. what is required .to be :produced under this Agreement and shall.:not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional: and industry standards. C:.. Contractor's Reliance on Submissions by the City. Contractor trust. have timely information and input from the City in order to perform the Work.required under this Agreement. Contractor is entitled -to rely uponinformation provided. by the City, but Contractor shall be required to provide immediate written notice: to the City if Contractor knows or. reasonably should know that any:.information. provided by the City is erroneous, inconsistent. or otherwise. problematic. Co 1 S 01Lc.N A S,rce nu o V e -1 i .0 D. Contractor's Representative; Meetin s. �ARLE c -t -L I I N S I R -i N. \ \ I F I shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited — E -Vere Afdavit. Pursuant to D.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: C«nstrur6011 Services Agreement I Version 1.0 (1) the Contractor shall. provide evidence. on. City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be.sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, arc: 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: proyistons and .deadlines established in O.C.G.A... § 13-1.0-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide:an affidavit because it is an. WdNidual licensed .Pursuant to Title 26 or Title 43 or by the State Bar of.Georgia and is in good.standing. The .Contractor hereby verifies that it. has, prior to executing. this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and subrnitted such affidavit to City or provided the City with. evidence that it. is. not required to provide such an affidavit because it is an individual licensed and in .good standing as noted in subsection (2`) above. Further. Contractor hereby agrees to comply With the requirements of the federal Immigration Reform and Control Act of 1946 (IRCA), P.L. 99=603, D:C.G.A. § 13-1079.1 and Georgia Department of Labor Rule 3.00-1.0-1-.02. In the event. the Contractor contracts with any subcontractors) in connection with the covered contract, the Contractor agrees..to:secure from: such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A..§ 13-10-9.1 and Rule 300 -10 -1 -JO -2 by the subcontractor's..execution of the subcontractor.affidavit, the form.of which is attached hereto as "Exhibit D7, which subcontractor affidavit shall become.part.of the coritractorlsubcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it licensed and in good standing as. noted in subsection (2) above.. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor .and. Contractor's subcontractors shall. retain all documents and records of their respective verificationprocess for. a period of five (5) years fallowing completion of the contract. Contractor agrees that the employee -number category designated.. below is applicable to the Contractor. [Information. only .required if a contractor affidavit:is required pursuant to.D.CIG.A.. § 13-1'0-91.] 500 or more employees. l q0. or more employees. 1~ewer'than 100 employees. Contractor Hereby agrees that,iii. the event Contractor eniplo.ys or contracts with any subcontractor(s). in connection With this Agreement and. where the :subcontractor is required to provide an affidavit pursuant to Q.C.G.A..13-10-.91, the Contractor .will secure from the subcontractor(s) such subcontractor(s.') indication of.the above chiployee-number category that is applicable to the subcontractor. The above requirernents.shall be inaddition to the requirements of State and federal law, and shall be construed to. be in conformity with those laws. J. Confidentialit : Contractor acknowledges that it may receive confidential information of the City and that.it will proteetthe confidentiality of any such .confidential information and will require any of its subcontractors,. contractors, and/or staff to. likewise protect such confidential information.. K. Licenses,.Certifications and: Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates; licenses,. permits, or the. like required of the Contractor by any: and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and .other.permits and governmental fees, "licenses and inspections necessary or customarily secured for prober. 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 siinilar.authorities to simultaneously execute and bind Contractor to the tenns:..of this Agmcmerit,: if applicable. M. Ownership of GVork.. All reports, .designs; drawings, :plans, specifications., schedules, work product, and. other materials,. -including those in electronic form, prepared or in the. process.of being prepared forthe Work ("Materials") shall be. the property of the City, and the City shall be entitled to full access and copies of all such. Materials in the form prescribed by the City. Any and. all. copyrightable subject matter in all Materials is hereby assigned to. the City, and the Contractor agrees to execute.any.additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In.accordance with Title VT ofthe Civil Rights Act.of 1964, as amended, 42 U.S.C. § 200Dd; section 303 .of the. Age Discrimination Act of 1975, as ainended,.42 U.S.C. § 6102. section 202 of the Americans with Disabilities Act. of 1.990; 42 U.S.C. § 1.2.132, and all .other provisions.of Federal law; the Contractor agrees that, during: performance of this Agreement, Contractor, for.itself, its.assignecs and successors in interest,. will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin,. gender, age or disability. In addition, Contractor agrees to comply .with all applicable implementing .regulations and shall include the provisions of this paragraph in every subcontract for services.contemplated under this Agreement, Q. Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached.hereto. as "Exhibits F.1. and E.2" and witha surety licensed..to do business. in Georgia and listed on the Treasury Department's most: current list ( Circular 570. as amended), Upon the request of any person or .entity appearing to be :a potential beneficiary of bards covering payment of obligations arising under this. Agreement, the Contractor shall promptly furnish a. copy of the bonds or shall .permit :a copy to be made. Section 7. Final Proiect Documents, Warranty: Prior to final payment, Contractor shall deliver to City copies of any as"built,drawhigs, operations, and maintenance manuals, and any other. pertinent documents.relating.to the construction and. operation. of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace: all. defects in materials, equipment, or workinanship appearing within one ( 1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Com fete A reement: Counte arts Third Part Ri lits. This Agreement,. including all of the Contract Documents, constitutes.the complete agreement between the.Parties and supersedes any and all other agreements,. either oral or in writing, between the Parties with .respect to the subject matter of this Agreement. This Agreement may be executed i.n=y number of counterparts, each of which shall. be deemed to be an original, but all of which togethershall one and the same instrument. This Agreement:shall be exclusively for the .benefit of the Parties and shall not provide any third parties with any remedy, claim. liability, reimbursement; cause of action or other right. B. Governing Law. Business License- Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related: to this Agreement shall be.brought in the Superior: Court of Fulton County, Georgia or the U.S.. District Court for the -Northern District of Georgia — Atlanta Division; and Contractor submits to the jurisdiction and venue of such. court. During the Term of this Agreement, Contractor shall maintain a business license with the City,. unless Contractor provides evidence that no such license .is required. Contractor agrees. that. it will perform it& services in accordancewith. the usual and customary standards of the. Contractor's profession or business and in compliancewith- all applicable federal,.. state, and local laws, regulations, .codes..ordinances, or orders applicable' to the Project, including, but. not limited to, U.C.G. A. § 5U-5-63, any applicable records retention:requirements,. and Georgia's Open. Records Act (O.C.G.A. § 50-18-70., et seq.). C. Notices. All notices, requests, demands,. writings, or correspondence, as required by this Agreement, shall. be. in writing and shall be deemed received, and shall be effective, when. (1) personally. delivered, or (2) on the.third calendar day after the.postmark date when mailed. by certified mail., postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver: Sovereign Immunity. Na. express or implied waiver shall affect any term or condition other than the one specified. in.such.:waiver, and that oneonly to the extent specifically stated: Nothing contained in. this Agreement shall be construed to. be a waiver of the City's sovereign immunity or any individual's. qualified good faith or official immunities:. G.. Agreement Construction and ante retation• Invalidity of Provisions' _Severability.. Contractor represents that it. has reviewed and become familiar with -the Contract. Documents, the nature and extent of..the Work, work site(s),. locality.. and all local .conditions, laws and regulations that in any .manner may affect cost, progress; perfonnance, or furnishing of the Work, Contractor represents that it :has given the City written notice of all conflicts, errors; or discrepancies that.the Contractor has discos=eredin the Contract Documents, and.the written resolution thereof by the. City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity: or question of intent or interpretation arises, this Agreement is to. be construed as if the Parties had.: drafted. it jointly, as opposed. to being construed against a Party because it. was responsible for drafting one or more provisions of the. Agreement. In the. interestof brevity, the Contract.Docuinents.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 article(s). or section(s) of this Agreement, or any part thereof,. later be. -deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect: to :the extet7t possible as if this Agreement had. been executed. with the Mvalid.portion Hereof eliminated, .it being the intention of the Parties that they would have executed.the remaining portion of. this Agreelnent without including any such part, .parts, or portions that may for any reason. be he.reafter declared invalid. IN WITNESS WHEREOF, the City and the Contractorhave executed this.Agreement effective.as.of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] ii•EServicos.` _i l L'i'>_'s 1 . :Vcrsion 1 0 CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: CONTRACTUR;--Ouinte-ch-Solutions, Inc. By: JkPOLD I.0 IRC I - i ()\1=� Presidentice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest[Witness: By: Its: ((Assistant) Corporate Secretary if corporation) RATIFIED BY COUNCIL- OUNCIL: Signature- Signature: City City Attorney Joe Lockwood, Mayor Constructikm SmIces Aureement Versiim 1,0 "EXHIBIT A" 'I .MILTON SHEt QR18-PW02 Lodge Demolition Project 13440 Providence Park Drive General Description of Project Scope: The general scope of work will consist of demolition and removal of the lodge structure located at Providence Park located at 13440 Providence Park Dr, Milton GA 30004. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Pre -Bid meeting opportunities will be held of Providence Park on August 16, 2018 at 3:00 p.m. and again on August 17, 2018 at 10:00 a. m. to walk through the job. Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. Pre -Bid meeting opportunities will be held at Providence Park on August 16, 2018 at 3:00 p.m. and again on August 17, 2018 of 10:00 a.m. to walk through the job. QR 1 8-PW02 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a lump sures price "purchasing contract" with one firm to be the primary contractor of the Lodge Demolition Project. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any Items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is. to indicate the general quality and characteristics of products that may be offered. Each hid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following. information.: brand name, model or ma.nufacturer's-number or identification regularly used in the trade; .Photographs; specifications.and.cut sheets shall be provided of the proposed alternative. The City shrill be the sole judge of the suitability of the proposed alte.rn,ofive and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies;. materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOS, Milton, Georgia. No sales taxes. are to be charged. Any damage to any .building or traffic control device, or equipment incurred. during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the Sid on the lowest, best, responsible, and responsive vendor. QR 18-PNV02 21 l' i 5 , INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Controctor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State'of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included -In the CONTRACT AGREEMENT (Section 7.K). (t } Regulrements: The Contractor shdll have acid maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages. to property which may arise from or in connection with the performance of the Work by the Contractor, its. agents, representatives, employees or subcontractors. Ail policies shall be subject to approval by the. City .Attorney as to form. and content. These requirements are subiect to amendment or waiver if so approved in writing by the City, (2) Minimum Limits of insurance: Contractor shall .maintain the following. insurance Policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 Pone million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000. (one million dollars} .combined single .limit per occurrence for bodily and.person aI injury, sickness,. disease or death, injury to or destruction of property, including lass of use resulting therefrom. (e:) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in. writing. (.4) Other Insurance Provisions: The>policy is to contain, or be endorsed to contain, the following provisions: M General Liability and Automobile Liability erae. (i). The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on. the scope of .protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self - QR. I S-PW02 .3 insurance available to the City or City Parties. Any insurance or self- insurance maintained bythe City or City Parties shall. be.in excess of the Confmctor's ihsurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contrdctor's insurance shall. apply separately to each insured against whom claim is made or suit is brought, except with respect to fhe limits of the insurer's Ila bility. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to.policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights 'of subrogation against the City and City Parties. for losses arising frorn Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer proyiding Workers' Compensation Coverage will agree to waive all rights of subrogation against the. City and City Parties for losses arising. from Work perforated by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shatI not be suspended, voided, canceled, reduced. in coverage or in limits except after thirty (303 days prior written notice by certified mail, return receipt requested, has been given to the City. f iij Policies shall have concurrent starting. and ending dates. {5j Acce tabilit of Insurers: insurance is to be placed with insurers authorized to do. business in the State of Georgia a.nd: with. an A.M. Bess' rating of .no less. then ..A-.Vl. (6) Verification of Coverage, Contractor shall .furnish the City with certificates of insurance and. endorsements to the policles evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shalt be on a form utilized by Contractor's insurer in its normal course of business and shall be received and. approved by the City within 1en (1.Q) days of the Notice of Award. The City reserves the. right to require complete, certified copies of all required insurance policies. at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7.) Subcontractors: Contractor shall include all subcontractors as insureds under Its QR I8-PW02 4 1 .1➢ policies or shall furnish separate certificates :and. endorsements for each subcontractor. A11 coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend, any claims -made insurance policy for at least six (6) years after termination or ficial payment under the Agreement, whichever is later. (9) City as Additional Insured and Lass Payee: The City shall be named. as cin additional insured and loss payee on all policies required by this Agreement, except the. City need not be nomed.as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are. not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and condifions.stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a kiond to. secure payment of a!1 claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the.Treasury Department's mast current list (Circular 570 as amended) and be authorized. to do lousiness in the State.of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must n.at be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the: Work, the successful Udder,shall execute.a written oath as required byO.C.G.A. §§ 32-4-1.22 and 35-91-2.1 (e). QR 18-PW.02 5 M I LTO Nlt�, ESTABLISHED 2OD6 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: QR 18-PWOZ Lodge Demolition Project 13440 Providence Park Dr The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees chat if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices QR 18-PW02 51 P _ bid for the various items scheduled, The Bidder further proposes and agrees hereby to prom ptly:commence fhe Work. with. adequate forces and equipment within ten.. (10) calendar days. from receipt of Notice to Proceed and to complete .ail Work within thirty (30) calendar -days from the Notice to. Proceed. if weather affects the required completion schedule, The City and selected Bidder will. negotiate anew. completion date.. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid), If this. bid shall be accepted by the City of Milton and. the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds; or furnish satisfactory proof of carriage.:of the insurance required. within ten days from the date of Notice of Award of the Contract, then the City of Milton. may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid. Bond shall be forfeited to the City .of Milton as.liquidated damages.. Bidder acknowledges receipt of the following addenda: Addendum No, Date viewed Bidder further declares that the full name and resident. address of Bidder's Princip01 is as follows: Signed, sealed, and dated this Bidder Mailing Address: day of _,20 Bidder. Company Name Signature: Print dame: Title: (Seal) QR 1:8-PW02: 7 111 ' ;,. c MILTON ESTABLISHED 2046 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY {Name and Address of Principal Pface of Business): OWNER {hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY (Seal) Surety's Nome and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: QR 1 8-PW02 8 1 1;.! Note: (1) Above addresses are to be used for giving any no.fice required by the terrns of this Bid Bond. (2) Any singular reference to Bidder; Surety,. the City or any other party shall be considered plural where applicable: 1. Bidder and Surety, jointly and severally, bind. themselves, their heirs; executors, administrators, successors and. assigns to pay to the City upon Default of Bidder the penal sum.. set forth on the face of this Bond. 2. Default of Bidder:shali occur upon the failure of Bidder to deliver within the time required by fhe Bidding Doc urnents (or any extension of thaf time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and. any performance and payment Bonds required :bythe Bidding. Doc urrments. 3. This obligation: shall be null and void if: 3.1. The City accepts. Bidder's. Bid and Bidder delivers within the time required by fhe Bidding Documents (or any extension of that time agreed. to in writing by the City) the executed Agreement required by the Bidding Documents and. any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to. issue a Notice of Award to Bidder wlfhln the time specified in the.Bidding Documents (or any extension of that time. agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph.5 hereof). 4. Payment under this. Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written. Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the. Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on.or arising out.of, any time extension to issue a Nofice of Award. agreed to it) writing by the City and Bidder, provided that the total time, including. extensions for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due. date without Surety's written consent. 6. No suit or action:shall be commenced under this.3ond either prior to 30 calendar days after the. Notice of Default required in paragraph 4 above is received by Bidder and Surety or later f h a n one year sifter Bid due date. 7. Any suit or action under this Bond shall be commenced only in .a court of competent jurisdiction located In the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their QR 18-1'W02 9 1 P z respective addresses shown. on f he face of this Bond; 5 u c h notices moy be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid,. and shall be deemed to be effective upon receipt by the party concerned.. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent orrepresentative who executed this Bond. on behalf of Surety to execute, sea] and deliver such Bond and bind the Surety thereby. 10.. This Bond is intended to conform. to all applicable statutory requirements. Any applicable requirement of any applicable statute that has.been omitted from this Bond shall be deemed to be included.herein as if set forth of length. If any provision of this Bond conflicts with any applicable statute..then the. provision of said. statute shall govern arid the remainder of this Bond that is nat in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein. includes a Bid,.offer or.,proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. QR 18-PW02 10 1 P :,t M I LTO NIP EST. BLIS11ED 2006 PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Public Works Department (City) requests for interested parties to submit bids/proposals for the Lodge Demolition Project, 13440 Providence Park Dr, Milton, GA 30004. Scope The Contractor will demolish and remove the building, concrete slab and all wooden support piers. The Contractor will also remove the sidewalk and crosstie wall and steps. Once the building and all associated debris has been removed the Contractor will backfill the area tying into the slope behind the crosstie wall leaving a 3:1 slope. The slope will be stabilized with seed and straw. 13440 Providence Park Dr: One story frame structure QR 18-PW42 I 1 Aka r at - _ Vis= The selected contractor shall be responsible for demolishing the structures and foundations and removal of all trash and debris from the project area in accordance with local, state and federal regulations. No burial of debris will be permitted on the site. All work performed shall be in accordance City of Milton Construction Standards. The Contractor will adhere to all current State and Federal construction safety regulations. including OSHA regulations. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DDT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by October 31, 2018. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. QR 1 8-PW02 13 1 ; Construction shall begin no later than ten (10) calendar days following the Notice. to Proceed. The Contractor will mobilize. with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the :calendar days.indicated on the Bid.Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9.00 am to 4:00 pm and the normal workweek sha11 be Monday through F iday. The City will consider extended. workdays or workweeks upon written requesf by the Contractor on a case bycase basis.. No work will be allowed on City recognized holidays including Labor Day. The work. will require bidder to provide all labor, administrative forces, equipme.nf, materials and other incidental items to complete all required work. The City shall perform a Final inspection upon completion of. all Work.. The contractor will be allowed.. to participate in the Final Inspection. All repairs sha11 be completed by the contractor at his. expense prior to issuance of Final Acceptance. Except to the extent limited by law; 1070 retainage will be he from the total amount due the contractor until Final. Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The contractor shall procure all permits and licenses,,pay all charges, taxes and fees, and give. OIL notices necessary and incidental to the due and lawful prosecution of the work. UTILITIES. Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The: Contractor shall be responsible forthe preservation of all public and private property, crops, fish pontis, trees, monuments, highway signs.:and mbrkers, fences, grassed and sodded areas, etc: along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be lett in. the right-of-way a..nd screened topsoil.sha11 be. placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or. indirect damage or injury is done to public ..or private property by or on account of any .act, omission, neglect or misconduct in the execution of the w.o.rk,. or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition .similar or equal to that QR 18-PW02 14 1 P e� �. exisfing .before such damage or injury was .done,. by repairing, rebuilding or otherwise restoring as. may be directed,. or she] ne. shall make good such damage or injury in an acceptable manner. The contractor shall correct ail disturbed areas before retainage will be released. ABESTOS ABATEMENT The Contractor shall remove and dispose of all asbestos material. All. waste material shall be transported to an approved EPA Certified Class I Landfill permitted to accept asbestos. The Con.trac#or shall also be responsible for preparing and submitting all necessary documents to the Georgia Environmental Prof ecfian Division for the ten. 00) day demolition notice. RODENT ERADICATION Pre -demolition. these lected contractor shall diligenfly eradicate all rodents aid vermin before demolition and provide a rodent letter from a certified exterminator. EROSION AND SEDIMENT CONTROL The Contractor will provide suitable erosion and .sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion. and sediment control measures is required at all times. The contractor sha1.1 have. certified erasion and sediment control personnel on site at all furies. All NPDES, GSWCC and City of Milton :guidelines should be followed. All erosion and. sediment control work shall be performed in accordance with the standards provided in the Georgia. Manual for Erosion and Sediment Control in Georgia, latest edition. Provide a single row of Type:C silt fence along the down slape side of ali disturbed areas.. All barriers shrill be in place. prior to any.land disturbing acfivilies: Silt fences: and hay bale. barriers. shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contra ctorldeveloper when the site is stable. Silt fence fabric shall be comprised of Ga. Department of Transportation qualified: products Section 171, type "A", for silt fence fabric Temporary vegetation and/or heavy mulch will be used to. stabilize areas. In ;no case shall a. site be left bare for more. than fourteen (l 4) days.. No clearing beyond the limits of disturbance. shown on the approved pians shall be. allowed. without approval. QR 18.-PW:O9. 1.S 1 i_, <<. Provide a minimur n of inch of mulching, temporaryand permanent seeding of all other disturbed areas. SAFETY REQUIREMENTS The Contractor shall be responsible for the entire site and. the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He/she: shall be responsible for any damage to the Owner's property or that of others on the job, by himself/herself; his/her personnel or his/her subcontractors, and.sholl make good such damages. He/she shall be responsible for and pay for any ciairns. against the Owner arising from such damages. The Contractor shall provide all necessary .safety measures for the protection of all persons on the work. Contractor shall: clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards.. He/she shall protect against damage or .injury resulfing from falling materials and he/she shall maintain all protective devices. rind signs throughout the progress of the work. CODES, PERMITS AND INSPECTIONS The Contractor 5ha11 obtain. the required permits, if required, give all notices, acid comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings: and specifications are at variance therewith, he shall promptly notify the City in writing, If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations,.and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and. provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the: base bid. The Contractor is responsible for obtaining all required inspections. CLEANUP Al] restoration and clean=up work shall be performed daily. .Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean=up activities may result in suspension. of the work. QR 187 V 02 16 1 P :i g ASBESTOS SURVEY UNIVERSAL ENGINEERING SCIENCES LIWED ASBESTUS SURVEY Providence Park Lodge and Storage Buildings 13440 Providence Park Drive Milton, Fulton County, Georgia UES Project No. 1640.1 SM042.0000 Report No. 1242956 June 29, 2015 Prepared For City of !Milton 13000 Daedleld Parkway Suite 1aTG Milton, Georgia 30004 Prepared By: Univ@mal Engineering Sciences, Inc 3040 Business Park drive, Suite F N4rrru8s, Georgia 3DO71 (770) 242-6439 Repoa PreoaratJam le8gry Almdylal. P.E i r t Manager GA EPA-Acoradded Inspector COINSULrAfiT5: Geotechmcal Engineanrrg • Environmental Engineering ■ Comuruchon Materials Testing Threshold Inspectlon Private Pravider Inspection OFFWC Oaltxa Bsad+. R • Fen ", FL . Fart Flews, R - 4;anawla, FL • jxkw k, F1 Lmbn. F, , rami R - Il ma, G1 - Ocea, FL • 0%V Cal. FL Lxaw Ft * Pakn Coast, FL , Panma Cay, FL - Aersewla, FL - Po;".FL 0 Sarasask s . - 51. A gdtm. FL , bm. rL • Mk A Palm BRBM, F: QR 18-PW02 171 1, it u6S.Pro EAFlo.113ip.45aU442MOO R®ppO No- 1242360 Sure 23.21}15 WOMi:k11:181bIt£q1Loh, i This. report presents the results of asbestos containing building material (ACBM) evaluation survey performed on the lodge and storage buildings located at U440 Providonce .Park DrIve in. Milton, Fulton County, Georgia. The work was conducted in accordance with .the scope of work de:firied in Universal Engineering Soiences, Inc, (IJES) Proposal No. 1540,0515.00003. dated .May 22, 2015. 1.1 Purpose and Scope The purpose of this study was to perform an. evaluation for the presence of ACBM within talo ufficelratail suites listed: above_ The activities and procedures used to accomplish this task were as follows' Walked -through and observed accessible aweas of the structure to identify, locate and assess .suspected ACBM, 2, Collected bulk samples of each Suspect ACBM and analyzed. the pollected samples using. Polarized Light Microscopy {PLM) for presence of asbestos fusers. 1.2 Warranty The field and laboratory results reported herein are considered sufficient in detail and scope to determine: the presence of accessible .andlor exposed suspect AC BMs in the structure_ UBS warrants that the Findings .conta'ined herein have been prepared in general accordance with accepted prances as applied by simllar professiona.Is in the:. industry: Changes in the state of the art or in applicable regulations cannot be anticipated and have not been addressed in this report. The survey and analytical. methods bove been used to provide the client v-0 information regarding the presence of accessible andlor exposed suspect AGSMs existing in the structure at the tiara of inspection. Test results are valid only for the materials tested. "there is a distinct.possibiiity that conditionsmay exist which. could not be identified v�ithln the, scope of theshady or Which were not apparent 4uring the site visit The inspection covered only those areas, which were exposed aridlor physically accessibla to the inspector, The study isalga limited. to the information available from the cdient at the time it was conducted, No other warranties are expressed or implied. 2.0 BUILDING CHARA,CTF-RISTICS.AND INFORMATION The IWge and storage. buildings at 13440 Providence Park Drive are currently unoccupied, The interior Wails and ceilings are finished with wallboard, Floors consisted of concrete tile, cant, and bare concrete. The roofs are sloped vdth asphalt. shingles. Pegs t or s QR 18-P W02 19 1 P UFS project Na. M40. ac Co Re -00 W_ 32428e6 June P9, 2x315 3,0 ASBESTOS INSPECTION PROCEDURES Three forms. of ACBMs are typically found in buildings_- (1) sprayed or troweled -on surfacing materials; (z) thermal systems insulatfon (insulation on pipes and boiiers);.and .(3) miscellaneous materials such as wallboard, adhesives, ceiling tiles, and floor tiles. A walk-through. inspection was conducted ars June 17, .2015 to identify these arld .other materials.presentwvitilun the buildings: The field inspection was peftfrned by lyir, . Jeffery .R. Goodyeat; inspector accredited according to the. Code of Federal Regulations Title 40;. Part. 763 (40 CFR M3•AHERA). Refer to Appendix 3. for qualifications of inspectors. After a.pmllminary walk-through of the building, a detailed observation was conducted to evaluate the -location and eMdent of the suspected A.CBMs. Once identified, those materials were categorized into homogeneous areas containing materials of the same type, age, visual appearance, .texture, Composition, etc.. Random, and in some cases, judgmental samples of each homogeneous: area material were; them col€ected. The physical condition and potential for disturbance and damage of each material was assessed- In addition, as .tactile. inspection of the materials was performed to: evaluate friability. if the material, when dry can to crumbled, pulverized or reduced to pawner by hand pressum, if is. considered 1'riable- 4:0 SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS Based en UES' visual surrey of the structure, twelve. (12) building material samples were Obtained from the storage building and seventeen (17). samples from the lodge building. Tables 1 and 2 present a summary of the materials suspected of containing asbestos. Tante 7 _ Susimct Hortm E nous ACBMs Visual identified in $ta a Building 'n.... �3 ripia liefmbnra; : 8ttis4irl t786criptiOil ..........:.. .. f3ar 1{ig t tttrra I VIB-R'! la W@-03 Wa!baard ihmugh"t 2 JC•01'to .IC -63 Joint Compound Throughout 3 R&01 -to RS -03 € Roof Shli &- Rant ^_ d. RF. -a1 to RF -43 Roof Felt 7hmughaut Takle 2 Suspect Homogenous ACBMxl�vally Identified tn. Ladgla Bvitdfng 'n.... I via M to WB -03 WaMoard Throughout Pace 2 of G QR 18-PW.02 19 UES Project Fie. I M,15C0U42 QVM Report No. 12420.% .Irmo 29.21115 Table 2 _ S1rs Hnrno etmm AC 3"S Visuall Identified In Lod a Bu noir Hasnrrlati..:.. sarnpta [4Uinb ig Material D@ r" 5 mp�ng t ormtinn . A�:ifferisl t1ia:.: 2 X-01. to 30-55 Jai ki Compound = tireughaut � 3 RS•41 to 85-03 Asps 1t'5hingle M_. mors) 4 R€PD1 to RF -pa Roof Felt R90F 5 CT3 >31.to c6-03 1 Crsue 6am 1 i7rQ�gl out 5.0 LABORATORY ANALYSIS 6.1 BULK ANALYSIS The .samples of the suspected. ACBM collected during. the. field Inspection were transported with chain -cif -custody documentation to CiEl Labs (CEI) in Cary, North Carolina for laboratory analysis, AES is accredited by the National Voluntary Laboratory Accreditation Program NVLAP), which is administered by the National Institute of Standards and Technology, these samples were analyzed for the presence o.f asbestos fibers. using PLM. The analyses, Were performed according to EPA klethod 60018-934115, July 1905. 5.2. POINT COUNT Sarnples of the suspect ACMs collected during. the field. inspections were notpoint counted as part of this survey. 1&0 FINDINGS Laboratory analyses of the samples collected: from the buildings located on the subject. property didnot.identriy any ACBMs.. 7.0 SUMMARY Based on the laboratory analysis report= no ACBMs were identifier) in the buildirtgs;. 8.0 REGULATORY INFORMATION The demolition of buildings containing ACBMs is regulated under the NESHAP statute, The .NESHAP regulations require. notification. to the controlling agency and removal of all .regulated asbestos wntaining materials (RACM) prior to demolition. RACM..is defined as (1) friable asbestos material, (2) Category t non ffiabie asbestos containing material that has become friable, (3). Category i non -friable asbestos containing material. that will be or has been subjected to: sanding, grinning, cutting, or abrading, or 14.) Category if non -friable asbestos containing material that: has a high probability o€ Page 3 or 5 QR 18-PWO2 20 1 P Uc%Psdsj Ala. 16455IS60042.4000 Repurt N6 124205G JuDa 21D, 2615 becoming or has become crumpled,. pulverized, or reduced to powder by the forces expected to act on the: material in the course of demolitlon operations. regulatedby . NESHAP. Renovation or dernolit{on activities .in a building that contains Asbestos Containing Material (ACM). or Presumed Asbestus Containing Material (PACM) are. also regulated under the OSHA Asbestos. Construction. Standard (29 CFR 1M,1101): The OS 14A standard requires the building owner to inform their employees who will work in or adjacent to areas containing AClvt or, PACM, perspective employers applying or bidding for work whose employees reasonably can be.expected to worts in or adjacent:to areas containing ACM or PACM, all ernpioyem of employees on multi. employer work sites who w ill.be performing work with or adjacent to areas containing asbestos, and tenants ww11 occupy:areas containing ACM or PACM, of the presence, location, and quantity of ACM or PACM at the work sites In their buildings and faciliNes. Further,. the OSHA standard (29 CFR 1926.1101) requires employers who dis oover ACM or PACM to. convey information concerning the.. presence, .location and quantity of such: newly discovered ACM or PACM to other employers. or employees working at the work site within 24 (hours of discovery. Whilo OSHA says the notification can be. written or personal communication, there aremany to written commun cation, The OSHA canstrucWn .standard {29 CFR 1926.1101) also contains specific training, work. practices, procedures, engineering controls, notifications, permissible exposure limits, personal protection, record keeping, and a multitude of other requirements for tate demolition, renovgori, construction, alterations, repair;. maintenance of structures, substrates or portions them of that conta.In asbestos. 9.0 CONTROLUNG AGENCIES The controlling agency for the coordination of projects involving asbestos removal or demolition For the .subject property.is the. Georgia Environmental Protection Division, Georgia Department of Natural Resources; Lead -Based Paint and Asbestos Program, 4244. international Parkway, Suite 104, .Atlanta, Georgia 30354. The contact. ,person is Mr, ,lames Jackson at (404) 363-71341 or Ms. Lisa Davidson at (4041 362-2565.. Mage. a of s QR 18-PW02 .211 P CEIL=S-AB'=S June 23, 2015 Universal Engineering Sciences 3040 Business Park Drive - Suite F Norcross , GA 30071 CLIENT PROJECT: City of Milton Lodge. 1640.1500000.0000 CE! LAB CODE: 815-3716 Dear Customer Enclosed are asbestos analysis results for PLM Bulk samples recelved at our laboratory on .lune 18, 2015. The samples were analyzed For asbestos using polarizing light microscopy (PLM) per tha EPA 600 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (AGMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <I% asbestos by weight as determined by visual es rnabon. Thank you for your business and we look forward to continuing good relations. 1f you have any questions, please feel free to call our office at 918-491-1413, !find Regards. Tianbao Bal, Ph.D., CIH Laboratory Director HV to �. 1:"P Lab Godo tAI?"f 107 New Edition Court • Cary, NC 27511 •519.491.1413 QR 18-PW02 22 CEILIR�% ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Universal Engineering Sciences CLIENT PROJECT: City of Milton Lodge; 1640.1500000.0000 CEI LAB CODE: 815-3716 TEST METHOD- EPA 6001 R93 J 115 and EPA BOD f M4-821420 REPORT DATE: 0$!23115 TOTAL SAMPLES ANALYZED: 17 0 SAMPLES >1% ASBESTOS. TEL: 866-481-1412 www.coi)abs.com QR 18-PW02 23 j f' :� Asbestos Report Summary � By: POLARIZING UGHT MICROSCOPY C E I-ar3s PROJECT: City of Milton Lodge, 1640.1500000. 0000 CEI LAB CODE: B15-3716 METHOD: EPA 60 E R93 1116 and EPA 5DD I !14442 1020 ASBESTOS cDllelt W Layer Lab ID Color Samp4e Description % RF41 $49527 Black Fall prtper None Defected RF -02 13495tH Black Fen Paper Nona De*dcd RF -Q3 84952& Blade Fel[ Paper Anne Devcfed R8-1 - — S49530 Browfl.aladc Shirrpie flans C_:_ft' RS -2 d94953t 6ruw'n.Muck Shkj* NoneDevcad RSA 849532 Bfown,Bladc ShiDWe Norte Detected CEM 849533A- ._... . Brown Corebaae None Detested 6495338 Yellaw,Brcwn Mastic None Defected C012 849534A Brown ['.urebase None Omected B49534B Yeeaw,Brown MMbC Nana DHecOed C6.3 8849535A Brown Covebm None oeiecmd 0495956 Yeitow,Brown Matic None DMMW WB•1 v 849535 White.Ten Wlrillipvard>lteud None Defatted WB -2 M9637 11Oike Tan WabaarddA A None Deiemw WS -3 849538 Wnite.Tan 1f402*8rdemud Nona DaIttmd T JC -1 849539 Mite -Of -white Ja1r11 Compound None Deta"a JC-? B49540 4Vhrtr,0ff-i►hrte Joint Compound Nznc Ddsded JC -3 B49541 White.o f ohite imm Compound _ None Detedted JG+ 849544 Warte,4R-white JadntCompound None Delecled X-5 B40543 WNIe,OR-whike Joint Compound Mane Detected Page 1 of 1 QR 18-PW02 241 1' , ASBESTOS BULK ANALYSIS Cw I L E VW 9y; POLARIZING LfGHT MICROSCOPY Client: Universal Engineering ScivMne5 CEI Lab Code: 515-3716 30+0 Business Park Drive - Suite F Date Received: 06-18-15 Norcross , GA 30071 Date Analyzed: 0$-19-15 nate Reported: d8-23-15 Project: Cily ❑f Milton Lodge, 1640.1 500W.0000 ASBESTOS Bt7LK PLU. EPA 800 METHOD Ghent b Lgh Lab NON-AMESTOS CO111PUNEM ASBESTOS RF -01 Felt Paper HelBrownsous 9Q% Cellulase IDN Tar None Detected B4951 i 613ek fibrous Round RF -02 Fe4 PAper meterogeneous W.4 CaAUlosc 10% Tar Nene tweeted 849523 81ad4 FlbeoLs Bound RF -03 Felt Paper Heterogenous got CalWaae 10% Tar None Detected Fl49S29 afa k Fibrovs Sound RS -1 Shingle Hewageneaus 25% ColfiAme 25% S liwes Home Detected 849530 Brown.51a* 25% Fiberglass 25% Tar FIbf01.1 BOW4 RS -2 Hewcgeneous 25°r Cellulose 25% Ucatma Nana De4vtod 849531 Braan.Eladc 25% Rberl$ms 25 Yr Ter Ftroms Bound RG -3 Shingle Heleropriems 25% Cellulase 2541 86c'mes None Detected 849532 Brcum at&(% 25% Fiberglass 25% Tar FuKous Bound G8-1 Cb 613*he Neleroipmeuus Z% c4oulo" 701/6 Vinyl ma wDote.ted B49533A Brown 25% 811►ieF Fibrous 8oind Page 1 of 4 QR I8-PW02 251 P age Page 2 or 4 QR 18-PW02 261 1 `' ASBESTOS BULK ANALYSIS CE IL $� By. POLARIZING LIGHT MICROSCOPY Client: Urtiversat Engineering Sdences CEI Lab Code: 016-3716 3440 Business Park Drive - Suite F Date ReCelved: 06-18-15 Norcross. GA 3DO71 Date Analyzed: 06-19-15 nate Reported: 06-73-15 Prot- City of Millon Lodge. WO. 1500000.D000 ASBESTOS BULK PLM EPA 660 METHOD CikKd 10 Lob Leb NON+AGUST09 COMPO"EMT8 ASSES7433 Lob ID Desrnption AmLbules Femme. Moefibmm % 8495:13B Ligate He:eroge•vtis 5% Cedlvbse 95% Vastic Mona Deteeted Fibro.�s t3aurw C13-2 Cuvebeae HereropenMeS 2% COAu W I^ VFnyt Nene Delected EAS- 3RA ardwri ander Fdxw.a Boand AAWI:'+LR Mastic Hete•cgeneouv W Cel hila WV, Mar, C NOM Detested Veba 11r F braus Bound CB-3 C 3Ye"Se ireenrnpereouS 754 Cellulova 11Vh V ,yl None Doweled SAI963' A Brown 7R'h 9u`Ctr C.o'a1a fpund R49535n Music -ieteropennade 5% Caluxae 95% V554C None DHecled varlaw Hlwvn rlbrUr.a bojed W&1 Aa9boarlWid Heter09eneots '5% Celluloio 5% Paint None Doweled R495:ifr +Make Tan TO% Mac Cart F trcu6 ?C% Gypaurl Bound 101111�.2 VvAmx di?ArR Hamrogencoua 15% Cerluloae 5% Pa •moi None Deeecsed 847537 vp.le•ran '0% CalcCarb flbroua 7p76 Gypum eound Page 2 or 4 QR 18-PW02 261 1 `' ASBESTOS BULK ANALYSIS C: E I ft POLARIZING LIGHT MICROSCOPY Client' Universal Engineefing Sciences CEI Lab Code: 815-3716 3D40 Business Park Orme - Suite F Data Received: 06-1&15 Norcross, GA 30471 Date Analyzed: 06-15-35 Baia Reported: 06-23-15 Project: City of Milton Lodge; 1640,1500000 .0000 ASBESTOS BULK PLM, EPA 604 MET140O Icment ID Lab Leh NON ASOESTOS COMPONENTS ASBESTOS Lab OPscriplion Atoi4nt" FlIbmus ' Nan•Fl6raus WB -3 WaIIUD6a trr&id Hatacogeneaus 15"i, Cellulose Sly. Pa"A Nano Oetectcd Ha`J» 4 ~c Tan 10% Calc Cath Fibrous to% Gypsurn Bound JC -1 Joint Calnpaund Helerageneous 5% Cellulose 5! pam4 Now Oslected 54D539 WFIIte,OM wh is 451A Calc Carp Fiprou5 4974 Silmcales BOUnd J" Jspn' Campaund Henn uwrircue W C40ulnae 5% Pxmt Noce Doha!" 649W V&jte.Off hits 4554 Calc Carp Fmbrous ASIA 614cat" Bouno X-3 Jane Campo -bpd Heterogeneous 5% Cetuiese 5% Pant None Oeteclea 949541 WNt9,Off-white ASIA Cplc Cirb Fibrous 45% SFRrmtes Bound JC -4 ifort ComppVnd Neteroernsous 5% Ce4ulesw 5'% Parol None Deferled 645542 Whte Off-white 45% Cala Cart Flomus 45% SiHratcs Bound JC -1 Jami Carnpoune Hetmpeneous 5% Cellulose 6% paint Nano Deteclyd 1349S43 Whmo.04-whiie 45% Cale Carb F Ihrol,s 45% sdicaw8 Hound Pege 3 of 4 QR 18-PW02 27 1 P a L, W "_rr CEIL.AE3'r. LFmGEI417: Nan-Anth = Non-Asbestifcxm Anthophyllde Nan -Tram = Non-Asbestiform Tremolite Cafe Carp - Calcium Carbonate METHOD: EPA 600 1 893 1 116 and EPA 600 ? M4-82 1020 LIMIT OF DETECTION: --1 % by visual estimation REGULATORY LIMIT. >1% by weight Due to the limitations of the EPA 60 method, nonfriable organically bound materials (NOBS) such as vinyl Moor tiles can be difficult to analyze via polarized light microsrapy [PLM. EPA recommends that ail NOBS analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation - This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written appro4at by CEI Labs, Inc. CEI Labs makes no warranty representation regarding the accuracy c d*nI submitted information in pre" ring and presenting analytical results. Interixatatsan of the analytical results is Me sole responsibility of the client. This report may not be used by the tient to claim product endorsement by NVLAP or any other agency of the U.S. Government. ANALYST: -�� APPROVE13 BY: yan Williams mvt!NVLAP Loh Cade 1017f.0� Tkanbao f3si, Ph -d CIH Laboratory Directar page 4 of 4 QR 18-PW02 28 1 P <i g e CCII�� 1 d7 New Edkmn Cow CAIy, NC 27511 Tat B" 461 1412 Fax 919481.1419 CHAIN OF •. ;rZY i�+ L'ZfslliZ7jLi1i� COMPANY CONTACT WFORMATION NAKTHOD CinVarT Untversal Engineering Scienees. Inc K Adds,,, 3040 Buraness Park breve jm Cantacr Jeffery Goodyear Suite F E,,,.rjgoodyear@unrvarsalengireering,ram rdorcrass. OA 30071 1 r■I (770) 242-8438 a N it Fea ❑ I Ll ❑ IJ ASBESTOB NAKTHOD 4 Wr i MR* TURN AROUND TM 12 MR, 1 DAY 2 DAY 3 DAY b DAY PLM BJLK PLM POINT COUNT x4001 PLY PDIHT COUNT ,10001 EaA 000 EPA 6Q0 EPA 600 Li Ll Ll LJ Ll LJ Ll ❑ li 0 PLM ORAWAIRIC PW MAY, 00"I CDuns PCM AIR 1'U AR EPA 000 EPA400 PODS+174W _— - ANERA ❑ I Ll ❑ IJ Li Li TDA AMR EPA L4rlI B W Li Li Li TEM AIR NIOSH 74012 TEM 5ULK DATFIELp Fl TEM DUST WIPE AS1r/ 01540605 ❑ TEM DUSTm7CAoVAC AStY D6 TWO) 0 ❑ TEM OWLJTATVM OTMER GFl LABS LEAD PAKF METH 0 ■ HR' 0 HR' 12 14R' 24 NR 2 DAY 3 DAY i DAY LEAD PAW LEAD vwft LEAD SOIL LEAD Alit WICR EPA AVAW 70006 EPA svow ?0006 _. FPA $VA46 7WC6 NKXW !ORI ❑ El ID REMARKS xnry�s �^+ AprW. Sample+ r� Relett Sanplcs W ftwas q ai 30 pays CEI CORM ■ VERSaN QR 18-PW02 291 P :to c C E IL SAMPLING FORM 6)� 5q)U COMPANY CONTACT WOR"TWO • Unlvarset Ergineennp SoopmJeffery Goodreaf p wwne Pmpd,O K Ta 770.2/7 6438 pap 1 of --L— CEI -L CEI FORM r VERS60N QR I8--PW02 301 I' ;i c- MILTONiP ESTABLISHED 20U& (BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Print/Type Company Name Here CORPORATE CERTIFICATE 1, , certify that i am the Secretary of the Corporation named as Contractor in the foregoing bid: that who signed said bid in behalf of the Contractor, was then (title) of said Corporation, that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers: that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) QR 18-PW02 31 r' MILTON FSTA$LISHED 2" [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: - QR 18-PW02 321 1' .� HOME OF'"- i F! i • M i LT0N i*k I STAR 1151 I E h 207o [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE) STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Lodge Demolition Project Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 201 in (city), {state}, Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: QR 18-PW02 33 1 P a g e M I LTO N. 1P ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE 13448 Providence Park Dr. Bid Amount (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) Total Bid Price $ Print Total Bid Price Fill out completely the Bid Schedule above as well as line entries for "Total Bid Price" and "Print Total Bid Price". Number of days to fully complete project (exclude weather related days) In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each. Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE QA 18-PW02 34 1 I' MILTON MAD L15k1E0 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This farm is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: QR 18-PWO2 351 i' SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of informal Bid Pre -Bid Meefing on Location 13440 Providence Park Rd Deadline for Written Questions Date: August 9, 2018 August 16, 2018 @ 3:00 PM OR August 17, 2018 @ 10:00 AM August 20. 2018 @ 5:00 PM *Questions may be emailed to: bids@cityofmiltonpa.us or submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltorga.us City of Milton Addendum (on or about) August 21, 2018 (Official answers to questions and potential changes to ITB. Addendum will be posted at the some web locations as the ITB) Bids due: Auctust 27 2018 @ 5:00PM **Bids may be emailed to: Bids@citvofmiltonpa.us or submitted electronically via Milton's BidNet procurement portal/platform at www•cltyofmiltonga.us If you have registered with the City of Milton as a vendor via BidNet procurement porfal/platform, or are already a member of the Georgia Purchasing Group, you may submit your questions and bid online at www•cityofmiltonga.us via the BidNet procurement portal/platform, If you ore not a registered vendor/member you may email your questions and bid to bids@cit ofmilton o.us . We encourage you to register with us as a vendor, There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Contract Award (On/about) Notice to Proceed Issued (Onlabouf) September 10. 2018 QR 18-PWO2 361 i I L-1-0 N I I1.1BLM I ID 2A, ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 CSR 18-PWO2 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced Quote Request. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: ENTAIL ADDRESS: Signature ADDENDUM #1 FAX. Date 11Page QR 1 8-PW02-Addendum # 1 ADDENDUM #1 QR 18-PW02 Response to Questions from Job Site Walks. 8/16/18 & 8/17/18 1. What are the expectations for surrounding brush/overgrowth? How for from the building is the expected cleared footprint? The contractor will only need to remove the overgrowth in front of the building and any other tree and shrub that is needed to complete the demolition. 2. is work allowed on weekends? On a case by case basis we have allowed Saturday work. 3. Are there any utilities or running water in the specified work area? The contractor is responsible for a utility locate before work begins. The utilities that feed the building have been shut down for over 10 years. 4. Will the parking lot be removed? No, the contractor will only remove the curb and gutter, sidewalk, and concrete stab around and under the building. 5. Does the contractor need to install temporary fencing? No 6. Does sidewalk go? See question 4. 7. Do the support poles have to be removed? The City does want the support poles to be removed. if the contractor has problems removing a pole, the pole can be cut off below grade. 8. Do we need to remove any trees? See question 1. 9. Do we need to install erosion control? Yes, 2 1 Page' OR 18-PWQ2-Adden dum #I SEALED BID QR18-PW02 Lodge Demolition Project August 27, 2018 5:00 PM Submitted To: City of Milton 2006 Heritage Walk Milton, GA 30004 Attn: Honor Motes, Purchasing Dept. B ids@ C ityOfM iltonGA. U S Submitted By: �UIINTECH I SOLUTIONS 2550 Lithonia West Drive Lithonia, Georgia 30058 BUSINESS SENSITIVE - PROPRIETARY This proposal or quotation includes data that shall not he disclosed outside of the City of Milton and shall not be duplicated, used. or disclosed --n whale or in part --for any purpose other than to evaluate this proposal or quotation. If, however, a contract Is awarded to this offeror or quoter as a result of --or in connection with—the submission of this data, the City of Milton shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the City of Milton the right to use information contained In this data if it is obtained from another source without restriction. Sheets with data subject to this restriction are appropriately marred. EMAIL SUBMISSION i ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 QR 18-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton A#tn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-247-2500 Fox: 678-242-2499 Email- iionor.mvtesC-cityofmiltongo.us I hereby acknowledge receipt of documents pertaining to the above referenced [quote Request. COMPANY NAME: Cuintech Solutions, Inc. CONTACT PERSON: Charles Halls or Harold Gillens ADDRESS: 2550 Lithonia West Drive CITY: Lithonia STATE: GA IIP: 30058 PHONE: (678) 664-6268 FAX: (843) 695-0222 EMAIL ADD ESS' CHalls@QuintechSolutionslnc.com 1 HGillens@QuintechSolutionslnc.com t Signature ata ADDENDUM #1 1IPage Q 18-PW02-Addendum #I [BIDDERS DUST RETURN THIS FORM WITH BI RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA. 30004 Ladies and Gentlemen: In compliance with your Sid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as. necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, far: CSR 18-PW02 Lodge Demolition Project 13440 Providence Park Dr The Bidder has carefully examined and fully understands the Contract. Specifications, and other documents hereto attached, has made a personal. examination of the Site of the proposed Work, has satisfied him seIf%as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in. full conformance with the Contract Documents. It is the intent of this Bid to..include alt items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents, In accordance. with the foregoing, the undersigned proposes to furnish and construct the items fisted in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, ;services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope; intent; and completion of the Contract, shall be deemed to have been included in the prices QR I8-PWO2 6il'D ?e F5TABUSlit I> 2DD6 [BIDDERS DUST RETURN THIS FORM WITH BI RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA. 30004 Ladies and Gentlemen: In compliance with your Sid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as. necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, far: CSR 18-PW02 Lodge Demolition Project 13440 Providence Park Dr The Bidder has carefully examined and fully understands the Contract. Specifications, and other documents hereto attached, has made a personal. examination of the Site of the proposed Work, has satisfied him seIf%as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in. full conformance with the Contract Documents. It is the intent of this Bid to..include alt items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents, In accordance. with the foregoing, the undersigned proposes to furnish and construct the items fisted in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, ;services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope; intent; and completion of the Contract, shall be deemed to have been included in the prices QR I8-PWO2 6il'D ?e bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (1 a) calendar days from receipt of Notice to Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate ❑ new completion date. Attached hereto is an executed Bid Bond in the amount of Dollars ($ (Five Percent of Amount Bid). $1,240.00 If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 1 Date viewed 08121118 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 27 day of _ August , 20-J-8— Bidder Quintech Solutions, (Sealj Company Name Bidder Mailing Address: 102 Sangaree Park Court, Suite 4 Summerville, SC 29466 Signature: Print Name: Harold Gillens Title: President QR 18-PW02 7 I' a 'lp MILTON ESTABLISHED 2W6 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. i agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Cade of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will nQt kqe violated in any respect. Authorized Signature Date 08127/2018 Print/Type Name Harold Gillens Print/Type Company Name Here Quintech Solutions, Inc. CORPORATE CERTIFICATE I, Harald Gillens , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Harold Gillens who signed said bid in behalf of the Contractor, was then (title) President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This 27 day of August . 213_ t - (Seal) (Signature) QR Z 8-PW02 31 11' ESTABLISHED 2106 [BIDDERS MUST RETURN THIS FORM KITH BID RESPONSE1 LIST OF.SUBCONTRACTORS I do v, do not -, propose to subcontract some of the work on this project. i propose to Subcontract work to the following subcontractors: Earthbound Construction, LLC Company Quintech.Solutions, Inc, QR 1 S-PNV02 32 1 m L -0 E"05 [BIDDERS MIDST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in 0-C,G-A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 590711 eVerify Number 08/13/2012 Date of Authorization C.uintech Solutions, Inc. Name of Contractor Lodge Demolition Project Name of Project � h. of Millon, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ALLgu 2Z. 2018 in Summerville {city]. SC (state). Signature of Authorized Officer or Agent Harold Gillens Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE .217 DAY OF AUCzusT- 2018, NO PUBLIC [NOTARY SEAL] My Commission Expires: QR 18-PW02 331 I' MILTON"it ESTABLISHED 2W6 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE) BID SCHEDULE 13W Providence Pork Dr. Bid Amount $ 24, 800.00 (Dollar Amount in Numbers) Quintech Solutions, Inc. (Company a 4 (Signature} Harold Gillens (Printed Name) Total Bid Price $ 24, 800.00 Print Total Bid Price twenty-four thousand, eight hundred dollars Fill out completely the Bid Schedule above as well as line entries for "Total Bid Price" and "Print Total Bid Price". Number of days to fully complete project (exclude weather related days) 30 cal. days In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (1201 days of the date of Bid opening, that he will furnish any or all of the items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Quintech Solutions, Inc. 2550 Lithonia AUTHORIZED SIGNA PRINT 1 TYPE NAME Harold Gillens TITLE President QR 18-PW02 34 1 P a g e lip FSTASLiSt1EA 7066 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM This farm is far disclosure of campaign contributions and family member relations with City of Milton officials/employees- Please complete this farm and return as part of your bid package when it is submitted. Name of Bidder Quiritech Solutions, Inc. Name and the official position of the Milton Official. to whom the campaign contribution was made (Please use a separate Farm for each official to whom a. contribution has been made in the past two (2) years.] Not Applicable List the dollar amount/value and description of each campaign contribution made over the post two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Descrip#ion Please list any family member that is currently (or has peen employed within the last 9 months) by the City of Milton and your relation: QR ! 8-PW02 .35 .I r' ,� _: c " UMMI.T B" ni iimgnI .n1 MPOPORFI I A CERTIFICATE OF LIABILITY INSURANCE D09/OG/201.8 691[!61201$ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND'CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR .NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES. OW. THIS CERTIFICATE OF INSURANCE DOES . NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),.AUTHORIZED BELSU REPRESENTATIVE OR PRODUCER;,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerkificate holder is an ADDITIQNAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 'bject to the terms and conditions of. the policy, cortain policies may require an endorsement.. A statement on this certificate does not confer,['" ts to. the Certificate holder in lieu.of such endorsements . PRODUCER License 4 1000009384 CONTACT Meredith Thomason. PHO r� Extl:.(864j 2"13-4439 we No}: Hub International Carolinas 133.0 Lady Street: Columbia, SC 29201 E-MDAI . Meredith.Thomason hubinternational.com FNS URE $ AFFORDING COVERAGE NAIL # 12/0212018 INSURER A : Ass oc1atetl Industries Insuranee Com pany, Inc. 23140 DAMAGETfJRENTED 1.00,000 PREMt a occ a ce 5 INSURED INSURER.B:Halimark Specialty Insurance Company 26808 INSURER c. Westchester. Surplus Lines Insurance.: Co. 10772 Qulntech Solutions, Inc: INSURER D, 102 Sangaree Park Ct,..Ste 4 Summerville, SC 29486 INSURER E: INSURER F AUTOMOBILELIA&N.ir1 ANYAUTO OWNED SCHEOJLEO. AUTOS. ONLY ALLpFT.0p8�y 'A'R ONLY ONTO rn1100Ar_r=c. 1"CtiTlCfl"ATC AfFFuni=m- RF%IICfr]fd hilfrdlRFR•. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED -TO THE:INSURED NAMED ABOVE FOR THE POLICY PERIOD. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TE13M OR CONDITION OF ANY CONTRACT OR. OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS.SUBJ..ECT TO ALL THET£RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS. INSR TYRE OF INSURANCE ADOL SUER pgLICY.NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERALLIABILITY1,000,000 CLAIMS -MADE OCCUR X ..X: ES103683602 12/0212017 12/0212018 fACH:OCCLIRR£NCE .S DAMAGETfJRENTED 1.00,000 PREMt a occ a ce 5 MED EXP LAny oris pemonj S 5j000 PERSONAL & AOV INJURY $ 1,000,000 GEtTL AGGREGATE LIMIT APPLIES PER: POLICY T JECF L1 LOC OTHER: gENERALAGGREOATE $ 2,000,000 PRmuctS - CompiooAGG 2,000'000 $ AUTOMOBILELIA&N.ir1 ANYAUTO OWNED SCHEOJLEO. AUTOS. ONLY ALLpFT.0p8�y 'A'R ONLY ONTO C a aBiNEO ptjSINGLE LIMIT $ WDILY INJURY Per erson BODILYINJURY Per accident PF�ani AMAGE $. $. 13 X UMEIRELLALIAB EXCESS LIAB X 'OCCUR CLAEMS-MADE X x 77HX189035 07111120.18 07111/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2,000,000 OED RETENTION$ $ WORKERS COM PEN SAnON AND EMPLOYERS' LIABILITY YIN ANY ORO PRiETC RMARTNER!EXECUTIVE F-1 �i,iwnPdERIM�n r EXCLl10E57 { .Eg 1 !tyS descrlhe under OESCRiPTION:OF OPERATIONS Nelms N.! A PER OTH- STATUFrE FR E.L. EACH AC IDENT S E.L. D15EA9E-JJA ETA PLQYE S E. L. DISEASE- POLICY LIMIT S C Pollution X X. 671156369001 .671111209.8 0711.412619 Aggregate 2,000,00E MSCRIpTION OF OPERATIONS 1 LOCATIONS 1 VERICLES (ACORD lot, Additional Remarks. Schedule, may W attached 7 snore space is required) Ref: Lodge Demolition ProjecLat 13440 Providence Park Arfve, NllIto n GA. rcDTlcIrATF 14n1 111=0 CLAIUr FI I ATInN ACORD 25 (2016103) ©198$-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Logo are registered rnarks.of`ACORD SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED BEFORE Pity Of.MiItOI! THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH -THE POLICY PROVISIONS. 2006 Heritage Walk Milton, GA 30004 AUTNORITED REPRESENTATIVE wl ACORD 25 (2016103) ©198$-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Logo are registered rnarks.of`ACORD -1.8 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 13/10/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND. CONFERS NO. RIGHTS UPON THE .CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AFFIRMATIVELY .OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEC REPRESENTATIVE OR PRODUCER,:AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the poilcy(les) must have ADDITIONAL INSURED proVislons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms. and conditions of the policy, certain policies may require an endorsement. A.statement on this certificate.does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT JIFA PHONE E„11. (868) 282-9723 �TMAXC 0{855] 828-2424 E-MAIL ADDRESS: Certiftcate(gyHenover.com HPB INSURANCE GROUP 1NC _ .INSURER S AFFORDINGCDVERAGE MAIC# PO BOY. 890 INSURERA : All[rtedca Financial Benefit. 41840 HIGH POINT NC 27291 INSURED. INSURERS: M1tassa0u.SettS Bay InS Co 22306 INSURER C : INSURERD : QUINTECH SOLUTIONS INC INSURE_R.E ; 102 SANGAREE PARK CT STE 4 INSURER F': ^- SUMMERVILLE SC 29493 rnVI7PAnPC 1 r-PT1F1rATF W IMRFI?• RF%Ilglnld MIIMRFR- THIS IS TO CERTIFY THAT THE POL[CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN010ATED; .NOTWl1 MSTANDING ANY REQUIREMENT, TERM OR CONDITION OF: ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHiGH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT tO ALL THE TERMS, EXCLUSIONS AND CONDITIONS: OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN.REDUCED BY PAID CLAIMS. INSR 7R TYPE OF ENSURANCE ADDL€S S POLICY EFF POLICY NUMBER Mh1iDDlYYYY POLICY EXP MMID IYY mm. LIMITS MILTON. GA 30004 COMMERCIALGENERAL LiABILITY EACH.00CURRENCE $ R CLAIMS -MADE ❑OCCUN E ED P 1AF PREMISES 0ccurrance S MED EXP (Any one person) S I l w PERSONAL &ADV INJURY I$ j GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE: S �....�......._......._..�. ] PRG- POLICY pko- LOC � _ PRODUCTS:-COh1PfOPAGG S _ $ OTHER: AUTOMOBILE LIABILITYI 3 COMBINED SINGLE LIMIT s .1,00b,000 Ea ac 1 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OVrNEFS AUTOS S7NLY AUTOS ONLY Iv Y Y AW6. D227536 01 05131!2078. .0513.102019 ;BODILY INJURY [Per aocl=4n ,_ PROPERTYDAM..AGE• ; $. rPer sccldent UMBRELLA LIAR � IOCCUR 3 I EACH pCCURRENCE_ 15 _ j AGGREGATE $ "_ EXCESS LIAS I CLAIMS -MADE j DED RETENTION S I i 5 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETC RIPARTNERiEXECLITIVE OFFICERIMEMBEREXCLUD£D7 [Mai•�da$ery inNFi) 141 A' Y W06 D206544 01 06.1311201.8 € 0513112019.'0W000 V' P9TAT UTE FO: RH- F,L. EACH ACCIDENT .8•_,_1.;000,000 ? E_L_AIS@ASE-EP:FMPLQV Etw $ 1,000:000. If yes, describe under DESCRIPTION OF OPERATIONS ba:ow 3 �. E.L. DISEASE- POLECY LIMIT $ 1.DOO.ODO I 3 bEsepwrION OF OPERATIONS ! LOCATIONS I VEHICLES (ACORD f 01; -Additional Romarks Sohe&le. may be. attached if mora space is required) ExcludadOfficers: Harold C GilIarls RE:.Lodge Demolition.Project, 13440 Providence Park Drive, M11ton, GA CITY OF MILTON is an.Addltlonal. Insured on the Auto Liability pursuant:to the terms and conditions by Form CA0001. Waiver of. Subrogation as provided by form 461-03.15:and by form W00003'13. rFaTlFlf:erl" idnl i1F0 rAMrl=l I AT1nM V 1980-2015 ACORD CORPORATION. AII.rlghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marksofACORD. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION HATE. THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. .CITY OF MILTON AUTHORIZED REPRESENTATIVE. 200&HERITAGE WALES. r' MILTON. GA 30004 'is}tl Ci�:S �'L• +� u,. V 1980-2015 ACORD CORPORATION. AII.rlghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marksofACORD. "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-14-91(b)(1) STATE OF South Carolina COUNTY OF Berkeley By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G. A. § 13-10-9 1. 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. § l3 -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 590711 Federal Work Authorization User Identification Number August 13, 2012 Date of Authorization Quintech Solutions, Inc. Name of Contractor Providence Park lodge Demo Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on �J�p1En�r3E`R Z(, 2018 in (city), 115 L (state). �C- Signature of Authorized Officer or Agent Harold Gillens Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS T E 21 DAY OF 201 �. OT—. UBLIC My Commission Expires: H ExFh a LT n" SUBCONTRACTOR AFFIDAVIT STATE OF Georgia COUNTY OF Fulton 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 Quintech Solutions, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore:, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: J2I5271 Federal Work Authorization User Identification Number Date of Authorization Earthbound Constructiort LLC Name of Subcontractor Lode Demolition Pr ;ect — 13444 Providence Park Dr. Milton GA 30004 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 20Ig in o (city}, A. to S g o d Officer o Michelle Bonar 1 Owner and President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ANP SWORN BEFORE ME ON THIS THE IZ DAY OF s ,201. NOTARY PUBLIC u++ [NOTARY SEAL] My Commission Expires: /0141,120/ Bond No. RCB0013160 "EXHIBIT E..1" PERFORMANCE BOND CITY OF T MILTON, GEORGIA KNOW ALL THEN BY THESE PRESENTS THAT Qu ntech Solutions, Ine..(as CONTRACTOR,: hereinafter referred to as the "Principal"), and RLI Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S` SURETY"),are held and firmly bound unto City of Milton, Georgia (as OWNER,hereinafter• referred to as the "City"), for the use and benefit of the City., in the sum of twenty-four thousand, eight -hundred dollars ($24;800.00), lawful money of the United States of America; for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firnily by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Providence Park. Lodge Demolition Project (hereinafter referred to as "the PROJECT"), which agreement is. incorporated Herein by reference in -its entirety (hereinafter .referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are. as follows: 1. That. if the; Principal.shall fully and completelyperform each and all -of the terms, provisions and requirements. of the Contract, including. and during: the period of any warranties. or guarantees.required thereunder, and all modifications, amendments; changes, deletions, additions, and.. alterations thereto that may hereafter be. made, and if the Principaland the Contractor's Surety .shall indemnify and hold harmless. the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every. description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure. or default on the part of the. Principal in the performance of any and all of the terms, provisions, and requirements. of the Contract, including all. modifications., amendments, changes, deletions, additions,. and alterations thereto, and any warranties or. guarantees required thereunder, then this obligation shall be void; otherwise to remain in. fill force and effect; I. In the event of a. failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or. default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and. undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's. Surety; and b.. The means, method or procedure by which. the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications., omissions, .additions., changes,. and advance payments or deferred. payments .in or about the Contract,. and agrees that the.. obligations undertaken by this Sond.sball .not be:.impaired in any mannerby reason of any such modifications, omissions, additions; changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be bxought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF;..the Principal and. Contractor's Surety have hereunto .affixed their corporate seals and caused thisobligation to be. signed by their duty authorized .gfficers or attorneys-in4act, as set.forth:below. Attest: (signature) —>N Ie Ltd SMI (print) Title: +3us • w G2 1z . Attest: si ature) Kimberly Santia ❑ (print) Title: Office Manager Date: September 26 2018 CONTRACTOR ("Principal"): uintech Solutious, Inc. t' By: (signature) j+PtRQLr—> (print) Title: }:1✓S►I��s+� 1 (SEAL) Date: 5�PAPSG 1?� �r li • i , C• L•-�7i ,•Az w` ..-.iYlti•1�. CONTRACTOR'S SURETY: RLI Insurance Company 9025 N. Lindberghive DrPeoria, IL 6j1615-1431 -5?ABy: (signature) ;7- Joshua E em adi (print) Title: Attorney -in -Fact Date: September 26, 201804 Q. `LA (ATTACH SURETY'S POWER OF ATTORNEY) Bond No. RC130013160 "EXHIBIT E.2" PAYN`I' BOND CITY OF NHLTON GEORGIA I�NOW ALL MEN.BY THESE PRESENTS THAT Quintech .Solutions; Inc. (as CONTRACTOR, hereinafter referred to as the ',Principal".), and RLI.Insurance Company (as SURETY COMPANY, hereinafter referred. to as the "CONTRACTOR'S SURETY"), are held and firmly .bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as "the ".City"); for the use and benefit of any "Claimant," as hereinafter defined, in .the sum of twenty-four thousand, eight -Hundred dollars ($24,800:00):, lawful. money:.ofthe United States ofAmerica, .for the payment of which the Principal and -the Contractor's Surety bind themselves, their heirs, executors, administrators;. successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, oris about to enter, into. a certain written agreement with the City for the construction of.a project. known as Providence .Park .Lodge Demolition Project (hereinafter referred to as "the PROJECT"), which agreement is incorporated Herein by reference in its entirety (hereinafter referred to as the "CONTRACT") .NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contraet,1hen this.obligation shall be void; otherwise to remain in. fall force and effect, .A `'Claimant" shall be defined herein as any Subcontractor,. person, Party,. partnership, corporation; or other .entity famishing labor,: services, or materials used or reasonably required for use in the performance of the Contract, without ,regard to whethersuch labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is .or is not in privity of the Contract with the Principal or any. Subcontractor: performing'Work, on the Project. In the event of any claim, made by the; Claimant against the City; or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the. Claim and shall remove any such Lien.by bond. or otherwise as provided in.the Contract. The Parties further expressly agree that any action on this. Bond may be brought within the time allowed by Georgia law for suit on contracts'under sea]. IN WITNESS WHEREOF, the Principal and Contractor's. Surety. have:hereunto affixed. their corporate seals and caused this obligation.to be signed.by their duly authorized officers,, as forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Ouintech Solutionk Inc. By:�f (signature) QaL� C-� f11t S (printed) ►. ,:, Title: +kr= (SEAL) , ��'`5 X',4. y''l1 Attest: ' - (signature) Al V Jr �Mf I t F (printed) Title:. Date: ztl X06 CONTRACTOR'S SURETY: RLI Insurance Company 9025 N. Lindbergh Drive Peoria, IL 61615-1431 By: (signature) —,ZToshu Etc adi _ (printed) Attest: J( signature) Kimberly Santiago (printed) Title: Office Manager Date: September 26, 2018 Title: Attorney -in -Fact, Date: September 26, 2018 (ATTACH SURETY'S POWER OF ATTORNEY) P A t4:. (SEAL), ,...... f% 94 '• �t G POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2462 Know All Men by These Presents.- That resents. That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Joshua Etemadi, Edin Zukanovic. Kimberly D. Santiago, Nebiyou Aynu, jointly or severally in the City of Hemdon , State of Vir inia its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000,000.00 l for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 28th day of June 2018 y RLI Insurance Company ,a�uroW ���•'P CEOQ•� Contractors Sanding and Insurance Company SEAL . - SEAL BY Barton W Davis }}CC JJ Vice President rF = It State of Illinois ��"o;s ,`+'�•,;L t f�N �!g•' SS County of Peoria ))) CERTIFICATE On this 281h day of June 2618 before me, a Notary Public, personally appeared Barton W. Davis _ who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Gretchen L. Johnigk Notary Public �wrr....rrrr rrr rrr.r . .rte GRETCHENLdOHNIG OFFICIALSEAU ■ 7 AIA AA as AAAAAAa AAiti1• ■•/4 AaAA� 37730SO20212 I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com and/or Contractors Ban in and Insurance Company this+ day of �1 RLI Insurance Company ," Contractors Bonding and Insurance Compagy�� r,�.��: �•r p By: JeanM tephenson dy�o retay �'• �,` ' li�(158817 Ml--LTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 1, 2018 FROM: Steven Krokoff, City Manager 49) AGENDA ITEM: Approval of Change Order #2 to a Professional Services Agreement for TSPLOST Batch 1 Design Services. MEETING DATE: Monday, October 8, 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: (/YES () NO APPROVAL BY CITY ATTORNEY: (,�-4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ► a/ •blwIs 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: Sara Leaders, PE, Transportation Engineer Date: October 1, 2018 for the October 8, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #2 to Professional Services Agreement for TSPLOST Batch 1 Design Services _____________________________________________________________________________________ Project Description: A professional services agreement was executed with Pond & Company on July 24, 2017 to provide concept plans for the City of Milton on the TSPLOST Batch 1 projects and a change order #1 was approved on December 18, 2017 to include design services for the Northeast Crabapple Connector project. Change order #2 is to include extending the project limits of the Northeast Crabapple Connector project on Mayfield Road and Charlotte Drive to provide extensions of the sidewalk and trail network and drainage coordination with adjacent proposed developments. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400003 Requisition Total: Increase PO18063 by $41,860 for total of $252,420 Vendor DBA: Pond & Company Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, October 1, 2018 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, September 21, 2018 Attachment(s): Change Order #2 1 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT City TSPLOST Batch 1 Design Services WHEREAS, the City of Milton, Georgia and Pond & Company, have entered into a Professional Services Agreement (the “Agreement”) dated July 24, 2017, incorporated herein by reference; and WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement and add to the Agreement Scope of Work pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; WHEREAS, the parties acknowledge that to the extent this change order exceeds any restriction on change order amount set forth in Section 2 of the Agreement, the additional Work is added as a “sole source” service in light of the extensive connections between the Work set forth in the Agreement and the Work added by this change order; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 3 is amended by replacing the text of Subsection B with the following: B. “The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $252,420.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for tasks 1-8 shall be the lump sum of $55,000. The compensation for task 9 Work related to Northeast Crabapple Design Phases 1-3 shall be the lump sum of $191,420.00. The compensation for task 9 Work related to Phase 4 bid support and construction administration shall be based on the hourly rates of $150 for project manager, $82.50 for landscape architect, $76 for unlicensed landscape architect, $127 for senior engineer, $87 for engineer and $53 for clerical and in total shall not exceed $6,000.00.” 2. Exhibit “C” to the Agreement is hereby amended by adding the letter from Pond & Company dated September 6, 2018, attached hereto as Exhibit A. 3. The Work added to the Agreement by the services described in Exhibit A hereto shall be completed no later than September 30, 2019. 4. Pond & Company represents that the E-verify affidavit and E-verify information initially submitted with the Agreement continue to be accurate and will apply to any services added to the Work. IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 CONTRACTOR: POND & COMPANY By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) Date: _________________________________ [CORPORATE SEAL] Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Print Name: Sudie Gordon Its: City Clerk Approved as to form: ____________________________________ City Attorney 3 Exhibit A September 6, 2018 Mrs. Sara Leaders, PE City of Milton 2006 Heritage Walk Milton, GA 30004 Re: Crabapple Connector Additional Design Services Fee Proposal Pond & Company (Pond) is pleased to assist the City in the delivery of this project to its citizens and the traveling public. At the City’s request, the project limits for the Crabapple Connector project have been extended from the original limits specified in our proposal dated November 28, 2017. The project limits have been extended 1,100 feet south along Charlotte Drive and 850 feet east along Mayfield Road. The general scope of the work for this extension consists of preparing construction plans for sidewalk along the west side of Charlotte Drive and the north side of Mayfield Road. Lighting plans will be prepared for the sidewalk along Charlotte Drive. The design of the sidewalk will be based off of GIS data and aerial imaging as agreed upon with City staff. The sidewalk along Charlotte Drive will be extended to the intersection of Mid Broadwell Road. This intersection is currently a stop controlled along Charlotte Drive and will be reconfigured to an all-way stop. In addition to the project extension, additional stormwater coordination and design was requested by the City on 1/26/2018. This additional stormwater coordination included to convey run-off from private developments to a regional stormwater pond that would be built by the Taylor Morrison development. The following is a detailed description of the additional tasks required for the sidewalk extension. Scope of Work 1. Sidewalk Extension a. Additional sheet setups (3 - Mainline Construction Plans, 9 – Erosion Control Plans sheet, 4 Right-of-Way Plan sheets) b. Sidewalk layout c. Driveway profiles d. Quantities e. Drainage design f. Lighting Design for sidewalk extension g. ROW Plans h. Additional Utility Coordination 2. Drainage coordination with private developers to convey run-off to Taylor Morrison Development PROFESSIONAL FEES: Pond has determined that the additional out of scope work totals to a fee of $41,860; see attached hourly break down of tasks. If you need any additional information or have any additional questions, please feel free to contact me at (678)336-7740. Sincerely, POND & COMPANY Peter Hortman Transportation Program Manager PROJECT: Project Extension along Charlotte Drive (1,100 ft), Mayfield Road (850 ft), and additional Drainage Coordination Phase 1 - Additional Services PRINCIPAL 0 $93.75 $150.00 $243.75 $31.69 $275.44 $0 PROJECT MANAGER 41 $57.50 $92.00 $149.50 $19.44 $168.94 $6,926 PROJECT ENGINEER 114 $42.39 $67.82 $110.21 $14.33 $124.54 $14,198 TRANSPORTATION DESIGN ENGINEER 227 $30.45 $48.72 $79.17 $10.29 $89.46 $20,308 SENIOR TRAFFIC ENGINEER 0 $51.92 $83.07 $134.99 $17.55 $152.54 $0 TRAFFIC ENGINEER 0 $33.32 $53.31 $86.63 $11.26 $97.89 $0 CLERICAL 4 $18.51 $29.62 $48.13 $6.26 $54.38 $218 $41,649.53 TOTAL DIRECT LABOR 386 Manhours $41,649.53 DIRECT COSTS (SPECIFY): PHOTOGRAPHY & VIDEO $0 REPRODUCTION $100 SUPPLIES $0 TRAVEL $110 MAIL & DELIVERY SUBCONSULTANTS (LIST): OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $210 COST AMOUNT FOR PHASE $41,859.53 City of Milton PERSONNEL COST TOTALSEST. HOURS DIRECT LABOR COST/ HR. INDIRECT COST (160%)/HR. TOTAL LABOR COST/HR. FIXED FEE (13%)TOTAL COST/HR. PROJECT: Project Extension along Charlotte Drive (1,100 ft), Mayfield Road (850 ft), and additional Drainage Coordination Phase 1 - Additional Services Drawings Cover 1 2 2 0.5% Index 1 1 1 0.3% Typical Sections 1 2 6 8 2.1% Summary of Quantites 1 6 6 1.6% Construction Plans 4 8 24 32 8.3% Driveway Profiles 1 1 4 5 1.3% Drainage Profiles 1 4 8 12 3.1% Lighting Plans 2 4 12 16 4.1% Utility Plans 4 18 18 4.7% Signing and Marking Plans 2 1 8 9 2.3% Erosion Control Plans 12 8 12 20 5.2% Right-of-Way Plans 6 2 16 24 42 10.9% Non-Drawing Tasks Coordination with Utility Providers 2 8 10 2.6% Cost Estimate 4 4 1.0% Quality Control Reviews 4 8 12 3.1% Project Management 8 8 2.1% Printing & Admin.4 4 8 2.1% GIS and Data Collection 6 12 18 4.7% Site Visit 4 4 8 2.1% Drainage Design 12 6 18 4.7% Sight distance evaluation 1 2 4 7 1.8% Sidewalk Layout 20 20 5.2% Ligthting Design 4 20 24 6.2% Response to 90 comments 2 4 4 10 2.6% Addressing comments for Bid Plans 4 8 16 28 7.3% Drainage Coordinate with Private Developers 16 24 40 10.4% TOTALS 0 41 114 227 0 0 4 386 100.0% PROJ. MAN. PROJ. ENG. TRANS. DES. ENG. SEN. TRAF. ENG. TRAF. ENG.CLER.TOTAL % OF TOTAL City of Milton TASKS No. of SHT PRINC. IN MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 1, 2018 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of Change Order #2 to a Professional Services Agreement for TSPLOST Batch 2 Design Services. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 --APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4I'%ES (J NO CITY ATTORNEY REVIEW REQUIRED: (4 -'YES (J NO APPROVAL BY CITY ATTORNEY: (.4/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1'('$f z61$ 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: Sara Leaders, PE, Transportation Engineer Date: October 1, 2018 for the October 8, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #2 to Professional Services Agreement for TSPLOST Batch 2 Design Services _____________________________________________________________________________________ Project Description: A professional services agreement was executed with Barge Design Solutions, Inc on January 24, 2018 to provide design services for the City of Milton on the TSPLOST Batch 2 projects. The concept plans have been completed for the Hopewell Road at Thompson Road and Hopewell Road at Hamby Road intersection improvements. The agreement included the option for adding the scope and fee for construction documents once a concept has been developed. This change order is for construction documents and final design of the Hopewell Road at Thompson Road and Hopewell Road at Hamby Road intersection improvement projects. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400006 ($198,000) 335-4101-541400008 ($198,000) Requisition Total: Increase PO18108 by $396,000 for total of $487,475 Vendor DBA: Barge Design Solutions, Inc Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, October 1, 2018 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, September 21, 2018 Attachment(s): Change Order #2 1 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT City TSPLOST Batch 2 Design Services WHEREAS, the City of Milton, Georgia and Barge Design Solutions, Inc, have entered into a Professional Services Agreement (the “Agreement”) dated January 29, 2018, incorporated herein by reference; and WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement and add to the Agreement Scope of Work pursuant to Section 2 and 3.B of the Agreement, it being to the mutual benefit of all parties to do so; WHEREAS, the parties acknowledge that this change order is intended to add “tasks 3 and 9” to the Work as contemplated by the original competitive solicitation for the Project, and is not a revision of the contract price for tasks 1, 2, 4, 5, 6, 7 & 8; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 3 is amended by replacing the text of Subsection B with the following: B. “The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall be $487,475.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for tasks 1, 2, 4, 5, 6, 7 & 8 (Phase 1) shall be the lump sum of $91,475. The compensation for tasks 3 (Phase 2) and 9 (Phases 3-7) shall be the lump sum of $340,000. The compensation for task 9 (Phase 8) shall be based on lump sum prices to be determined per item of work and separately approved in writing by the City, and not to exceed, in total, $56,000.00.” 2. Exhibit “C” to the Agreement is hereby amended by adding the letter from Barge Design Solutions, Inc, dated September 6, 2018, attached hereto as Exhibit A. 3. Barge Design Solutions, Inc. represents that the E-verify affidavit and E-verify information initially submitted with the Agreement continue to be accurate and will apply to any services added to the Work. IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 CONTRACTOR: BARGE DESIGN SOLUTIONS, INC. By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) Date: _________________________________ [CORPORATE SEAL] Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Print Name: Sudie Gordon Its: City Clerk Approved as to form: ____________________________________ City Attorney 3 Exhibit A September 6, 2018 Sara Leaders, PE, LSIT City of Milton 2006 Heritage Walk Milton, GA 30004 RE: City TSPLOST Batch 2 Design Services, City of Milton, GA Subject: Hopewell Road at Thompson Road and Hopewell Road at Hamby Road Engineering Fee Proposal Dear Sara: Barge Design Solutions, Inc. (Barge) is pleased to provide this proposal for engineering design services for the above projects based on enclosed scope of services and task 3 & 9 from RFP (Exhibit 1). • Phase 2 - Property and Topographical Survey Mapping • Phase 3 - Environmental Permitting • Phase 4/5/6 - Preliminary Plans /Right of Way Plans/Final Plans • Phase 7 - Construction Services • Phase 8 - Contingency / Miscellaneous Services Barge proposes to accomplish the work of Phases 2 through 7 for a lump sum fee of $340,000.00 and Phase 8 at lump sum not exceed $56,000.00 If we have not fully addressed your project requirements, or if you have other questions regarding the scope of work, please let us know immediately. On behalf of Barge Design Solutions, Inc., we appreciate the opportunity to help you and the City achieve your goals for this project. Sincerely, Johnny Lee, P.E. Project Manager Attachments 2 0 U z W 0 W c� Q m cm Ln Ln co r - (D N 0) 0 0 M Q 0 Ix 0 W 0 va Ix W z 9z O U W W Ix U W CL 0 Ln q* W D Ln a 3 s: a CL (A m W z Ix O U W 1 - Ln N Ln to Scope of Services Project No.: MIL 006 – Hopewell Road at Hamby Road Project No.: MIL 008 – Hopewell Road at Thompson Road The Barge Design Solutions (Barge) team has developed a comprehensive work approach, which will satisfy all the objectives of Hopewell Road at Hamby Road (MIL 006) and Hopewell Road at Thompson Road (MIL 008) projects. This scope of services assumes that the roundabout concept recommended in Phase 1 will be carried forward to the remaining Phases. This scope covers Phases 2-8 of the overall project. The Phases of this project are: Phase 1 – Concept Development – Completed Phase 2 – Property and Topographical Survey Mapping Phase 3 – Environmental Permitting Phase 4 – Preliminary Plans Phase 5 – Right of Way Plans Phase 6 – Final Plans Phase 7 – Construction Services Phase 8 – Contingency / Miscellaneous Services Project Description This project includes TSPLOST Batch 2 Design Services on two intersection projects: MIL 006 & MIL 008. Based on public input and a presentation to Council on 8/13/2018, the Barge team will proceed with a roundabout design at each project location as recommended in Phase 1 (Exhibit 2). Phase 1 – Concept Development – Completed This phase was completed in accordance with the RFP: Task 1, 2, 4, 5, 6, 7 & 8 (Exhibit 1). Phase 2 – Property and Topographical Survey Mapping Barge intends to subcontract with Rochester & Associates, Inc. to perform items in this Phase. The objective of this Phase is to produce the project database in accordance with the RFP, Task #3 (Exhibit 1). Deliverables: Survey database Phase Assumptions: N/A Phase 3 – Environmental Permitting Barge intends to subcontract with Edwards-Pitman to perform items in this Phase. This Phase includes preparation of a Section 404 nationwide permit package for review and approval by the COE. The permit package will include a Pre-Construction Notification (PCN) form, Jurisdictional Determination form with supplemental tables and graphics, and Routine On-site Wetland Data forms for each water of the U.S. impacted by the project. The team will coordinate with the COE, client, and project design team to ensure permit package is complete and to answer any questions related to the project. This Phase also includes stream buffer variance at MIL 006. This phase is part of Task #9 (Exhibit 1) Deliverables: Environmental Permits Page - 2 Phase Assumptions: · No aquatic surveys will be required · No archeological survey will be required · The project will have no effect on cultural resources · City will be responsible for purchasing required wetland/stream credits, if needed Phase 4 – Preliminary Plans The objective of the Preliminary Plans Phase is to produce a set of plans that is suitable for verifying the footprint of the project. This will require utilize surveying and mapping, detailed horizontal and vertical alignments, detailed cross sections, and detailed drainage analysis. Once the footprint of the project has been established, right-of-way limits will be determined, and the Right-of-Way Plans Phase may begin. This phase is part of Task #9 (Exhibit 1). Tasks · Prepare and Submit Plans to Utility Companies · Prepare Typical Sections · Prepare Roadway Plans, etc. · Prepare Roadway Cross-Sections · Prepare Preliminary Driveway Profiles · Prepare Preliminary Staging Plans · Prepare Preliminary Drainage Design and Layout · Prepare Preliminary Erosion, Sed. & Pollution Control Plans (ES&PCP) · Prepare Preliminary MS4 · Prepare Existing Utility Plans from Utility Co. Markups · Field Review Phase Assumptions: · Plans Production – Barge will provide construction, right-of-way and erosion control plans on a 1”=20’ scale plan sheet. All other plan sheets (Cross sections, profiles, notes, etc.) will be variable and will be noted on the plan sheet. · Erosion Control Plans – since this project’s disturbed acreage is more than one (1) acre, NPDES permitted erosion control plans are required and Barge will design erosion control plan sheets with the designated BMP’s in accordance with Manual of Sediment and Erosion Control in Georgia, current edition. · Plan Review – Barge will attend one (1) Preliminary Plan Review. The Preliminary Plan Review will consist of an office review of 60% plans (construction plans without any construction quantity data) and if necessary a site visit. · Any utility relocations will be designed and relocated by others. · No Geotechnical Services required. Deliverable: · Preliminary Plans – 1 Full Size Set and CD with PDF Plans · Preliminary Cost Estimate · Applicable design calculation Page - 3 Phase 5 – Right-of-Way Plans The objective of the Right-of-Way Plans phase is to produce a set of right-of-way plans suitable for purchasing right-of-way/easements for the project. Preliminary right-of-way plans may begin during the ending portions of the Preliminary Plans Phase. At that point, the roadway footprint is well defined. Preliminary right-of-way and easement requirements are identified on the plans. After the field review comments have been resolved, the right-of-way plans will be completed in accordance with the current guidelines. At this point, the right-of-way plans will be submitted to City of Milton for review and approval. This phase is part of Task #9 (Exhibit 1) Tasks · Prepare Right-of-Way Plans · Prepare Staking Data · Stake Right-of-Way (request by city on a per parcel basis) · Revise Right-of Way during acquisition as needed Phase Assumptions · Right-of-Way/Easements will be acquired by City of Milton. Deliverables · Preliminary Right of Way Plans – PDF for review and approval · Approved Right of Way Plans – 1 Full Size set and CD with PDF of plans · Staked Right of Way (request by city on a per parcel basis) Phase 6 – Final Plans The objective of the Final Plans Phase is to produce a set of construction plans suitable for bidding. The Barge Team will continue working on preliminary plans to finalize quantities, roadway details, and the construction estimate. It is important that all remaining issues be identified and resolved at this time to avoid amendments during advertisement and supplemental agreements on construction. Submission of plans for letting is the last portion of Final Plans Phase. When all final plan review comments have been addressed and the project cover sheet signed, the Barge Team will submit final construction plans, special provisions, drainage calculations, designer’s cost estimate and quantities for the City of Milton’s to use in bidding the project. This phase is part of Task #9 (Exhibit 1). Tasks · Finalize Typical Sections · Finalize Roadway Plans, etc. · Finalize Roadway Cross Sections · Finalize Driveway Profiles · Finalize Staging Plans · Finalize Drainage Design and Layout · Finalize ES&PCP Plans · Finalize MS4 · Finalize Utility Plans from Utility Co. Markups · Field Review Page - 4 Phase Assumptions · Plans Production – Barge will provide construction, right-of-way and erosion control plans on a 1”=20’ scale plan sheet. All other plan sheets (Cross sections, profiles, notes, etc.) will be variable and will be noted on the plan sheet. · Erosion Control Plans – since this project’s disturbed acreage is more than one (1) acre, NPDES permitted erosion control plans are required and Barge will design erosion control plan sheets with the designated BMP’s in accordance with Manual of Sediment and Erosion Control in Georgia, current edition. · Plan Review – Barge will attend one (1) Final Plan Review. The Final Plan Review will consist of an office review to verify that all PFPR comments have been addressed and to review the construction quantity data and if necessary a site visit. · The appropriate GDOT Standards & Details (as needed) will not be printed. They will be noted on the Index. · Any utility relocations will be designed and relocated by others. · No Constructability Meeting required · No Geotechnical Services required Deliverables · Final Plan Review · Plan – 1 Full Size Set and CD with PDF Plans · Applicable design calculations · Construction Cost Estimate Final Plans for bidding · Plan – 1 Full Size Set and CD with PDF Plans · Construction Cost Estimate Phase 7 – Construction Services The objective of this phase is to support the City during construction of the project by answering contractor/City of Milton questions. Tasks · Respond to City of Milton construction questions · Conduct 7-day Erosion Control Inspection Phase Assumptions: N/A Deliverables: Use on Construction Revision (if required) Phase 8 – Contingency/Miscellaneous Services The object of this phase is to support the City with any miscellaneous services that might arise during project development. Tasks (As Directed by City of Milton) · Lighting Plans · Landscaping Plans · Right of Way Staking (per parcel) Page - 5 · Additional services or Tasks not specifically outlined above Phase Assumptions: N/A Deliverables · Lighting Plans, if required · Landscaping Plans, if required · Additional services or tasks, if required Exhibit 1 RFP Outline Task 1,2,3,4,5,6,7,8,9 15 | RFP 17-PW13 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION 3.1 GENERAL SCOPE OF SERVICES It shall be the Consultant’s responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Although no federal funding is anticipated on this project, sufficient data should be collected to transition to federal requirements should federal funding become available. At a minimum, the following standards shall be utilized for the project: a. Georgia Department of Transportation (GDOT) Design Policy Manual (current edition), and applicable addenda. b. Georgia Department of Transportation (GDOT) Standards and Specifications (current edition), and applicable addenda. c. AASHTO Standards, latest edition and applicable addenda, including Design of Pavement Structures, Policy on Geometric Design of Highways and Streets, Roadside Design Guide, and applicable addenda. d. Manual on Uniform Traffic Control Devices (MUTCD) current edition, and 16 | RFP 17-PW13 applicable errata. e. Federal Highway Administration Roundabouts: An Informational Guide, current edition, and all applicable addenda. f. City of Milton Development Regulations. 3.2 SPECIFIC SCOPE OF SERVICES The City of Milton (City), is seeking the services of a professional engineering consultant to conduct an engineering and feasibility study to develop alternative concepts for proposed intersection improvements at Hopewell Road at Thompson Road/S. Thompson Road and proposed intersection improvements at Hopewell Road at Hamby Road. There has been some concept work with these projects as part of the 2016 Milton Comprehensive Transportation Plan. The intent of these concepts is to present all concept alternatives, present the data to public, collect survey data needed to for design, and deliver a final concept report with recommendations and costs that can move into the design phase. The traffic counts, modeling, and descriptions of possible layouts of these projects is available to be downloaded HERE (https://files.secureserver.net/0szeVaUDklgObr). Additional information is available on the city’s TSPLOST website. The goal of this planning project is to assess the transportation impacts of various improvement alternatives, determine the preferred location for the improvement, conduct a survey of the corridor, prepare mapping, identify environmental impacts and permits required to construct the project and prepare concept plans for three alternatives. The concept pl ans need to include design features that would be aesthetically pleasing and complement area and to develop in a way that is physically possible and cost effective. The costs to design and construct each concept as well as acquire property need to be estimated. The consultant shall provide a complete set of concept plans for this project. The consultant shall be qualified and the proposal shall demonstrate the ability to prepare a complete set of construction drawings if the City elects to add Task 9 as described below. The engineering/design items include, but are not limited to, site plans, grading and drainage plans, utility plans, erosion, sedimentation and pollution prevention plans, road and drainage profiles, hydrology and stormwater management plans, etc… The work program and study outline consists of following tasks: Task 1: Data Collection Collect the base data needed to analyze existing conditions and determine 17 | RFP 17-PW13 general travel characteristics in the vicinity of the intersections. The data to b e collected or obtained includes: a. Average Daily Traffic (ADTs) volumes on all approaches to both intersections will be provided by the City. b. The City will provide peak hour turning movement counts at each of the intersections c. Accident data/crash diagram in the area of both intersections (within the past 3 years) d. Pedestrian features and facilities as proposed in the City of Milton Trail Master Plan (crosswalks, pedestrian actuated signals and sidewalks) e. Trip generation rates for area generators Task 2: Property Research Perform the property records search of the affected property and obtain the following information: a. Property address, b. Property record volume and page or map/block/lot reference (as applicable), c. Owner’s name and mailing address, d. Photocopy of the current Deed, e. Photocopy of any easements, rights-of-way or boundary agreements encumbering the property referenced in the current Deed, f. Photocopy of any maps referenced in the current Deed. Task 3: Property and Topographical Survey Mapping Provide a field run survey to develop construction documents for the intersection improvements. All information will be collected by a field run survey and shall be sufficient to describe approximately 1,000 feet of right-of-way (measured from the center of the intersection) along all legs of both intersections. The project limits will be considered to be the entire width of the right-of-way, plus a minimum of 25 feet on each side or as may be required by the alternatives proposed by the consultant. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc…., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc…). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, other visible improvements within the project or twenty-five feet of project 18 | RFP 17-PW13 f. Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits or as may be required by the design alternatives, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc…, j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, l. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24” dbh or greater, any other hardwood or pine 27”dbh or greater and any dogwood, redbud or sourwood 8” dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 2 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. The notification letter shall contain, at a minimum, the following information: a. A brief project description, b. The property owners name and address on the notification letter, c. The Company names of the consultant and sub-consultants that will be in the field conducting the surveys or testing, d. Georgia Law, Code 32-2-2(9) which regulates the entry of private property by GDOT, e. The correct contact name and phone number of the consultant or sub- consultant, f. The correct contact name and phone number of the Liaison Engineer for questions about the project. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83/94 adjustment. All vertical traverses shall use the North 19 | RFP 17-PW13 American Vertical Datum (NAVD) of 1988. Any potential environmental issues in the project area shall be collected or obtained either through field surveys or from existing data files. The City of Milton can provide the following information in support of the survey work: a. 2-foot aerial topography, b. 2017 aerial photography, Task 4: Traffic Operations and Safety Assessment The data collected under Task 1 will be tabulated, summarized, analyzed, and assessed to identify base conditions and existing traffic operations. Analyses will include, but not limited to, intersection level of service calculations (overall and each direction for both intersections), determination of roadway capacity, vehicular and pedestrian safety problems, and operating speeds and delay. Future (build year) traffic volumes, patterns and operating conditions will be calculated and compared with base year metrics. The assessment of traffic operations in the area will also include an estimation and simulation of traffic patterns based on the future project of traffic growth in the area. This task shall include a site distance evaluation for all legs of the existing and proposed intersections. Task 5: Develop Improvement Scenarios Based on the results of the traffic and safety assessment, at least three (3) possible scenarios for improving the intersections will be developed. Traffic flows will be developed based on the realignment scenario and intersections levels of service. Traffic modeling of the proposed scenarios may include, but not be limited to, a traffic signal warrant analysis and a roundabout analysis. The concept plans need to address possible relocation of underground utilities and any utilities that may need to be shifted to the new right-of-way for the road. Task 6: Prepare Improvement Scenarios and Concept Plans Prepare a schematic plan for the proposed intersection improvements that meets the project design objectives. The concept plans and presentation will include: a. Layout of the concept plans b. Typical cross section, including pedestrian and bicycle elements to be included on layout; c. 3-D visualization and simulation in format that can be loaded on project website and used at public meeting; d. Estimate property acquisition, including both partial and full property takes, and right-of-way costs for all alternatives; e. Estimate design and construction costs for all alternatives; 20 | RFP 17-PW13 f. Summary of Traffic impact analysis of proposed concepts. Task 7: Public Outreach The project study will include a public outreach effort that will adhere to the principles of a Context Sensitive Solutions approach. It will include a public information meeting, survey/comment cards for the public meeting and the city’s website, and project information, documents and plans for the project website. The public will be provided an on-going opportunity to provide input and comment on the project and concept alternatives. During the study, the following outreach efforts will be conducted: Two public information meetings will be held to present all concept alternatives. The consultant will be required to attend and participate in the public information meetings; provide update and information regarding the study for posting on the City’s website with clear links to any reports and documents prepared during the study as well as a way to comment on the study. Task 8: Final Report and Public Presentation A final feasibility study will be prepared by the Consultant and reviewed and approved by the City. The final report will be a synthesis of the data collection, analyses, assessments, public input and recommendations. Based on all of the information acquired during this process the Consultant shall provide a recommended alternative. The Consultant will assist in a public presentation of both the preliminary and final report to the Mayor and City Council. Task 9: Construction Documents The City, at its discretion, may choose to negotiate the scope and fees with the Consultant for the development of the construction documents for one or both of the concept plans developed as part of this RFP. Exhibit 2 Roundabout Concept Layout for MIL-006 Roundabout Concept Layout for MIL-008 CONCEPT LAYOUT Theodore Knight Cahill Roni M Borgula Kuldip S Rakkar Kathleen Burns Laraine Jones INTERSECTION IMPROVEMENT HOPEWELL ROAD AT HAMBY ROAD HOPEWELL ROADHOPEWE L L ROADHAMBY ROADALT #1AESA - 25' STREAM BUFFERESA - 25' STREAM BUFFERESA - 25' STREAM BUFFERESA - 25' STREAM BUFFERESA - 25' STREAM BUFFER ESA - 25' STREAM BUFFER REVISION DATES 8/2/2018 pclee GPLOT-V8 gplotborder-V8i-PO-color.tbl HAMBY_ALT1A.dgn 10:35:38 AM GPLN10/23/2015 DRAWING No.CHECKED: BACKCHECKED: CORRECTED: VERIFIED: DATE: DATE: DATE: DATE: P.I. No. 40 160 SCALE IN FEET 0 80 UTILITY MAJOR EXISTING 158 Creamer Rd LLC Lev Dzyuba HOPEW ELL ROAD T H OM P S O N R O A DHOPEWELL ROADCity of Milton City of Milton City of Milton Deena Driskell Diversified Investment Group LLC Joel Cochran CONCEPT LAYOUT INTERSECTION IMPROVEMENT HOPEWELL ROAD AT THOMPSON ROAD Dreamvest Properties LLC ALT #1 Melissa Yarbrough UTILITY MAJOR EXISTING T HOMP S ON ROADREVISION DATES 6/11/2018 pclee GPLOT-V8 gplotborder-V8i-PO-color.tbl THOMPSON_ALT1C.dgn 12:51:43 PM GPLN10/23/2015 DRAWING No.CHECKED: BACKCHECKED: CORRECTED: VERIFIED: DATE: DATE: DATE: DATE: P.I. No. 40 160 SCALE IN FEET 0 80 Exhibit 3 Proposed Schedule MIL -006 & MIL -008 - Schedule ID Task Name Duration Start Finish qtr 4, 2018 Qtr 1, 2019 Qtr 2, 2019 Qtr 3, 2019 Qtr 4, 2019 Se Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dec 1 City of Milton - TSPLOST Batch #2 Projects - Design 307 days Man 9/24/18 Tue 11/26/19 1 r I '.. '.. '.. '.. '.. 2 Notice to Proceed Database Preprepation 1 day Mon 9/24/18 IMon 9/24/18 10 days Tue 10/2/18 Mon 10/15/18 3 4 Field Survey- Hamby Road 10 days Tue 10/2/18 Mon 10/15/18 5 Field Survey - Thompson Road 30 days Tue 10/2/18 Mon 10/15/18 6 Environmental Document 160 days ITue 3/5/19 Mon 10/14/19 7 Prepare Submit Stream Buffer Exemption Request. EPD 100 days Tue 3/5/19 Mon 7/22/19 Processing Prepare Submit PCN/404 Corp Processing 60 days Tue 7/23/19 Mon 10/14/19 Preliminary Plans 105 days Tue 10/16/18 Man 3/11/19 Hamby Road 100 days Tue 10/16/18 Man 3/4/19 Develop Construction Plan Sheets 20 days Tue 10/16/18 Mon 11/12/18 8 9 10 11 12 Develop Proposed Cross Sections 30 days ITue 11/13/18 Mon 11/26/18 13 Develop Drainage Design 30 days Tue 11/27/18 Mon 12/10/18 14 Develop Erosion Control Plans/MS4 20 days Tue 12/11/18 Mon 1/7/19 15 Submit Plans for QC/QA internal 2 days Tue 1/8/19 Wed 1/9/19 16 Incorporate Comments 5 days Thu 1/10/19 Wed 1/16/19 17 Prepare and Submitted Plans for PFPR 2 days IThu 1/17/19 Fri 1/18/19 18 City Review Attend PFPR Address PFPR Comments Thompson Road 20 days Mon 1/21/19 Fri 2/15/19 1 day Mon 2/18/19 Mon 2/18/19 10 days Tue 2/19/19 Mon 3/4/19 100 days Tue 10/23/18 Man 3/11/19 19 20 21 22 Develop Construction Plan Sheets 20 days ITue 10/23/18 Mon 11/19/18 23 Develop Proposed Cross Sections 10 days Tue 11/20/18 Mon 12/3/18 24 Develop Drainage Design 10 days lTue 12/4/18 Mon 12/17/18 25 Develop Erosion Control Plans/MS4 20 days Tue 12/18/18 Mon 1/14/19 26 Submit Plans for QC/QA internal 2 days Tue 1/15/19 Wed 1/16/19 27 Incorporate Comments 5 days IThu 1/17/19 Wed 1/23/19 28 Prepare and Submitted Plans for PFPR 2 days Thu 1/24/19 Fri 1/25/19 29 City Review 20 days Mon 1/28/19 Fri 2/22/19 Attend PFPR 1 day Mon 2/25/19 Mon 2/25/19 Address PFPR Comments 10 days Tue 2/26/19 Mon 3/11/19 Right of Way Plan 152 days Mon 1/28/19 Tue 8/27/19 Hamby Road 147 days Mon 1/28/19 Tue 8/20/19 30 31 32 33 34 Prepare and Submit Right of Way Plan 5 days Mon 1/28/19 Fri 2/1/19 35 City Review 20 days Mon 2/4/19 Fri 3/1/19 36 Incorporate and Resubmit Plans 2 days Mon 3/4/19 Tue 3/5/19 37 ROW Acquisition by the City 120 days Wed 3/6/19 Tue 8/20/19 38 Thompson Road 147 days Man 2/4/19 Tue 8/27/19 Prepare and Submit Right of Way Plan 5 days Mon 2/4/19 Fri 2/8/19 City Review 20 days Mon 2/11/19 Fri 3/8/19 Incorporate and Resubmit Plans -2days Mon 3/11/19 Tue 3/12/19 39 40 41 42 ROW Acquisition by the City 120 days Wed 3/13/19 Tue 8/27/19 43 Final Plans 191 days Tue 3/5/19 Tue 11/26/19 44 Hamby Road 147 days ITue 3/5/19 Wed 9/25/19 45 Prepare Summary of Quantities 5 days Tue 3/5/19 Mon 3/11/19 46 Prepare Cost Estimate 3 days Tue 3/12/19 Thu 3/14/19 47 Complete Final Construction Plans 30 days Fri 3/15/19 Thu 3/28/19 48 Submit Plans for QC/QA internal 2 days Fri 3/29/19 Mon 4/1/19 49 Incorporate Comments 2 days Tue 4/2/19 Wed 4/3/19 50 Submit for Final Plans for FFPR 1 day Thu 4/4/19 Thu 4/4/19 City Review 20 days Fri 4/5/19 Thu 5/2/19 Attend FFPR 1 day Fri 5/3/19 Fri 5/3/19 51 52 53 Address FFPR Comments 5 days Mon 5/6/19 Fri 5/10/19 54 Prepare and Submit Final Plans for Construction 2 days Mon 5/13/19 Tue 5/14/19 55 Prepare Bid Package 30 days Wed 5/15/19 Tue 5/28/19 56 Advertise/Bidding 20 days Wed 8/28/19 Tue 9/24/19 57 Contract Letting 1 day Wed 9/25/19 Wed 9/25/19 58 Thompson Road 163 days Fri 4/12/19 Tue 11/26/19 59 Prepare Summary of Quantities 5 days Fri 4/12/19 Thu 4/18/19 60 Prepare Cost Estimate 3 days Fri 4/19/19 Tue 4/23/19 Complete Final Construction Plans 10 days Wed 4/24/19 Tue 5/7/19 Submit Plans for QC/QA internal 2 days Wed 5/8/19 Thu 5/9/19 Incorporate Comments 2 days Fri 5/10/19 Mon 5/13/19 Submit for Final Plans for FFPR 1 day Tue 5/14/19 Tue 5/14/19 fit fit 63 64 65 City Review 20 days Wed 5/15/19 Tue 6/11/19 66 Attend FFPR 1 day Wed 6/12/19 Wed 6/12/19 67 Address FFPR Comments 5 days Thu 6/13/19 Wed 6/19/19 68 Prepare and Submit Final Plans for Construction 2 days Thu 6/20/19 Fri 6/21/19 69 Prepare Bid Package 10 days Tue 10/15/19 Mon 10/28/19 70 Advertise/Bidding 20 days Tue 10/29/19 IMon 11/25/19 71 Contract Letting 1 day Tue 11/26/19 Tue 11/26/19 Project: TSPLOST Batch 2 Projects Date: Wed 9/5/18 Task - Milestone ♦ Project Summary r------- 1 External Milestone ♦ Inactive Milestone Manual Task I Manual Summary Rollup Start -only E Deadline i Manual Progress Split ............. I Summary External Tasks Inactive Task Inactive Summary D I Duration -only Manual Summary r -----1 Finish -only 3 Progress Page 1 R04 MItTON% TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 1, 2018 Steven Krokoff, City Manage Approval of a Task Order to Provide Northeast Crabapple Right of Way Services. Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (410A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (44ES () NO APPROVAL BY CITY ATTORNEY: (.�o<PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I610061f 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmilfonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on October 1, 2018 for the October 8, 2018 Regular City Council Meeting Agenda Item: Approval of a Task Order to Provide Northeast Crabapple Right of Way Services _____________________________________________________________________________________ Project Description: The City is requesting right of way acquisition services for the Northeast Crabapple Connector project. The services to be provided under this task order are for an estimated 14 parcels and includes coordination, determination of value, negotiation, and closing documents. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400003 Requisition Total: $26,000 Vendor: BM&K, PC Financial Review: Bernadette Harvill, October 1, 2018 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, October 1, 2018 Attachment(s): Task Order TASK ORDER TO PROVIDE RIGHT OF WAY ACQUISITION SERVICES FOR NORTHEAST CRABAPPLE CONNECTOR PROJECT THIS TASK ORDER between the parties is entered into pursuant to Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as “Consultant” and “BM&K”) to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement. 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: Description of Services: The City is requesting right of way acquisition services for the Northeast Crabapple Connector project. The services to be provided under this task order are for an estimated 14 parcels as shown on the map attached as Exhibit “A” and includes coordination, determination of value, negotiation, and closing documents. A detailed scope of work for the right of way services is attached as Exhibit “B”. Timing: This task order will be completed within 9 months of notice to proceed by the City. Compensation: This task order shall not exceed $26,000 based upon the rates that are part of the Agreement. Attachments: Exhibit “A” Property owner map Exhibit “B” Right of way scope Approved by City Council _____________________________ Mayor _____________________________ Date See following page for additional signatures CITY OF MILTON: CONSULTANT: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ No Text EXHIBIT “B” SCOPE OF SERVICES FOR RIGHT OF WAY ACQUISITION SERVICES General Conditions: A. The consultant shall attend periodic meetings with the city regarding the status of the right of way acquisition tasks. B. Fees for acquisition/negotiation to be determined from rates in agreement and based on type of interest in property. C. Fees for valuation to be determined from rates in agreement and based on level agreed upon by the city. Pre-Acquisition Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the city B. Coordination may include but not limited to review plans, coordinate plan revisions, review titles, attend meetings, prepare property management forms, prepare status reports, meet with appraisers to ride project, assign appraisals and monitor appraisals Determination of Value A. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to city B. Provide Project Inspection Checklist with recommendations on level of appraisal for each parcel C. City will make determination of actual level of appraisal for each parcel a. Appraisal services determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The services to be performed by the consultant may include Self Contained Appraisals at levels to be determined by the city. The appraisals shall be prepared in conformance with Federal regulations. Individual appraisal reports shall be provided on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. D. Some parcels may require additional reports to determine costs to cure for items such as septic systems, parking, and trade fixtures. The fees for these additional reports will be included as determined by the City at the rates that are part of the agreement. Negotiation: Negotiation services are for the acquisition of right of way and easements. The services to be performed by the Consultant at the rates in the agreement for type of interest and includes, but is not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled “What Happens When Your Property Is Needed for a Transportation Facility” 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: 1. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to secure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right-of-Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-S Form 4. Owner’s Affidavit 5. Final Title Certificate 6. Lien Releases Condemnations Consultant will coordinate with City Attorney on parcel condemnations. A. The City will authorize the tasks of coordination and petition preparation that will be based on rates in agreement MILTON]% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 3, 2018 FROM: Steven Krokoff, City Manage( ) AGENDA ITEM: Approval of a Title VI Non-Discrimination Agreement with Georgia Department of Transportation. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�XPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (.^0 CITY ATTORNEY REVIEW REQUIRED: () YES (.J-10 APPROVAL BY CITY ATTORNEY: (J APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on October 3, 2018 for the October 8, 2018 Regular City Council Meeting Agenda Item: Approval of a Title VI Non-Discrimination Agreement with Georgia Department of Transportation. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is a yearly update to a non-discrimination agreement for Georgia Department of Transportation (GDOT). In order for the City to be in compliance with Title VI of the 1964 Civil Rights Act, the City must confirm knowledge of, agree to, and submit a plan for compliance with the Title VI regulations. The City will adhere to GDOT’s Title VI plan by approving and signing this Non-Discrimination Agreement. Funding and Fiscal Impact: This agreement is required to continue to receive Federal funds for transportation projects. Alternatives: None Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager Attachment(s): Non-Discrimination Agreement Title VI Non-Discrimination Agreement Page No. 1 TITLE VI NON-DISCRIMINATION AGREEMENT The Georgia Department of Transportation and _____________________________ Name of Recipient Policy Statement The (Name of Recipient) ___________________________________, hereinafter referred to as the “Recipient” assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restora tion Act of 1987 be excluded from participation in, be denied the benefits of, or be othe rwise subjected to discrimination under any program or activity. The Recipient further assures every effort will be made to ensure non-discrimination in all of its programs and activities, whether those programs and activities are federally funded or not. The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of terms “programs or activities” to include all programs or activities of Federal Aid recipients, sub-recipients, and contractors/consultants, whether such programs and activities are federally assisted or not. In the event the Recipient distributes federal aid funds to a sub -recipient, the Recipient will include Title VI language in all written agreements and will monitor for compliance. The Recipient’s (Name of person/division) _______________________________________, is responsible for initiating and monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation 21. Name of Responsible Agency Official (Please Print) Title Date Title VI Non-Discrimination Agreement Page No. 2 Title VI Program Organization and Staffing Pursuant to 23 CFR 200, (Name of Recipient) __________________________________has appointed a Title VI Specialist who is responsible for Attachment 1, which describes the hierarchy for (Name of Recipient)’s ____________________________________Title VI Program, including an organization’s chart illustrating the level and placement of Title VI responsibilities. Assurances 49 CFR Part 21.7 The ____________________________________, hereby gives assurances: 1. That no person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrim ination under any program or activity conducted by the recipient regardless of whether those programs and activities are Federally funded or not. Activities and programs which the recipient hereby agrees to carry out in compliance with Title VI and relate d statutes include but are not limited to: List all major programs and activities of the recipient and Title VI responsibilities for each one of them. Include information as Attachment 2 to this Nondiscrimination Agreement. 2. That it will promptly take any measures necessary to effectuate this agreement. 3. That each program, activity, and facility as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the Georgia Department of Transportation (GDOT) under the Federally-Funded Program and is binding on it, other recipients, subgrantees, contractors, sub-contractors, transferees, successors in interest and other participants. The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient. 5. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally -Funded programs and, in adapted form all proposals for negotiated agreements. Title VI Non-Discrimination Agreement Page No. 3 The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. 6. That the Recipient shall insert the clauses of Appendix A of this Agreement in every contract subject to the Act and the Regulations. 7. That the Recipient shall insert the clauses of Appendix B of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Agreement, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under a Federal Aid Program; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under a Federal Aid Program. 9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Title VI Non-Discrimination Agreement Page No. 4 Implementation Procedures This agreement shall serve as the recipient’s Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, “Federal Assistance” shall include: 1. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The recipient shall: 1. Issue a policy statement, signed by the head of the recipient, which expresses it’s commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the recipient’s organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by GDOT or the United States Department of Transportation (USDOT) within a reasonable t ime period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI requirements. 3. Establish a civil rights unit and designate a coord inator who has a responsible position in the organization and easy access to the head of the recipient. This unit shall contain a Title VI Specialist, who shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately staff the civil rights unit to effectively implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the recipient’s report Title VI Non-Discrimination Agreement Page No. 5 of investigation, will be forwarded to GDOT’s Office of Equal Employment Opportunity (OEEO) within 10 days of the date the complaint was received by the recipient. 6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the programs and activities conducted by the recipient. 7. Conduct Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Conduct training programs on Title VI and related statutes. 9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year. a) Annual Work Plan Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. b) Accomplishment Report List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Specialist and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews (internal or external) conducted by the Title VI Specialist. List any major problem(s) identified and corrective action taken. Include a summary and status report on a ny Title VI complaints filed with the recipient. Title VI Non-Discrimination Agreement Page No. 6 Discrimination Complaint Procedure 1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the recipient. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the recipient’s Title VI Specialist for review and action. 2. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the recipient or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. 3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient, the person shall be interviewed by the Title VI Specialist. If necessary, the Title VI Specialist will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the recipient’s investigative procedures. 4. Within 10 days, the Title VI Specialist will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, an advise the complainant of other avenues of redress available, such as GDOT and USDOT. 5. The recipient will advise GDOT within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to GDOT: a) Name, address, and phone number of the complainant. b) Name(s) and address (es) of alleged discriminating official(s). c) Basis of complaint (i.e., race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the recipient. f) A statement of the complaint. Title VI Non-Discrimination Agreement Page No. 7 g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint. 6. Within 60 days, the Title VI Specialist will conduct an investigation of th e allegation and based on the information obtained, will render a recommendation for action in a report of findings to the head of the recipient. The complaint should be resolved by informal means whenever possible. Such informal attempts and their resul ts will be summarized in the report of findings. 7. Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with GDOT, or USDOT, if they are dissatisfied with the final decision rendered by the Recipient. The Title VI Specialist will also provide GDOT with a copy of this decision and summary of findings upon completion of the investigation. 8. Contact for GDOT’s Title VI staff is as follows: Georgia Department of Transportation Office of Equal Opportunity, Title VI/ Program 600 West Peachtree Street, N.W. 7 th Floor Atlanta, GA 30308 (404) 631-1497 Title VI Non-Discrimination Agreement Page No. 8 Sanctions In the event the recipient fails or refuses to comply with the terms of this agreement, the GDOT may take any or all of the following actions: a) Cancel, terminate, or suspend this agreement in whole or in part; b) Refrain from extending any further assistance to the recipient under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient. c) Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the recipient. d) Refer the case to the Department of Justice for appropriate legal proceedings. SIGNED FOR THE GEORGIA DEPARTMENT OF TRANSPORTATION: Signature Commissioner Title Date NAME OF RECIPIENT: Signature Title Date Appendix A During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non -discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulation s or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to GDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor’s non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request GDOT enter into such litigation to protect the interests of the st ate and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Appendix B The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Georgia will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, al so in accordance with an in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, the Department of Transportation GDOT (hereinafter referred to as the Regulations) perta ining to and effectuating the provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Georgia all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia, and its successors forever, subject, however, to the co venants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Georgia, its successors, and assigns. The state of Georgia, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the state of Georgia, shall use the lands and interests in lands so conveyed, in compliance with all requirements imp osed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non -discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned non -discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.1 1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. Revised 01/17 Appendix C The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by (Recipient) pursuant to the provisions of Assurance 8. The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requireme nts imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non -discrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. That in the event of breach of any of the above non -discrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Georgia State Department of Transportation pursuant to the provisions of Assurance 8. The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person , on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and furnishing of services thereon, no person on the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above non -discrimination covenants, the STATE shall have the right to terminate the ease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. Assistant City Manager Administration Finance Revenue Collections Budget & Procurement Accounting Accounts Payable & Payroll Fire Service Administration Training Operations Special Fire Prevention Human Resources Compensation, Benefits & Recruitment Employee Development/ Training Citizens, Businesses & Visitors Mayor & Council Municipal Cit Court Judge Attorney Police Services Uniform Patrol Criminal Investigation Community Outreach Records Code Enforcement Information Technology City Manager Executive Aide City Municipal Economic Clerk Court Development Parks & Public Recreation Works Engagement Communications Manager Community Outreach Builder Field Services Assistant City Manager Transportation Planning Stormwater Management Land Development Community Development PI lanning & Zoning Building Inspections ATTACHMENT 2 No person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the City of Milton. Below is a list of activities and programs of the City of Milton and the Title VI responsibilities for each. Procurement In all solicitations either by competitive bidding or negotiations, there shall be no discrimination on the grounds of race, color, sex, or national origin. The procurement of bids for professional services as well as contract services will provide equal opportunity. Planning In a projects planning process, we will ensure that there is effective participation and meaningful involvement. We will have outreach to any affected minority groups. We will ensure that data collection in a planning study is adequate. Right of Way Every effort will be made to negotiate for required property before filing condemnation. In any displacement, the selection of replacement housing will be fair, consistent and without discrimination. Construction Federal aid contracts will incorporate appropriate contract provisions. We will review pre- qualification approval of subcontractors, bonding and licensing requirements to ensure there are no barriers. There will be uniformity in the assessment of sanctions, liquidated damages, withholding payments, suspension, termination of contracts and decertification. Research There will be diversification in any project that involves research from a consultant or university. Environmental The environmental process will encourage and maximize public involvement in coordination with the planning process. The public involvement will identify, address, and meet the needs of the LEP population. When adverse impacts are identified, the environmental documentation will describe the impacts and address if there are disproportionate impacts. There will not be discriminatory impacts. Public Meetings/Access All City of Milton meetings and events will be made accessible to all and the City offers support for anyone needing specific accommodations in order to participate. TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 2, 2018 Steven Krokoff, City Manager a Approval of Subdivision Plats and Revisions Approval Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,vAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (J40 APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 10I °S11,6'i 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 000 To: Honorable Mayor and City Council Members From: Carter Lucas, Interim Community Development Director Date: Submitted on October 2, 2018 for the October 8, 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 minor plat revision described herein consists of three parcels located at 16050, 16060, and 16070 Freemanville Road. The previous lot layout is being revised to relocate the property line dividing Lot 2 and Lot 3. The size of the revised lots range from 1.74 acres to 2.35 acres. 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. 6 Freemanville LLC LL 311 & 338 16050 16060 16070 Freemanville Minor Plat Revision 3 lot 6.15 .48 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 9/10/18 September 2018 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 M MILTONjIlik ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 1, 2018 FROM: Steven Krokoff, City Manager 4P AGENDA ITEM: Proclamation Recognizing Mark Law Appreciation Day. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.,)APPROVED CITY ATTORNEY APPROVAL REQ UI RED: () YES () YES (J APPROVED 10 ° &1&049 CITY ATTORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY: PLACED ON AGENDA FOR: (J NOT APPROVED (.K10 (yAO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Recognizing October 11, 2018 as Mark Law Appreciation Day WHEREAS, while Mark Law became the City of Milton’s Arborist on December 1, 2006, he previously served as Arborist for Fulton County overseeing the unincorporated area that is now Milton; and WHEREAS, Mark encouraged developers and homeowners to see the benefits of keeping and planting more trees resulting in a 57% tree canopy for the City of Milton which was well above the minimum requirements at that time; and WHEREAS, Mark worked tirelessly to get the “Tree City USA” designation for the City of Milton which he accomplished in 2009 and has maintained to this present day; and WHEREAS, The City of Milton won a GUFC Community Grant Award for its Tree Inventory and Community Tree Management Plan which has earned Milton credit for the Atlanta Regional Commission’s Green Communities program at the Bronze Level; and WHEREAS, Mark’s many accomplishments benefiting the City of Milton include a citywide Tree Photo Contest, selection of the City’s Christmas Tree; volunteering at every Earth Day, Crabapple Fest and other events to reach out and educate the community about trees and tree care; collecting planks of wood from old barns that eventually were used in the new Milton City Hall and designing and building a model of the “Welcome to Milton” signs; and WHEREAS, during his almost two decades of service and because of his love of trees, Mark has protected North Fulton’s lush tree canopy and always putting the City of Milton and its forest in the forefront of all of his efforts. Now, therefore, we, the Mayor and City Council of the City of Milton, declare October 11, 2018 as Mark Law Appreciation Day for his outstanding contributions to urban forestry in North Fulton and for his dedicated service to the City of Milton. Given under our hand and seal of the City of Milton, Georgia on this 8th day of October, 2018. _________________________________ Joe Lockwood, Mayor TO: FROM: c LTO �N% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 1, 2018 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of an Ordinance to Ratify and Convert to Ordinance Form Resolutions of the Council Regarding 9-1-1 Charges, Wireless Enhanced 9-1-1 Charges, and Prepaid Wireless 9-1-1 Charges. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,4APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (1YES () NO CITY ATTORNEY REVIEW REQUIRED: (,,y%ES () NO APPROVAL BY CITY ATTORNEY: (�PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: !'/ositolt 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO RATIFY AND CONVERT TO ORDINANCE FORM RESOLUTIONS OF THE COUNCIL REGARDING 9-1-1 CHARGES, WIRELESS ENHANCED 9-1-1 CHARGES, AND PREPAID WIRELESS 9-1-1 CHARGES THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regularly called Council meeting on the ______ day of _______________ 2018 at 6:00 p.m., as follows: SECTION 1. That the Resolutions of the City of Milton Updating and Authorizing 9-1-1 Charges on Telephone Services and Wireless Enhanced 9-1-1 Charges on Wireless Services Other than Prepaid Wireless Services, Resolution No. ___________________ and the Resolution of the City of Milton Updating and Authorizing 9-1-1 Charges on Prepaid Wireless Services, Resolution No. ___________________ (hereinafter collectively, the “Resolutions”), a true and accurate copy of which are attached hereto as Exhibits A and B, respectively, and incorporated herein as if set forth verbatim, are hereby ratified; and SECTION 2. That the Resolutions shall hereinafter be considered an Ordinance of the City of Milton, Georgia; and SECTION 3. That the City of Milton Code of Ordinances at Part II, Chapter 18 – Emergency Management Services, Article III – 911 Emergency Telephone Service, Sections 18-48 and 18-49 are hereby stricken in their entirely and amended to read as follows: Section 18-48. 9-1-1 and Enhanced Wireless 9-1-1 Charges. (a) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly 9-1-1 charge upon each telephone service subscribed to by a telephone subscriber whose exchange access lines are in the areas served or which would be served by the 9-1-1 service. Pursuant to O.C.G.A. § 46-5- 134(a)(1)(A), the amount of such 9-1-1 charge shall be $1.50 per month per telephone service provided to the telephone subscriber. (b) Pursuant to O.C.G.A. § 46-5-133(a), there is imposed a monthly wireless enhanced 9-1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by a telephone subscriber whose place of primary use is within the geographic area that is served by the City of Milton, or that would be served by the City of Milton for the purpose of such an emergency 9-1-1 system. Pursuant to O.C.G.A. § 46-5-134(a)(2)(A), the amount of such enhanced wireless 9-1-1 charge shall be $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. Section 18-49. Prepaid Wireless 9-1-1 Charge. Pursuant to O.C.G.A. § 46-5-134.2(b)(1), there is imposed a prepaid wireless 9-1-1 charge, and the amount of such 9-1-1 charge shall be $1.50 per retail transaction occurring within the jurisdiction of the public safety answering point. SECTION 4. That the City of Milton Code of Ordinances at Part II, Appendix A (“Fees and Other Charges”) shall be updated to reflect the 9-1-1 Charges, Wireless Enhanced 9- 1-1 Charges, and Prepaid Wireless 9-1-1 Charges ratified by this Ordinance; and SECTION 5. That all ordinances, parts of ordinances, or regulations in conflict herewith shall be repealed as of the effective dates listed in the Resolutions; and ORDAINED this ____ day of _____________ 2018. ______________________________ Attest: Joe Lockwood, Mayor ___________________________ Sudie AM Gordon, City Clerk (Seal) ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 1, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 50 to Incentivize the Development of Larger Lots within the City of Milton. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (I"YES () NO CITY ATTORNEY REVIEW REQUIRED: (.?O�ES () NO APPROVAL BY CITY ATTORNEY. (,V PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: to/es/141C 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info( cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Assistant City Manager Date: Submitted on September 18, 2018 for the September 24, 2018 City Council Meeting (First Presentation) and the October 8, 2018 City Council Meeting (Unfinished Business). Agenda Item: Consideration of an Ordinance to Amend Chapter 50 – Subdivisions to Incentivize the Development of Larger Lots with the City of Milton. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In 2017 staff was directed by the City Council to evaluate alternatives that could incentivize large lot developments within the city. In November 2017 and May of 2018 staff presented a number of alternatives that included modifications to the existing city code to simplify the administrative process for certain large lot developments as well as potentially reducing development costs for those developments. In addition to the revisions approved by the city council at the August 5, 2018 council meeting, staff was directed to simplify the process for any size subdivision where all the lots were greater than 3 acres. The proposed changes allow those preliminary plats to be approved administratively without the review by the Planning Commission. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Paul Frickey, Jarrard and Davis- 9/6/2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revisions STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 50 - SUBDIVISIONS; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, Chapter 50 of the City of Milton Code of Ordinances regulates the subdivision of land within the City of Milton; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend Chapter 50 to modify the policies and methods for the subdivision of land in the City of Milton. NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the 8th day of October, 2018 at 6 p.m. as follows: SECTION 1. That Chapter 50 of the City of Milton Code of Ordinances, Section 50-91 (a) (1) shall be amended to read: “(1) For preliminary plats where any lot (other than common areas) within the development is less than 3 acres and, after staff determines that the application is complete, the community development director shall forward the application to the planning commission for public hearing, review, comment and recommendation. For preliminary plats where all lots (other than common areas) are greater than 3 acres and staff has determined that the application is complete and complies with the requirements of this chapter, the community development director shall approve the preliminary plat without requiring the review of the Planning Commission.” SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 8th day of October, 2018. Approved: ______________________________ Attest: Joe Lockwood, Mayor __________________________ City Clerk (Seal) 21 TO: FROM: MILT ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 1, 2018 Steven Krokoff, City Manager&j AGENDA ITEM: Consideration of an Ordinance to Amend and Restate the Defined Benefit Retirement Plan for the Employees of the City of Milton, Georgia. MEETING DATE: Monday, October 8, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,I/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (,/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: job°61JAC-. 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: Sam Trager, Director of Human Resources Date: Submitted on September 18, 2018 for the September 24, 2018 and October 8, 2018 Regular Council Meeting Agenda Item: Consideration of an Ordinance to Amend and Restate the Defined Benefit Retirement Plan for the Employees of the City of Milton, Georgia. Department Recommendation: Approve the attached Ordinance to amend and restate the defined benefit retirement plan for the employees of the City of Milton, Georgia. Executive Summary: The attached ordinance includes a restatement of our plan document and also includes a new benefit to allow employees who served in the military to “buy back” military service. Funding and Fiscal Impact: There is no cost to the City. Employees who opt-in to this benefit will pay the cost. Alternatives: Other Council directed action. Legal Review: Sam VanVolkenburgh, Jarrard and Davis. September 16, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) Adoption Agreement; 2) General Addendum; 3) Service Purchase Addendum City of Milton (Amended Effective October 8, 2018) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN AN ORDINANCE and ADOPTION AGREEMENT for City of Milton Form Volume Submitter Adoption Agreement Amended and Restated as of January 1, 2013 (With Amendments Taking Effect on or Before January 1, 2017) – i – City of Milton (Amended Effective October 8, 2018) TABLE OF CONTENTS PAGE I. AN ORDINANCE TO AMEND AND RESTATE THE DEFINED BENEFIT RETIREMENT PLAN FOR THE EMPLOYEES OF THE CITY OF MILTON, GEORGIA............................................................................................................................1 II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT ...............................................................................................2 1. ADMINISTRATOR ........................................................................................................2 2. ADOPTING EMPLOYER...............................................................................................2 3. GOVERNING AUTHORITY .........................................................................................2 4. PLAN REPRESENTATIVE ............................................................................................2 5. PENSION COMMITTEE ................................................................................................3 6. TYPE OF ADOPTION ....................................................................................................3 7. EFFECTIVE DATE .........................................................................................................3 8. PLAN YEAR ...................................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES .......................................................................5 A. Eligible Regular Employees ........................................................................5 B. Elected or Appointed Members of the Governing Authority ......................5 10. ELIGIBILITY CONDITIONS.......................................................................................6 A. Hours Per Week (Regular Employees) ........................................................6 B. Months Per Year (Regular Employees) .......................................................6 11. WAITING PERIOD.......................................................................................................7 12. ESTABLISHING PARTICIPATION IN THE PLAN ..................................................7 13. CREDITED SERVICE ..................................................................................................8 A. Credited Past Service with Adopting Employer ..........................................8 B. Prior Military Service ..................................................................................9 C. Prior Governmental Service .......................................................................11 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) .....................................................................12 14. RETIREMENT ELIGIBILITY ....................................................................................14 A. Early Retirement Qualifications ................................................................14 B. Normal Retirement Qualifications .............................................................14 C. Alternative Normal Retirement Qualifications ..........................................16 D. Disability Benefit Qualifications ...............................................................21 15. RETIREMENT BENEFIT COMPUTATION .............................................................21 A. Maximum Total Credited Service ..............................................................21 B. Monthly Normal Retirement Benefit Amount ...........................................22 C. Monthly Early Retirement Benefit Amount ..............................................24 D. Monthly Late Retirement Benefit Amount (check one): ...........................26 E. Monthly Disability Benefit Amount ..........................................................27 F. Minimum/Maximum Benefit For Elected Officials ..................................27 – ii – City of Milton (Amended Effective October 8, 2018) 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA ............................................................................................28 A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early Retirement and Following Bona Fide Separation of Service (see Master Plan Section 6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement) .........................28 B. Cost Of Living Adjustment ........................................................................29 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING .........30 A. Eligible Regular Employees ......................................................................30 B. Elected or Appointed Members of the Governing Authority ....................31 18. PRE-RETIREMENT DEATH BENEFITS .................................................................31 A. In-Service Death Benefit............................................................................31 B. Terminated Vested Death Benefit ..............................................................33 19. EMPLOYEE CONTRIBUTIONS ...............................................................................34 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT .............35 21. TERMINATION OF THE ADOPTION AGREEMENT ............................................35 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS .........35 City of Milton (Amended Effective October 8, 2018) I. AN ORDINANCE TO AMEND AND RESTATE THE DEFINED BENEFIT RETIREMENT PLAN FOR THE EMPLOYEES OF THE CITY OF MILTON, GEORGIA An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. The Council of the City of Milton, Georgia hereby ordains, and it is hereby ordained by the authority thereof: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. Ordinance continued on page 38 - 2 – City of Milton (Amended Effective October 8, 2018) II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1. ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: City of Milton, Georgia 3. GOVERNING AUTHORITY Name: Mayor and Council Address: 2006 Heritage Walk, Milton, GA 30004 Phone: (678) 242-2500 Facsimile: (678) 242-2499 4. PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Section 2.49 of Master Plan) Name: Director of Human Resources Address: 2006 Heritage Walk, Milton, GA 30004 Phone: (678) 242-2500 Facsimile: (678) 242-2499 - 3 – City of Milton (Amended Effective October 8, 2018) 5. PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 2006 Heritage Walk, Milton, GA 30004 Phone: (678) 242-2500 Facsimile: (678) 242-2499 6. TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the Adopting Employer's preexisting non-GMEBS defined benefit plan. This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): To update the Plan to comply with PPA, HEART, WRERA, and other applicable federal laws and guidance. To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement; all provisions must be completed in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): This is an amendment to allow Participants in Service on October 8, 2018, to purchase Prior Military Service Credit under the Plan beginning October 8, 2018 through December 7, 2018, subject to the applicable terms and conditions of Section 13(B)(1) of the Adoption Agreement and the Service Credit Purchase Addendum. 7. EFFECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension - 4 – City of Milton (Amended Effective October 8, 2018) Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART"); and the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"); and Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76 (the 2012 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART, WRERA, and the 2012 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is . (insert effective date of this Adoption Agreement not earlier than January 1, 2013). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be the ____________________(insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is intended to replace and serve as an amendment and restatement of the Employer’s preexisting plan, which became effective on (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be October 8, 2018 (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on April 10, 2017 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective April 1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) - 5 – City of Milton (Amended Effective October 8, 2018) 8. PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing . Other (must specify month and day commencing): January 1. 9. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify; specific positions are permissible; specific individuals may not be named): (1) Employees who are initially employed by the City on or after July 1, 2014; and (2) Employees who are reemployed by the City on or after July 1, 2014 (See General Addendum Sections 2 and 14 for additional provisions concerning effect of reemployment on or after July 1, 2014). B. Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: (1) Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. - 6 – City of Milton (Amended Effective October 8, 2018) Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): . (2) Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify - specific positions are permissible; specific individuals may not be named): . Please specify any limitations on eligibility to participate here (e.g., service on or after certain date) (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)) : . 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Employees) The Adopting Employer may specify a minimum number of work hours per week which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied . The Employer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled) Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify - specific positions are permissible; specific individuals may not be named): ____________________________. Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) B. Months Per Year (Regular Employees) The Adopting Employer may specify a minimum number of work months per year which are required to be scheduled by Regular Employees in order for them to become and remain - 7 – City of Milton (Amended Effective October 8, 2018) "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 6 months per year (regularly scheduled) Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Regular Employees to whom exception applies (must specify - specific positions are permissible; specific individuals may not be named): _______________________________. The months to year requirement for excepted class(es) are: No minimum At least _______ months per year (regularly scheduled) 11. WAITING PERIOD Except as otherwise provided in Section 4.02(b) of the Master Plan, Eligible Regular Employees shall not have a waiting period before participating in the Plan. Likewise, elected or appointed members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating in the Plan. 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement, except as provided in Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): None (Participation is mandatory for all Eligible Employees except as provided in Section 4.03(e) of the Master Plan). Participation is optional for the following Eligible Employees (must specify - specific positions are permissible; specific individuals may not be named; all positions or classes specified must be Eligible Employees): __________________ ____________________________________________________________________. - 8 – City of Milton (Amended Effective October 8, 2018) 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: A. Credited Past Service with Adopting Employer Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employe e becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to ____________________________ (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. - 9 – City of Milton (Amended Effective October 8, 2018) No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): Notwithstanding any provision herein to the contrary, if an Employee who was not employed on the original Effective Date of the City’s GMEBS Plan (April 1, 2007) first becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible in this Plan and his/her service with the City prior to April 1, 2007 will not be taken into account under this Plan for any purposes. . (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. Prior Military Service Note: This Section does not concern military service required to be credited under USERRA – See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the P lan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): Prior Military Service is not creditable under the Plan (if checked, skip to Section 13.C. – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. - 10 – City of Milton (Amended Effective October 8, 2018) (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): Credit will be awarded upon payment of prior Military Service credit, in accordance with and subject to the requirements of this Section and the Service Credit Purchase Addendum. (4) Payment for Prior Military Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay 100% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . Other Conditions for Award of Prior Military Service Credit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): The Participant must submit to the Pension Committee Secretary a copy of the Participant’s DD- 214 (military separation papers), reflecting the Participant’s prior Military Service, and any other documentation that the Pension Committee Secretary deems necessary to confirm the Participant’s eligibility to purchase prior Military Service credit.. (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning - 11 – City of Milton (Amended Effective October 8, 2018) prior governmental service credit, the term "actuarial cost of service credit" is defined as set forth in the Service Credit Purchase Addendum. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. C. Prior Governmental Service Note: A Participant's prior service with other GMEBS employers shall be credited for purposes of satisfying the minimum service requirements for Vesting and eligibility for Retirement and pre-retirement death benefits as provided under Section 9.05 of the Master Plan, relating to portability service. This Section 13(C) does not need to be completed in order for Participants to receive this portability service credit pursuant to Section 9.05 of the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. – Unused Sick/Vacation Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. - 12 – City of Milton (Amended Effective October 8, 2018) Credit for prior governmental service shall accrue at the following rate (check one): One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. Other requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): _________________________________________________________________. (5) Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): ________________________________________________________. Other Conditions for Award of Prior Governmental Service Credit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant, for which the Participant is not paid, as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. - 13 – City of Milton (Amended Effective October 8, 2018) Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off: Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 – Retirement Eligibility). The following types of unused paid time off for which the Participant is not paid shall be treated as Credited Service under the Plan (check one or more as applicable): Unused sick leave Unused vacation leave Unused personal leave Other paid time off (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regula tion 1.401- 1(b)(1)(i)): . (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). Other (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . (3) Use of Unused Paid Time Off Credit. Unused paid time off for which the Participant is not paid shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off for which the Participant is not paid shall be limited to a maximum of 12 months (insert number). - 14 – City of Milton (Amended Effective October 8, 2018) (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (6) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan; must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . 14. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable): Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify - specific positions are permissible; specific individuals may not be named): . Early retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service B. Normal Retirement Qualifications Note: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (insert number) Completion of 5 years (insert number) of Total Credited Service - 15 – City of Milton (Amended Effective October 8, 2018) In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re- retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________________________. Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below t he classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify - specific positions are permissible; specific individuals may not be named ): City Managers employed by the City on or after April 1, 2007 and prior to July 1, 2014 (Employees initially employed or reemployed on or after July 1, 2014 are not eligible to participate in the Plan – see Section 9 above and Sections 2 and 14 of General Addendum). Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age 65 (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re- retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________________________. (2) Elected or Appointed Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service - 16 – City of Milton (Amended Effective October 8, 2018) In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re- retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________________________. Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below to whom the different requirements apply and indicate below the requirements applicable to them. Particular elected or appointed members of the Governing Authority or Municipal Legal Officers to whom exception applies (must specify - specific positions are permissible; specific individuals may not be named): . Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal Officers are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re- retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________________________. C. Alternative Normal Retirement Qualifications The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: - 17 – City of Milton (Amended Effective October 8, 2018) Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) Not applicable (the Adopting Employer does not offer alternative normal retirement benefits under the Plan). (2) Alternative Minimum Age & Service Qualifications (if checked, please complete one or more items below, as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . (3) Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one or more items below, as applicable): Must have attained at least age ______ (insert number) - 18 – City of Milton (Amended Effective October 8, 2018) Must not satisfy any minimum age requirement In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _______________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . (4) Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum service requirement specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________________. - 19 – City of Milton (Amended Effective October 8, 2018) This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . (5) Other Alternative Normal Retirement Benefit. Must specify qualifications (in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. - 20 – City of Milton (Amended Effective October 8, 2018) Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . (6) Other Alternative Normal Retirement Benefit for Public Safety Employees Only. Must specify qualifications (in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . In-Service Distribution to Eligible Employees who are Public Safety Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 50 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): ___________________________________________________________. This alternative normal retirement benefit is available to: All public safety employee Participants who qualify. Only the following public safety employee Participants (must specify - specific positions are permissible; specific individuals may not be named): . A public safety employee Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. - 21 – City of Milton (Amended Effective October 8, 2018) D. Disability Benefit Qualifications Subject to the other terms and conditions of the Master Plan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.23 of the Master Plan. The Disability Retirement benefit shall commence as of the Participant's Disabilit y Retirement Date under Section 2.24 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service (check one): Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). No minimum. _______ years (insert number) of Total Credited Service. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): _______________________________. 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one or all that apply): not limited. limited to _________ years for all Participants. limited to ________ years for the following classes of Eligible Regular Employees: All Eligible Regular Employees. Only the following Eligible Regular Employees: . limited to _______ years as an elected or appointed member of the Governing Authority. limited to _______ years as a Municipal Legal Officer. Other (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): _________________________________________________________________. - 22 – City of Milton (Amended Effective October 8, 2018) B. Monthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . (b) Alternative Flat Percentage Formula. ______% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . (c) Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . (d) Alternative Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants. - 23 – City of Milton (Amended Effective October 8, 2018) Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.] (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): (a) A.I.M.E. Covered Compensation as defined in Section 2.18 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): _________________________________________________. (b) Dynamic Break Point Covered Compensation as defined in Section 2.19 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . (c) Table Break Point Covered Compensation as defined in Section 2.20 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following class(es) of Participants (must specify - specific positions are permissible; specific individuals may not be named): . (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $_______________ (specify amount). This definition shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . - 24 – City of Milton (Amended Effective October 8, 2018) (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for the 60 (insert number not to exceed 60) consecutive months of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest, multiplied by 12. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: All Participants who are Regular Employees. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): . [Repeat above subsection as necessary for each applicable definition and Participant class covered under the Plan.] (4) Formula for Elected or Appointed Members of the Governing Authority The monthly normal retirement benefit for members of this class shall be as follows (check one): Not applicable (elected or appointed members of the Governing Authority or Municipal Legal Officers are not permitted to participate in the Plan). $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify - specific positions are permissible; specific individuals may not be named): . [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master - 25 – City of Milton (Amended Effective October 8, 2018) Plan to account for early commencement of benefits. This provision shall apply to: All Participants. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): Participants who terminated prior to July 1, 2014, who were not reemployed prior to such date. (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: All Participants. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): Participants who were employed with the City on June 30, 2014 and who terminated employment prior to April 10, 2017. Alternative Early Retirement Reduction Table Number of Years Before Age 65 (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.97 2 0.94 3 0.91 4 0.88 5 0.85 6 0.82 7 0.79 8 0.76 9 0.73 10 0.70 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ *Interpolate for whole months - 26 – City of Milton (Amended Effective October 8, 2018) (3) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: All Participants. Only the following Participants (must specify - specific positions are permissible; specific individuals may not be named): Participants who were employed with the City on June 30, 2014 and remain employed with the City (with no break in Service) as of April 10, 2017. Alternative Early Retirement Reduction Table Number of Years Before Age 65 (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.98 2 0.96 3 0.94 4 0.92 5 0.90 6 0.88 7 0.86 8 0.84 9 0.82 10 0.80 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ *Interpolate for whole months D. Monthly Late Retirement Benefit Amount (check one): (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. (2) The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in - 27 – City of Milton (Amended Effective October 8, 2018) Section 12.05 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. E. Monthly Disability Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). No minimum is established. No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability, less any monthly benefits paid from federal Social Security benefits as a result of disability as reported by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) Note: The Adopting Employer is responsible for reporting to GMEBS any amounts to be used in an offset. F. Minimum/Maximum Benefit For Elected Officials In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). No minimum or maximum applies. - 28 – City of Milton (Amended Effective October 8, 2018) Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other minimum or maximum (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early Retirement and Following Bona Fide Separation of Service (see Master Plan Section 6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement) (1) Reemployment After Normal or Alternative Normal Retirement. In the event that a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as defined in the Plan) after his Normal or Alternative Normal Retirement Date and after a Bona Fide Separation from Service, or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) due to the addition of such class to the Plan after his Normal or Alternative Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. (b) The Participant may continue to receive his retirement ben efit in accordance with Section 6.06(b) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify (specific positions are permissible; specific individuals may not be named) - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): . (2) Reemployment After Early Retirement. In the event a Participant Retires with an Early Retirement benefit after a Bona Fide Separation from Service 1) is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date; or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible - 29 – City of Milton (Amended Effective October 8, 2018) Employee (as defined in the Plan) before his Normal Retirement Date due to the addition of such class to the Plan, the following rule shall apply (check one or more as applicable): (a) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify - specific positions are permissible; specific individuals may not be named): ___________________________________________________________. (b) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan. However, the Participant may begin receiving benefits after he satisfies the qualifications for Normal Retirement or Alternative Normal Retirement, as applicable, and after satisfying the minimum age parameters of Section 6.06(a)(3) of the Master Plan, in accordance with Section 6.06(b)(2)(B)(i) of the Master Plan. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify - specific positions are permissible; specific individuals may not be named): ___________________________________________________________. (c) The Participant's Early Retirement benefit shall continue in accordance with Section 6.06(b)(2)(B)(ii) of the Master Plan. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify - specific positions are permissible; specific individuals may not be named): ___________________________________________________________. B. Cost Of Living Adjustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): (1) No cost-of-living adjustment. (2) Variable Annual cost-of-living adjustment not to exceed ______% (insert percentage). (3) Fixed annual cost-of-living adjustment equal to ______% (insert percentage). - 30 – City of Milton (Amended Effective October 8, 2018) The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): All Participants (and their Beneficiaries). Participants (and their Beneficiaries) who terminate employment on or after __________________ (insert date). Other (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)); specific positions are permissible; specific individuals may not be named): . The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, the Adjustment Date shall be January 1): ______________________________________________. 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % - 31 – City of Milton (Amended Effective October 8, 2018) Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify - specific positions are permissible; specific individuals may not be named): City Manager. Vesting Schedule for excepted class (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): Immediate Vesting (no vesting requirement). B. Elected or Appointed Members of the Governing Authority Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): Not applicable (elected or appointed members of the Governing Authority are not permitted to participate in the Plan). No vesting schedule (immediate vesting). Other vesting schedule (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): The Participant must be vested in a normal retirement benefit. - 32 – City of Milton (Amended Effective October 8, 2018) The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401- 1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . (2) Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible upon satisfying the eligibility requirements of Section 8.02(c) of the Master Plan. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401- 1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. (See Master Plan Section 8.02(b) regarding 10-year cap on additional Credited Service.) Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, - 33 – City of Milton (Amended Effective October 8, 2018) the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that satisfies the definite written program and definitely determinable requirements of Treasury Regulations Sections 1.401-1(a)(2) and 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): . Participants to whom alternative death benefit applies (must specify - specific positions are permissible; specific individuals may not be named): . Eligibility conditions for alternative death benefit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. (2) Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that satisfies the definite written program and definitely determinable requirements of Treasury Regulations Sections 1.401-1(a)(2) and 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): . Participants to whom alternative death benefit applies (must specify - specific positions are permissible; specific individuals may not be named): . Eligibility conditions for alternative death benefit (must specify in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the - 34 – City of Milton (Amended Effective October 8, 2018) definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . 19. EMPLOYEE CONTRIBUTIONS (1) Employee contributions (check one): Are not required. Are required in the amount of _____ % (insert percentage) of Earnings for all Participants. Are required in the amount of 3.0% (insert percentage) of Earnings for Participants in the following classes (must specify - specific positions are permissible; specific individuals may not be named ): Eligible Regular Employees employed on or after April 1, 2007, commencing with the first payroll period beginning on or after April 1, 2007. [Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k)-1(a)(3)) with respect to the designated Employee Contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. - 35 – City of Milton (Amended Effective October 8, 2018) Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. Other rate of interest (must specify rate in a manner that satisfies the definite written program requirement of Treasury Regulation 1.401-1(a)(2) and the definitely determinable requirement of Treasury Regulation 1.401-1(b)(1)(i)): . 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. 21. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this ordinance. The Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: - 36 – City of Milton (Amended Effective October 8, 2018) (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter J501718a dated March 30, 2018. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688-0472. The primary person to contact is: GMEBS Legal Counsel. Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes the volume submitter practitioner who sponsors the Plan on behalf of GMEBS to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2015-36, Revenue Procedure 2011-49, and Announcement 2005-37. Effective January 1, 2013, Georgia Municipal Association, Inc., serves as the volume submitter practitioner for the Plan. Employer notice and signature requirements were met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required - 37 – City of Milton (Amended Effective October 8, 2018) good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: • the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2015-36; or • as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. - 38 – City of Milton (Amended Effective October 8, 2018) AN ORDINANCE TO AMEND AND RESTATE THE DEFINED BENEFIT RETIREMENT PLAN FOR THE EMPLOYEES OF THE CITY OF MILTON, GEORGIA (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated his office with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be October 8, 2018. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of _____________________, 20_____. Attest: CITY OF MILTON, GEORGIA City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary City of Milton (Amended Effective October 8, 2018) GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, as follows (complete one or more sections, as applicable): ***Item (1) of Pre –Approved Addendum – Not Applicable*** (2) Discontinuance of participation in the Plan by one or more Departments or classes of Employees (for amendment of Adoption Agreement only - see Section 9 of Adoption Agreement): (a) DB Plan Participation Closed to Employees Initially Employed or Reemployed on or after July 1, 2014 – Any Employee who is initially employed or reemployed by the City of Milton on or after July 1, 2014, will not participate in the DB Plan (this Plan) with respect to his/her Service and Earnings on or after the date of such initial employment or reemployment. Eligible Regular Employees who are employed with the City as of June 30, 2014, will remain in this Plan, subject to the eligibility requirements of this Plan, and except as otherwise provided in subsections 2(b) and Section 14 below concerning the effect of becoming reemployed. An Employee who is employed with the City as of June 30, 2014 , but who does not satisfy the eligibility requirements (e.g., hour per week or month per year requirement) to participate in this Plan as of such date, and who, without terminating and becoming reemployed by the City, meets the eligibility requirements to participate in this Plan on or after July 1, 2014 shall become a Participant in this Plan upon satisfying such eligibility requirements, subject to subsection 2(b) and Section 14 below concerning the effect of becoming reemployed. (b) Employed as of June 30, 2014; Effect of Termination & Reemployment – If an Eligible Regular Employee who is employed with the City as of June 30, 2014, Terminates employment and becomes reemployed by the City on or after July 1, 2014, said Employee will not be eligible to participate in this Plan with respect to his/her Service and Earnings with the City on or after said - 2 - City of Milton (Amended Effective October 8, 2018) reemployment date. In addition, said Eligible Regular Employee’s Vested status, the Eligible Regular Employee’s eligibility for Retirement and pre-retirement death benefits, and the amount of any benefits payable to or on behalf of the Eligible Regular Employee under this Plan, if any, w ith respect to the Eligible Regular Employee’s Service with the City prior to said reemployment date will be determined based upon the Eligible Regular Employee’s Credited Service and his/her Final Average Earnings as of the date of his or her Termination of employment preceding the date he/she is first reemployed by the City on or after July 1, 2014. Notwithstanding the provision above concerning determination of Vested status, portability service with other GMEBS Retirement Fund member employers will be taken into account as provided under subsection 2(d) below. Service and Earnings on or after said reemployment date will not be taken into account for any purpose under this Plan (e.g., for purposes of becoming Vested under the DB Plan, meeting benefit eligibility requirements, or computing the amount of benefits payable, if any, under the DB Plan). See also Section 14 of this Addendum regarding Frozen Plan Provisions. (c) Former Employees Not Employed on June 30, 2014, Who Become Reemployed or after July 1, 2014 – If a former Employee of the City who is not employed with the City as of June 30, 2014, becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in this Plan with respect to his or her Service and Earnings with the City on or after the date on which he or she is reemployed. The Employee’s Vested status, the Employee’s eligibility for Retirement and pre-retirement benefits, and the amount of any benefits payable under this Plan, if any, with respect to the Employee’s Service with the City prior to said reemployment date will be determined in accordance with the applicable terms of this Plan, if any, in effect as of the date of the Employee’s most recent Termination from the City preceding the date on which he or she is first reemployed by the City on or after July 1, 2014, and the Employee’s Credited Service and Final Average Earnings with the City, if any, as of said Termination date. Notwithstanding the provision above concerning determination of Vested status, portability service will be taken into account as provided under subsection 2(d) below. Service and Earnings with - 3 - City of Milton (Amended Effective October 8, 2018) the City on or after said reemployment date will not be taken into account for any purpose under this Plan (e.g., for purposes of becoming Vested, meeting benefit eligibility requirements, or computing the amount of benefits payable under this Plan). See also Section 14 of this Addendum regarding Frozen Plan Provisions. (d) GMEBS Portability Service – Credited Service under the defined benefit retirement plans of other GMEBS Retirement Fund member employers (portability service) will continue to be taken into account under this Plan in accordance with the GMEBS Master Plan (solely for purposes of determining Vested status and eligibility for retirement benefits under this Plan) with respect to: (1) Eligible Regular Employees who are employed with the City as of June 30, 2014; and (2) former Eligible Regular Employees of the City not employed with the City as of June 30, 2014, who previously participated in this Plan, provided they do not become reemployed by the City on or after July 1, 2014. If an Employee or former Employee described in this subsection 2(d)(1) – (2) becomes reemployed with the City on or after July 1, 2014, then any portability service on or after said reemployment date will not be taken into account for any purpose under this Plan, notwithstanding any provision of the Master Plan to the contrary. ***Items (3) through (13) of Pre–Approved Addendum–Not Applicable*** (14) Frozen Plan Provisions (for amendment of Adoption Agreement only – see Section 9 of Adoption Agreement regarding Classes of Eligible Employees): (a) Plan Freeze - The Plan is "frozen" effective as of July 1, 2014 (specify date). The Plan shall be subject to all provisions of the Adoption Agreement and Master Plan, except as otherwise provided herein, and the Employer shall continue to maintain the Plan's qualified status. The Plan shall be frozen, as follows (check as applicable): (i) The Plan shall be frozen with respect to the following class(es) of Eligible Employees (one or more as applicable): all Participants; all Eligible Regular Employees; Members of the Governing Authority; - 4 - City of Milton (Amended Effective October 8, 2018) Municipal Legal Officers; other (must specify): Employees initially employed or reemployed on or after July 1, 2014. (ii) Active Participants in the affected class(es) of Eligible Employees as of the freeze effective date shall be vested in their normal retirement benefits accrued as of the effective date of the freeze to the extent funded notwithstanding any provision of the Adoption Agreement to the contrary. (iii) Employees who are (check all that apply): employed by the Employer or in office as of _________ (specify date), first employed on or after July 1, 2014 (specify date), first take office on or after ___________ (specify date), reemployed on or after July 1, 2014 (specify date), return to office (following a vacation of office) on or after __________ (specify date), shall not be eligible to participate in the Plan on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date). (iv) With respect to Employees designated in paragraph (iii) above, Earnings on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) shall not be taken into account for purposes of the Plan. (v) The Employees designated in paragraph (iii) above shall not be credited with service for the Employer on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) for purposes of (check all that apply): computing the amount of benefits payable; meeting minimum service requirements for participation and vesting; meeting minimum service requirements for benefit eligibility under the Plan. (vi) The following additional provisions shall a pply as a result of the freeze (must specify): See General - 5 - City of Milton (Amended Effective October 8, 2018) Addendum Section 2 for additional provisions concerning Plan freeze. The terms of the foregoing Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Milton, Georgia this ________ day of _____________, 2018. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary City of Milton (Amended Effective October 8, 2018) SERVICE CREDIT PURCHASE ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton. It modifies the Adoption Agreement to provide for service credit purchases for eligible Participants in the Retirement Plan for the Employees of City of Milton, in accordance with and subject to the following requirements: (1) Service Credit Purchase; Eligibility Requirements. Subject to any conditions specified in Section 13.B. or 13.C. of the Adoption Agreement and in this Service Credit Purchase Addendum, Participants in this Plan who are actively employed on October 8, 2018, may purchase credit under this Plan for Prior Military Service. If a Participant purchases less than the full amount of Prior Military Service credit that is eligible for purchase, he or she must purchase such Prior Military Service credit in full-year (12 month) increments. A Participant does not need to be vested in the Plan to purchase such credit. The purchase of prior service credit is permitted but not required under this Plan. Such purchases will be allowed to the extent permitted by law, subject to any conditions, proofs, or acceptance that the Pension Committee Secretary or GMEBS deem appropriate. (2) Use of Purchased Service Credit. Subject to any conditions or limitations provided in this Addendum, service credit purchased hereunder will be counted as Credited Service for purposes of (check all that apply): computing the amount of benefits payable under the Plan; meeting the minimum service requirements for vesting under the Plan; meeting the minimum service requirements for benefit eligibility under the Plan. (3) Application to Purchase Service Credit. A Participant who meets the eligibility requirements specified in paragraph (1) above and who - 2 – City of Milton (Amended Effective October 8, 2018) wishes to purchase eligible service credit as described in paragraph (1) above may apply for such purchase by completing and submitting to the Pension Committee Secretary an application form provided for that purpose. Participants will be responsible for providing the Pension Committee Secretary with any information or documentation that the Pension Committee Secretary deems necessary to establish that the Participant’s service is eligible for purchase under paragraph (1) above. (4) Window Period for Application. In order to purchase service credit, eligible Participants may submit the service credit purchase application beginning October 8, 2018 and ending December 7, 2018. If a Participant does not submit a completed application to purchase service credit within the designated window period, the Participant will not be permitted to purchase service credit. As a precondition for approval of his or her application, the Participant will be responsible for providing the Pension Committee Secretary with any additional information or documentation that the Pension Committee Secretary deems necessary to establish that the Participant's service is eligible for purchase under paragraph (1) above. Notwithstanding any provision herein to the contrary, no Participant may apply for or pu rchase prior service credit after his or her termination of employment. (5) Review by Pension Committee Secretary. Within a reasonable period of time after the end of the application period, the Pension Committee Secretary will review the Participant's application to purchase service credit and will determine whether the application should be accepted. Upon approval of an application by the Pension Committee Secretary, the Pension Committee Secretary will certify on the application the number of years and months of prior service that are eligible for purchase under paragraph (1) above. (6) Fee for Cost Study. As a precondition for approval of the application to purchase service credit, and prior to the commencement of any cost study, Participants may be required by the Employer to pay all or a portion of the GMEBS actuarial cost study fee(s) associated with determining the cost to purchase the Participant’s eligible service credit. Any portion of the fee that the Participant is not required to pay will be paid by the Employer. (7) Actuarial Study to Determine Cost of Purchase. In the event that a cost study has not been undertaken prior to the Participant's submission of a completed application to purchase service credit, if the Participant’s - 3 – City of Milton (Amended Effective October 8, 2018) application to purchase is approved by the Pension Committee Secretary, a cost study will be undertaken as soon as reasonably practicable after the application has been approved, in order to determine the actuarial cost relating to the Participant’s prior service that is eligible for purchase. (8) Lump Sum Payment Required Within 120 Days. Upon completion of the cost study, the Pension Committee Secretary will notify the Participant of the lump sum amount required to purchase prior service credit, as reflected in the cost study. Within 120 of receiving this notice or of receiving notice of the Pension Committee's approval of the Participant's application to purchase service credit, whichever is later, the Participant shall remit said lump sum amount in the form and manner required by paragraphs (9)-(11) below, the Pension Committee Secretary, and GMEBS. The Participant may remit less than the full lump amount necessary to purchase all of the prior service credit which is eligible for purchase, in which case the percentage of service credit awarded will be equal to the percentage of the full amount remitted. The Pension Committee Secretary shall have the authority to extend the 120-day time period for payment of lump sum amounts required to purchase service credit if, for reasons outside the control of the Participant, payment cannot be made within the 120-day period. However, the time limit for payment will not be extended any later than 120 days and in no event may a Participant make such payment after his or her termination of employment. (9) Method of Payment. To the extent permitted by the Internal Revenue Code and regulations issued thereunder, the lump sum amount referred to in paragraph (8) above may be paid via one or more of the following sources: (1) a direct trustee-to-trustee transfer from a 401(a) qualified retirement plan, a governmental 457(b) deferred compensation plan or a 403(b) tax sheltered annuity; (2) a qualified rollover from a governmental 457(b) plan, 403(b) tax-sheltered annuity plan, 401(a) qualified plan, 403(a) annuity plan, or a 408(a) or 408(b) individual retirement account or annuity (traditional IRA); or (3) a lump sum contribution of after-tax funds. Participants shall be solely responsible for effecting the payment referred to herein. Participants will not be permitted to purchase credit via payroll deduction. (10) Limitation on Amount of Lump Sum Payment. If the lump sum amount referred to in paragraph (8) is paid via any method other than - 4 – City of Milton (Amended Effective October 8, 2018) as described under paragraph (9)(1) or (9)(2) above, then the Participant shall not be permitted to contribute to the Plan in any calendar year an amount which exceeds any applicable limit specified in Internal Revenue Code Section 415. (11) IRC 415, Other Limitations. Notwithstanding any other provision of the Adoption Agreement or this Addendum to the contrary, the Plan will not accept and shall return without interest any contribution or portion of a contribution made to purchase service credit if such contribution would result in a violation of the applicable limitations established under Internal Revenue Code Section 415(b), (c), or (n) or any other provision of law or the Plan, or if it is later determined that the Participant’s prior service is not eligible for purchase, and any prior service credit attributable to said contribution or portion of a contribution will be forfeited. (12) Return of Contributions. Contributions made to purchase prior service credit shall be used to fund retirement and death benefits payable under the Plan relating to such credit. Contributions shall not otherwise be refundable to the Participant or any other person, except as otherwise provided in this paragraph (12) or in Section 13.06 or 18.04 of the Master Plan Document (concerning failure to exhaust or termination of the Plan, respectively). Participants (check one): will not be permitted to withdraw contributions made to purchase prior service credit upon termination of employment (Participants must be vested to purchase prior service credit). will not be permitted to withdraw contributions made to purchase prior service credit upon termination of employment, unless they are not vested upon termination (Participants are not required to be vested to purchase prior service credit). will be permitted to withdraw contributions made to purchase service credit upon termination of employment, subject to the provisions of Section 13.03(c) of the Master Plan Document concerning the effect of withdrawal. For purposes of determining the amount of any refund of contributions made to purchase service credit, said contributions shall be credited with interest as defined in Section 2.39 of the Master Plan, subject to any limitations on the crediting of interest in Section 13.03(c) of the Master Plan Document. - 5 – City of Milton (Amended Effective October 8, 2018) will be permitted to withdraw contributions made to purchase service credit upon termination of employment, subject to the following conditions for repayment (must describe): _________________________________________ Note: Partial withdrawal of employee contributions is not permitted. If the Participant withdraws contributions made to purchase service credit, the Participant will forfeit any and all service credit and/or benefits attributable to such purchase for all purposes. (13) Repayment Upon Reemployment. If the Participant returns to employment with the Employer after having withdrawn his contributions made to purchase prior service credit, the Participant (check one): not applicable (withdrawal not permitted). will not be permitted to re-purchase said service credit upon reemployment. will be permitted to re-purchase said service credit upon reemployment, based on the actuarial cost of such service credit, taking into account the additional actuarial cost of any benefit enhancements adopted prior to reemployment pursuant to paragraph (14) below, provided that the Participant makes application for such re-purchase within [insert time limit] after reemployment and provided the Participant effects payment for such re-purchase in accordance with and subject to the provisions of this Addendum within [insert time limit] after the application is approved. will be permitted to re-purchase said service credit upon reemployment, subject to the following conditions for repayment (must describe other repayment method): __________________________________________________. (14) Definition of Actuarial Cost. The cost to purchase qualifying prior service credit shall be determined based upon the actuarial cost of said prior service credit. In applying the provisions of the Adoption Agreement and this Service Credit Purchase Addendum, the term "actuarial cost of prior service credit" means: - 6 – City of Milton (Amended Effective October 8, 2018) the actuarial accrued liability relating to such prior service as determined by the GMEBS actuary and calculated using the actuarial assumptions and methods established for this purpose in the funding policy adopted by the GMEBS Board of Trustees. Other (must specify other method of determining actuarial cost for this purpose): ______________________________________. The terms of the foregoing Service Credit Purchase Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Milton, Georgia this _____ day of _____________, 20____. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Service Credit Purchase Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary