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Agenda Packet - CC - 12/17/2018
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 Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, December 17, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Reverend Monsignor Peter J. Rau - St. Peter Chanel Catholic Church, Roswell, 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. 18-329) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 17, 2018 Page 2 of 4 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the Financial Statements and Investment Report for the Period Ending October 2018. (Agenda Item No. 18-330) (Bernadette Harvill, Finance Director) 2. Approval of a Contract between the City of Milton and RKG Associates for an Economic Development Strategy and Marketing Plan for the Deerfield Corridor. (Agenda Item No. 18-331) (Sarah LaDart, Economic Development Manager) 3. Approval of a Contract between the City of Milton and TriStem for a Citywide Audit of Existing Streetlights. (Agenda Item No. 18-332) (Bernadette Harvill, Finance Director) 4. Approval of Change Order #2 to the Professional Services Agreement with Atlas Geographic Data, Inc. for Cadastral Conversion Services. (Agenda Item No. 18-333) (Carter Lucas, Assistant City Manager) 5. Approval of Change Order #1 to the Professional Services Agreement for the TDR Bank Feasibility Study Project. (Agenda Item No. 18-334) (Michele McIntosh-Ross, Principal Planner) 6. Approval of a Construction Services Agreement between the City of Milton and D.A.F. Concrete Inc. for Pedestrian Improvements for Heritage Walk. (Agenda Item No. 18-335) (Carter Lucas, Assistant City Manager) 7. Approval of Change Order #3 to Professional Services Agreement for TSPLOST Batch 1 Design Services. (Agenda Item No. 18-336) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 17, 2018 Page 3 of 4 8. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Lui Investment Partners LL 831 13933 Highway 9 Minor Plat 2 lots 5.964 .33 Lots / acre (Agenda Item No. 18-337) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Men’s Fall C-1 Milton’s Tennis Center Atlanta Lawn Tennis Association (ALTA) City Champions Day. (Mayor Joe Lockwood) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Revise Chapter 32, Section 32- 113 (Theft by Shoplifting.) (Agenda Item No. 18-338) (Rich Austin, Police Chief) 2. Consideration of an Ordinance to Revise Chapter 32, Section 32-114 (Prohibition on sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes.) (Agenda Item No. 18-339) (Rich Austin, Police Chief) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 17, 2018 Page 4 of 4 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 18-321) (First Presentation at December 3, 2018 City Council Meeting) (Teresa Stickels, Conservation Projects Manager) 2. Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use Either Ordinance. (Agenda Item No. 18-322) (First Presentation at December 3, 2018 City Council Meeting) (Michele McIntosh-Ross, Principal Planner) 12) NEW BUSINESS 1. Consideration of a Resolution to Name the Arboretum at Bell Memorial Park in Honor of Mark Law. (Agenda Item No. 18-340) (Teresa Stickels, Conservation Projects Manager) 2. Consideration of a Lease Agreement between the City of Milton and Mr. Ron Landy for the Use of a Baseball Field Located at the Birmingham United Methodist Church. (Agenda Item No. 18-341) (Jim Cregge, Parks & Recreation Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-342) FI MItTON * TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 10, 2018 Steven Krokoff, City Manager Approval of the Financial Statements and Investment Report for the Period Ending October 2018. Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,,J'NO CITY ATTORNEY REVIEW REQUIRED: (J YES APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: % z 1 )')1 201 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: Bernadette Harvill, Finance Director Date: Submitted on November 28, 2018 for the December 17, 2018 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 1 – October 2018 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 11.03% over what is anticipated for the first period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $3,251,048 and are 12.04% 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 $13,273,058, capital expenditures-to-date total $8,635. 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. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending October 2018 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,850,115 7,786,702 7,041,082 745,620 7,786,702 7,041,082 745,620 Motor Vehicle Tax 462,045 - - - - - - Intangible Tax 215,000 - - - - - - Real Estate Transfer Tax 100,000 - - - - - - Franchise Fees 2,039,340 - - - - - - Local Option Sales Tax 9,100,000 - - - - - - Alcohol Beverage Excise Tax 310,000 - - - - - - Business & Occupation Tax 810,000 877 - 877 877 - 877 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 40,000 - - - - - - Penalties & Interest 22,000 1,639 975 664 1,639 975 664 Alcohol Beverage Licenses 155,000 5,925 4,650 1,275 5,925 4,650 1,275 Other Non-Business Permits/Licenses 24,900 4,433 1,949 2,483 4,433 1,949 2,483 Zoning & Land Disturbance Permits 15,350 36,891 1,279 35,612 36,891 1,279 35,612 Building Permits 335,000 35,134 33,500 1,634 35,134 33,500 1,634 Intergovernmental Revenue - - - - - - - Other Charges for Service 505,800 29,030 57,480 (28,450) 29,030 57,480 (28,450) Municipal Court Fines 350,000 43,254 29,155 14,099 43,254 29,155 14,099 Interest Earnings 76,000 25,367 6,331 19,036 25,367 6,331 19,036 Contributions & Donations - - - - - - - Other Revenue 79,750 1,766 2,916 (1,150) 1,766 2,916 (1,150) Other Financing Sources 37,000 - - - - - - Total Revenues 28,527,300 7,971,017 7,179,316 791,701 7,971,017 7,179,316 791,701 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 10,187 18,466 (8,279) 10,187 18,466 (8,279) City Clerk 231,569 23,545 17,752 5,793 23,545 19,252 4,293 City Manager 748,114 62,022 71,469 (9,446) 62,022 71,469 (9,446) General Administration 65,899 3,230 6,421 (3,190) 3,230 6,421 (3,190) Finance 551,705 38,351 63,299 (24,948) 38,351 63,299 (24,948) Legal 295,000 20,843 24,574 (3,730) 20,843 24,574 (3,730) Information Technology 970,225 83,510 77,040 6,470 83,510 77,040 6,470 Human Resources 332,177 21,836 23,462 (1,626) 21,836 23,462 (1,626) Risk Management 272,707 131,627 156,907 (25,280) 131,627 156,907 (25,280) General Government Buildings 222,928 10,402 18,570 (8,168) 10,402 18,570 (8,168) Communications 286,891 15,670 24,703 (9,033) 15,670 24,703 (9,033) Community Outreach & Engagement 128,746 10,731 10,186 545 10,731 10,186 545 Municipal Court 457,531 34,524 37,500 (2,977) 34,524 37,500 (2,977) Police 5,115,625 398,190 454,733 (56,543) 398,190 497,855 (99,665) Fire 7,214,381 845,031 999,764 (154,733) 845,031 999,764 (154,733) Public Works 2,602,407 174,922 216,946 (42,024) 174,922 216,946 (42,024) Parks & Recreation 1,411,493 43,521 101,566 (58,045) 43,521 101,566 (58,045) Community Development 1,217,865 66,290 96,217 (29,927) 66,290 96,225 (29,935) Economic Development 220,859 43,651 14,232 29,419 43,651 19,232 24,419 Debt Service 852,436 743,600 743,600 - 743,600 743,600 - Operating Transfers to Other Funds 5,632,380 469,365 469,177 188 469,365 469,177 188 Operating Reserve 233,768 - - - - - - Total expenditures 29,242,935 3,251,048 3,646,584 (395,537)3,251,048 3,696,214 (445,166) Net Income/(Loss)(715,635)4,719,969 4,719,969 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 132 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ -$ -$ -$ Summer Event Vendor Fee - - - - Interest Revenues - 1 1 1 Crabapple Fest Sponsor 15,000 - - (15,000) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - - - - Total revenues 17,000$ 1$ 1$ (16,999)$ EXPENDITURES Current: Special Events 104,348$ 22,373$ 22,373$ 81,975$ Total Expenditures 104,348$ 22,373$ 22,373$ 81,975$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers in from Hotel/Motel Tax Fund 75,000 -$ - (75,000) Total other financing sources and uses 75,000$ -$ -$ (75,000)$ Net change in fund balances (12,348)$ (22,372)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 3 of 133 of 13 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 - - - - Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 3 3 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - 3,500 3,500 3,500 Total revenues -$ 3,503$ 3,503$ 3,503$ EXPENDITURES Current: Police 83,815$ 3,950$ 3,950$ 79,865$ Total Expenditures 83,815$ 3,950$ 3,950$ 79,865$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ (447)$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 4 of 134 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ -$ -$ (950,000)$ Interest Revenue - - - - Total revenues 950,000$ -$ -$ (950,000)$ EXPENDITURES Current: Public Safety 950,000$ -$ -$ 950,000$ Total Expenditures 950,000$ -$ -$ 950,000$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 5 of 135 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 75,000$ -$ -$ (75,000)$ Total revenues 75,000$ -$ -$ (75,000)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ -$ -$ (75,000)$ Total other financing sources and uses 75,000$ -$ -$ (75,000)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 6 of 136 of 13 Original 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 110,000$ -$ -$ -$ (110,000)$ Infrastructure Maint Penalty & Interest - - - - - Sidewalk Replacement Account - - - - - Paving Fund - - - - - Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 150,000 - - - (150,000) Interest Revenue - 19 19 19 19 Realized Gain or Loss on Investments - - - - - Cell Tower Lease 79,404 6,617 6,617 6,617 (72,787) Total revenues 339,404$ 6,637$ 6,637$ 6,637$ (332,767)$ EXPENDITURES Capital Outlay City Council 963,612$ -$ -$ -$ 963,612$ General Admin 13,762 - - - 13,762 Finance 250,000 - - - 250,000 IT 462,824 - - - 462,824 General Govt Bldg 564,182 - - - 564,182 Police 250,644 - - 239,563 11,081 Fire 1,703,171 - - - 1,703,171 Public Works 7,085,429 3,597 3,597 119,197 6,966,232 Parks & Recreation 1,356,920 4,187 4,187 28,987 1,327,934 Community Development 622,514 852 852 31,252 591,262 Total Capital Outlay 13,273,058$ 8,635$ 8,635$ 418,998$ 12,854,060$ Excess of revenues over expenditures (12,933,654)$ (1,998)$ (1,998)$ (412,361)$ (13,186,827)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 444,365$ 444,365$ 444,365$ (4,888,015)$ Contingencies (164,048) - - - 164,048 Total other financing sources and uses 5,168,332$ 444,365$ 444,365$ 444,365$ (4,723,967)$ Net change in fund balances (7,765,322)$ 442,367$ 32,004$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 7 of 137 of 13 Original 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 1,671,839$ 1,174,798$ 1,174,798$ 1,174,798$ (497,041)$ Real Property Tax-Prior Year - 415 415 415 415 Public Utility Tax-Current Year - - - - - Personal Property Tax-Current Year 28,684 13,628 13,628 13,628 (15,056) Personal Property Tax-Prior Year - 27 27 27 27 Motor Vehicle Tax 8,903 - - - (8,903) Penalties & Interest - Real Property - 216 216 216 216 Penalties & Interest - Personal Property - 8 8 8 8 Intergovernmental Revenues - - - - - Interest Revenue (Regions)100,000 - - - (100,000) Interest Revenue (SunTrust)- 9 9 9 9 Bond Proceeds - - - - - Total revenues 1,809,426$ 1,189,101$ 1,189,101$ 1,189,101$ (620,325)$ EXPENDITURES Capital Outlay Parks & Recreation 20,369,641$ 34,578$ 34,578$ 71,985$ 20,297,656$ Fiscal Agent's Fees - - - - - Issuance Costs - - - - - Bond Principal 810,000 - - - 810,000 Bond Interest 899,375 282,304 282,304 282,304 617,071 Total Capital Outlay 22,079,016$ 316,882$ 316,882$ 354,289$ 21,762,134$ Excess of revenues over expenditures (20,269,590)$ 872,219$ 872,219$ 834,812$ 21,141,809$ Net change in fund balances (20,269,590)$ 872,219$ 834,812$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 8 of 138 of 13 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 6,000,000$ -$ -$ -$ (6,000,000) Interest Revenues - 49 49 49 49 Realized Gain or Loss (GA Fund 1)10,800 13,021 13,021 13,021 2,221 Total revenues 6,010,800$ 13,070$ 13,070$ 13,070$ (5,997,730)$ EXPENDITURES Capital Outlay Public Works 12,661,299$ 1,323$ 1,323$ 422,000$ 12,239,299 Total Capital Outlay 12,661,299$ 1,323$ 1,323$ 422,000$ 12,239,299$ Excess of revenues over expenditures (6,650,499)$ 11,747$ 11,747$ (408,930)$ 6,241,569$ 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 (6,650,499)$ 11,747$ (408,930)$ 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 October 31, 2018 9 of 139 of 13 Original 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 -$ -$ -$ -$ -$ GDOT TAP (Big Creek Greenway)- - - - - LMIG Funds 405,528 - - - (405,528) GDOT HPP Funds - - - - - GDOT-Signage/Landscaping - - - - - Interest Revenues - 5 5 5 5 Total revenues 405,528$ 5$ 5$ 5$ (405,523)$ EXPENDITURES Capital Outlay Public Works 1,116,514$ -$ -$ -$ 1,116,514$ Total Capital Outlay 1,116,514$ -$ -$ -$ 1,116,514$ Excess of revenues over expenditures (710,986)$ 5$ 5$ 5$ 710,991$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 25,000$ 25,000$ 25,000$ (275,000)$ Total other financing sources and uses 300,000$ 25,000$ 25,000$ 25,000$ (275,000)$ Net change in fund balances (410,986)$ 25,005$ 25,005$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 10 of 1310 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 3,163$ 3,163$ 3,163$ (23,837)$ Law Enforcement Fund 13,000 1,328 1,328 1,328 (11,672) Fire Fund 72,500 7,610 7,610 7,610 (64,890) Road Fund 120,000 9,497 9,497 9,497 (110,503) Park Fund 650,000 87,011 87,011 87,011 (562,989) Interest Revenues/Admin Fund - 1 1 1 1 Interest Revenues/Law Enforcement Fund - 1 1 1 1 Interest Revenues/Fire Fund - 3 3 3 3 Interest Revenues/Road Fund - 4 4 4 4 Interest Revenues/Park Fund - 33 33 33 33 Total revenues 882,500$ 108,651$ 108,651$ 108,651$ (773,849)$ EXPENDITURES General Government Buildings 57,967$ -$ -$ -$ 57,967$ Police - - - - - Fire 237,926 - - - 237,926 Public Works 383,618 - - - 383,618 Parks & Recreation 2,081,985 - - - 2,081,985 Total Capital Outlay 2,761,496$ -$ -$ -$ 2,761,496$ Excess of revenues over expenditures (1,878,996)$ 108,651$ 108,651$ 108,651$ 1,987,646$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin (27,000) - - - 27,000 Total other financing sources and uses (27,000)$ -$ -$ -$ 27,000$ Net change in fund balances (1,905,996)$ 108,651$ 108,651$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 11 of 1311 of 13 Original 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 -$ -$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2018 12 of 1312 of 13 Amount Percent Yield Money Market - Quantum Bank 7,190,098 30%1.61% GA Fund 1 9,614,101 40%2.18% GA Fund 1 (TSPLOST)7,042,633 30%2.18% Grand Total Investment Portfolio 23,846,833 100% Current Month YTD Current Month YTD Interest earned 25,210 25,210 13,021 13,021 Budgeted interest 6,250 6,250 900 900 Variance over/(under)18,960 18,960 12,121 12,121 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending October 31, 2018 13 of 1313 of 13 MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2018 FROM: Steven Krokoff, City Manager (2) AGENDA ITEM: Approval of a Contract between the City of Milton and RKG Associates for an Economic Development Strategy and Marketing Plan for the Deerfield Corridor. MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES (J NO CITY ATTORNEY REVIEW REQUIRED: (,BYES (J NO APPROVAL BY CITY ATTORNEY: (4-A" PPROVED () NOT APPROVED PLACED ON AGENDA FOR: iZI17/Wlt 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: Sarah LaDart, Economic Development Manager Date: Submitted December 11, 2018 for Consent Agenda on the December 17, 2018 Regular City Council Meeting Agenda Item: Consideration of approval of a contract between the City of Milton and RKG Associates for an Economic Development Strategy and Marketing Plan for the Deerfield Corridor. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Council approved funding for an Economic Development Strategy & Marketing Plan for the Deerfield corridor. An RFP was issued and after reviewing proposals and interviewing contractors, RKG was selected. The Deerfield Corridor is an area of roughly 2,200 acres at the Georgia 400 Windward Parkway Exit and extends up Highway 9. It is already home to the Verizon Headquarters, Exide, and Change Healthcare in addition to numerous office buildings, restaurants, and retail establishments. There is still room for growth and we want to ensure that the small amount of remaining land is developed to its fullest potential. RKG will assist in developing an understanding of the regional economic situation and opportunities, and developing a strategy and action plan for the Deerfield Corridor. Procurement Summary: RFP solicitation process Purchasing method used: RFP Account Number: 100-7520-521200000 Requisition Total: $62,650 Financial Review: Bernadette Harvill, December 11, 2018 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, October 22, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment: Professional Services Agreement – RKG 2018 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the Effective Date), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the City), and RKG Associates, Inc, a Virginia Corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. 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: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit A City Solicitation Documents No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text EXHIBIT A CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 18-ED02 RFP Title: Economic Development Strategy & Marketing Plan - Deerfield Due Date and Time: Local Time: July 17, 2018 @ 2:00 PM Number of Pages: 51 ISSUING DEPARTMENT INFORMATION Issue Date: June 28, 2018 City of Milton Economic Development 2006 Heritage Walk Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: 18-ED02 Name of Company or Firm Special Instructions: Deadline for Written Questions July 9, 2018 Email questions to Honor Motes at honor.motes@cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2 | RFP 18-ED02 TABLE OF CONTENTS Consultant’s RFP Checklist Disclosure Form Proposal Letter Contractor Affidavit and Agreement (eVerify) Schedule of Events Section 1: Project Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Consultant Proposals Section 5: Cost Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract 3 | RFP 18-ED02 CONSULTANT’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the DOAS website at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response. 4 | RFP 18-ED02 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant __________________________________________________ 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 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 18-ED02 City of Milton RFP# 18-ED02 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (18-ED02) City of Milton Economic Development Strategy and Marketing Plan ~ Deerfield Corridor. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION 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 for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 18-ED02 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Economic Development Strategy & Marketing Plan ~ Deerfield Corridor 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: _________________________________ 7 | RFP 18-ED02 SCHEDULE OF EVENTS Task Date Issue RFP June 28, 2018 Deadline for Questions July 9, 2018 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, July 12, 2018 Proposals Due By 2:00 p.m. EST on July 17, 2018 Award Contract August 20, 2018 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 18-ED02 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (“The City”) is seeking proposals from qualified firms to develop an economic development strategy and marketing plan for the Deerfield Corridor of the City of Milton. The Deerfield Corridor is an area of roughly 2,200 acres at the Georgia 400 Windward Parkway Exit and extends up Highway 9. It is already home to the Verizon Headquarters, Exide, and Change Healthcare in addition to numerous office buildings, restaurants, hotels, and retail establishments. There is still room for growth and we want to ensure that the small amount of remaining land is developed to its fullest potential. The City intends to award a contract within approximately thirty (30) days of receiving the proposals. It is expected that the selected consultant’s work will begin immediately upon contract award and the project must be completed within twelve (12) months after execution of the contract. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a consultant is selected, consultants are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact may disqualify the consultant from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on July 9, 2018. Each question must provide clear reference to the section, page, and item in question. Questions received after 9 | RFP 18-ED02 the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about July 12, 2018. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us or http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. Consultants must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, consultant agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the consultant’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the consultant’s ability to respond to the RFP or perform the contract. The City reserves the right to address non- material, minor, insubstantial requests for exceptions with the highest scoring consultant during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all consultants submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a consultant must meet the intent of all mandatory requirements. The City will determine whether a consultant’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING PROPOSALS Consultants must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. 10 | RFP 18-ED02 A. Submittal Requirements. Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Contractor Affidavit and Agreement (eVerify) 5. Technical Proposal: a. No more than sixteen (16) single sided pages (eight pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c. Stapled or spiral-bound. No binders Each Technical Proposal Shall Contain: a. Key Team Members – an organizational chart illustrating the relationship of key personnel and the project manager. Include names, titles and relevant experience of all significant staff that will be involved in the project. b. Work Plan– a well-defined and specific scope of services to accomplish the goals set forth in this RFP. c. Related Projects and References 1. Descriptions of three (3) similar projects completed by the firm’s personnel who will be involved in this initiative. Include as much of the deliverable as appropriate to showcase your ability to collect and interpret data, and turn that into a successful marketing campaign. Please include contact information for references for each project. d. Examples of previous materials prepared for similar projects. These should include: 1. Economic development and/or business attraction plans 2. Outlines of marketing and outreach plans 3. Organizational and strategic reconfiguration plans e. Description of previous experience (if any) by the firm’s personnel with Economic Development, chambers of commerce, or local government marketing initiatives. These should include descriptions of the specific results achieved and identify any obstacles to execution encountered by the client. f. Pricing (See Section 5.0) 6. Applicable Addenda Acknowledgement Forms (if necessary) Consultants must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. 11 | RFP 18-ED02 B. Failure to Comply with Instructions. Consultants failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and three (3) copies of each submittal (plus a CD) should be provided to the City. Proposals must be received at the Finance department receptionist’s desk in City Hall prior to 2:00 PM, local time, July 17, 2018. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 p.m. and names of consultants will be announced. *Important to remember when submitting digital files: 1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data-corruption, password or encryption error, etc., the Offeror’s proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy “Original”. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the consultant’s sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the consultant at the expense of the consultant or destroyed if requested. 1.5 CONSULTANT'S CERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 12 | RFP 18-ED02 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the consultant. The City is not liable for any expense incurred by the consultant in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and consultant resulting from this RFP process. 13 | RFP 18-ED02 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 CONSULTANT COMPETITION The City encourages free and open competition among consultants. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the consultant; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from a consultant’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Consultants must be prepared 14 | RFP 18-ED02 to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if a consultant has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring consultant or, if necessary, to seek discussion/negotiation in order to determine the highest scoring consultant. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the consultant’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by consultants outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the consultant being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. 15 | RFP 18-ED02 After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more consultants should clarification or negotiation be necessary. Consultants may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, consultants should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the consultant’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement officer may issue a “Request for Documents Notice” to the highest scoring consultant to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible consultant whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring consultant fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring consultant. I. Contract Award. Contract award, if any, will be made to the highest scoring consultant who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the 16 | RFP 18-ED02 right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 17 | RFP 18-ED02 SECTION 3: SCOPE OF PROJECT 3.0 BACKGROUND The Deerfield Corridor is an area of roughly 2,200 acres at the Georgia 400 Windward Parkway Exit and extends up Highway 9. It is already home to the Verizon Headquarters, Exide, and Change Healthcare in addition to numerous office buildings, restaurants, hotels, and retail establishments. There is still room for growth and we want to ensure that the small amount of remaining land is developed to its fullest potential. The City wishes to: • Promote the Deerfield Corridor as a place for new business attraction and formation. • Support the formation of and nurture new and innovative startup companies within the Deerfield Corridor area. • Advocate for business and economic development interests in local municipalities and with State agencies within Deerfield Corridor area. The City needs assistance in: • Developing an understanding of the regional economic situation and opportunities. • Developing a strategy and action plan for the Deerfield Corridor Economic Development operation. 3.2 GENERAL SCOPE OF SERVICES The firm chosen to conduct this work will be required to develop a project timeline, to include regular reports of progress/deliverables/benchmarks at agreed upon intervals beginning with 30 days, 60 days, 90 days, etc. The expressed goals of the project are to: • Develop an understanding of the regional economic situation and opportunities and means for capitalizing on these opportunities. • Develop an economic development strategy and marketing plan for the Deerfield Corridor. The following scope is a suggested framework. While embracing the themes in the scope below, the proposing firm should feel free to suggest in their proposal alternative approaches to achieving the stated goals: 3.3 SPECIFIC SCOPE OF SERVICES 1. Communications No planning can be effectively undertaken without “the goal in mind”, and clearly stated goals are the necessary foundation of a successful planning effort. A sound 18 | RFP 18-ED02 communications plan will ensure clarity of purpose and objectives throughout the effort. Project Launch and Objective Setting • City will identify and engage a consultant through this competitive selection process. • The consultant will work with City staff to coordinate, plan, and schedule both a kickoff meeting and a series of interviews. The project kickoff meeting will include a clarification and confirmation of the work plan, timeline, and deliverables to ensure that all parties are operating under the same understanding. • Provide consultant team with area studies, plans, and other relevant studies identified during the working session. • Draft a set of objectives for City staff review. Communications Plan • Establish a plan of regular communications which will include intermittent check- in sessions on progress of work product and analysis. Some of the sessions will be held in-person, while others may be held over a conference call. • Schedule key milestone meetings to discuss both findings and the implications of those findings. 2. Situation Assessment In order to determine where to go, we must first assess where we are and where we have been. The situation assessment will provide a working baseline of knowledge, partners, and establish the team to move efforts forward. Review of Previous Efforts • Review previous plans, studies, and other relevant materials to understand: o Baseline information on demographics, economics, industry, small business, transportation, infrastructure, environment, taxation, regulation, and other salient areas o Previous efforts and their outcomes o Possible partners and stakeholders • Identify advantages and shortcoming of each previous effort. • Catalog baseline information for future use. • Identify gaps in knowledge to be addressed through additional data gathering. Organizations and Partners • Identify other ongoing efforts which may have an impact on the Deerfield Corridor area. 19 | RFP 18-ED02 • Ensure each effort is directly integrated or coordinated into the Deerfield Corridor plan as it moves forward. • Identify other organizations which have a stake in the Deerfield Corridor or which have jurisdictional authority over some area of interest in the area. These will include but are not limited to: o Local industry and its representatives o Small business o Educational institutions o Property owners, developers, and other members of the real estate industry o Issue-based community organizations o Elected and appointed officials • Meet with and interview each of the above to determine their alignment with the City’s broad goals, issues and concerns, and capacity and willingness to assist. • Conduct community meetings and/or online surveys to develop community vision. Goal Alignment • Identify the specific mission of the Deerfield Corridor Economic Development effort, as well as roles, objectives, and performance targets. Deliverable The situation assessment is provided as a report and presented at a “milestone” check-in meeting. As a result of this report and meeting: • The nature of the Deerfield Corridor will begin to be defined – some options may fall off the table as not feasible. • The expected deliverables for 3 and 4 below will be refined. 3. Economic Analysis – “Where Are We?” Conduct an economic analysis of the Deerfield Corridor and its relation to the surrounding region. This will include business climate, economic trends, workforce assets and competencies, and land and space availability of the area. The economic analysis will also identify advantages and weaknesses or vulnerabilities. This will include: • Detailed regional economic analyses of the Deerfield Corridor, the City of Milton, North Fulton, and the bordering regions. This will include analysis of the following: o Industry and activity trend identification via analysis of regional employment, supply chain, economic networks, and other economic inputs o Determination of an appropriate peer set o Competitive analysis comparing the corridor against a peer set 20 | RFP 18-ED02 This task will determine the competitive status of the region and for future opportunities. Deliverables: Part 3’s Local Economic Analysis Report will include: 1. Detailed analysis of economic trends and their impact on the area’s future, including but not limited to high tech, healthcare IT, CyberSecurity, life and medical sciences, international business, and related innovation fields. The report will identify the Deerfield Corridor’s competitive position, how the shared economies interact, and how each business sector contributes to the local economy. It will also identify industries and activities within the region that meet the following criteria: o Dominant and expected to grow o Dominant but waning due to industry/economic/technological or other trends or lack of infrastructure o Emerging and a good match; expected to grow o Currently non-existent but for which a good match exists to regional characteristics and capabilities 2. List of comparative advantages and disadvantages to identified competitive markets. The team will leverage information from City of Milton staff on current economic development programs, staffing and budget agencies, as well as current and potential partners. 4. Economic Developmental Issues Identification and Prioritization – “Which Direction Should We Go?” With an established base-case analysis in-hand and a view of the competitive arena, the team will be well-armed to facilitate a review of opportunities for prioritization. This will provide a roadmap for attracting new companies and activities; nurturing, growing and retaining existing business; identifying needs for items such as housing, vitality, and transportation; understanding the Deerfield Corridor’s position within the larger Atlanta region and as part of state and regional economic development strategies, competing effectively against competitor regions nationally and abroad; and guiding development from within. Part 4’s Economic Development Issues Identification and Prioritization presentation should address three main issues: 1. SWOT Assessment − a prioritized listing of strategic issues that can serve as the basis for formulating goals, objectives, and strategies for the Deerfield Corridor. It will Identify constraints and opportunities for economic development, e.g., housing supply, limited developable land, ease of commuting, infrastructure 21 | RFP 18-ED02 capacity, redevelopment and financing constraints, potential land value changes, business climate issues, hazards and threats, etc. 2. Guiding Principles − a broad set of values and philosophies that will guide the creation and implementation of goals, objectives and strategies for the Deerfield Corridor. 3. Primary Opportunity Areas − identification of prototypical or archetypal companies, activities, or community resources. These will be prioritized and ranked, identifying the economic development efforts on which to focus first. This list will become the primary roadmap for the Deerfield Corridor’s future business attraction efforts, as well as for maintaining the businesses currently operating in the area. Deliverables: 1) SWOT Assessment • A prioritized listing of strategic issues developed by business and community leaders that can serve as the basis for formulating goals, objectives, and strategies (SWOT Results). • A listing of constraints and opportunities for economic development, which may include but not be limited to: housing supply, limited developable land, ease of commuting, infrastructure capacity, redevelopment and financing constraints, potential land value changes, business climate issues, etc. 2) Guiding Principles • A broad set of values and philosophies which will guide the creation and implementation of goals, objectives, priorities, opportunities, and strategies. 5. Strategic Plan for Economic Growth – “How Do We Get There?” Part 5 will incorporate all of the team’s findings, as supported by research, analysis and community input, into specific strategies with realistic and attainable action and performance targets. The plan will focus on the strategies and activities that will have the greatest potential for creating jobs and developing a sustainable regional community and economy. It will also address broader economic development activities with which the City can meaningfully influence the creation and retention of a sustainable regional community. The Deerfield Corridor Plan will be a full report and plan, ready for implementation by the City: • Identify marketing strategies, including messages and campaigns that should be implemented to inform and influence site selection decision makers and consultants to attract targeted industries. Major decision makers and consultants in targeted industries will be identified. Suggestions will also be made as to the posting of information on the City website that will be most useful to corporate 22 | RFP 18-ED02 decision makers and national site selection consultants within respective targeted industries. • Develop a series of recommendations for the City, including its roles, responsibilities, and relationship to other area government, public and private organizations. • Identify changes in regulation, infrastructure, land use, or planning that the City could address in its advocacy role in order to facilitate the area’s economic development objectives in relationship to the identified target industries and potential locations. • Identify/recommend local incentive programs that can be leveraged to help attract new investment and job growth in targeted industries. • Identify/recommend local incentive programs that will help retain existing investment and jobs in targeted industries. • Develop outcome measures to assess, monitor, and improve the action strategies on an ongoing basis. Deliverables: The draft Deerfield Corridor Plan will include goals, objectives, and strategies that assist the region in further diversifying the economy. This will then be reviewed and approved by City staff. SECTION 4: CONSULTANT PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 CONSULTANT INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 23 | RFP 18-ED02 SECTION 5: COST PROPOSAL MUST BE RETURNED WITH BID One (1) original and three (3) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror’s cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Total Price $_______________________ Print Total Price in Words _______________________________________________ Print/Type Company Name Here: __________________________________________________________________________ Authorized Signature______________________________Date___________________ Print/Type Name___________________________________________________________ Print/Type Title______________________________________________________________ 24 | RFP 18-ED02 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the proposals according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Proposals not meeting the minimum requirements and those who are non-responsive will not be considered. Clear and Complete Proposal 30 pts. • Examples of past economic development research • Examples of past marketing campaigns • Results of past similar projects Company History and Capability 20 pts. • Experience and technical competence on similar projects • Previous experience with related projects • Previous experience as a design team • Quality of the final work product • Ability to meet schedules Qualifications of Key Personnel 20 pts. • Organization strength and stability • Education and experience of the assigned staff • Key personnel’s level of involvement • Proximity and availability of key personnel Innovative or Creative Approach 15 pts. • Unique ideas and concepts • Unconventional problem solving • Resourceful implementation of ideas Price (Section 5) 15 pts. 25 | RFP 18-ED02 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. Consultant should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non-material, minor, insubstantial exceptions to the standard contract with the highest scoring consultant at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the consultant’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring consultant. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONSULTANT The highest scoring consultant will be the prime consultant if a contract is awarded and shall be responsible, in total, for all work of any sub-consultants. All sub-consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub-consultants. The Consultant shall be responsible to the City for the acts and omissions of all sub-consultants or agents and of persons directly or indirectly employed by such sub-consultants, and for the acts and omissions of persons employed directly by the Consultant. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Consultant is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Consultant nor its employees are employees of the City. The proof of 26 | RFP 18-ED02 insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Consultant must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-consulting by the Consultant subjects sub-consultants to the same provision. The Consultant agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. SAMPLE CONTRACT SAMPLE CONTRACT ONLY ~ DO NOT RETURN WITH PROPOSAL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the “City”), and _____________________, a __________________, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. 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: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: SAMPLE CONTRACT Exhibit “A” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: _________________________________________________________________ C. The Work. The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement (“Term”) shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before __________________________ (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any SAMPLE CONTRACT necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, and Consultant shall proceed with the changed work. B. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $_______________________ (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 Work performed shall be based upon ____________. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: SAMPLE CONTRACT □ There shall be no reimbursement for costs. □ Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed ______________ percent of the total amount due for Work for that particular month. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is SAMPLE CONTRACT required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. _____________________ shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and 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 an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity 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. SAMPLE CONTRACT In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and SAMPLE CONTRACT 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 Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ________________ (_____________) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General SAMPLE CONTRACT Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self- insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self- insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, SAMPLE CONTRACT except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non- payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. SAMPLE CONTRACT (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and SAMPLE CONTRACT Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub- subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the SAMPLE CONTRACT investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee- number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. SAMPLE CONTRACT (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s represe ntative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City SAMPLE CONTRACT further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to 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. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to- face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf SAMPLE CONTRACT of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant 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. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. ______________________ shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. SAMPLE CONTRACT B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, 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 SAMPLE CONTRACT matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt SAMPLE CONTRACT requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: ____________________________ ____________________________ ____________________________ ____________________________ G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, SAMPLE CONTRACT except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement 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. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] SAMPLE CONTRACT CONSULTANT: _____________________________ Signature: ___________________________________ Print Name: _____________________________ Title: President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney SAMPLE CONTRACT SAMPLE CONTRACT EXHIBIT “A” EXHIBIT “B” EXHIBIT “C” SAMPLE CONTRACT EXHIBIT “D” STATE OF ____________ COUNTY OF ___________ 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, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ 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 ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _______________________________ SAMPLE CONTRACT EXHIBIT “E” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT 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 _______________________ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20___ in _____________________ (city), ______ (state) _________________________________ Printed Name and Title of Authorized Officer or Agent _________________________________ Signature of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ SAMPLE CONTRACT EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Individual Position _____________, Project Manager 1 | P a g e R F P 1 8 - E D 0 2 - A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 18-ED02 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 RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e R F P 1 8 - E D 0 2 - A d d e n d u m # 1 ADDENDUM #1 RFP 18-ED02 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: QUESTIONS AND ANSWERS 1. I am in receipt of the Request for Proposals for the City of Milton for the Economic Development Strategy and Marketing Plan-Deerfield. This RFP appears to have the same Scope of Services as the previously issued RFP. Can you confirm if this is the case? My firm is interested in re-responding to this RFP. ~ Yes, it has the same scope of services – we more clearly defined the deliverables in this rendition. 2. Why was the RFP that was released earlier this spring for this project not filled? ~ After reviewing the proposals that were received, staff realized that we did not clearly detail on our expected deliverables. 3. Is there a proposed budget for the project? ~ Yes 4. Of the 2,200 acres listed in the Deerfield corridor, how many acres/parcels are developable. Is there a map of the sites? ~ Attached is a map of what we have identified – roughly 53 acres. There are smaller parcels that may be available for development/redevelopment and we would be looking for this project to identify those opportunities. 3 | P a g e R F P 1 8 - E D 0 2 - A d d e n d u m # 1 5. Has a budget been established for the Economic Development Strategy & Marketing Plan (Deerfield)? ~ Yes 6. Has the budget for the work changed from the originally stated amount, not to exceed $30,000? ~ Yes 7. Has there been any change in the scope of the project that has not been reflected in the revised RFP? ~ No 8. In our existing proposal, we were given permission to submit 15 double- sided pages. With the newly-stated limit of 16 single-sided pages, does that previous allowance stand or is our proposal expected to meet the new guideline of 16 single-sided pages? ~ Proposals should meet the current guideline of 16 single-sided pages or 8 double-sided pages. Required forms (“must be returned with proposal”) do not count towards the 16 page limit. 9. May an appendix containing additional information about our agency be included without counting against the page limit on technical proposals? ~ An appendix does not count against the page limit. No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text EXHIBIT C See Exhibits A and B EXHIBIT "D" STATE OF Virginia CITY OF Alexandria 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, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 947866 Federal Work Authorization User Identification Number 9/2/2007 Date of Authorization RKG Associates, Inc. Name of Contractor Economic Development Strategy & Marketing Plan — Deerfield Corridor 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. Exe�juted on 11 2't 20 18 in /�i � 'A , (city) (state). Signa j of Authorized Officer or Agent Kyle Talente Printed Name and Title of Authorized Officer or Agent SUBSCRIBED NOTARY PUBLIC My [NOTARY SEAL] ,RN BEFORE ME Y OF 2 vz Reg. STATE OF _ COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT 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 RKG Associates, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Date of Authorization Name of Subcontractor Economic Development Strateev & Marketing Plan — Deerfield Corridor Name of Project City of Milton, Georgia Name of Public Employer Executed on 20 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 .20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: N/A MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract between the City of Milton and TriStem for a Citywide Audit of Existing Streetlights. MEETING DATE: Monday, December 17, 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: (1YES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (�`APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on December 10, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Approval of Professional Services Agreement with TriStem, Ltd. for an audit of prior electricity billing and payments for accuracy and research for possible cost savings going forward. _____________________________________________________________________________________ Department Recommendation: Approve the agreement as submitted. Executive Summary: After recognizing various electricity rates for facilities and street lights across the City a determination to audit these rates was made. Staff reached out to three companies who provide such auditing services, and TriStem, Ltd. came back as the most qualified and cost effective choice. TriStem, Ltd. will review billing and payments made to ensure accuracy and seek refunds for any possible overpayments. Additionally, they will make recommendations for future cost savings if opportunities are available. Funding and Fiscal Impact: Compensation will be based on savings realized: 40% of the initial savings realized and 40% of any approved billing reductions resulting from the recommendations made by TriStem Ltd. for 12 months. Alternatives: None. Legal Review: Sam VanVolkenburgh, November 27, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Professional Services Agreement HOME OF—,. = n - MILTON*t ESTAFLISI IED 1006 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Electricity/Street Light Audit This Professional Services Agreement ("Agreement") is made and entered into this day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and TriStem, Ltd., a limited partnership, located at 635 N. Robinson Drive, Ste. G, Robinson, Texas 76706 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit I'D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: TriStem will conduct an audit of prior electricity billing and payments to determine that amounts billed by vendors are correct, report findings to the City, and seek to obtain any necessary refunds for overpayment. Additionally, TriStem will research possible cost saving alternatives for the City. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary in Exhibit "A", while the City will consider in good faith any recommended overbilling recovery options and cost -recovery recommendations, nothing in this Agreement will require the City to pursue or authorize any such options and recommendations, and the City will retain full discretion in selecting whether to proceed with all, some, or none of the actions proposed by Consultant, even if Consultant's compensation would be diminished due to the City's exercise of this discretion. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term: Termination. The term of this Agreement ("Term") shall commence as of the Effective Date, and expire on the City's full payment of any amounts owed to Consultant upon conclusion of the Work. All Work shall be completed on or before September 30, 2019. Certain obligations, such as indemnity and choice of law, will survive termination/expiration of this Agreement. City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, if City terminates for convenience City shall pay Consultant for the reasonable value of all Work performed to date. The 1 parties agree and acknowledge that, in light of conclusion of Work within the present fiscal year and City's right to terminate this agreement at will, this is not a "multi-year purchase agreement" contemplated by O.C.G.A. § 36-60-13. Section 4. Work Changes. Any changes to the Work requiring a change 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 Payment. The total compensation (the "Contract Price") for Work performed and reimbursement for costs incurred shall be (a) 40% of initial savings realized; plus (b) 40% of any approved implemented savings (billing reductions) resulting from TriStem's work projected out for a period of twelve (12) months. For purposes of calculating initial savings realized, only those savings that produce direct and readily -quantifiable monetary benefits to the City (e.g., cash, account credit, or other contributions having an easily -measurable monetary value) will form the basis for Consultant's compensation, it being the City's intention in entering into this Agreement to save taxpayer dollars rather than accept more intangible remedies. It is agreed and understood that the Consultant's compensation for the services rendered is upon a contingent fee basis. If no initial savings or approved implemented savings are recovered, the City will not be indebted to the Consultant for any fees. City shall pay Consultant's fees within 30 days of receipt of invoices submitted by Consultant, with the exception of any amounts reasonably disputed by City which amounts (if any) will be paid within 30 days of resolution of the dispute. Section 6. Covenants of Consultant. A. Licenses. Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by 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 Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative, Meetings. I-*�Z- shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and 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 an alleged willful, negligent 2 or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation 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. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant 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. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and I'D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy 3 to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. [information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. _X_ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant 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. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and 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 Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information_ L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications; schedules; work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant 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. 4 Section 7. Miscellaneous. A. Entire Aareement: Counternarts: Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License: Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, etseq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. 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 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 carver to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver, Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation, Invalidity of Provisions, Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement 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 extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT:: ��•�T��riStem, Ltd. Signature: Print Name: aCan e, :5ee e r f'itle: General Partner (Partnership/Limited Partnership) Attest/Witness: i Signature: Print Name: CP&'F-- — Title: 0irec+o CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: Steven Krokoff, City Manager Joe Lockwood, Mayor Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney 0 [CITY SEAL] No Text TriStem strives to accomplish the following objectives for each of its clients: 1. Save your organization's valuable time by conducting a comprehensive audit on your behalf; 2. Enhance your organization's revenue by securing refunds of overbilled utility services; 3. Reduce future expenses by correcting ongoing errors and implementing savings opportunities; 4. Educate your organization on utility billing practices and regulations applicable to your specific region and business, providing your staff with knowledge to identify future billing errors and savings opportunities after our audit has been completed. TriStem values the importance of customer service, and will tailor our audit to address specific concerns or needs of each client. Our staff has over 100 years combined experience in auditing electric, natural gas, water, sewer, telecommunications and waste accounts for commercial consumers to find "anything and everything" that could cause your organization to overpay for these vital services. We cannot predict what we might find; however, there are some basic procedures that TriStem follows for every audit to ensure the best outcome. TriStem will obtain a copy of one invoice for each account to be audited, along with supplemental information on your service locations necessary to perform the audit. We obtain historical billing and usage data from your providers). We analyze these records as well as utility tariffs, service contracts and all applicable state and local laws. During the audit, TriStem locate and document overcharges and other billing errors, and determine if rate adjustments or other cost savings opportunities exist. TriStem will work directly with the utility companies to obtain the proper remedy for all documented overcharges. The client can be involved in this process to the degree it chooses. Our job is not complete until you have received all applicable refunds, billing corrections, and approved savings. For any particular billing error, a claim for recovery will be filed as soon as that overcharge can be documented. Throughout the audit process, TriStem will communicate with the client to keep them up-to-date on what errors are found and what steps TriStem is taking to resolve the errors. This includes periodic reports (via emails, letters, meetings and/or phone) and frequent communication as needed. After our Clients send some basic information such as a copy of one months' bill for each account, a Letters of Authorization, copies of any contracts with your providers, and a few other pieces of information we get to work for you! Work Plan TriStem will review your organization's account history of usage and charges to determine if errors or savings opportunities exist. The following is a detailed summary of the various stages of TriStem's process: 1. Data Collection - Obtain necessary documents and information from Client. 2. Initial Review - Perform brief review of all bills received to detect common errors and savings opportunities. We correct errors we find and facilitate refunds as we go along. 3. Database Compilation — We prepare a database of your information and run our proprietary audit routines to assist us in detecting errors. This database will be provided to the client upon completion of the audit as a basis for future account tracking. 4. Acquisition of Documents from Utility Providers - This will take place concurrently with the Database Compilation stage. S. In -Depth Analysis - Our goal during this stage is identifying any errors or savings opportunities, including, but not limited to: meter read errors, charges billed for incorrect or non-existent equipment, meter malfunctions, incorrect meter constants, clerical billing errors, billing for services belonging to others, alternative rates and riders, unneeded services, discounts not applied, etc. 6. Acquisition of Supplemental Information - Consult with client and/or utility providers regarding any accounts where verification of service characteristics is needed in order to determine billing accuracy and cost savings possibilities. When investigating possible billing errors, TriStem may need to contact certain client personnel regarding facility use and operations, such as facility managers, maintenance managers, or anyone else familiar with the facilities we are investigating. 7. Refund Claims/Recovery and Cost -Savings Measures - Submit refund claims (with backup documentation) and communicate with utility providers to accomplish correction and refund of verified account errors_ Submit requests to utility providers for client -approved account changes to reduce future expense. The date that a claim for refund is filed is dependent upon what we find in your bills. In each case, our clients receive copies of all claims. TriStem will take the lead role in the recovery stage and stay an the claim until the proper recovery has been obtained. The client may be involved to the degree it chooses. g. Field Work - For accounts requiring on-site inspection to determine billing/metering accuracy, TriStem will make arrangements with the client to perform field work to view meters, transformers, and any other equipment or facilities whose operational characteristics playa role in the monthly billing. For telecommunications audits, a site visit may be scheduled earlier in the audit process to physically inspect your phone system and network setup. 9. Final Report - After the audit is complete, all account errors have been corrected, approved savings recommendations have been implemented, and all refunds issued, TriStem will submit a final report to the client to summarize work performed. EXHIBIT "B" Client#: 47123 TRISTEM "; ' ' I DATE (MM/DDIYYYY) 11/30/2018 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), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER .The Nitsche Group. 143 E Austin Street Giddings, TX 78942 979 542-3666 CONTACT Crystal Fritsche PHONE --'--�------.�.._���- -- FAX "- --- ..--------.__.. (AlNec, : _ i�Z —� E-MAIL INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: The Hanover Insurance Company 22292 INSURED TriStem Ltd. INSURER B: All -erica Financial Benefit Ins Co 41840 _ MED EXP (Any one person) $5,000_ 704 Sun Valley Hewitt, TX 76643 INSURER C: INSURER D INSURER E: INSURER F PERSONAL & ADV INJURY $1.,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER _ POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE C_X� OCCUR OHDA39132904 08/31/2018 08/31/201 EACH OCCURRENCE $1 OOO 000 DAMAGE TO RENTE PREMISES.. Ea N,;JE D enc. $300,000 _ MED EXP (Any one person) $5,000_ PERSONAL & ADV INJURY $1.,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY F JECT1:1 LOC PRODUCTS -COMP/OPAGG $2,000,000 $ OTHER: ! B AUTOMOBILE LIABILITY AWDA39131804 8/39./2018 08/31/201 COMBINED SINGLE LIMIT Eaaccident) $1>000,000 BODILY INJURY (Per person) $ X ANY AUTO _ OWNED SCHOS EDULED AUTOS ONLY AUT BODILY INJURY (Per accident) $ X _ NON -OWNED HIRED AUTOS ONLY X AUTOS ONLY .PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAR X OCCUR OHDA39132904 8/31/2018 08/31/201 EACH OCCURRENCE $2 OOO 000 EXCESS LIAB v�i _CLAIMS-MA_D_E{ _ .AGGREGATE. _- $2,.000,000 ! DED X RETENTION $0 $ B WORKERS COMPENSATION AND EMP LOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ® ( N / A VV2DA32577104 8/31/2018 08/31/201 I " X PER ,OTH- S E.L.EACH ACCIDENT $1,000,000 --- E.L.DISEASE - EA EMPLOYEE $1,000,000 (MandatoryinNH) if yes, describe under DESCRIPTION OF OPERATIONS below -""-"""---'---- - - E.L.DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) RE: Electricity/Street Light Audit As per policy provision, Certificate Holder is listed as Additional Insured in regard to the Auto and General Liability policies as provided by Blanket Additional Insured endorsement when required by written contract. A Blanket Waiver of Subrogation endorsement is provided to the Certificate Holder in regard to the Auto, General Liability and Workers Compensation policies as per policy provision when required by written contract. Umbrella Follows Form. City of Milton 2006 Heritage Walk Milton, GA 30004 ACORD 25 (2016/03) 1 of 1 #S792279/M779428 Ly_i0[yaIII 4e\ILei 1iI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v �avu-zu � urvvvna+ vvr�r vrw � rvw. nu nyu�a �cac� vcu. The ACORD name and logo are registered marks of ACORD 046 EXHIBIT "C" STATE OF rif YC6 COUNTY OF M�' L -e -t -I By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 7 7 11 q,34 Federal Work Authorization User Identification Number --7 Q 1!J Date of Authorization TriStem, Ltd. Name of Contractor Electricity/Street Light Audit Name of Project City of Milton, Georgia Name of Public Employer COURTNEY LOPEZ U T" LOPEZ Y COMMISSION EXPIRES 00 1810 XP 0$12712021 08127/2021 1 y 1C). 0-1 . a5 02_1 J'eNOT-ARY ID: =12954J029 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 5 .20 /6 in A 5-C (city), (state). Signature of Afithorized Officer(L6� Agent 4 Printed N --e and Title -of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE "I DAY OF ak; 1 k 20_L . NOTAIIk PUS, L, [NOTARY SEAL] My Commission Expires: 91 -87-20 I 1 W14 111: 1 1 1 X911jamweig 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 TriStcm, Ltd. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work, authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor, Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Electricity/Street Light Audit Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on -, 20 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 .20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ro M I LTON11�* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of Change Order #2 to the Professional Services Agreement with Atlas Geographic Data, Inc. for Cadastral Conversion Services. MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (EYES () NO CITY ATTORNEY REVIEW REQUIRED: (-S'ES () NO APPROVAL BY CITY ATTORNEY: (eAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i z I' -?! 2°' L 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: Alicia Newberry, GISP, GIS Manager Date: Submitted on December 3, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #2 to the Professional Services Agreement with Atlas Geographic Data, Inc. for Cadastral Conversion Services. _____________________________________________________________________________________ Project Description: This Professional Services Agreement with Atlas Geographic Data, Inc. for Cadastral Conversion Services is being amended to change the total number of parcels billed for the project and the maximum contract price. In the original Professional Services Agreement, a lump sum amount of $40,685 was the maximum contract price, based on an estimated 10,300 parcels to be mapped within the City. Per the contractor, the final parcel count is approximately 14,000 parcels. The total number of parcels therefore exceeds the estimated number by more than 5%. Per section 3B on pages 3 and 4 of the Professional Services Agreement, a change order is necessary to account for the difference, changing the maximum contract price to $55,300. Financial Review: Bernadette Harvill, December 6, 2018 Legal Review: Sam VanVolkenburgh – Jarrard & Davis (November 13, 2018) Attachment(s): Change Order #2 to Professional Services Agreement 1 CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT Cadastral Conversion Services WHEREAS, the City of Milton, Georgia and Atlas Geographic Data, Inc. have entered into a Professional Services Agreement (the “Agreement”) dated September 15, 2017, incorporated herein by reference; and WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement pursuant to Section 3.B of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 3.B is amended to change the Maximum Contract Price from “$40,685.00” to “$55,300.00”, based on the additional number of parcels identified to be approximately 14,000 versus the original estimate of 10,300, with the additional parcels compensated at a unit rate of $3.95 per parcel. 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] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] Date Attest: Print Name: Sudie Gordon Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Atlas Geographic Data, Inc. �l By:"` - Print Name: �c{ all/ L Its: President/Vice President (Corporation) Date: [CORPORATE SEAL] PO xi Attest/Witness: � S co 0 r0Gt?0 � z Print Name: CweN K �` �� Pac'�` Its: G'o� OrA.t SeC0t f It ((Assistant) Corporate Secretary if corpora on) 2 €�Q NV MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2018 FROM: Steven Krokoff, City Manager6% 1 AGENDA ITEM: Approval of Change Order #I to the Professional Services Agreement for the TDR Bank Feasibility Study Project. MEETING DATE: Monday, December 17, 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: (-,J YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: („APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: zl'-7I y`"� 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: Michele McIntosh-Ross, Principal Planner Date: Submitted on December 7, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #1 to the Professional Services agreement for the TDR Bank Feasibility Study Project _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This Professional Services agreement with the University of Georgia is being extended to provide for the continuation of the TDR Bank Feasibility Project. This change order includes a scope of work revision that will result in a project that better fits our needs, as well as the time extension to allow the consultants to adjust staffing and the project schedule. The named consultant representative will change to J. Scott Pippen, and the City’s representative will change to Parag Agrawal. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis- December 5, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Change Order Agreement 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT TDR BANK FEASIBILITY STUDY PROPOSAL WHEREAS, the City of Milton, and The Board of Regents of the University System of Georgia by and on behalf of the University of Georgia, a Georgia Land-Grant Institution of Higher Education (“Consultant”) have entered into a Professional Service Agreement (the “Agreement”) dated May 21, 2018; and WHEREAS, the parties desire to issue a first change order pursuant to Section II of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section I(A) of the Agreement is amended by replacing the list of exhibits with: Exhibit “A” – Scope of Work Exhibit “B” – Reserved Exhibit “C” – Reserved Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit 2. Section I (D) of the Agreement is amended by replacing “…December 31, 2018…” with “…December 31, 2019…”. 3. Section I V(E) of the Agreement is amended by replacing “Jessica Varsa” with “J. Scott Pippen”. 4. Section V(B) of the Agreement is amended by replacing “Kathleen Field” with “Parag Agrawal”. 5. Section VII (F) of the Agreement is amended by replacing “13000 Deerfield Parkway, Suite 107F” with “2006 Heritage Walk”. 6. Exhibit A Scope of Work of this Agreement is amended by deleting “3. Analysis of TDR Structure In this task, the Institute of Government will research and analyze the financial, administrative and management structures of the TDR program. Working with the Policy Committee, the Institute of Government will identify the preferred management structure for the TDR bank. This includes integration with the existing registry, clearinghouse, and the current sponsoring (regulating) agency. The impact that a direct buyer-to-seller transfer option would have on the bank will be assessed along with the possible roles of the TDR Bank Board. The Institute of Government will also work with 1 the City of Milton and the Policy Committee to identify additional funding sources to capitalize the bank.” and replacing with “3. Analysis of TDR Structure Working with the Policy Committee, and based on the stakeholder input received and the documents reviewed, the Institute of Government team will analyze the management and incentive structures of the TDR program, and it will identify likely obstacles and barriers to increasing land conservation through TDR transactions. Based on research of relevant policy and academic literature and investigations into similar TDR programs across the country, the Institute of Government will propose mechanisms, including potentially alternative incentives, to address the identified obstacles.” 7. Exhibit F of this Agreement is deleted. 8. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized offices as of the day and year set forth next to each signature. City of Milton ________________________________ Mayor ________________________________ Date Attest: ________________________________ City Clerk _____________________________________ City Attorney Approval as to Form _____________________________________ Date [City Seal] The Board of Regents of the University System of Georgia by and on behalf of the University of Georgia Signature: ___________________________ Printed Name: _______________________ Title: _________________________________ Date: _______________________________ fe+G MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 10, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and D.A.F. Concrete Inc. for Pedestrian Improvements for Heritage Walk. MEETING DATE: Monday, December 17, 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: (44ES () NO CITY ATTORNEY REVIEW REQUIRED: (;AYES () NO APPROVAL BY CITY ATTORNEY. (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ,L11717` cE. 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: Matthew Fallstrom, Capital Projects Manager Date: Submitted on Dec 3rd 2018 for the December 17th, 2018 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between The City of Milton and D.A.F. Concrete Inc. - Pedestrian Improvements for Heritage Walk _____________________________________________________________________________________ Project Description: The work to be completed under this agreement includes three crosswalk speed tables, storm water improvements and the addition of sidewalk on Heritage Walk. As well as additional traffic calming measures to be installed in various locations around the City. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-541401708 - $59,550.00 300-4101-541400400 - $37,885.00 Requisition Total: $97,435.00 Vendor DBA: D.A.F Concrete Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Tri Scapes $98,806.69 Baldwin Paving $123,670.76 Financial Review: Bernadette Harvill, December 10, 2018 Legal Review: Sam VanVolkenburgh, November 13, 2018 Attachment(s): Construction Services Agreement HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Speed Tables and Pedestrian Improvements Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and D.A.F. Concrete Inc., a Georgia Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited Bids for construction of the Project pursuant to the Request for Bids, dated October 25, 2018, attached hereto as "Exhibit All and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number 18 -PW 10 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance C OIIMRICtiOn Ser\ ieeS A(recmcnt 1 VCI'S1011 1.0 of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated October 25, 2018, attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Any required Performance Bond, Payment Bond, and Maintenance Bond attached hereto collectively as "Exhibits D.1, D.2 and D.3"; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits GA and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit "; 1. Additional Payment/Retainage Requirements; attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued.), attached hereto as "Exhibit 1"; N. City of Milton Code of Ethics (codified in the official Code of the City of Milton); O. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator The Contractor will provide concrete and storm drain construction services. The Contractor will provide and furnish all labor, materials and equipment required or inferred from Drawings and Specifications to complete the Work. A. Project. A general description of the Project is as follows: The Contractor will provide, on a lump sum basis, those specific concrete and storm drain construction services at three locations along Heritage Walk between Itaska Walk and Lecoma Trace in Milton, Georgia, as called out in the bid document (Exhibit "A") Additional locations may be determined by the City, with compensation for such additional work provided in accordance with the Unit Pricing Bid Schedule in Exhibit "B" Such additional work will be added to the scope of work of this Agreement when specified in writing by the City. The Contractor will provide and furnish all labor, materials and equipment required to perform all work (the "Project"). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by N/A (hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) En ineer [if applicable]. The Project has been designed by N/A� (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom. Section 3. The Fork A. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work consists of the three crosswalk speed tables, the stormwater improvements at Location #2, and the sidewalk work at Location #2, all as summarized on pages 22-23 of "Exhibit A" (the "Base Work'). Additional Work may be added when specified in writing by the City. 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 tern "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed for the Base Work, which Notice to Proceed shall state the dates for beginning Work and the expected date of final completion. Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications for the Base Work, provided in "Exhibit ", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. Plans; drawings and specifications for any additional Work shall be incorporated herein once set forth in writing by the City. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor; sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other: than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion, Partial Occupancy o. Use A. Contract Tenn. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of (i) completion of and payment for all Work; or (ii) the proper termination and non -renewal of this Agreement '.. ,) i3i..LI �!,=s'3 S lX I 1"`.�t` (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it willperfonn its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence the Base Work pursuant to this Agreement within 10 days of the Notice to Proceed provided by the City, and the Base Work shall be completed on or before 120 days from the Notice to Proceed. A reasonable completion date shall be specified for each piece of additional Work ordered by the City; provided that no completion date shall be specified beyond September 30, 2019. If the Term of this Agreement has not already expired by September 30, 2019, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate without further obligation on the part of the City (other than to make payments then due) on September 30, 2019. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Comj2ensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for the Base Work shall be the lump sum of $59,550.00. The total amount paid under this Agreement as compensation for all additional Work shall not, in any case, exceed $75,770.00, and such compensation will be based on the unit prices set forth in "Exhibit B". The total amount paid under this Agreement as compensation for the sum of all Work shall not exceed $135,320 (the "Maximum Contract Price"), except as outlined in Section 6 below. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit 111, attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However:, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the I . Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terns of this Agreement, or aM Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator, The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City.. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in tennination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. I U.'IJ, q` 4 4i s>., D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O_C.G.A.. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiaritv with the Work. (i) Contractor Familiariti, with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, worksite(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such 1:0 observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Znforniation. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence; interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator: for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further: written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways; structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PGB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. 1. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. Contractor's Reliance on Submissions by the City_. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or whish the Contract Documents did not require to remain uncovered tmtil examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall. be agreed upon in writing prior to being incurred. If ..k., Y'.„3..�d P,:�,. ee.', such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Un. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. II (' M. Contractor's Representative. n6nip �U1'cheZ [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Construction Services Au'rcement , Version 1 .O 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. 0. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including; but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold hai-inless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. 1.. wt t - _l t;P"� `� df�.'i "r_''i , ) ! � Jll (l) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All. policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death., injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Worlcers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: N/A (f) Commercial Uinbrella Liability Coverage: $_N/A_ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requiretnen.t. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liabilihr. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requiretnent. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terns and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incor-poration oflndetnnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after tennination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance and Payment bonds as a condition of this Agreement. At the conclusion of all Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1/3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits D..1, D.2 and D.3" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E-Veryf Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits GA and. G.2" (affidavits regarding compliance with the E -Verify program to be sworn under: oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verities that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby.. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for: at least three (3) years from the date that final payment is made to Contractor by City under this Agreement.: Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of businessfor the purpose of evaluating Contractor's compliance with the terns of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that; if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building pen -nit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. All of the individuals identified in "Exhibit J", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team, as listed in "Exhibit J", without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terns of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Matthew Fallstrom shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warrantv. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. After the expiration of the Warranty Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose andsuitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional. services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at Least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination.. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such tennination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section IO(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the expected date of final completion of the Work. (ii) City's Right to Curr Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 1.3. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as .if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. { 1wi[=?1i "'. 01 10-l" L_as" HbAl.2. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matthew Fallstrom for the City and A 4vnlo SCLhChU, [1NSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: D.A.F. Concrete, Inc. 9160 Turner Rd Jonesboro, GA 30236 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive Consh*uctioil Ser% ices AP-ccnicrlt , Vel-sloll 1.0 termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services wider this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility,embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assi ns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal ztie.';4.++.1.P representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. �. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: D.A. F. Concrete, Inc. By: Jin �c= ' �` SGncnUZ Print Name: /_ ,, f`/ Gr�i - G CC nC'n e" Its: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attes fitness: �1 Print Name:l c: f -e A.tj i Its: A:�51 5 ((Assistant) Coiporate Secretary if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney No Text HOME OF'THF h -ST QJAI IT Or ..FF .:,�� A CITY OF MILTON MILTO'Ni��,INVITATION TO BID ESTABLISI IED 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 18-PW10 Speed Tables and Pedestrian Improvements Project Due Date and Time: City of Milton October 25, 2018 Number of Pages: 114 Local Time: 2:00pm 2006 Heritage Walk Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: September 27, 2018 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 18-PW10 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office BID RESPONSE 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions October 11, 2018 at 5:00 pm Email questions to Honor Motes at honor. motes@cityofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 18 -PW 10 1 1 Page Topic Definitions Invitation to Bid Schedule of Events Bidding Instructions (What must be submitted) Insurance/Bond Requirements Bid Form and Addenda Acknowledgement Bid Bond (3 pages) Qualifications Signature and Certification Corporate Certificate List of Subcontractors Contractor Affidavit and Agreement (eVerify) Disclosure Form Project Specifications Bid Submittal Form (4 pages) General Conditions EPD Air Quality Rules Sample Contract Agreement ITB 18 -PW 10 2 1 Page COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 18 -PW 10 3 1 Page HOME OF' THE BEST QUALITY OF LIFE R,1 GEORGIA'I LTON) ESTABLISHED 2006 Invitation to Bid 18-PW10 The City of Milton is accepting sealed bids from qualified firms for the Speed Tables and Pedestrian Improvements Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on October 25, 2018. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (18 -PW 10) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is October 11, 2018 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about October 15, 2018. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (18 - PW 10) and bid name (Speed Tables and Pedestrian Improvements Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 18 -PW 10 4 1 Page The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. TE, All digital copies must include exactly the same information as provided in the hard copy "Original ITB 18 -PW 10 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date September 27, 2018 Deadline for Receipt of Written Questions 5 PM on October 11, 2018 Posting of Written Answers by City to Websites on or about October 15, 2018 ITB DUE No Later than 2:00 PM on October 25, 2018 Tentative Contract Award (on/about) November 5, 2018 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (hftp://www.cityofmittonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 18 -PW 10 6 1 Page FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description e(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (3 pages) 37-40 The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the Sped Tables and Pedestrian Improvements Project, ITB 18 -PW 10. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 18 -PW 10 7 1 Page The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from Licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 18 -PW 10 8 1 Foge to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation Limits as required by the State of Georgia and Employers Liability Limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii') Any failure to comply with reporting provisions of the policies ITB 18 -PW 10 91 f' a g shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy Limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has ITB 18 -PW 10 10 1 F (-} --j been renewed or replaced at Least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or Labor performed in performance of the project, both in amounts equal to one hundred percent (1000 of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury ITB 18 -PW 10 11 1 Daae Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 18 -PW 10 12 1 Page HOME OF' THE BEST QUALITY OF LIFE IN I LTON'%' ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 18-PW10 Speed Tables and Pedestrian Improvements Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. ITB 18 -PW 10 13 The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 Bidder Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB 18-PW10 14 1 Page (Seal) HOME OF' ?HE BEST QUALITY (7)F LIFE IN N, CEORCIA' I LTO ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: ITB 18 -PW 10 15 1 Page Signature and Title:. Signature and Title: Note: (1) Above addresses are to be used for any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing bythe City and Bidder, provided that the total time,. including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the NoticeofDefault required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 18 -PW 10 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 17 1 Pcj� g HOME OF' 'r BEST QUALITY OF LIFE IN OF M I LTON ESTABLISIIFD 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE I, , 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 day of , 20 (Seal) (Signature) ITB 18-PW10 18 1 Page HOME OF' THE BEST C-1 1AL' f r DF LIFE I' J ( E I LTO N I Ir ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS Ido , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 18-PW10 19 1 Page HOME OF '1 HE BEST QUALITY OF LIFE IN GEORGIA' M I LTO N' ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Speed Tables and Pedestrian Improvements 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: ITB 18 -PW 10 20 1 Page HOME OF' HF BET I-y[' ,F LIFE 1r M1 -- LTONI ESTABLISHED 2006 DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 18 -PW 10 21 1 Page HOME OF `1HE BEST QUALITY ; DFE I' ",EORGW MILTO-N"Ir ESTABLISHED 2006 PROJECT SPECIFICATIONS Speed Tables and Pedestrian Improvement Project SCOPE OF WORK The City of Milton Public Works Department, (City), requests that interested parties submit formal sealed bids/proposals for the Speed Tables and Pedestrian Improvements Project. The scope of this project generally consists of the construction of speed tables and sidewalk and ramp improvements within the City of Milton. This project shall follow Georgia Department of Transportation Specifications. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. In case of discrepancy between the unit price and the total price on the completed Bid Schedule, the unit price will prevail and the total price will be corrected. To bid on this contract, the Contractor must be listed on the current Georgia Department of Transportation Pre -Qualified Contractors list. No exceptions. Project detail sheets are provided below and pdf plan sheet can be downloaded at http://mittonintersectionprojects.com/wp- con ten t/ uploads/2018/09/Heritage WalkSpeedTables. pdf The project includes at a minimum, three (3) locations along Heritage Walk between Itaska Walk and Lecoma Trace to be completed by February 1, 2019 and further described as follows: Location #I Crosswalk speed table with stamped and colored concrete top and ramps as shown. Color and stamp to be determined by the City. Location #2 Crosswalk speed table with stamped and colored concrete top and ramps as shown. Color and stamp to be determined by the City. Location #3 Crosswalk speed table with stamped and colored concrete top and ramps as shown. Color and stamp to be determined by the City. Relocate a decorative mailbox. ITB 18 -PW 10 22 1 P c� c� Additional Work Stormwater At location #2 the contractor will also be installing a single wing catch basin and 35' of 18" RCP connecting to the existing structure located on the other side of the speed table. Additional Work Sidewalk At location #2 the contractor will install 6' wide 4" thick concrete sidewalk connecting the back entrance of City Hall to the sidewalk at the speed table crosswalk. This includes approximately 1000 SF of concrete as shown on the drawing below. Any additional concrete work within the project area will be billed at the unit price provided in the bid schedule. ITB 18 -PW 10 23 1 P a g e >iJ0 m LWA ITB 18-P W 10 24 1 ITB 18-P W 10 25 1 t t 1 e 1 t 1 t 1 { 1 i I i 1 i t 1 N Ln 1 I I A STD 1011 STA: 112+60.39 2 Z� n OP: 1117.6 ft d • o iv t 9.85 ft DD't H: 3. ft v •`� o - 1110.60 - - TA: 112478.00 ; 21.83 "'QI IN:! OP: 1118.1 ft 1 10. 9 ! 12.5 — : 6.84 ft DD't H: 0.64 ff -- - TA: 112,178.00. 3.03 R ft OP: 1117.7 ft 11/3.1 5.50 ft B-11: A STD GA 10 11 A. 0 �' 5 I I I , STA: 11 *78.30 3.16 R ra Na H: 3.97 ft 4t i l RD . N• I I I I -I • { I—f I Lf 1;7 i >— STA: 1/29165. 62 . 99. 31 R I I � TOP: 11Q.93 93 f t ITB 18-P W 10 25 = �l 26 1 Paas cnut, 2ti-o M2 mc; cl`O =ZZ CID U7 G It It ID CIS It I'D st fC It In 'pec nID c. 0 — 0u It It 1, It tt cam = �l 26 1 Paas U7 G = �l 26 1 Paas All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. The City desires to have all work, future locations in the City yet to be determined, to be completed by September 30, 2019. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than 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 shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King Day, and Presidents Day. The work will require Contractor to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. Except to the extent limited by law, 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. r �h The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. Contractor is responsible for the materials and labor used for raising of water valves and manholes to the new grade of the paved surface. Any utility covered up or left below the asphalt grade will be ITB 18 -PW 10 28 1 P a g raised to the proper grade after the fact. The area around these utilities will be saw cut and squared off and the final surface course will be concrete. This work shall be considered incidental. The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to insure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the Latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. The Contractor shall provide four (4) variable message boards to be placed at the direction of the City. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be ITB 18 -PW 10 29 1 Page incidental to other pay items. The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway,. road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic) pavement markings shall be placed at least fifteen (15) calendar days but no more than sixty (60) calendar days after placement of final asphalt lift. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. unless specifically directed otherwise by the City. Final pedestrian crosswalk markings shall adhere to the latest standards. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list. The Contractor shall install temporary paint pavement markings on the reclaimed base course prior to re -opening the roadway until topping is installed. Temporary paint shall also be used on the completed topping course while awaiting the thermoplastic striping. This work will be considered incidental and should be included in the lump sum bid for Traffic Control. ITB 18 -PW 10 30 1 Poge This work shall consist of the installation of new 5' sidewalk and ADA compliant ramps. The Contractor will install the new sidewalk in accordance with GDOT Standard Specifications Sections, Article 441. Ramps will be constructed in accordance to GDOT detail A3 that replaces GA Standard 9031 W and must meet Federal ADA standards with regard to slope and grade and shall be constructed using 3000 psi concrete (class A). The Contractor shall inspect the locations specified in the bid to determine the extent of work necessary to construct or upgrade each ramp, The Contractor is to select the ramp type to be used based on the site conditions and configuration of existing sidewalk present unless specifically indicated. In some circumstances the Contractor can install detectable warning panels if existing ramps are constructed to at the proper grade and slope. Expansion joints shall be placed at an interval of 40 feet on center throughout the sidewalk length and at all interfaces with existing sidewalk or structures. The surface of the sidewalk and subgrade shall not exceed a cross slope of 2%. This slope shall be directed to the street unless otherwise directed by the City. The forms shall be made of steel or wood to insure the accurate maintenance of lines and grades. Flexible strips may be used where necessary on curves. After forms are completely set in place the Contractor shall have the forms inspected by the City prior to pouring concrete. All new concrete sidewalks shall be a minimum of 4 inches thick and shall meet the GDOT specifications for Portland Cement Concrete. The subgrade shall be thoroughly moistened and the concrete shall be deposited to the proper depth. The concrete along the edges of the forms shall be well spaded against the forms and the concrete shall be struck off until all voids are removed and the surface has the required grade and cross section. The surface shall be struck off with a straight edge, floated and troweled just enough to produce a smooth dense surface, free from irregularities. Brushing crosswise with a fine hare brush or broom is required to produce a non -slip surface. All joints and edges shall be rounded to a radius of one-quarter (1/4) inch with an approved finishing tool. The City reserves the right to reject any sidewalk segments not finished in accordance with these standards or finished in a professional and workmanlike manner. All sidewalk sections that are rejected by the City shall be removed and replaced by the Contractor at no additional charge. The ITB 18 -PW 10 31 1 P a g e Contractor is responsible for protecting the sidewalk from the elements, travel and vandalism. After the concrete has set sufficiently, but not more than three (3) days, the forms shall be removed and the spaces shall be backfilled with topsoil. The area between the sidewalk and the curb shall be graded to slope toward the curb and allow drainage to flow toward the curb after sod installation. The removal and disposal of existing curb and other concrete to construct or upgrade each ramp and construct sidewalk along with any clearing, grubbing, tree and shrub trimming or removal that impacts construction shall be considered incidental. All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time.. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities will result in suspension of the work. EROSION CONTROL It is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control Laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the Contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain ITB 18 -PW 10 32 1 Page to this project. ITB 18 -PW 10 33 1 P a g e 41" t" 9 ITB 18-PWI0 34 1 P n 4z�, 34., oil 41" t" 9 ITB 18-PWI0 34 1 P n ITB 18-PW10 35 1 Page t11 Q 1 *�tz �4 ITB 18-PW10 35 1 Page ITB 18 -PW 10 36 1 Page CO T 2 N _rte— _ O Lo- 1 ' s 1 1•i Y.Y 2 -.-� � _ 1 � 2. r. v S XL - � s _ c- 1 t 1( I 1 s � W _ – ir s ITB 18 -PW 10 36 1 Page Nig,� no:f0m e Lfmdu aNx WR pop - pig gg nr� th F ca Y W EDGE OF FVMT 1 ._ ______ S 6EMK BAOK � G18� � b �. La L.0DL �. C!% _ O w ism 41.0 rd V R. J,s _ P rr g Eli ji $ g Eli lit HEaOR;- M-. . F-5 SIA �rM-�5 ITB 18 -PW 10 37 1 Page 1Y i014' ..—aargdoxsvn $ h 9 6, La3W3AVd d03J03 ���� � `d' L M pY cn s �e FA 0. _ s1 'T< bpm 318 CIA UP 11 Ir IN R. ITB 18 -PW 10 38 1 Page HOME OF'THt 1 1 LTON4t ESTABLISHED 2006 Bid Submittal Form Speed Tables and Pedestrian Improvements Project 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. 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 SIGNATUR PRINT / TYPE NAME TITLE ITB 18 -PW 10 39 HOME OF ' M i lit J ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Item Description Unit Unit Price Estimate Estimated # Units Price Concrete raised 1 crosswalk/speed table EA 2 per detail TC -3 Staining and stamping 2 concrete for raised SF 500 crosswalk/speed table 3 Concrete speed hump EA 2 per detail TC -2 4 Concrete Sidewalk, 4" SF 1000 5 Concrete Curb and LF 4 Gutter, 6"x24" 6 Single Wing Catch Basin EA 1 7 18" RCP Pipe LF 35 8 Detectable Warning Strip EA 24 2' x 4' 9 Curb Cut Ramp EA 2 10 Steel plate over gutter EA 2 Ceramic Channel Marker 1 1 Tp 10 Yellow 2 Side EA 24 Reflect 20 12 Permanent Sod SY 13 W 11-2 Sign with Post EA 6 14 W1 6-7P Sign EA 6 15 Reset Mailbox EA 1 16 Speed Table Sign with EA 6 Post 17 Extra Mobilization EA 1 ITB 18 -PW 10 40 HOME OF 'THE BEST QUAD` -)F LIFE N GEOPGIP' MILT.ON �*t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Lump Sum amounts for description provided in Scope of Work: Location #1 $ Location #2 $ Location #3 $ Storm Water Work $ Sidewalk Work Print Total Bid Price Number of days to fully complete FYI 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 SIGNATUR PRINT / TYPE NAME TITLE ITB 18 -PW 10 41 1 r —,- ICJ 4 --k1 I V le 0' Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 10 1. 10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 18 -PW 10 42 1 P ci g Section 10 1.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 10184 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS; CITY OF MILTON, ACTING DIRECTLY OR. THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is Less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations. Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. ITB 1$-P W 10 43 1 P c; q gym° Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such. Bid Bond shall be on the forms provided by the City." Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 AWARD OF AWARD AND EXECUTION OF CONTRACT ITB 18 -PW 10 44 1 P ci cg -- Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103.07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, maybe just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC ITB 18 -PW 10 45 1 P c� g I Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed. pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A` "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, Tess the total of all previous partial payments, paid or in the process of payment. ITB 18 -PW 10 46 1 P c g e The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 18 -PW 10 47 1 Pn J 'NOTICE CONTRACTORS' EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 0, For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 18 -PW 10 48 1 Page No Text :1a � ti� b 'f:a HOME OF ' : N4 I LTO N1'*r ESTABLISIILII tUih, CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 18-PW10 Speed Tables and Pedestrian Improvements Project Due Date and Time: J October 25, 2018 Number of Pages: 114 Local Time: 2:00pm ISSUING DEPARTMENT INFORMATION Issue Date: September 27, 2018 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us Mark Face of Envelope/Package: Bid Number: 18-PW10 Name of Company or h m DA + C�� �r ���,1�cc . Special Instructions: Deadline for Written Questions October 11, 2018 at 5:00 pm Email questions to Honor Motes at honor. motes&c1tyofmiltonga. us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Q1(o6Y'Uf17NG12, 90� Authorized Bidder Signatory: Cny'CV) G '5(cbcl?e2. ,7 ,-0 0 USpl���% l0 / �v2-3 C (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: of - t - � _ a5" Bidder Federal I.D. Number: Bidder E-mail Address: 30-0 2-17 ) Z DAL—Ct; -fG -JfJ . L cc, C , BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 18-PW10 1 I Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (3 pages) 37-40 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price "purchasing contract" with one firm to be the primary supplier of the Sped Tables and Pedestrian Improvements Project, ITB 18 -PW 10. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered;each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade.kPhotographs, specifications and cut Sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 18 -PW 10 7 1 Page HOME OP44,'BU" A V I - IT. F5TA1W5#ED 2006 In compliance with your lhvitalioh To Bid, theundersigned;.hereiriafter termed the Bidder, proposes.Jq_ent.p�. ;in fp q;Contracwith J he City; o. :Milton, Georgia, i9provide jN es.�, necessary machinery; tbols; appdratus, other means,of constructibn, rind. material . ; d] (§ abor.specifled ini -.,Cohfr(ictDocurhehtseras,np.c.gsscirytotomolet, e the wbrkin. thewrnanner f herein specified Within the time specified,,as therein set forth, for: 1 .3 51 E fl M �- 0 i zed Ta e&.a n' Ped r an irnprvvie men s.tojec L The Bidder .has carefully examined and. fully understands_ the Contract, Specifications, and � 0 1 h 6r.,,. d io C. U rn e n f s:, h 6 t6 f;d.'.* bil fd c' he'd . has Made'd .personal - ex d i�h i h`dt i6i' h-,-" of I h e-- S i fe' ; of 7 ,the proposed W.ofk, hds:s6fisfied: himself' -ds to the'actudl c6rditlohs arid reuireme.his of . 'q the. Work -and hereby proposes and agrees that if his. bid is accepted, he Wil(.c.on-tract, with the, City. of Milton in full conformance with the Contract Documents. Unless of hemiiso,d irected-oll -work, oerformed shall be in:,accordonqe..wlfh the Ceorgia Deportment of Transport,aflon Standard Specifications. Construction of Transportation Systems (Current edition). .4t)s the intent .of this B)d,foinclude, -all items:of construction and all Work called fo.r.in:fhe, Specifications, or otherwise a part of the Contract Documents. In accord'ance. with the foregoing, the undersignaid proposes to furnl�]h and construct the "ems listed in the attached Bldschedule� for the unit prices stated.' .he Bidder'agrees; that the cost of` dnV .,cork 'performed, mdiefldlg fur0ish6d,-:s0.'r.v provided or expenses- iniqui-red, which are not .spec .1flicalIV in' the Contract Documents but which are incidental. to., the scope, Intent, and compleflon of the Contract, shall bedeemed fa have been included in. the 'prices bid. ITB 18-PWIO 13 1 Page The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount ofd 10,1 10ka Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this. day of 2- 20� ,. Bidder _C� -fir 4SIal) Company Name Bidder Mailing Address: DhF �nGrL, iN 0 t'�•-��c� Signature: Print Name:%�(L?�� Title:_ rpm, ITB 18 -PW 10 14 1 Page HOME OF M I LTO N ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): DAF CONCRETE INC 212 HICKS DR SE MARIETTA GA 30060-3408 SURETY (Name and Address of Principal Place of Business): AUTO OWNERS INSURANCE COMPANY 6101 ANACAPRI BLVD LANSING, MI 48917 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: 10/25/2018 PROJECT (Brief Description Including Location): PEDESTRIAN IMPROVEMENT (SIDEWALKS) FOR CITY OF MILTON BOND BOND NUMBER: 13D150151 DATE (Not later that Bid due date): 10/25/2018 PENAL SUM: FIVE PERCENT OF BID DOLLARS 5% OF BID (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 DAF CONCRETE INC (Seal) Bidder's Name and Corporate Seal Signature and Title: Attest: i(), , 06 - ITB 18-PW10 SURETY AUTO -OWNERS INSURA CE COMPANY (, Surety'ANe rorporate Sea By: Signa (Attach Power of Attorney) Attest: . -c (64 I - C- 15 1 Page -15(Page Signature and Title: Signature- and Title' Note: (fl Above addresses are to be used for giving any notice required by o the termsf this Bid Bond. (2) AhY,sfnguIar'reference fico Bidder, Surety, the City or any other party shall be cQnside're.d plural where applitable. I Bidder and Svrety,. jointly and severally, bind themselves, th.& heii'% executors, administrators, sluccessors-and assigns to pay to the City .upon Default of Bidder the pe al sum set forth on the face of Phis Bond. I Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension- of that time agreed to in -writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding DOCUMentS. 3, This obligation shall be, null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the, time required 'i by the Bidding Documents (or any. extension of that time agreed to in .M writing by the City) the executed Agreement required by the Bidding Documents. and any perl'offnance rand payment Bonds required by. the Bidding Documents, or 12 All'Bids are rejected by the City-, or 3.3 The city fails, to issue d Notice of AWa'rd to Bidder within the timespecified in the Bidding and, for any extension of that firne-agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). A. Payment under this Bond will be: due and payable upon Defqu)t by Bidder within30 calendar days after receipt by Bidder and Surety ofa'w6tten* Notice of Default from the OtYr Which Notice will be given with,reasonoble promptness and will identifyAhis. Bond and the Project and include a stalement,of the amount due. e or,arisingout of, 5. Sur ty waives notice of, as well as a ' ny and all defenses based on' any time extension to issue 0 Notice of Award agreed -to in writing by the City andBidder, provided ,that the total time, including extensions, for issuing c! Notice of Award shall not in the aggregate exceed 12a days'from Bid due date without Surety's, written consent. 6. No suitor action shall be commenced under this. Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder acid Surety or later than one yearafter 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.. ITB- 18 -PW 10 1-6 1 P a g e 8. Notices required hereunder shall be in writing and. sent to Bidder and Surely at their respective addresses shown on the Lace 6f this Bond. , Such notices may be sent by personal delivery; commercial courier or by United State!; Registered.or Certified Mail, return receipt requested, ed, postage pre-paidjand shall be deemed to be effective. upon receipt by, the party concerned.. 9. Surely shall- cause to be attached to this Bond a current- and effective Power of c . Attorney evidening the authority horitY of the officer, agent or repre.sentative-who executed this Bond on behalf of Surety to e I �ecute,:seal and 'deliver such Bond and bind the..Surety thereby, 10, This Bond is intended to conform to. all appljcabl6 statutory requirements.. Any, applicable requirement of any. -applicable statute that has been d omitte . , from fh15. Bond shall be deer-hed to be included herein as if set forth -of length. 1f' any provision of this Bond , conflicts With any- applicable• statute, then the provision of send sto-lute shall govern and the rema * I ' rider of this Bond that is not In conflict therewith shall continue in full force and effect. 11. The term "Bid" as used hOrein'includes a Bid, off& brpropo5ol, as applicable under the particular -circumstances. 12. The terries of this Bid Bond shall be governed by the laws, of the State of Georgia. 1T9.18 -PW 10 17 1 P cl g E, DATE AND ATTACH TO ORIGINAL BONE) AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO, BRIS0151 POWER.OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That the AUTO=OWNERS INSURANCE COMPANY AT LANSING,,MICHIGAN,' a. -Michigan CorporaUon, having its principal office at Lansing, County of Eaton, State of Michigan; adopted the follcsvm-g Resolufton by directors of the Company an January 27,1971, to wit: "RESOLVEDi That the President or any Vice, President or Secretary ar Assistant Secretary, of the Company shall have tie power and authority to appoint Attorneys -in -fact, .and to authorize thetn.to esecufe on behalf of the Company: and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity, and other writings obligatory in'the nature, thereof: Signatures of officers and seal of Company imprinted on such powers' of attorney by facsimile shall have same.force and effect as if'manuatly affixed. Said officers may at any time remove and revoke the authority of any sucli:appointee." Ooes hereby constitute and appoint Paul 0, OPpenlander its true and lawful attomey(s}-in-fact, to execute, seal and deliver for and on its behalf as. surety,.any and aft'bonds and.undertakings, recognizances, contracts of iridemnity and other wiftings obligatory in the nature thereof, and the execution of such instrument(s)'shall be as binding upon the AUTO -:OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to a}i lntt nisi and purposes, as if the same had been ifulji executed and acknowledged l7y its regularly elected officers at its principal office., IN WITNESS WHEREOF -the AUTO.OWNER5 iNSURANGE COMPANY AT LANSING, MICHJGAN, has caused. this ta;be signed by its.,authorixed officer this'istday, of August, 2016. jzltit' fitrt�- Denise WilEiams Senior Vice President' STATE OF MICHIGANj,,. COUNTY OF EATON �a� ,xruef a . 'On this 1st day of August, 2010, before me personally came Denise. Williams. to me known who being duty sworn did depose and 'V say that they are [�enise'VJ lEiams, Senior V ce,PresFdant or AUTO:bWty1 Rs INSURANCE COMPANY the corporation describeii in and , xuwiy,+o xm Which execUted the above. instru ent,, that they kr104 the seal .of said corporation, that the seat affixed to said Instrument is such Corporate 0,�. aha x Seal, and that received said instrument. on behaifof the corporation byauthonty of their office pursuant,to a,Resolution of.the Board of yr tiC,q ©p tG Directors of said corporation. My commission -expires March 10 20221— - - Susan E. Theisen Notary Public STATE OF MICHIGAN ss. COUNTY of EATON t, the undersigned First lice President,. Secretary and General Counsel of AUTO-OWNEPS INSURANCE COt�tPANY.. do hereby certify that the authority to' issue a po%yer of. attomey as oullined in the above board of directors resolutidn remains in full force and effect as written and has net been revoked and the rtisolution as set.forth is now in force. Signed arid.sealed at Lansing, Michigan, Dated this 24th -- day of October 2018 kb� f � i CORP�AAYE -,� William F. Woodbury, First Vice Prerdent, Secretary and General Counsel 29¢4(10-17) priritbate:'rg7.2M2gi8 PrinlTimp:49:33:3SAM- MILTON'* I- STA R L I S I i L l7 200(1 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature /?!""G�l�,-z Date /r- -9'� J Print/Type Name_y�� Print/Type Company Name Here bA- F C- OnCirc. iC 11N 1 CORPORATE CERTIFICATE I, {7'��hI;n q Un C VZ certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that 1)0tD1'C, SOaC4 2 - 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 Gea7Q'C, This n day of 2J 20 I90t-nigt'i (Seal! (Signature) ITB 18 -PW 10 18 ! Page HOME OF ' &I. I LTON SHED 2006 [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: 12ecoti Gdc1'tic ITB 18-P W 10 19 1 Page HOME OF' �► 1 7OKI)' FSTARI ISI IFD 20oo [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A, § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 90 Or- VCJ eVerify Number Date of Authorization /Ja4 410 5,rn00 ,69 Name of Contractor Speed Tables and Pedestrian Improvements 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 (state). Signature of Authorized Officer or Agent )9 4r,1)i6cam[ 1),-'4 7 Printed Name and Title of Authorized Officer or Agent / SUBSCRIBED AND SWORN BEFORE ME ON THE DAY F ,201 Y. OTARY PUB [NOTARY SEAL] J •• ooIARk •'; si My amissio Exire,�:� i 0 +_� ; C 0 out4j ITB 18-PW10 20 1 Page HOME OF I LTON'�rr FS1Ak1ISIIVD 2006 DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder %2P1,AiC, S4nL:12LZ. 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 P /a 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: ITB 18 -PW 10 21 1 Page HOME OF ` MILTONIt I S1Ali I ISI IFI) 20011 Bid Submittal Form Speed Tables and Pedestrian Improvements Project 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. 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 ,L?19r Coal c,16.& 1"4c ADDR AUTHORIZED SIGNATURE %2)�c-41b PRINT/ TYPE NAME I�/�c>n�'G TITLE PN P�%ACJ ITB 18 -PW 10 39 1 Page HOME OF' - hSTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Lump Sum amounts for description provided in Scope of Work: location #1 $ -/sjO n �40A 'ter .' ,,�` •-I' -tom Location #2 $ / �, 0(20 Location #3 $ f L O(� M�" �^,� �►'` Storm Water Work $ 9 600 Sidewalk Work $ 5000 �s Print Total Bid Price r t 5`l, 55D Number of days fully complete FYl 8 project (exclude weather related days): ICY 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 points) within the time specified in the Bid Schedule. COMPANY -L) CGr) ADDRESS q G ±Q J-0 CH bc-r c AUTHORIZED SIGNATURE vr7��0�6�c' PRINT / TYPE NAME Gc t( Ch C.' TITLE ITB 18 -PW 10 41 1 Page ZOO, I I =.- From, Antonio Sanchez <claf..concret inceyahoo.com;> ,Sent.-. F6 'ay Jd October 26, 2018 12-,00 PM To'. Honor Motes Cc,: Matthew Pallstrorn; Sara Leaders 'Subject. Re., Bid Sheet - UB 18- PW10 Attachments: City of Mitton:Arnendecl Bid Schpdul6 (18-7PW10) Fo - How Up. Flag: Fallow.up Flag Status: Fld'g'ged Good. Morning, We confirmand agree to the lunipsurn pricing for each job. I notated the error on page. 41 and -attached it below. lf'you �have any qdasti6hs'or:concem, please let:'M6 know. Thank you, Audrey Clyde Secretary DAF Concrete. Inc.. P:(710),62..-97740.36. On._Friday, October 26,, - 2018 10:24,419 AM EDT, Honor Motes <Honor,,Motes@city.ofmiltonga.Us� Wrote: Hi AudreylAritonio,, After reviewing DAF,Concrete's Bid S.c hedule and Total B.id.P'rIce,' there was.a discrepancy which h .1 ich I understand Matt spoke with you about: According to the.5-1tems listed for the scope cope of Work the Total Bid.Price should be $59,550.00: If - you are agreeable to -that figure, please update and email ;me an.arnended page 44 of the ITB, along with a.notation of how the errorwas'.made. Once_I have this update, we can begin the-:coptractprocqsg. Please feel-free"to contact me if you have any cloestions or concerns. Thank you, I Prow.re'ni.ent'Managjar 2006 Hleriltage Walk;Milton, GA 30004 67&242-2.507 (0) wwwxity - ,Ofmil onq'a.us lrnpotfOnt. The Milton Police Depaitment and Manicipal Court remain iocated at 13000 DeerfWd Parkway, Milton, CA 30004, MILT-0N'P- f�TADURIYD 20% IT a "N I .fff Sign up fqr.our e -Newsletter! Have a problem, question; comment, complaint or:compliment'? Wewant.to hear about it!,For prompt assistance, call . 078.242,2500 Or e-mail us at info0cjtyofmilt6ncla.us. P� HOME OF' ` ' - M I LTON I. STA 1;I.ISIILD2000 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE item Description Unit Unit Pace Estimate Estimated # Units Price Concrete raised 1 crosswalk/speed table EA r , 2 per detail TC -3 Staining and stamping 2 concrete for raised SF 500 crosswalk/speed table c�- 2i5bo 3 Concrete speed hump EA 2 per detail TC -2 i9boa 4 Concrete Sidewalk, 4" SF If 101000 041, 5 Concrete Curb and LF 4 Gutter, 6"x24" r' 00 6 Single Wing Catch Basin EA ^'' 1 7 18" RCP Pipe LF �� j 35>' 8 Detectable Warning Strip EA 24 2' x 4' a _ 9 Curb Cut Ramp EA 5 2 O C 10 Steel plate over gutter EA 5002 Cc) Ceramic Channel Marker 11 Tp 10 Yellow 2 Side EA�O 24 Reflect 1 12 Permanent Sod Sy 20 Q 13 W 11-2 Sign with Post EA Q 6 oct 14 W16 -7P Sign EA o ri 6 SO 15 Reset Mailbox EA 1 1 100 16 Speed Table Sign with EA 6?,OCC Post JC7 �� 17 1 Extra Mobilization EA jG 1 � c; ju ITB 18 -PW 10 40 1 Page "EXHIBIT U See Exhibit A ! KNOW ALL MEN BY THESE PRESENTS THAT D.A.F. Concrete, Inc. ("Principal"), and Auto—Owners Insurance Company ("Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of the City, in the sum of One hundred and thirty-five thousand, three -hundred and twenty dollars ($135,320.00 ), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of aproject known as Speed Tables and Pedestrian Improvements Project, ITB 18-PW1.0 (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). NOW THEREFORE, the conditions of this obligation are as follows; 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Agreement, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in. the performance of any and all of the 'terms, provisions, and requirements of the Agreement, including all modifications, amendments, changes, deletions', additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Agreement by the Principal, which shall include, but not be limited to, any breach or default of the Agreement; 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 Agreement; and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WI'T'NESS WHEREOF, the Principal and Contractor's Surety Have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON THE FOLLOWING PAGE] CONTRACTOR: D.A.F. Concrete, Inc. By: /9»7���G s�--_ (signature) ;,, ,4Ch G (printed) Title: p' ' f�J f ' (SEAL) Date: 22 -le) Title: S� C ✓t Date: I I 21 signature) printed) CONTRACTOR'S SURETY: Auto-Oum Insuran e Company By: (signature) Keith Griffin — Title: Attorney -In -Fact Date: 11/27/18 Attest: ki L (� - (signature) Kelly Worthey (printed) Title:► - Date: 11 /27/18 (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT D.2" PAYMENTBOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT DAF Concrete, Inc. ( "Principal"), and Auto Owners Insurance Cpmpany ( "Contractor's Surety"), are held and firmly bound unto City of Milton, Georgia ( "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of One hundred and thirty-five thousand, three -hundred and twenty dollars ($1.35,320.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns; jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Speed Tables and Pedestrian Improvements Project, ITB I8-PWIO (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"). 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 Agreement, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Agreement, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Agreement 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 Agreement, 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 Agreement. The Parties further expressly agree that any action. on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers; as set forth below.. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: D.A.F. Concrete, Inc. By: n Gh L� (signature) fi—nItC-LJ.LG— C41101G2— (printed) Title: �, C Q Ij (SEAL) Date: 12-212-19 tt st: 04—signature) (printed) Title: S Date: CONTRACTOR'S SURETY: Auto -Own >insuron e CcmpanY By: (signature) Keith Griffin (prin,kLA, Title: Attorney -In -Fact Date- 11/27/18 Attest: ki :,c (,t,� '1.��. (signature) Kelly Worthey (printed) Title: SL (LV ry Date: 11 /27/18 (ATTACH SURETY'S POWER OF ATTORNEY) Bond Number 66281981 N. auto- rs Insusace Life Home Car Business ia;wnm.:a�as• ACKNOWLEDGEMENT BY SURETY STATE OF MICHIGAN County of Eaton On this 26TH day of NOVEMBER, 2018, before me personally appeared Paul D. Oppenlander, known to me to be the Attorney -in -Fact of Auto -Owners Insurance Company, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. .y' -'ITT' h NOV�RY PF KEN '�ZTTr I COUMV Of KENT i htv Commb I n. 6a'✓e, Q MA.If in 2022 .lcifng In the Gounly of Q' y�fglF`o Print Date' 11/26/2018 Print Time: 11:36:46 AM r �4� _J�'L'4a4_� Susan E. Theisen Notary Public in the State of Michigan County of Kent SUSAN E. THEISEN NOTARY PUBLIC -STATE OF MICHIGAN COUNTY OF KENT My Commission Expires March 10, 2022 Acting in: the County of Eaton DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN NO, 66281981 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27, 1971, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys -in -fact; and to authorize them to execute on behalf of the Company; and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such, appointee." Does hereby constitute and appoint Paul D. Oppenlander its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes; as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 1 st day of August, 2016. Denise Williams Senior Vice President STATE OF MICHIGAN ss. y" COUNTY OF EATON J�Pa E yFiT, NOTARY PJBUC On this 1 st day of August, 2016, before me personally came Denise Williams, to me known, who being duly sworn, did depose and " COUNTY OF KENT !, enr canmsan„tra.o i say that they are Denise Williams, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation described in and ; anRCTi m.�on which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is such Corporate y w , "c'o my 'l :2s Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of 'h,wp Directors of said corporation. F�oF M��a My commission expires March 10, 2022 Susan E. Theisen Notary Public STATE OF MICHIGAN lss. COUNTY OF EATON f I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth is now in force. � Signed and sealed at Lansing, Michigan. Dated this 26th day of November 2018 ERS / ; + ov1N NSGr, t % ! � C CORPORATE SEAL; 1414-L 4l - �S�Nc MSo� uo tjhy, William F. Woodbury, First Vice Present, Secretary and General Counsel 2940 (10-17) Print Date: 112612018 Print Time: 11:36:45 AM "EXHIBIT D.3" MAINTENANCE BOND CITY 017 MILTON, GEORGIA KNOW ALL MEN BY THESE PRE SENTS THAT DAF Concrete, Inc. ("Principal") located at 9160 Turner Rd., Jonesboro, GA 30236, and Auto -owners Insurance Company .. ("Contractor's Surety"), are held and firmly bound unto the City of Milton, Georgia ("City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of Fourty-four thousand six ($ 44, b56._go J, lawful money of the United States of hundred fifty six and 00/100 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, firinly by these presents. WHERE AS, the Principal has entered into a certain written. Agreement with the City, for the construction ofa project Imown as Speed Tables and Pedestrian Improvements, (hereinafter referred to as the "Project") which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Agreement"); and WHEREAS, said Project b� been approved by the City of Milton, under the terms that a bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on the date of filial completion of the Project, repair and replace any defects arising trom the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall repair and replace any defects arising from the Project; and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for costs of repairing and/or replacing the Project, 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 terrns, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of per-forinance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety Undertakes to perform its obligations under this bond shall be Subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this 2_8 tilday of November 2018. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: D.A.F. Concrete, Inc. By: 19n7CTlIU SG r16h L!. _(signature) 1'0 C� �tCh G� (Printed) Title: (SEAL) Date: 22-1 a Title: ✓ Date: 2_ CONTRACTOR'S SURETY: Auto7Kjjt-h9Grjfffin Jnsuran e Company (signature) By: (Prinrk Title: Attorney -In -Fact Date- 11/27/18 Attest: ISL 1 C-1 (e % tk 4 (signature) Kelly Worthey (printed) Title: SL (�V-- Date: 11/27/18 (ATTACH SURETY'S POWER OF ATTORNEY) "EXHIBIT E" NONCOLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF rvzffq► k COUNTY OF '(,kdA +-,) ✓N Ari h n i D S�.in (, hx0. , being first duly sworn, deposes and says that: (1) He i sD A i n -e 1( (Owner, Partner, Officer, Representative, or Agent) of D.A.F. Concrete, Inc. (the "Bidder) that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of a sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, included in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (6) Bidder has not directly or indirectly violated any law, ordinance or regulation related to the Bid. �9n7c,yi D Sli,�crl�' Signature of Authorized Officer or Agent potg, &J Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS TWE DAY OF /tl /A 0FkEY 0 Vol Public Q • ••• •• y0� 2 t r1oTq,9 [NOTARY SEAL] : M: •.oma; - AUBLIG Q= iL •• •• My mission Expis: � ,Ie� � Q �•� IIID "EXHIBIT G.1" STATE OF �Itoy,4 16, COUNTY OF CA i'l 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: .3"1z�0 S4t? I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Executed on 22 _, 20 Win /JGS 12-- U _ Z (city), (state). Date of Authorization D.A.F. Concrete, Inc. Name of Contractor Speed Tables and Pedestrian Improvements Project Name of Project City of Milton, Georgia Name of Public Employer ArJ%tel, /� sGZ Signature of Authorized Officer or Agent Av cwe a sGArck a-- J;1 -1C -S1 gc1iT Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE M4 ON THIST E DAY OF AZ1 tary Public ` •��pS E Y C��i �. .� [NOTARY SEA ] %% ll'' My mmission Expires* ), 'film-01%`�� "EXHIBIT Get" STATE OF COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with D.A.F. Concrete, 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 infonnation required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Speed Tables and Pedestrian Improvements 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: 0 See Exhibit "A" A. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Payment shall be based on the value of the Work completed, as provided in the Contract Documents, plus the value of materials and equipment suitably stored, insured, and protected at the construction site, and, only if approved in writing by the City (which approval shall be given at the sole discretion of the City), such materials and equipment suitably stored, insured, and protected off site at a location approved by the City in writing, less retainage (as described below). Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon final payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. B. Evaluation of PUment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. C. Final Payment and Retainage. The City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Maximum Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until substantial completion. Once fifty percent (50%) of the Maximum Contract Price, as maybe adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. All amounts retained by the City shall be held as a lump sum until substantial completion of the Work, regardless of earlier completion of individual component(s) of the Work; provided, however, that, at the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At substantial completion of the Work and as the Contract Administrator determines the Work to be reasonably satisfactory, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items or Work that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion, an amount equal to 200 percent of the value of each minor item or item of Wort{ that is incomplete through no fault of the Contractor, as determined by the City in its sole discretion, as determined by the Contract Administrator in its sole discretion, shall be withheld until such item, items or work are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved Change Orders and other additions to the subcontract value; provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's wort{ complete and in place equals fifty percent (50%) of his or her subcontract value, including approved. Change Orders and other additions to the subcontract value; provided, further, that the work of the lower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Final payment of any retained amounts to the Contractor shall be made after certification by the Contract Administrator that the Work has been satisfactorily completed and is accepted in accordance with the Agreement and Contract Documents. Neither final payment nor any remaining retainage shall become due until the Contractor submits to the Contract Administrator (1) an affidavit that payrolls, bills for materials and. equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers, and (6), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment. "EXHIBIT J" The following individuals are designated as Key Personnel under this Agreement and; as such, are necessary for the successful prosecution of the Work: Reserved. "EXHIBIT K" The City, will be administering the contract itself "EXHIBIT " Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the beginning of the Work until final completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements; or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the beginning of the Work until the final completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before final completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section I I(A)(ii) of the Agreement, the City will determine if certain precautions are unriecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until final completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. 469 MILTON Ir TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 11, 2018 Steven Krokoff, City Managero Approval of Change Order #3 to Professional Services Agreement for TSPLOST Batch 1 Design Services Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,AYES () NO CITY ATTORNEY REVIEW REQUIRED: (,AYES () NO APPROVAL BY CITY ATTORNEY: ((APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1 217) 20` 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: December 11, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #3 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. The agreement included the option for adding the scope and fee for construction documents once a concept has been developed. Change order #1 was approved on December 18, 2017 to include design services for the Northeast Crabapple Connector project and change order #2 was approved on October 8, 2018 to include extending the project limits of the Northeast Crabapple Connector project on Mayfield Road and Charlotte Drive. The concept plan has been completed for the Hopewell Road at Bethany Bend/Way intersection improvements and this change order is for construction documents and final design of the improvements. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400003 ($2,500) 335-4101-541400004 ($199,515) Requisition Total: Increase PO18063 by $202,015 for total of $454,435 Vendor DBA: Pond & Company Financial Review: Bernadette Harvill (12/11/18) Legal Review: Sam VanVolkenburgh, Jarrard & Davis (12/6/18) Attachment(s): Change Order #3 HOME OF *THE HFSt QUAUTY OF UFF IN GFOAGIA' MILTON FSTA6LtSIICD2" CHANGE ORDER #3 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, and as amended by Change Order #1, dated December 18, 2017, and Change Order #2, dated October 8, 2018, all 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 1(d) and Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; and WHEREAS, the parties acknowledge that the Work added by this change order does not modify the "original contract amount" for purposes of Section 2(d) of the Agreement, as the Work described herein was specifically contemplated as a separate item of service during the procurement process. To the extent the added Work is found to exceed any restriction on change order amount, the parties intend that the additional Work is to be 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: I. 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 $454,435 (the "Maximum Contract Price"), except as outlined in Section U(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 and task 9 Work related to Hopewell at Bethany phases 1-5 shall be the lump sum of $178,950. The compensation for task 9 Work related to Northeast Crabapple 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. The compensation for task 9 Work related to Hopewell at Bethany phase 6 construction phase services and phase 7 miscellaneous services will be billed at an hourly rate per the fee schedules for such Work, attached as part of Exhibit "C" to the Agreement, with total compensation not to exceed $10,565 (phase 6) and $12,500 (phase 7)." 2. Consultant 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 by this change order. 3. Exhibit "C" to the Agreement is hereby amended by adding the letter from Pond & Company dated December 3, 2018, attached hereto as Exhibit A. 4. The Parties acknowledge that the estimated completion timeframe and proposed schedule for the Work set forth in Exhibit A hereto are simply estimates that the Parties will attempt to adhere to. Notwithstanding such estimates, the Consultant shall complete all Phases 1-5 of the Work not later than September 30, 2020, unless unduly delayed by City or delayed due to a Force Majeure as described in Section 7{M} of the Agreement. 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] 1. �1 ! COMPANY �I Print Name: Robert Williams, PE Its: PresidentlVice President (Corporation) Date: December 6, 2018 [CORPORATE SEAL] Attestfffltn ss: Pri t Name: .John W. Cass idyxr 6,PMP Its: {Corporate Secretary ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA Lo Joe Lockwood, Mayor [CITY SEAL] Date: Attest: Print Name: Sudie Gordon Its: City Clerk Approved as to form: City Attorney Ml LT�N Exhibit A M1L1C N rfesponsive People. neal Pal Mots. Archltecrs Engineers Planoors Conslructars December 3, 2018 Mrs. Sara Leaders, PE Transportation Engineer City of Milton 2006 Heritage Walk Milton, GA 30004 3500 Parkway Lane P 678.336.7740 suile 500 F 678.336.7744 Peachtree Corners, GA 30092 www.pandco.cain Re: Hopewell Road at Bethany Bend and Bethany Way Intersection Improvements Pond & Company (Pond) is pleased to summit this proposal for transportation and engineering design services for the above project. The paragraphs below describe the professional services and fees to accomplish this work. PROJECT UNDERSTANDING: This project is a continuation of our initial efforts supporting the City in conceptual analysis of the Batch 1 TSP LOST project for the intersections of Hopewell Road at Bethany Bend/Bethany Way/ Bethany Oaks Point. This project will develop construction documents based on the concept which was presented to the public and council (see Figure 1). Our understanding is the City of Milton will locally fund the design and construction of the roadway improvement through City's T-SPLOST program. Pond will coordinate the design efforts with the City of Milton staff, adjacent property owners, and stakeholders, as appropriate. PROFESSIONAL SERVICES: The work will consist of survey, and engineering design services to prepare construction plans for the concept described above. Pond will provide all labor, materials and equipment necessary to assist the City of Milton Public Works in completing the tasks as described herein. Scope of Work Phase 1:Database Prenaration Task 1A. Survey — Pond will contract with Rochester and Associates, Inc. to provide survey data for the project. The existing intersection was surveyed back in 2013 by Rochester. The city has provided this pianimetric data in AutoCAD format. However, Rochester will convert said data into Microstation and InRoads format for our work. Additional survey will be obtained for the subdivision of Bethany Oaks. Task 1B. Survey verification -- Pond staff will perform a field visit to verify the survey deliverable. Phase Z: Preliminary Design — Task 2A. Meetings — We will attend 1 stakeholder meeting with City of Milton and the Bethany Oaks subdivision members to confirm the preferred alternative access to the subdivision. Task 2B. Preliminary Design Plans and Cost Estimate —The preliminary design will include a roundabout at the intersection of Hopewell Road and Bethany Bend. This roundabout will be designed as a single lane roundabout with the consideration of future modifications to become a multi -lane roundabout as depicted in the approved concept. Task 2C. Utility Plans and Coordination — Early coordination with the utility owners is critical to the success of any project. We will prepare utility plans and submit to all utility owners for markups. We will incorporate the markups into the utility adjustment plans. Task 2D. Preliminary Plans Submittal— We will submit for comm entlapprovaI preliminary plans to the City. We will attend one preliminary field plan review to go over preliminary comments. We will respond to one round of plan review comments and incorporate appropriate comments into the plans. Deliverable of Phase 2 ■ Preliminary Plans (refer to fee schedule for sheets to be submitted) • Preliminary Cost Estimate Phase 3:Ri ht of Way Task 3A. Right of Way Plans — After preliminary plan approval, we will prepare Right of Way plans per GDOT design guidelines. The Right of Way plans will include all required permanent Right of Way takes and all temporary construction easements. Task 3B. Right of Way Plans Submittal — We will submit Right of Way plans to the City for comments. We will incorporate comments from the City and request originating from the right of way procurement phase into the plans as necessary. Deliverable of Phase 3 • Right -of -Way Plans • Out files for Right -of -Way acquisition Phase 4: 90% Submittal Task 4A. 90% Design Plans and Cost Estimate — After preliminary pians approval, we will 90% plans that will be suitable for construction. We will also update the construction cost estimate. Task 4B. 90% Design Plans Submittal — We will submit for comment/approval 90% plans to the City. We will respond to one round of comments and incorporate changes as necessary into the plans. We will also meet with the City to review 90% plan comments. We will submit all electronic document files. Deliverable of Phase 4 • 90% Plans (refer to fee schedule for sheets to be submitted) ■ 90% Cost Estimate Phase 5: Bid Plans Task 5A. Assist in Bid Phase - Pond will assist the City during the Bid phase by preparing necessary special provisions, opinion of probable cost, attend pre-bid phase meeting. Task 5B. Cost Estimate — POIND will prepare an opinion of probable cost for the construction. Deliverable of Prase 5 • Bid Pians (Signed and Sealed Construction Plans with required Special Provisions if necessary) ■ Final Opinion of Pro battle Cost Phase 6: Construction Phase Services Task 6A. Respond to RFIs — During the bidding and construction process, we will respond in writing to the contractors request for information. Task 68, Fre-Construction Meeting — we will prepare for and attend the pre -construction meeting to answer questions and to make sure that the contractor fully understands the scope and nature of this project. Task 6C. Construction ❑bservation/Punch List — We will assist the City during the construction phase by periodically visiting the site during construction to observe that the design intent is being executed. Phase 7: Miscellaneous Services Task 7A. 3D Renderings for Crabapple Connector — This tasks includes work already performed which included preparing 3D renderings for the Crabapple Connector. Task 76, Miscellaneous Services — This task is to be used for items that are out of scope and not identified in the above. A written scope and estimated budget will be provided for approval. Schedule Pond has estimated that all tasks above will he completed within 9 months from notice to proceed (See attached schedule). ASSUMPTIONS Services or tasks not specifically outlined above are excluded. Right-of-way acquisition, right-of-way staking, M54 design, landscaping design, lighting design, and SUE services are not included. Depending on the final limits of the project, additional survey may be required. PROFESSIONAL FEES: Pond proposes to accomplish the Work of Phases 1 through 5 for a lump sum fee of $178,950.00. Phase 6 (Construction Phase Services) will be billed at an hourly rate (per the fee schedule attached) not to exceed $10,565. Phase 7 (Miscellaneous Services) is budgeted at 12,500; If this fee and scope is acceptable, Pond & Company is available to begin work immediately. If you would like us to discuss or modifythe scope please contact us. If you need any additional information, please feel free to contact me at (678)336-7740. Sincerely, POND & COMPANY Peter Hortman Transportation Program Manager Attachments: Figure 1. Concept Figure 2. Schedule Figure 3. Fee Schedule No Text m RFme O—&. j5mm 1Flnlsh —vs* 1 PROTECT NICK OFF 0 days --1Fr1EueYen Mon 117119 Mon 117119 2 PHASE I: CIATASASE PREPARATION 2n days Tae 1/41119 Mon 714/19 3 PROPERTY & TOPOGRAPHIC SURVEY 2D days Tut 1/6119 Mon 214119 1 4 MEETING WITH BETHANY OAKS 0 days Mon 1121119 Mon 1121119 7 5 PHASE 2: PRELIMINARY PIAN5 76days Tue IIIc/19 Tue 4/36119 6 DESIGN 46deys Tue 1115119 Tue 3119/19 7 DESIGN HO WONTAL ALR LAMENT 5 days Tue 1/15119 Mon 1/21/19 1FSr1 wk 41 DESiCR VE RTIC4L AUG HME Hi 5 drys TV. 2/5/19 Man 011119 3 9 DESIGN SIGNING AND MARKING PLANS 5 days Tue 1122119 Mon 1128/19 7 10 DESIGN CROSS SECTIONS 8 days Eve 2/12119 Thu 2/21/19 9 11 DESIGN WALL ENVELOPES 3 days Fri 2/22119 Tue 2126119 10 12 DESIGN DRAINAGE SySTEMs 20daw Fd 2177119 Thu 3/7119 10 13 DESIGN STAGING PIANS 10deys Wed 2/27/19 Tue 3117119 11 14 DESIGN EROSION CONTROL PLANS 5 days Wrd 3113119 Tue 3119/19 13 15 BEGIN PLANS PRODUCTION 22 days Mon 3/4119 Wed 4/3119 16 SEI UP PLAN SET SHEETS 22 days Bon 314119 Wed 413119 eF5-25% 17 DRAINAGE REPORT/HYDRO ANALY515 2 days Fri 316/19 Mon 3111119 12 141 COST ESTIMATING 10days Wed 3120119 Tue 412119 6 19 UTIIFFY COOROINATKIN - FIRST SVBMI YTAL 20days Thu 1124119 Wed 2/70/19 7F5F2 days 211 (1N4e 5 days Wed 413119 Tve 4/9/19 19 23 SUBMIT PRELIMS TO CT' FOR REVIEW 0 days Tve 419119 Tut 419/19 20 22—� CLAY REVIEWS PRELIM PIANS IS days Wed 4/10119 Tue 4/WI9 21 23 PHASE 3:RIGHT OF WAY PLANS In days Wed 5/1119 Thu 1/9/20 2¢ ADDRESS COMMENTS FROM CITY 5 days Wed 511119 Tue 517119 22 25 PREPARE R/W PLANS & TABLES 7 days Wed 518119 Thu 5116119 74 26 SU BMR RIGHT OF WAY PLANS FOR APPROVAL 9 days Thu 5116/19 Thu 5111119 25 7I R/W PLAN REVIEW (CITY) 10deys Fd 5117119 Thu 5130/19 26 28 R/W PLAN APPROVAL 0 days Thu 5130119 Thu 5130/19 Z7 79 R/W ACgU1SITION 6 mons FA 5171/19 Thn 119120 26 30 PHASE 4t 90% PLANS 72 days Wed 5/9119 Thus/15/19 31 INCORPORATE CITY COMMENTS INTO PLANS 10days Fri 5117119 Thu 5130119 25 37 FINAL PLANS PREPARMN 3Dday1 Fri 5131119 Thu 7111119 31 33 UTILITYCOORDINATION- SECOND SU BMTTTAL 2Ddays Wed 5/8/19 Tue 6/4/19 2ISS420480 31 COST ESTIMATING 5 days FA 7112119 Thu 7113119 37 ]5 CWCK 5 days FA 7119119 Thu 7125/19 34 36 WEIMIT 90% PLANS TO CITY 0 days Thu 7/75119 Thu 7175/19 35 37 CITY RENEWS FINAL PIANS 15,4143 Fd 7/26/!g Thu x115119 3S 33 PHASE 5- BID PIANS ANDCONSTRUCTION PHASE 21 days FrI41/16/19 FN 9113119 39 PREPARE BID PACKAGE/ SPMAL PROVISIONS 23 days Fd 41/16119 FT49/I3119 37 40 SUBMITBID PACKAGE (I dap fil9(1A19 F49/13119 39 T -A Prn)wf Betlany bend Proiecl Sch spla WIN: Fd 111]0118 M46s1nne Summery Proicd sumrMry W.-ITar6 • ExW-iMllnw- �� Ince Uae Task 7,'39 May 17,'19�1uA 16,'19 j1W 71,'19 Au4125,'19 � Sep 79, .19 Nmr;'M I As 16 45 5/16 i •;7175 �1 Ijrax�l�141 9/1a 1 Ine by M.leswne Manu) Summary WIup oeadlN + InaelreS—y Mmnud Summrry r -------- t Frog— — M—ITWI 1 TR owalla -ordy 11nuh-on1y 7 Irz I As 16 45 5/16 i •;7175 �1 Ijrax�l�141 9/1a 1 Ine by M.leswne Manu) Summary WIup oeadlN + InaelreS—y Mmnud Summrry r -------- t Frog— — M—ITWI 1 I Slav -only L M --I Frog— — owalla -ordy 11nuh-on1y 7 City of Milton Hopewell Road at Bethany Bend and Bethany Way Intersection Improvements SUMMARY BY PHASE COST AMOUNT OF CONTRACT PROPOSAL. 11130/2018 COST Phase 1 - Database Preparation $9,495 Phase 2 - Preliminary Design $81,010 Phase 3 - Right of Way Design $20,150 Phase 4 - 90% Design $5$,175 Phase 5 - Bid Plans $10,120 TOTAL DESIGN COST $178,954 Phase 6 - Construction Phase Services {to be approved) $10,565 Phase 7 - Miscellaneous Services oto be approved) $12,500 ADDITONAL PHASE COST $23,665 TOTAL PROJECT COST $202,015 city of M111an PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 1 - Database Preparation PERSONNEL EST. HOURS RATE COST TOTALS PRINCIPAL 1 $265.00 $265 PROJECT MANAGER 4 $175.00 $700 PROJECT ENGINEER 4 $130.00 $520 TRANSPORTATION DESIGN ENGINEER 4 $100.00 $400 CADTECHNICIAN 0 $90.00 $0 TRAFFIC ENGINEER 0 $100.00 $0 CLERICAL 0 $60.00 $0 $1,885 TOTAL DIRECT LABOR 13 Manhours $1,885 DIRECT COSTS (SPECIFY): PHOTOGRAPHY & VIDEO $0 REPRODUCTION $0 SUPPLIES $0 TRAVEL $110 MAIL & DELIVERY SUBCONSULTANTS (LIST)' ROCHESTER & ASSOCIATES $7,500 (SURVEY UPDATE & ENHANCEMENTS) OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $7,610 COST AMOUNT FOR PHASE $9,495 City of Milton PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase T - Database Preparation e�dwork���oo��■�o . ao©eeee® ■ ■ t .. City of Milton PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 2 - Preliminary Design PERSONNEL ESr. HOURS RATE COST TOTALS PRINCIPAL 10 $265.00 $2,650 PROJECT MANAGER 78 $175.00 $13,650 PROJECT ENGINEER 130 $130-00 $16,900 TRANSPORTATION DESIGN ENGINEER 372 $100.00 $37,200 CAD TECHNICIAN 110 $90.00 $9,900 TRAFFIC ENGINEER 0 $100.00 $0 CLERICAL 6 $60.00 $360 $80,660 TOTAL DIRECT LABOR 708 Manhours $80,660 DIRECT COSTS (SPECIFY): PHOTOGRAPHY & VIDEO $0 REPRODUCTION $2110 SUPPLIES $0 TRAVEL $150 MAIL & DELIVERY SUBCONSULTANTS (LIST): OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $350 COST AMOLNT FOR PHASE $81,410 City of Milton PROJECT: Hopewell Read at Bethany Bend and Bethany Way Phase 2 - Prellminary Design TASKS No. of SHT PRINC. rROJ. MAN. SEN. PrtOa. ENG. TRANS. UES. ENO. CAC TECH. TRAF. ENG. CLER. TOTAL %of TOTAL Design Horizontal Alignment 2 8 30 40 5.7% Vertical Alignment 2 8 20 30 4.3% Skining and Marking 2 3 12 17 2.4% Cross Sections 4 8 40 52 7.4% Wall Envelopes 2 4 8 14 2.0% Drainage Systems 4 10 40 54 7.7% Staging 4 8 24 36 5.2% Erasion Control 2 a is 26 3.7% Roundabout Grading 6 16 22 3.2% Orawln s Cover 1 1 1 4 6 0.9% Index 1 2 2 0.3% General Nates 1 1 2 3 0.4% Typical Sections 3 2 4 12 19 2.6% Summa of Quantites 1 Construction Plans 5 1 12 16 29 4.2% Mainline Profile 3 4 8 6 18 2.6% Slderoad Profiles 3 2 8 6 16 2.3% Driveway Profiles 1 1 6 2 9 1.39% Staging Plans 6 4 12 10 26 3.7% SpediEl GradiN 1 1 4 2 7 1,0% Drainage Profiles 4 8 8 6 22 3.2% Cross Sections 8 2 8 8 18 2.6°% Utility Plans 6 1 10 6 17 2.4% Retaining Walls Plans 1 2 2 2 6 0.9% Signing and Marking Pians 5 2 8 8 18 2.6% Erosion Control Plans 27 4 8 16 28 4.0% Non -Drawing Tasks Coordinalion Wlh Util l Provlders 4 8 24 36 5.20% Cosi Estimate 4 8 32 44 6.3°1 Quality Control Reviews 2 16 8 10 36 5.2% Pro ect Man a emsnt 6 24 30 4.3% City of Milton Meetings 2 8 8 18 2.6°% Printing 2 6 TOTALS 10 78 130 372 110 0 6 698 100.0% City of Milton PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 3 - Right of Way Design PERSONNEL FSI -HOURS RATE COST TOTALS PRINCIPAL 4 $255.00 $1,060 PROJECT MANAGER 16 $175.00 S2,800 PROJECT ENGINEER 39 $130.00 $5,070 TRANSPORTATION DESIGN ENGINEER 76 $100.00 $7,600 CAD TECHNICIAN 34 $90.00 S3,060 TRAFFIC ENGINEER 0 $100.00 $0 CLERICAL 6 $60.00 $360 $19,950 TOTAL DIRECT LABOR 175 Manhours $19,950 DIRECT COSTS (SPECIFY). PHOTOGRAPHY & VIDEO so REPRODUCTION $200 SUPPLIES $0 TRAVEL $0 MAIL & DELIVERY SUBCONSULTANTS (LIST): OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $200 COST AMOUNT FOR PHASE $20,150 City of Milton PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 3 - Right o1 Way Design Non -Drawing Tasks Qu at Ity Control Reviews Project Management Printing & Admin.Incorporate Comments from City Prepare RDatabase City of Milton PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 4 - 90% Design PERSONNEL EST, HOURS RATE CAST TOTALS PRINCIPAL 12 $265.00 $3,180 PROJECT MANAGER 69 $175.00 $12,075 PROJECT ENGINEER 98 $130.00 $12,740 TRANSPORTATION DESIGN ENGINEER 172 $100.00 $17,200 CAD TECHNICIAN 134 $90.00 $12,060 TRAFFIC ENGINEER 0 $100.00 $0 CLERICAL 6 $60.00 $360 $57,615 TOTAL DIRECT LABOR 491 Manhours $57,615 DIRECT COSTS (SPECIFY): PHOTOGRAPHY & VIDEO $0 REPRODUCTION $500 SUPPLIES $0 TRAVEL $60 MAIL & DELIVERY SUBCONSULTANTS JLIST): OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $560 COST AMOUNT FOR PHASE $58,175 City of Nllltan PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 4 - 90% Design TASKS No. or SHT PR7Nc, PRaJ. MAN. SEN. PROD- ENG, TRANS. DES.ENG. CAO TR4F. TECH. ENG. CLER TOTA[ % TOTAL Design Drawings Cover 1 1 1 2 0.4% Index 1 1 1 0.2°% General Notes 1 1 1 0.2°% TypIcal Sections 3 1 3 4 1 0.8% Summary of Cluand las 1 2 2 6 8 18 3.7°% Construction Layout 5 1 2 3 0.6°% Construction Plans 3 1 2 4 16 24 46 9.4°% Mainline Profile 3 1 2 6 4 13 2.6% Sideroad Profiles 3 1 2 4 4 11 2.2% Or'jvcway Profiles 6 1 i 2 6 j 10 2.0% StagingSwging Plans 1 2 6 a 16 32 6.5% S ealal Grading 4 1 2 4 a 15 3.1% Drainage Profiles/Drainage Desf n a 2 8 16 16 42 8.6% Cross Sections 8 5 8 a 21 4.3% utillty Plans 1 2 1 4 6 13 2.6% Signing and Marking Plans 5 1 2 4 6 13 2.6°% Erosion Control Plans/Staging Plans 27 2 5 16 16 39 7.9% Non -Drawing Tasks Coordination vlth Ubl Providers 4 12 16 3.3%, Cost Estimate 4 6 20 30 6.1% Quality Control Reviews 4 16 8 28 5.7% Project Management 6 16 22 4.5% Printing & Admin. 1 1 6 6 13 2.6% Incorporate Comments from Otty 8 28 32 12 80 16.3°% C, of Milton Meetings 2 8 a is 3.7% TOTALS 12 69 98 172 134 0 6 491 1tl0.0% City of Milton PROJECT: Hopewell Road at Bethany Bend and Bethany Way Phase 5 - Bld Plans PERSONNEL EST. HOURS RATE COST TOTALS PRINCIPAL 1 $265.00 $265 PROJECT MANAGER 23 5175.00 $4,025 PROJECT ENGINEER 14 $130.00 $1,820 TRANSPORTATION DESIGN ENGINEER 36 $100.00 $3,800 CADTECHNICIAN 4 $90.00 $360 TRAFFIC ENGINEER 0 $100.00 $0 CLERICAL 0 $60.00 $0 $10,470 TOTAL DIRECT LABOR 78 Manhours $10,070 DIRECT COSTS (SPECIFY): PHOTOGRAPHY & VI DEC $tl REPRODUCTION $0 SUPPLIES $0 TRAVEL $50 MAIL & DELIVERY $0 SUBCO NSU LTANTS (LIST): OTHER DIRECT COSTS LIST): TOTAL DIRECT COSTS $50 COST AMOUNT FOR PHASE $10.120 City of Milton PROJECT. Hopewell Road at Bethany Bend and Bethany Way Phase 5 - Bid Plans Sum ma ry of Qu and a [Constructlon Layout Construction Plans Driveway Profiles - .: mammmmmmm; Prepare :..:: mma©mmmmms� .. , .. -. , - mm©oommmm mmmmmm■■�m�� City of Milton PROJECT: Hopewell Road at Belhany Bend and Bethany Way Phase 6 - Construction Phase Services PERSONNEL EST. HOURS RATE COST TOTALS PRINCIPAL 1 $265.00 $265 PROJECT MANAGER 16 $175.00 S2,800 PROJECT ENGINEER 10 $130.04 $1,300 TRANSPORTATION DESIGN ENGINEER 62 $100.00 $6,200 CAD TECHNICIAN 0 $90.00 $0 TRAFFIC ENGINEER 0 $100.00 $0 CLERICAL 0 $60.00 $0 $10,665 TOTAL DIRECT LABOR 89 Manhours $10,565 DIRECT COSTS [SPECIFY]; PHOTOGRAPHY & VIDEO $0 REPRODUCTION $0 SUPPLIES 54 TRAVEL $0 MAIL & DELIVERY $0 SUBCONSULTANTS (LIST): OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $0 COST AMOUNT FOR PHASE $10,565 City of Milton PROJECT: I•fcp®well Road at Belh any Band and Bethany Way Phase 6 - Construrtlon Phase Services Erosion Control Plans/Staging Plans Pre -Con Meeting City of Milton PROJECT: Hopewell Road a[ Bethany Bend and Bethany Way Phase 7 - Miscellaneous Services PERSONNEL EST. HOURS RATE COST TOTALS PRINCIPAL 0 $265.00 $0 PROJECT MANAGER 0 $175.00 $6 PROJECT ENGINEER 0 $130.00 $0 TRANSPORTATION DESIGN ENGINEER 25 $100.00 $2,590 CADTECHNICIAN 0 $90.00 $0 TRAFFIC ENGINEER 0 $1Wm $0 CLERICAL 0 $60A0 $0 $2,500 TOTAL DIRECT LABOR 25 Manhours $1,500 DIRECT COSTS (SPECIFY): PHOTOGRAPHY & VIDEO $0 REPRODUCTION $0 SUPPLIES $9 TRAVEL $0 MAIL & DELIVERY SO MISCELLANEOUS SERVICES $10,000 SUBCONSULTANTS (LIST): OTHER DIRECT COSTS (LIST): TOTAL DIRECT COSTS $19,000 COST AMOUNT FOR PHASE $11.500 City of Milton PROJECT: Hopewell Road at Bethany Send and Bethany Way Phase l - Miscellaneous Services JIM MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 11, 2018 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ()-NO CITY ATTORNEY REVIEW REQUIRED: (J YES 040 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ; LI I'II Z`+ 6 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info4cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on December 11, 2018 for the December 17, 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 Lui Investment Partners minor plat described herein consists of a 5.964 acre parcel located at 13933 Highway 9. A CVS is currently located on the parcel, which is to be subdivided into 2 lots to separate the vacant land from the CVS site. The size of the lots range from 2.68 acres to 3.245 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 4 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Lui Investment Partners LL 831 13933 Highway 9 Minor Plat 2 lots 5.964 .33 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 rA TO: FROM: MItTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 10, 2018 Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Men's Fall C-1 Milton's Tennis Center Atlanta Lawn Tennis Association (ALTA) City Champions Day. MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES KNO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: i tel' -7i Z6''I () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.u5 0000 Men’s Fall C-1 Milton’s Tennis Center Atlanta Lawn Tennis Association (ALTA) City Champions Day WHEREAS, The Atlanta Lawn Tennis Association (ALTA) is an internationally recognized organization supporting 80,000 members who play recreational tennis throughout the Metro Atlanta area; and WHEREAS, During its’ inaugural year of ownership by the city, Milton’s Tennis Center Men’s Fall C-1 ALTA team won both the Division title and City Championship; and WHEREAS, The team captained by Tom Driscoll and Jeff Jensen, secured an 86% winning percentage during the season winning 30 of their 35 matches; and WHEREAS, The team won four hard fought playoff matches to capture the City Championship; and WHEREAS, This group of men have played together for nearly two decades at this location; and WHEREAS, The team is coached by Terre O’Brien, a former touring professional and certified USTA instructor; and WHEREAS, This title represents the first championship won by a team playing for the newly purchased facility and the 25th city championship secured by Coach O’Brien. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, December 17th as “Men’s Fall 2018 C-1 ALTA City Champions Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 17th day of December, 2018. _________________________________ Joe Lockwood, Mayor MILTON% ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: December 12, 2018 Steven Krokoff, City Manage<2 Consideration of an Ordinance to Revise Chapter 32, Section 32-113 (Theft by Shoplifting.) Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ,'APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,k�ES () NO CITY ATTORNEY REVIEW REQUIRED: (,),-YES () NO APPROVAL BY CITY ATTORNEY: (q --APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: /Zji-2IZeI5 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Page 1 of 2 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on December 12, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Revise Chapter 32, Section 32- 113 (Theft by Shoplifting). _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This is an update to Chapter 32 of the City of Milton Ordinances. This update adds the offense of Theft by Shoplifting. Year to date, the Milton Police Department has responded to 233 larceny calls. Of those 233, 53 percent (124 calls) were determined to be Theft by Shoplifting. Until recently, the department typically charged offenders under the state code for shoplifting. In November 2017, the department began a pilot program that directs officers to charge lower level larceny offenders on a city charge of Disorderly Conduct (DC), as one element of DC is theft of property. Early indications are that this approach will sustainably save valuable officer time, as often these matters may be handled with a citation or, at least, a less time-consuming approach of reporting and/or drawing warrants. This also allows more discretion for officers, especially when dealing with especially youthful or otherwise cooperative offenders. While the new policy is showing benefit, the process could be further improved by the enactment of a city Theft by Shoplifting ordinance. When offenders are charged with a state code violation, they may opt to have their cases remanded to state court where the charges very likely could be reduced or dismissed. Also, currently, if a case were to be bound over to state court, the charge would logically align with the state’s disorderly conduct charge, which has no theft element. This misalignment puts these cases at further risk of being dismissed or the charges lowered. This also runs counter to the state law that reclassifies all shoplifting charges to the felony (more serious) category after three convictions. If the city were to enact a specific ordinance for shoplifting, there would be less opportunity for these cases to be dismissed or for the offender to plead to a different charge other than shoplifting. Staff feels that this approach would also free up finite police resources and Page 2 of 2 allow more opportunity for the city’s municipal court to maintain more direct control over these cases. This would also have the added benefit of coalescing with the city’s diversion programs and other avenues for the adjudication of these cases. Funding and Fiscal Impact: Thus far, the utilization of city charges for shoplifting cases has not appreciably impacted officer overtime nor has it caused an undue strain on the Milton Municipal Court. There are no other significant negative fiscal impacts anticipated. Alternatives: Continue to charge offenders on the state Theft by Shoplifting charge or the Milton City Ordinance of Disorderly Conduct. Legal Review: Molly Esswein, Jarrard and Davis, November 16, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE CHAPTER 32, SECTION 32-113 - THEFT BY SHOPLIFTING The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 7th day of January, 2019 at 6:00 p.m., as follows: SECTION 1. Pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to provide for the general health, safety, and welfare; and, SECTION 2. The City desires to update Section 32-113 – Theft by Shoplifting; and SECTION 3. Pursuant to the authorization in Chapter 32 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” SECTION 4. All ordinances, parts of ordinances, or regulations in conflict herewith are Repealed; and SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this 7th day of January, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk 2 EXHIBIT A DIVISION 5. - MISCELLANEOUS VIOLATIONS Sec. 32-108. - Treasure hunts. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Treasure hunt. (1) The term "treasure hunt" means advertising campaigns conducted for the purpose of promoting the sale of any merchandise, commodity or service of any business or profession conducted for private or corporate gain, whereby some article, thing or token is hidden within the corporate city limits and clues as to the locations of such article, thing or token are given by any form of advertising, either by newspaper, radio or television or in any other manner. (2) The term "treasure hunt" does not include private social parties involving no element of commerce or gain. (b) Prohibited. It shall be unlawful for any person to conduct or aid and abet in the conducting of any treasure hunt within the corporate city limits. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 5), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 5), 4- 19-2007) Sec. 32-109. - Moving household goods at night. It shall be unlawful for any person to move or transport household goods and furnishings fro m one place of residence to another between the hours of sunset and sunrise without first having obtained a permit to do so from the police chief. All applications for permits shall be filed more than 24 hours prior to the time of actual moving, together with the permit fee as specified in the city fee schedule. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 6), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 6), 4- 19-2007) Sec. 32-110. - Residential picketing. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Picket or picketing means: (1) To patrol or station oneself at a residence, bearing some insignia or sign designed to persuade or protest; (2) Staging a public or private protest of any kind; (3) Obstructing passage to or from a residence; or (4) Promoting a strike or a boycott at an individual residence. (b) Prohibited. It shall be unlawful for any person to picket or engage in picketing upon, before or about the private residence or home of any individual. 3 (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 7), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 7), 4- 19-2007) State Law reference— Unlawful assembly, O.C.G.A. § 16-11-33; inciting to riot, O.C.G.A. § 16- 11-31. Sec. 32-111. - False representations to police or any city department. It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either on such person's own behalf or on behalf of others, as principal or as agent, to make or file orally or in writing any false representations of fact to any city police officer or to any department of the city government. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 8), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 8), 4- 19-2007) Sec. 32-112. - Day labor prohibitions. It shall be unlawful for any person to: (1) Pick up or hire day laborers on private property without the permission of the property owner; or (2) Assemble on private property for the purpose of soliciting work as a day laborer without the permission of the property owner and after having been directed to cease such action by the property owner or other lawful authority. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 9), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 9), 4- 19-2007) Sec. 32-113. – Theft by Shoplifting (a) Generally. It shall be unlawful for any person to commit the offense of Theft by Shoplifting, as defined below, within the corporate limits of the city when the property that is the subject of the theft is $300.00 or less in value. (b) Defined. An individual commits the offense of Theft by Shoplifting, when such individual, acting alone or in concert with another person and with the intent of appropriating merchandise for that individual’s own use without paying for the same or to deprive the owner or lawful possessor of the value of the merchandise, either in whole or in part, commits any of the following acts: (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (2) Alters price tag or other price marking on goods or merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail establishment from one container to another; (4) Interchanges the label or price tag from one item of merchandise with a label o r price tag for another item of merchandise; or (5) Purposely causes the amount paid to be less than the merchant's stated price for the merchandise. (c) Violation. Any person found guilty of violating this section shall be subject to the following penalties: (1) First offense. A fine of not more than $250.00 or imprisonment for not more than 30 days, or both. (2) Second offense. A fine of not less than $250.00 or imprisonment for not less than 30 days, or both. (3) Third or subsequent offense. Any person charged with a third or subsequent offense under this section shall be punished as provided in O.C.G.A. § 16-8-14 in the court having jurisdiction in the county in which the alleged offense occurred. Any defendant charged under this section shall be entitled, upon request, to have the case against such person transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. Secs. 32-115—32-131. - Reserved. TO: FROM: MItTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 12, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Revise Chapter 32, Section 32-114 (Prohibition on sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes.) MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-KYES () NO CITY ATTORNEY REVIEW REQUIRED: (�ES () NO APPROVAL BY CITY ATTORNEY: (4 -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i ll' -7120's 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.u5 I WWW.city0fmilt0nga.u5 0000 Page 1 of 2 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on December 12, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Revise Chapter 32, Section 32- 114 (Prohibition on sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes.) _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This is an update to Chapter 32 of the City of Milton Ordinances. This update adds the offense of Prohibition on the Sale, Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated Marijuana Substitutes. Recently in our area, the use of marijuana substitutes has caused several of our city’s teens the need to seek urgent medical attention after ingestion. Though currently legal, these largely unregulated products, typically sold in convenience stores or vapor cigarette shops, contain ingredients that are known to be harmful. On July 19, 2018, the United States Food and Drug Administration (FDA) issued a warning related to these products. According the FDA: “There are a number of synthetic marijuana products being illegally marketed and used for their psychoactive effects. The FDA has previously worked with the Drug Enforcement Administration (DEA) to place several synthetic cannabinoids into Schedule I of the Controlled Substances Act to avoid an imminent hazard to public safety. Generally, these products have been known to be associated with adverse effects including rapid heart rate, vomiting, violent behavior and suicidal thoughts, and an increase in blood pressure, as well as causing reduced blood supply to the heart, kidney damage, and seizures. ( Retrieved from http://www.fda.gov/newsevents/ newsroom/pressannouncements/ucm614027.htm. Page 2 of 2 While, as the warning states, some of these products have been made illegal, manufacturers are known to frequently alter the ingredients minimally in order to circumvent governmental restrictions. The purpose of this ordinance change is to improve the general health, safety and welfare of our citizens by reducing the availability of any and all unregulated marijuana substitutes within our city. Funding and Fiscal Impact: None Alternatives: Do not prohibit the sale, use, manufacture, delivery, distribution, or possession of unregulated synthetic marijuana products within the city. Legal Review: Molly Esswein, Jarrard and Davis, November 16, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE CHAPTER 32, SECTION 32-114 – PROHIBITION ON SALE, MANUFACTURE, USE, DELIVERY, PURCHASE, POSSESSION OR DISTRIBUTION OF UNREGULATED MARIJUANA SUBSTITUTES The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the day 7th of January, 2019 at 6:00 p.m., as follows: SECTION 1. Pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to provide for the general health, safety, and welfare; and, SECTION 2. The City desires to update Section 32-114 – Prohibition on Sale, Manufacture, Use, Delivery, Purchase, Possession or Distribution of Unregulated Marijuana Substitutes; and SECTION 3. Pursuant to that authorization in Chapter 32 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as Exhibit A. SECTION 4. All ordinances, parts of ordinances, or regulations in conflict herewith are Repealed; and SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this 7th day of January, 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk 2 EXHIBIT A DIVISION 5. - MISCELLANEOUS VIOLATIONS Sec. 32-108. - Treasure hunts. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Treasure hunt. (1) The term "treasure hunt" means advertising campaigns conducted for the purpose of promoting the sale of any merchandise, commodity or service of any business or profession conducted for private or corporate gain, whereby some article, thing or token is hidden within the corporate city limits and clues as to the locations of such article, thing or token are given by any form of advertising, either by newspaper, radio or television or in any other manner. (2) The term "treasure hunt" does not include private social parties involving no element of commerce or gain. (b) Prohibited. It shall be unlawful for any person to conduct or aid and abet in the conducting of any treasure hunt within the corporate city limits. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 5), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 5), 4- 19-2007) Sec. 32-109. - Moving household goods at night. It shall be unlawful for any person to move or transport household goods and furnishings fro m one place of residence to another between the hours of sunset and sunrise without first having obtained a permit to do so from the police chief. All applications for permits shall be filed more than 24 hours prior to the time of actual moving, together with the permit fee as specified in the city fee schedule. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 6), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 6), 4- 19-2007) Sec. 32-110. - Residential picketing. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Picket or picketing means: (1) To patrol or station oneself at a residence, bearing some insignia or sign designed to persuade or protest; (2) Staging a public or private protest of any kind; (3) Obstructing passage to or from a residence; or (4) Promoting a strike or a boycott at an individual residence. (b) Prohibited. It shall be unlawful for any person to picket or engage in picketing upon, before or about the private residence or home of any individual. 3 (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 7), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 7), 4- 19-2007) State Law reference— Unlawful assembly, O.C.G.A. § 16-11-33; inciting to riot, O.C.G.A. § 16- 11-31. Sec. 32-111. - False representations to police or any city department. It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either on such person's own behalf or on behalf of others, as principal or as agent, to make or file orally or in writing any false representations of fact to any city police officer or to any department of the city government. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 8), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 8), 4- 19-2007) Sec. 32-112. - Day labor prohibitions. It shall be unlawful for any person to: (1) Pick up or hire day laborers on private property without the permission of the property owner; or (2) Assemble on private property for the purpose of soliciting work as a day laborer without the permission of the property owner and after having been directed to cease such action by the property owner or other lawful authority. (Ord. No. 06-11-16, § 1(ch. 12, art. 6, § 9), 11-21-2006; Ord. No. 07-04-23, § 1(ch. 12, art. 6, § 9), 4- 19-2007) Sec. 32-114. - Prohibition on the sale, manufacture, use, delivery, purchase, possession or distribution of unregulated marijuana substitutes. (a) Definitions. The following words as used in this section shall have the following prescribed meaning: (1)Unregulated marijuana substitutes shall mean and refer to any compounds or substances, whether described as tobacco herbs, incense spice, aromatherapy incense, bath salts, potpourri, herbal smoking blends, plant food, aromatic substance that may cause a sense of euphoria, novelty aromatic, or any blend thereof, regardless of whether the compound or substance is marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human consumption, that: a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia law, (including but not limited to the following Georgia laws: O.C.G.A. § 16-13- 25, any amendments to O.C.G.A. § 16-13-25 including the 2012 Act of the Georgia General Assembly known as "Chase's Law", and the emergency rule of the Georgia State Board of Pharmacy enacted on June 12, 2012 declaring five specific additional compounds as "synthetic cannabinoids" that are Schedule 1 controlled substances under Georgia law); b. Is privately compounded, with the specific intent to circumvent the criminal penalties for synthetic cannabinoids under Georgia law; and c. Emulate, simulate or mimic the effects of marijuana or synthetic cannabinoids through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent. (2) Unregulated opiate substitutes shall mean and refer to any compound or substance, whether synthetic or naturally occurring, regardless of whether the compound or substance is marketed for the purpose of being smoked, injected, inhaled or ingested by humans or for human consumption, that: a. Is not currently or hereinafter regulated as a Schedule 1 controlled substance under Georgia law (including, but not limited to, O.C.G.A. § 16-13-25 and any amendments to O.C.G.A. § 16-13-25); b. Is marketed with the specific intent to circumvent the criminal penalties for opiates under Georgia law; and c. Emulates, simulates or mimics the effects of opiates by causing a sense of euphoria, heightened senses, relaxation, awareness, focused energy, improved memory, mood alteration or enhancement or hallucinogenic effect when taken at various doses. (3) Opiate shall mean and refer to that term as it is defined in O.C.G.A. § 16-13-21, including those substances that are specifically listed and identified as Schedule 1 controlled substances under 5 O.C.G.A. § 16-13-25(1) and 16-13-25(2), any amendments thereto, or any other Code Section of the Official Code of Georgia. (4) Synthetic cannabinoids shall mean and refer to those certain compounds or substances (also commonly known or referred to in general as "Spice" or "K2") that mimic, emulate or simulate the effects of marijuana or the active ingredient in marijuana (Tetrahydrocannabinol) that are specifically listed and identified as Schedule 1 controlled substances under O.C.G.A. §§ 16-13- 25(3) and 16-13-25(12), any amendments thereto, or any other Code Section of the Official Code of Georgia. (5) Substituent shall mean an atom or group that replaces another atom or group in a molecule. (6) Radical shall mean and refer to a group of atoms that enters into and goes out of chemical combination without change and that forms one of the fundamental constituents of a molecule. (7) Person shall mean and refer to any individual, natural person, partnership, firm, corporation, joint venture, proprietorship, business entity, association, agency, group, organization or group of persons or any other entity. (b) It shall be unlawful for any person to use, sell, give, manufacture with intent to sell, possess, purchase, deliver, transport or distribute any unregulated marijuana substitutes or any unregulated opiate substitutes within the limits of the City of Milton. (c) Any person violating this section as it exists or may be amended, upon conviction, shall be punished by the imposition of a fine not to exceed $1,000.00, by imprisonment for a period of time not to exceed 60 days, or by both such fine and imprisonment. Each day any violation of this section shall continue shall constitute a separate offense. (d) A person convicted of violating this section is also subject to the revocation of the privilege of operating a business within the limits of the City of Milton. Secs. 32-115—32-131. - Reserved. TO: FROM: M I LTO N*t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 10, 2018 Steven Krokoff, City Manager�� AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (,ANO CITY ATTORNEY REVIEW REQUIRED: (J YES (-r 'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: r 2-11 -7l c l`o 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Teresa Stickels, Conservation Projects Manager Date: Submitted on November 27, 2018 for the December 3, 2018 Regular Council Meeting for First Presentation and December 17, 2018 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance approving and establishing the regulation of solid waste collection services within the City of Milton and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. No changes to the ordinance are requested. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of permitted haulers: Advanced Disposal American Disposal Arrow Waste Custom Disposal Grogan Disposal GW Lovelace Henry Edward Kincaid M&M Waste Republic Services Sanitation Solutions Waste Management Waste Pro Page 2 of 2 Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross receipts. As of November 2018 the revenue collected was $124,720.47. This includes the FY18 third quarter payments which were due November 15, 2018. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: n/a Concurrent Review: Steve Krokoff, City Manager Carter Lucas, Community Development Director Attachment(s): Solid Waste Ordinance Chapter 46 - SOLID WASTE[1] Footnotes: --- (1) --- State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36 -1- 16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as def ined in this chapter, which have been approved by the company for use by both residential and commercial customers. Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approve d by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or great er than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafte r promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resource s, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all customers for services rendered under authority of this chapter as a result of charges for se rvice. Gross receipts shall not include the infrastructure maintenance fee identified in this chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without lim itation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016 Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-3. - Collection fees. All fees are listed in section 46-70, contract and rental fees. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Secs. 46-5—46-23. - Reserved. ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the sit e. (d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 14-11-228, § 1, 11-17-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One year in length" to "Term." Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residenti al, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged t o use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitat ions set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the plac ement of residential collectibles at the curb the night before pick -up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoi d excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights -of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from its customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and follo wed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regardin g this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such bo undaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the f ifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payme nt being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being p ayment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide m aterial relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month begin ning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state rep orting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specificatio ns contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, offi cers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all r easonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70; (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or offic e shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and iss ues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to b e mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exc lude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the compan y was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or conveyance by company." Sec. 46-95. - Foreclosure. Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company shall apply. Upon the foreclosure or judicial sale, or the l easing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the council, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this artic le during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and requ est for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: _____ By: _____ Printed Name: _____ Title: _____ (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21- 2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2- 2013; Ord. No. 14-12-229, § 5(Exh. A), 12-1-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16- 2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from "Written acceptance of company required" to "Acceptance by company." Sec. 46-124. - Decal. Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City's solid waste ordinance. (Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17- 11-331 , § 5(Exh. A), 11-20-2017) TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 10, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use Either Ordinance. MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,I IN CITY ATTORNEY REVIEW REQUIRED: () YES (4440 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ► ,11,7/ z i is 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: Michele McIntosh-Ross, Principal Planner Date: Submitted on November 20, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Consideration to Amend the Milton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use Either Ordinance. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed edit to section 60-5.4 of the “Tree Canopy Conservation Ordinance” will extend the time that applicants may apply either the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance from December 3, 2018 to July 22, 2019; while staff and a team of stakeholders continue to work on additional edits to the ordinance. The adoption of the Amended Milton Tree Canopy Conservation Ordinance will replace the existing Chapter 60 - “Tree Canopy Conservation Ordinance”, with the Amended “Tree Canopy Conservation Ordinance” of the City code of ordinances. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager. Attachment(s): Tree Canopy Conservation Ordinance Ordinance to Amend the Ordinance STATE OF GEORGIA ORDINANCE ____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 60 -“TREE CANOPY CONSERVATION ORDINANCE” OF THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 17, 2018 6:00 p.m. as follows: SECTION 1. That Section 60-5.4 is hereby amended to change December 3, 2018 to July 22, 2019 in the City of Milton Code of Ordinances and is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of December, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ............................................................................................................................... 10 9. Specimen Trees ............................................................................................................................... 11 10. Heritage Trees ............................................................................................................................. 12 11. City of Milton Tree Species List ................................................................................................... 14 12. City Tree Management ............................................................................................................... 15 13. Hazardous Trees on Private Property ......................................................................................... 15 14. Variances ..................................................................................................................................... 15 15. Appeals ........................................................................................................................................ 16 16. Inspections .................................................................................................................................. 17 17. Enforcement ............................................................................................................................... 18 18. Notice of Violation ...................................................................................................................... 18 19. Stop Work Order ......................................................................................................................... 19 20. Fines and Penalties ..................................................................................................................... 20 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................20 21. Tree Canopy Management ......................................................................................................... 20 22. Tree Canopy Priorities ................................................................................................................. 20 23. Tree Canopy Cover Requirements .............................................................................................. 21 24. Tree Removal Permit .................................................................................................................. 21 25. Tree Canopy Replacement .......................................................................................................... 24 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................26 26. Tree Canopy Management ......................................................................................................... 26 27. Tree Canopy Priorities ................................................................................................................. 26 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page ii 28. Tree Canopy Plan ........................................................................................................................ 26 29. Tree Canopy Cover Requirements .............................................................................................. 30 30. Required Tree Locations ............................................................................................................. 34 31. Topped Trees .............................................................................................................................. 38 32. Minimum Landscape and Maintenance Requirements .............................................................. 38 33. Landscape Performance Bond .................................................................................................... 39 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 40 35. Alternative Compliance ............................................................................................................... 40 36. Tree Canopy Fund ....................................................................................................................... 42 37. Timber Harvesting ....................................................................................................................... 42 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 4.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the waiver will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the waiver will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 3 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or fede ral authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 5.4. The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until December 3July 22, 20198. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 4 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture , an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protec tion, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 5 properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 6 s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 fee t of and including a road, driveway, parking area, walkway, patio and other allowable impervious surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 7 dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 8 meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 9 disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 10 species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 11 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 12 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 13 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 14 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 15 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department . 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 16 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner . 14.6. The following factors shall be considered in evaluating the variance r equest: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 17 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 18 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 19 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid fu rther damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 20 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 21 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 22 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 23 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 24 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 25 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 26 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist, registered forester or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 27 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 28 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 29 28.13. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 30 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 31 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements sh all apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 32 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 33 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few t rees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 34 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 35 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arb orist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 36 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual , except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 37 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance . 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip . 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 38 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 39 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 40 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 41 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 35.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 42 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 Page 43 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. MILTON% ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: December 11, 2018 Steven Krokoff, City Manager 0,11. A Resolution to Name the Arboretum at Bell Memorial Park in Honor of Mark Law Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES ('kNO CITY ATTORNEY REVIEW REQUIRED: (J YES (J'NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 12-/; 717--o ``' 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.u5 0000 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO NAME THE ARBORETUM AT BELL MEMORIAL PARK IN HONOR OF MARK LAW WHEREAS, Milton City Arborist Mark Law has long sought to create an arboretum in our community, a place where members of the public can learn about the identification, maintenance, and care of trees; WHEREAS, Bell Memorial Park has been identified as a location of an arboretum for this purpose; WHEREAS, Mark Law has designed a multi-phased tree planting program for this arboretum; WHEREAS, the first phase of trees for the arboretum has been installed; WHEREAS, the arboretum will be officially opened in honor of Arbor Day 2019; NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that the arboretum at Bell Memorial Park be named the Mark Law Arboretum in honor and recognition of the work he has done to bring this vision to fruition. SO RESOLVED, this 17th day of December, 2018. _______________________________ Mayor, Joe Lockwood Attest: __________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: December 10, 2018 , Steven Krokoff, City ManagerO AGENDA ITEM: Consideration of a Lease Agreement between the City of Milton and Mr. Ron Landy for the Use of a Baseball Field Located at the Birmingham United Methodist Church. MEETING DATE: Monday, December 17, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES () NO CITY ATTORNEY REVIEW REQUIRED: (► YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR:��?(2`'" 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on December 3, 2018 for the December 17, 2018 Regular City Council Meeting Agenda Item: Consideration for Approval of a Lease Agreement between the City of Milton and Mr. Ron Landy for the Use of a Baseball Field Located at the Birmingham United Methodist Church _____________________________________________________________________________________ Project Description: This request is to approve a lease agreement for the use of a baseball field located at the Birmingham United Methodist Church (BUMC). The agreement is with Mr. Ron Landy, who is the primary lease holder with the BUMC Trustees. The lease will grant the City access to the field in an arrangement which is shared with Mr. Landy. We will be the only entity which Mr. Landy will offer a lease to. In addition to the lease, the City will make a series of small improvements to the parking area, the netting and other minor field improvements. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 100-6110-522310000 - $ 7,964 350-6110-541401401 - $15,950 Requisition Total: $25,000 Legal Review: Sam VanVolkenburgh, November 20, 2018 Financial Review: Bernadette Harvill, December 10, 2018 Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Baseball Facility Lease Between Mr. Ron Landy and the City of Milton Baseball Facility Lease Between Mr. Ron Landy and the City of Milton, Georgia This is a Lease Agreement (Agreement) between Mr. Ron Landy (Landy) and the City of Milton, Georgia, a municipal corporation of the State of Georgia acting by and through its Mayor and City Council (City). WHEREAS, Landy has entered into a lease with Birmingham United Methodist Church located at 15770 Birmingham Highway, Alpharetta, GA, 30004, for a baseball field located at that address including all buildings and structures on or directly adjacent to the baseball field (collectively, the Field): WHEREAS, Landy represents that he has leased the Field from BUMC for a term beginning no later than January 1, 2019, and ending no sooner than December 31, 2019 and has the right to sub -lease the Field to the City, WHEREAS, the City is empowered to lease real property pursuant to Section 1.12(21) of its Charter, desires to sub -lease the Field, and BUMC by its signature below, consents to the sub -lease of the Field to the City and to the other terms related to BUMC in this 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 hereto do mutually agree as follows: 1. PREMISES AND USE With BUMC's consent, Landy hereby leases the Field to the City for its use as scheduled in Exhibit C for the term of this Agreement, subject to the following restrictions: The City will use the Field for City- sponsored sports and recreation activities. The City will use the Field in compliance with any operating rules set by the BUMC that are provided to the City. The City will be responsible for scheduling activities at the Field, and use of the Field may be scheduled only for the hours of 5:00 pm - 10:00 pm on weeknights, 8:00 am - 10:00 pm on Saturdays and 1:00 pm - 10:00 pm on Sundays. No games or practices, formal or informal (to include batting cage use) will be scheduled to take place before 1:00 pm on Sundays. In addition, the Field shall be closed for Holy Week (Palm Sunday - Easter Sunday). Landy reserves the right to reasonably adjust this schedule with at least two weeks' advance notice to the City. The City shall establish and enforce reasonable restrictions on the conduct of coaches, players, parents and fans. The City shall prohibit tobacco products, alcohol, illegal drugs, and use of profanity at the Field. The City shall prohibit parking anywhere at the Field except in approved parking spaces. 2. CITY IMPROVEMENTS TO FIELD A. The City will re -design, add gravel and re -grade the existing parking lot directly adjacent to the Field, with the purpose of improving capacity. The City will also provide markers to designate "No Parking" at locations identified by Mr. Landy, similar in materials, size and structure, to those "No Parking" markers currently in use on and adjacent to the Field. This shall be completed by March 1, 2019. B. The City will provide and install base anchors at the locations desired by the City and will provide one set of new bases for the field prior to March 1, 2019. C. The City will assist with the tightening of the existing netting on the 1 st and 3rd base sides of the field. If the netting, poles, the support cables and/or any other components related to the netting are found to be in poor or unusable condition, the City will not be responsible for the replacement of any of these items. This shall be completed by March 1, 2019. D. The City will assist in the research of what remains of the irrigation system and will invest up to $5,000 in renovation of the system if it can be restored to a functional status. This shall be completed by March 1, 2019. E. The City will assist in the maintenance of the lighting system with the assistance limited to the replacement of bulbs, ballasts and light repositioning. Any other repairs to the lighting system wil'f be the responsibility of Landy or the BUMC. F. All improvements performed or provided by the City will become the property of the BUMC upon completion. 3. MAINTENANCE AND REPAIR A. Except as specifically provided in this Agreement, Landy shall be responsible for day-to-day maintenance and upkeep of the Field during this Agreement, including trash removal and hauling from trash bins. Except as specifically provided in this Agreement, Landy or BUMC shall be responsible for making any major repairs/replacements needed to the Field (over $500) including rebuilding any part of the Field damaged or destroyed in a casualty event. B. The City will be responsible for providing line marking material and equipment and marking the field for any City sanctioned activities at the Field. C. The City will provide a serviced portable toilet for the field between the months of February and November, inclusive. Landy will provide a pad for the safe placement of the portable toilet and any fencing or protective measures required by the BUMC. D. The City shall ensure normal baseball parent/fan related trash is picked up and properly discarded in trash bins at the end of each City -sponsored practice or game. There is a dumpster behind the church that can be used for such garbage and BUMC consents to the use of this dumpster for normal baseball parent/fan related trash. Any trash not reasonably included within the definition of "normal baseball parent/fan related trash" shall be removed from the property by the City at the City's expense at the time such trash is created. 4. UTILITIES The City shall not be responsible for paying the cost of utilities charged to the Field, including gas, telephone, water, sewer and power. 5. PARKING The City shall be entitled to use and, in connection with City -sponsored recreational activities, make available to the public free of charge, the parking area next to the Field. With prior written permission from Landy, the City may use the main church parking area if overflow parking is needed, provided that church use of such parking spaces will take precedence. 6. TAXES The City will not be liable for any cost in connection with real property taxes and/or assessments of any kind that are assessed against or in connection with the Field. The parties agree that the City's interest in the Field is a usufruct, not a term of years or other property interest. 7. TERM The initial term of this Agreement shall begin on January 1, 2019 (the Effective Date) and run until December 31, 2019. At the conclusion of the initial term and each anniversary thereafter, the Agreement shall automatically renew for up to four additional one-year terms (Jan. 1 - Dec. 31) unless one party provides notice of non- renewal to the other by September 30 of the preceding year. The Agreement will not extend by automatic renewal past December 31, 2023. 8. CONSIDERATION A. For use of the Field during the initial year of the Agreement, the City shall pay Landy a rental fee of $20,000. As for each subsequent annual term, in June of the preceding year a meeting will be held between Mr. Landy and a representative of the City to discuss the combination of rental fee escalation and/or City -funded capital improvements that will provide mutually acceptable compensation, provided that the rental fee shall never increase by more than 10% in one year. Landy will be responsible for obtaining BUMC approval of the compensation terms. B. The annual rental fee will be paid in full at lease commencement on January 1 of each lease year. If, as additional agreed-upon consideration, the City makes or pays for capital improvements to the Field, the City will maintain records of Field improvement expenditures and provide copies of such records to Landy upon request. The City will have no use of the field while any portion of the rental fee is outstanding. 9. TERMINATION A. Any party may terminate this Agreement for breach, provided that such termination may only occur if the breaching party is first provided notice of the breach and that party fails to cure within 14 days of receipt of notice. B. Any party may terminate this Agreement if, due to causes outside the terminating party's control, the Field no longer becomes suitable for its intended use or the primary purpose of this Agreement is defeated. Termination in this manner shall be preceded by at least 14 days' notice to the other parties. C. Any party may exercise the right to not renew the lease pursuant to Section 7 hereof. Such election to non -renew the lease shall be communicated between the parties no later than September 30 of the year preceding the lease year. D. If Landy chooses to exit his lease or defaults on his lease of the Field, the GUMC shall provide the City the first right of refusal for a direct lease of the Field with the BUMC on such terms as the parties may agree. 10. ASSIGNMENT AND SALE Except as specifically provided in this paragraph, none of the parties may assign its rights and obligations under this Agreement without the consent of the other parties, which consent shall not be unreasonably withheld. If BUMC or any subsequent owner of the Field should sell the Field, this lease shall continue in force as to the new owner, but only as to the then current one-year lease term. Landy may, without the consent of the City, assign his rights and obligations under this Agreement to a legal entity created to lease the Field from BUMC and sublease the Reid to the City, but no such assignment of this Agreement will be effective unless and until such legal entity is the rightful lessor of the Field from BUMC. 11. CONDITION OF PROPERTY Landy represents that, as of the Effective Date, the Field is suitable for recreational use by minors and that it contains no hidden defects or dangers (including pollution or environmental hazards) that should be disclosed to the City. 12. COMMUNICATIONS BETWEEN THE PARTIES Landy will manage all communication with the BUMC and its Board of Trustees, and will serve as the primary Lessor liaison for all Field -related issues. The City may directly contact BUMC in extenuating circumstances, such as extended non -responsiveness by Landy or for purposes of providing any formal notice required by this Agreement. All notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: The contact information for each of the parties is: City of Milton Attn: Parks and Recreation Director City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 Landy Ron Landy 3845 Homestead Ridge Drive Cumming, GA 30041 13. INSURANCE A copy of any formal notices required under this agreement shall also be sent to: Attn: City Manager City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 The City will provide a certificate of commercial general liability insurance to the Landy upon request. The limits of the coverage shall equal or exceed: $1,000,000 each occurrence and $2,000,000 aggregate. The insurance will cover all City activity at the Field. 14. NO PARTNERSHIP This Agreement is not intended to create a partnership or joint venture between the City and Landy or GUMC, or to create a principal -and -agent relationship between the City and Landy or BUMC. 15. NO WAIVER No waiver of any condition or agreement in this Agreement by any party will imply or constitute its further waiver of that or any other condition or agreement. 16. E -VERIFY Pursuant to O.C.G.A. § 13-10-91, in connection with the physical services provided by Landy under this Agreement, Landy shall provide to City one of the following: (1) Evidence on City -provided forms, attached hereto as Exhibits "A" and "B" (affidavits regarding compliance with the E -Verify program to be sworn under mg oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that Landy and any of his subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Landy provides evidence that he is not required to provide an affidavit because he is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) In accordance with O.C.G.A. § 13-10-91 (b)(5), if Landy currently has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement, Landy shall provide a copy of Landy's state issued driver's license or state issued identification card in lieu of providing an E -Verify affidavit. Landy hereby verifies that he has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to City, or provided City with evidence that he is an individual not required to provide such an affidavit because he is licensed and in good standing as noted in sub - subsection (2) above, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Landy hereby agrees to comply with the requirements - if applicable -- of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1- .02. In the event Landy employs or contracts with any subcontractor(s) in connection with the physical services provided under this Agreement, Landy agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "B", which subcontractor affidavit shall become part of the Landy/subcontractor agreement; or evidence that the subcontractor is not required to provide such an affidavit because he is an individual licensed and in good standing as noted in sub- subsection (2) above; or, in the case of a sole proprietor subcontractor, a copy of subcontractor's state issued driver's license or state issued identification card as noted in sub- subsection (3) above. Landy agrees to provide a completed copy of the above -required materials to City within five (5) business days of receipt from any subcontractor. Landy and Landy's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Landy agrees that the employee -number category designated below is applicable to Landy. 500 or more employees. 100 or more employees. Fewer than 100 employees. Landy hereby agrees that, in the event Landy employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Landy will secure from the subcontractors) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. 17. NON-DISCRIMINATION In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Landy agrees that, during performance of this Agreement, he, for himself, his assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Landy 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. 18. MISCELLANEOUS This Agreement sets forth all of the promises, agreements, conditions and understandings between the parties relative to the Field, and there are no other promises, agreements, conditions or understandings, either oral or written, between them. No subsequent modification, amendment, change or addition to this Agreement shall be binding unless reduced to writing and signed by the parties. The parties 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. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected, and in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision will be added as a part of this Agreement that is as similar to the illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. This Agreement will be governed by the law of the State of Georgia. Venue on any action arising out of this Agreement will be proper only in the Superior Court of the Fulton County. This Agreement may be executed in multiple counterparts each of which is deemed an original of equal dignity with the others and which is deemed one and the same instrument as the others. This Agreement shall be exclusively for the benefit of the parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, and cause of action or other right. 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. 19. AUTHORITY TO SIGN IM The individuals signing this Agreement covenant and declare that each has obtained all necessary approvals of its members, board of directors, board of trustees, or similar authorities to simultaneously execute and bind each represented party to the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective Date. [SIGNATURES ON FOLLOWING PAGE] Mt. Landy Attest/Witnes : t Print name: <"'z - CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: Sudie Gordon, City Clerk Approved as to form: City Attorney Consented to by: BIRMINGHAM UNITED METHODIST CHURCH BY: Name and Title: 2006 Heritage Walk W ton. GA 30004 P: 678.242.25001 F: 678.242.2499 infoGcityofmiltonga.us I www.cityofmiltonga.us 0000 Openusogebybothpa/ties-confirmedvia email or telephone. LANDY has priority February ~All Weeks Sunday Z:)OPK4-3:38PKq Landy Sunday 4:OUPM-6:08PM HYA Sunday 6:00 PM - 8:00 PM HYA Open usage byboth parties confirmed via email or telephone. LANDY has priority August -All Weeks Sunday 2:O0PK8 4:00 PM HYA Sunday 4:UOPIVI 6:00 PM HYA Sunday G:OOPM-8:0UPM HYA Monday S:3OPM 7:30 PM HYA Monday 5:30PK4 7:30 PM HYA Monday 7:3OPK4-0:3UPM HYA Monday 7:3OPM-Q:3UPM HYA Tuesday 5:]OpK4-7:3UP&4 Landy Tuesday 5:3OPM 7:30 PM Landy Tuesday 7:30PM 9:30 PM HYA Tuesday 7:30PK4-9:3UPM HYA Wednesday S:3DPK4 7:30 PM HYA Wednesday 5:3OPM-7:38PM HYA Wednesday 7:]OPM 9:30 PM HYA Wednesday 7:3OPK4 9:30 PM HYA Thursday 5:3OPK8-7;3OPM HYA Thursday S:30PM-7:3OPK8 HYA Thursday 7:30 PM 9:30 PM HYA Thursday 7:30PK4-9:3OPM HYA Friday 5:30 PM 7:30 PM HYA Friday 5:30 PM '7:30 PM HYA Friday 7:30PM-9:3OPK4 HYA Friday 7:30PK4 9:30 PM HYA Saturday 9:80APN 11:00 AM HYA Saturday 9:O8AM 11:00 AM HYA Saturday 11:DOAM'1:0UPM HYA Saturday 11:80AM 1:00 PM HYA Saturday l:U0PK8 3:00 PM HYA Saturday 1:0OPK8 3:00 PM HYA Saturday 3:OUPK8 5:00 PM HYA Saturday 3:00 PM 'S:O0 PM HYA Saturday 5:00 PM 7:00 PM HYA Saturday 5:00 PM 7:00 PM HYA Revision Date: zI/3/20l8 Page IofG Revision Date: 12/3/2018 Page 2 of 5 September - HYA gets three weekends, Landy March -All Weeks gets one weekend + FRIDAY of that weekend Sunday 2:00 PM - 3:30 PM Landy Sunday 2:00 PM - 3:30 PM Landy Sunday 4:00 PM - 6:00 PM HYA Sunday 4:00 PM - 6`:00 PM HYA Sunday 6:00 PM - 8:00 PM HYA Sunday 6:00 PM - 8:00 PM HYA Monday 5:30 PM - 7:30 PM HYA Monday 5:30 PM - 7:30 PM HYA Monday 7:30 PM - 9:30 PM HYA Monday 7:30 PM - 9:30 PM HYA Tuesday 5:30 PM - 7:30 PM Landy Tuesday 5:30 PM - 7:30 PM HYA Tuesday 7:30 PM - 9:30 PM HYA Tuesday 7:30 PM - 9:30 PM HYA Wednesday 5:30 PM - 7:30 PM HYA Wednesday 5:30 PM - 7:30 PM Landy Wednesday 7:30 PM - 9:30 PM HYA Wednesday 7:30 PM - 9:30 PM HYA Thursday 5:30 PM - 7:30 PM HYA Thursday 5:30 PM - 7:30 PM HYA Thursday 7:30 PM - 9:30 PM HYA Thursday 7:30 PM - 9:30 PM HYA Friday 5:30 PM - 7:30 PM HYA Friday 5:30 PM - 7:30 PM HYA Friday 7:30 PM - 9:30 PM HYA Friday 7:30 PM - 9:30 PM HYA Saturday 9:00 AM - 11:00 AM HYA Saturday 9:00 AM - 11:00 AM HYA Saturday 11:00 AM - 1:00 PM HYA Saturday 11:00 AM -1:00 PM HYA Saturday 1:00 PM - 3:00 PM HYA Saturday 1:00 PM - 3:00 PM HYA Saturday 3:00 PM - 5:00 PM HYA Saturday 3:00 PM - 5:00 PM HYA Saturday 5:00 PM - 7:00 PM HYA Saturday 5:00 PM - 7:00 PM HYA Revision Date: 12/3/2018 Page 2 of 5 April - HYA gets two weekends, Landy gets two October - HYA gets three weekends, Landy gets weekends + FRIDAY of those weekends one weekend + FRIDAY of that weekend Sunday 2:00 PM - 4:00 PM Landy Sunday 2:00 PM -3:30 PM Landy Sunday 4:00 PM - 6:00 PM HYA/Landy Sunday 4:00 PM - 6:00 PM HYA Sunday 6:00 PM - 8:00 PM HYA/Landy Sunday 6:00 PM - 8:00 PM HYA Monday 5:30 PM - 7:30 PM HYA Monday 5:30 PM - 7:30 PM HYA Monday 7:30 PM - 9:30 PM HYA Monday 7:30 PM - 9:30 PM HYA Tuesday 5:30 PM - 7:30 PM Landy Tuesday 5:30 PM - 7:30 PM HYA Tuesday 7:30 PM - 9:30 PM HYA Tuesday 7:30 PM - 9:30 PM HYA Wednesday 5:30 PM - 7:30 PM HYA Wednesday 5:30 PM - 7:30 PM Landy Wednesday 7:30 PM - 9:30 PM HYA Wednesday 7:30 PM - 9:30 PM HYA Thursday 5:30 PM - 7:30 PM HYA Thursday 5:30 PM - 7:30 PM HYA Thursday 7:30 PM - 9:30 PM HYA Thursday 7:30 PM - 9:30 PM HYA Friday 5:30 PM - 7:30 PM HYA/Landy Friday 5:30 PM - 7:30 PM HYA Friday 7:30 PM - 9:30 PM HYA/Landy Friday 7:30 PM - 9:30 PM HYA Saturday 9:00 AM - 11:00 AM HYA/Landy Saturday 9:00 AM - 11:00 AM HYA Saturday 11:00 AM - 1:00 PM HYA/Landy Saturday 11:00 AM - 1:00 PM HYA Saturday 1:00 PM - 3:00 PM HYA/Landy Saturday 1:00 PM - 3:00 PM HYA Saturday 3:00 PM - 5:00 PM HYA/Landy Saturday 3:00 PM - 5:00 PM HYA Saturday 5:00 PM - 7:00 PM HYA/Landy Saturday 5:00 PM - 7:00 PM HYA Revision Date: 12/3/2018 Page 3 of 5 Monday 5:3OPK8-7:30Pk8 HYA Monday S:3OPM-7:3OPM HYA Monday 7:3OPK8 9:30 PM HYA Monday 7:30PM 9:30 PM HYA Tuesday 5:3OPK4-7:30PK8 Landy Tuesday 5:3UPM 7:30 PM HYA Tuesday 7:3OPN1 9:30 PM HYA Tuesday 7:38PM 9:30 PM HYA Wednesday S:38PM 7:30 PM HYA Wednesday 5:3OPK8 7:30 PM Landy Wednesday 7:3OPM-9:3OPK4 HYA Wednesday 7:3UPk4 9:30 PM HYA Thursday 5:]0PM 7:30 PM HYA Thursday 5:3OPK8-7:3UpM HYA Thursday 7:30PK4-9:3OPK8 HYA Thursday 7:3OPK8-9:3UPM HYA Friday S:30PM 7:30 PM HYA Friday S:38PM 7:30 PM Landy Friday 7:30PM-A:3UPM HYA Friday 7:30P&4 9:30 PM Landy Saturday 9:0OAM 11:00 AM Landy Saturday g:OOAM'l1:OOAM Landy Saturday 11:O0AM-l:OOPM Landy Saturday 11:80AM'2:00PM Landy Saturday 1:08PK8 3:00 PM Landy Saturday 1:UUPM'3:00PW1 Landy Saturday 3:ODp&4 5:00 PM Landy Saturday 3:00PKU-S:0OPM Landy Saturday S:00PM-7:U0PW1 Landy Saturday 5:O0PKx 7:00 PM Landy Revision Date: 12/3/2018 Page 4 of 5 June -All Weeks Weeknights to be coordinated between both parties, LANDY has priority Sunday 2:00 PM - 4:00 PM Landy Sunday 4:00 PM - 6:00 PM Landy Sunday 6:00 PM - 8:00 PM Landy Monday 5:30 PM - 7:30 PM HYA/Landy Monday 7:30 PM - 9:30 PM HYA/Landy Tuesday 5:30 PM - 7:30 PM HYA/Landy Tuesday 7:30 PM - 9:30 PM HYA/Landy Wednesday 5:30 PM - 7:30 PM Landy Wednesday 7:30 PM 9:30 PM HYA/Landy Thursday 5:30 PM - 7:30 PM HYA/Landy Thursday 7:30 PM - 9:30 PM HYA/Landy Friday 5.30 PM - 7:30 PM HYA/Landy Friday 7:30 PM - 9:30 PM HYA/Landy Saturday 9:00 AM - 11:00 AM Landy Saturday 11:00 AM - 1:00 PM Landy Saturday 1:00 PM - 3:00 PM Landy Saturday 3:00 PM - 5:00 PM Landy Saturday 5:00 PM - 7:00 PM Landy December - All Weeks Open usage by both parties - confirmed via email or telephone. LANDY has priority No Field Access on Thursday, Friday, Saturday and Sunday Revision Date: 12/3/2018 Page 5 of 5