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Agenda Packet - CC - 07/08/2019
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, July 8, 2019 City Council Meeting Agenda 6:00 PM INVOCATION – Jason Howard, Chaplain for Milton Police and Fire Care Pastor - Stonecreek Church, Milton, Georgia 1)CALL TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-138) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 8, 2019 Page 2 of 5 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA 1. Approval of the June 17, 2019 City Council Meeting Minutes. (Agenda Item No. 19-139) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending May 2019. (Agenda Item No. 19-140) (Bernadette Harvill, Finance Director) 3. Approval of Addendum #1 of a Parks and Recreation Department Athletic Association Facility Manual & Facility Use Agreement between the City of Milton and North Atlanta Football League. (Agenda Item No. 19-141) (Jim Cregge, Parks and Recreation Director) 4. Approval of a Professional Services Agreement between the City of Milton and Davenport & Company, LLC for the Purpose of Providing Financial Advisory and Other Related Services. (Agenda Item No. 19-142) (Stacey Inglis, Assistant City Manager) 5. Approval of a Construction Management at Risk Contract for the Construction of Milton Court/Police and Fire Facility between the City of Milton and NSC Construction Company, LLC, d/b/a, New South Construction Company, LLC. (Agenda Item No. 19-143) (Parag Agrawal, Community Development Director) 6. Approval of a Guaranteed Maximum Price Change Order for the Construction of Milton Court/Police and Fire Facility between the City of Milton and NSC Construction Company, LLC, d/b/a, New South Construction Company, LLC. (Agenda Item No. 19-144) (Parag Agrawal, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 8, 2019 Page 3 of 5 7. Approval of the following Subdivision Plats: Name of Development / Location Action Comments / # lots Total Acres Density 1. The Farm at Sweetapple LL 1017 & 1018 13100 Sweetapple Road Minor Plat 3 Lots 21.04 0.14 Lots / acre 2. Gordon Dickens LL 1060 1110 & 1120 Mayfield Road Combo Plat Combine parcels / 1 Lot 3.426 .29 Lots / acre (Agenda Item No. 19-145) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Presentation of “Wall of Fame” Class of 2019 Inductees. (Jim Cregge, Parks & Recreation Director) 2. Discussion of Parking and Vehicle Access on Neighborhood Streets. (Matt Marietta, Deputy Fire Chief & Parag Agrawal, Community Development Director) 8) FIRST PRESENTATION 1. Consideration of An Ordinance to Amend Article 1, Section 5.4 of the Milton Tree Canopy Conservation Ordinance to Extend the Date for Mandatory Compliance. (Agenda Item No. 19-146) (Parag Agrawal, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 52, Taxation Sections 52-22 (Due Date) and 52-23 (Fines for Delinquent Payments) of the Code of the City of Milton, Georgia. (Agenda Item No. 19-147) (Bernadette Harvill, Finance Director) 3. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 19-148) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 8, 2019 Page 4 of 5 4. Consideration of An Ordinance of the Mayor and Council of the City of Milton, Georgia, To Adopt Amendments to the Fiscal 2019 Budget for the General Fund of the City of Mil ton, Georgia Amending the Amounts Shown as Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-149) (Bernadette Harvill, Finance Director) 9) PUBLIC HEARING 1. Consideration of An Ordinance of the Mayor and Council of the City of Milton, Georgia, To Adopt Amendments to the Fiscal 2019 Budget for the General Fund of the City of Milton, Georgia Amending the Amounts Shown as Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-149) (First Presentation at July 8, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 – Administration, Article VII – Public Records. (Agenda Item No. 19-134) (First Presentation at June 17, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Fire 2. Communications MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 8, 2019 Page 5 of 5 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-150) MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 1, 2019 Steven Krokoff, City Manager {2) Approval of the Financial Statements and Investment Report for the Period Ending May 2019. Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: o 7/b'i:,{ ZOL'J () NOT APPROVED r./4o r/4o () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242 .2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us OGOO To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 1, 2019 for the July 8, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 8 – May 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.50% over what is anticipated for the eighth period of the fiscal year. Total expenditures to-date are $18,719,267 and are 6.12% 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 $14,653,037, capital expenditures-to-date total $4,325,665. Please note that 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 May 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,909,605 13,648 119,252 (105,604) 11,732,551 11,432,589 299,962 Motor Vehicle Tax 462,045 50,576 41,987 8,589 328,291 271,110 57,182 Intangible Tax 215,000 23,994 17,917 6,077 123,634 125,417 (1,783) Real Estate Transfer Tax 100,000 10,885 8,333 2,552 55,850 58,333 (2,483) Franchise Fees 2,125,933 720 - 720 1,175,878 1,211,767 (35,888) Local Option Sales Tax 9,350,000 806,159 779,167 26,993 5,679,576 5,454,167 225,409 Alcohol Beverage Excise Tax 310,000 27,794 25,833 1,961 182,077 180,833 1,244 Business & Occupation Tax 810,000 6,580 - 6,580 753,074 810,000 (56,926) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 45,738 - - - 45,738 32,410 13,328 Penalties & Interest 22,000 2,094 4,975 (2,881) 24,893 15,800 9,093 Alcohol Beverage Licenses 170,582 (758) 1,550 (2,308) 165,386 169,032 (3,646) Other Non-Business Permits/Licenses 24,900 2,818 2,099 719 26,832 16,296 10,536 Zoning & Land Disturbance Permits 75,350 5,535 6,279 (744) 64,805 50,231 14,574 Building Permits 335,000 23,202 26,800 (3,598) 225,914 207,700 18,214 Intergovernmental Revenue - - - - - - - Other Charges for Service 508,300 60,949 57,841 3,108 366,147 373,971 (7,824) Municipal Court Fines 350,000 33,701 29,155 4,546 298,130 233,240 64,890 Interest Earnings 276,000 44,292 23,000 21,292 293,053 184,000 109,053 Contributions & Donations 7,244 109 3,650 (3,541) 8,722 7,244 1,478 Other Revenue 65,448 12,045 5,441 6,604 58,069 46,248 11,821 Other Financing Sources 10,000 5,641 - 5,641 10,892 7,500 3,392 Total Revenues 29,173,145 1,129,984 1,153,279 (23,295)21,619,511 20,887,887 731,624 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 8,416 9,838 (1,422) 88,792 106,315 (17,523) City Clerk 231,569 13,071 18,364 (5,293) 117,508 150,201 (32,693) City Manager 742,616 38,243 43,562 (5,319) 444,258 489,376 (45,118) General Administration 65,899 7,914 5,406 2,509 39,310 44,471 (5,161) Finance 554,705 30,058 39,039 (8,981) 342,085 391,566 (49,481) Legal 295,000 - - - 188,265 172,083 16,181 Information Technology 1,128,520 175,185 226,544 (51,359) 729,797 788,508 (58,711) Human Resources 326,577 10,966 14,151 (3,185) 179,145 194,405 (15,260) Risk Management 272,707 24,810 27,054 (2,244) 158,067 190,458 (32,391) General Government Buildings 222,928 17,522 18,302 (780) 134,182 149,632 (15,451) Communications 286,891 16,914 24,243 (7,329) 120,676 190,582 (69,907) Community Outreach & Engagement 137,324 8,973 18,409 (9,436) 78,104 92,801 (14,698) Municipal Court 463,582 37,395 38,397 (1,002) 279,859 303,077 (23,218) Police 5,153,840 311,687 359,186 (47,499) 3,080,373 3,398,832 (318,458) Fire 7,306,581 478,707 500,577 (21,870) 4,664,779 4,882,826 (218,046) Public Works 2,322,379 (48,562) (25,803) (22,759) 1,261,067 1,438,987 (177,920) Parks & Recreation 1,436,693 59,396 87,754 (28,358) 971,966 1,038,872 (66,907) Community Development 1,408,987 175,943 161,652 14,291 725,000 781,122 (56,122) Economic Development 258,509 23,350 24,598 (1,248) 155,593 175,074 (19,481) Debt Service 852,436 - 108,836 (108,836) 852,144 852,144 - Operating Transfers to Other Funds 7,399,275 822,744 822,744 - 4,108,299 4,108,299 - Operating Reserve 233,768 - - - - - - Total expenditures 31,279,015 2,212,733 2,522,853 (310,122)18,719,267 19,939,632 (1,220,365) Net Income/(Loss)(2,105,870)(1,082,748)2,900,244 Fund Balance - Beginning 10,271,476 10,271,476 Fund Balance - Ending 8,165,606 13,171,720 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ 141$ 2,744$ 2,744$ Summer Event Vendor Fee - - - - Interest Revenues - 2 17 17 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 95 1,073 1,073 Total revenues 17,000$ 238$ 17,208$ 208$ EXPENDITURES Current: Special Events 104,348$ 13,140$ 74,833$ 29,515$ Total Expenditures 104,348$ 13,140$ 74,833$ 29,515$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 75,000 7,195$ 46,267 (28,733) Total other financing sources and uses 75,000$ 7,195$ 46,267$ (28,733)$ Net change in fund balances (12,348)$ (11,358)$ Fund balances - beginning 57,600 57,600 Fund balances - ending 45,252$ 46,242$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 3 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 - 5,806 14,825 14,825 Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 23 23 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 5,809$ 18,348$ 18,348$ EXPENDITURES Current: Police 83,815$ -$ 8,150$ 75,665$ Total Expenditures 83,815$ -$ 8,150$ 75,665$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 10,198$ Fund balances - beginning 83,820 83,820 Fund balances - ending 5$ 94,018$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ 95,120$ 535,652$ (414,348)$ Total revenues 950,000$ 95,120$ 535,652$ (414,348)$ EXPENDITURES Current: Public Safety 950,000$ 95,120$ 535,652$ 414,348$ Total Expenditures 950,000$ 95,120$ 535,652$ 414,348$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ (0)$ Fund balances - beginning 0 0 Fund balances - ending 0$ 0$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 5 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$ 7,195$ 46,267$ (28,733)$ Total revenues 75,000$ 7,195$ 46,267$ (28,733)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 7,195$ 46,267$ (28,733)$ Total other financing sources and uses 75,000$ 7,195$ 46,267$ (28,733)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 9,181$ 71,264$ 71,264$ (38,736)$ Infrastructure Maint Penalty & Interest - - 1 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - 8,700 - 8,700 8,700 - Tree Recompense - 3,328 - 3,755 3,755 427 Landfill Host Fees 150,000 48,000 - 24,692 24,692 (23,308) Interest Revenue - - - 229 229 229 Realized Gain or Loss on Investments - - - - - - Donation Revenue/Parks & Recreation - - 17,000 17,000 17,000 17,000 Cell Tower Lease 79,404 79,404 9,970 58,446 58,446 (20,958) Insurance Proceeds/Public Safety - 8,175 2,480 10,655 10,655 2,480 Total revenues 339,404$ 257,607$ 38,631$ 195,107$ 195,107$ (62,500)$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ -$ 1,306$ 1,306$ 908,188$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 526,824 - 396,381 454,690 72,133 General Govt Bldg 482,739 482,739 - 46,561 482,739 - Police 250,644 258,819 995 243,791 243,791 15,028 Fire 1,684,088 1,768,431 2,111 597,212 1,777,239 (8,808) Public Works 7,081,087 7,576,370 810,375 2,593,278 5,483,810 2,092,561 Parks & Recreation 1,350,420 2,184,420 21,555 282,145 299,627 1,884,793 Community Development 611,668 682,177 132,451 164,991 442,832 239,345 Total Capital Outlay 13,096,726$ 14,653,037$ 967,486$ 4,325,665$ 9,186,035$ 5,467,002$ Excess of revenues over expenditures (12,757,322)$ (14,395,430)$ (928,855)$ (4,130,558)$ (8,990,928)$ (5,529,502)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 6,833,582$ 744,605$ 3,855,160$ 3,855,160$ (2,978,422)$ Transfers in from Capital Grant Fund - 75,000 15,000 15,000 15,000 (60,000) Transfer in from Impact Fee Fund/Parks - 3 3 3 3 - Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 6,808,414$ 759,609$ 3,870,164$ 3,870,164$ (2,938,251)$ Net change in fund balances (7,588,990)$ (7,587,016) (260,394)$ (5,120,764)$ Fund balances - beginning 7,587,016 7,587,016 7,587,016 7,587,016 Fund balances - ending (1,974)$ 0$ 7,326,621$ 2,466,251$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 7 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,671,839$ 1,768,793$ 2,016$ 1,751,762$ 1,751,762$ (17,031)$ Real Property Tax-Prior Year - - 4 158 158 158 Public Utility Tax-Current Year - 13,220 - 13,208 13,208 (12) Personal Property Tax-Current Year 28,684 28,684 39 28,232 28,232 (452) Personal Property Tax-Prior Year - - 10 60 60 60 Motor Vehicle Tax 8,903 8,903 885 6,582 6,582 (2,321) Penalties & Interest - Real Property - - 190 2,588 2,588 2,588 Penalties & Interest - Personal Property - - 6 113 113 113 Intergovernmental Revenues - - - - - - Interest Revenue (Regions)100,000 200,000 31,150 231,996 231,996 31,996 Interest Revenue (SunTrust)- - 1 163 163 163 Bond Proceeds - - - - - - Total revenues 1,809,426$ 2,019,600$ 34,302$ 2,034,863$ 2,034,863$ 15,263$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 20,359,167$ 2,872$ 5,255,730$ 5,269,080$ 15,090,088$ Bond Principal 810,000 810,000 - 810,000 810,000 - Bond Interest 899,375 899,375 - 899,375 899,375 - Total Capital Outlay 22,068,542$ 22,068,542$ 2,872$ 6,965,105$ 6,978,455$ 15,103,437$ Excess of revenues over expenditures (20,259,116)$ (20,048,942)$ 31,430$ (4,930,243)$ (4,943,592)$ 15,118,700$ Net change in fund balances (20,259,116)$ (20,048,942) (4,930,243)$ (4,943,592)$ Fund balances - beginning 20,860,987 20,860,987 20,860,987 20,860,987 Fund balances - ending 601,871$ 812,045$ 15,930,744$ 15,917,395$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 8 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 6,000,000$ 558,236$ 3,907,950$ 3,907,950$ (2,092,050) Interest Revenues - - 90 466 466 466 Realized Gain or Loss (GA Fund 1)10,800 185,800 18,772 132,118 132,118 (53,682) Total revenues 6,010,800$ 6,185,800$ 577,099$ 4,040,534$ 4,040,534$ (2,145,266)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 12,369,842$ 119,412$ 445,891$ 3,757,622$ 8,612,220 Total Capital Outlay 12,369,842$ 12,369,842$ 119,412$ 445,891$ 3,757,622$ 8,612,220$ Excess of revenues over expenditures (6,359,042)$ (6,184,042)$ 457,687$ 3,594,642$ 282,912$ 6,466,953$ 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 (6,359,042)$ (6,184,042)$ 3,594,642$ 282,912$ Fund balances - beginning 8,631,592 8,631,592 8,631,592 8,631,592 Fund balances - ending 2,272,551$ 2,447,551$ 12,226,235$ 8,914,504$ 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 May 31, 2019 9 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 162,350$ 162,350$ 162,350$ 162,350$ 162,350$ -$ Recreation Trail Program - 200,000 - - - (200,000) Land & Water Conservation Grant - 200,000 - - - (200,000) LMIG Funds 405,528 405,528 - 405,528 405,528 0 LCI Funds - 96,000 - - - (96,000) Interest Revenues - 100 18 167 167 67 Contributions & Donations - - - - - - Total revenues 567,878$ 1,063,978$ 162,367$ 568,045$ 568,045$ (495,933)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 1,116,514$ 1,041,514$ -$ 36,301$ 512,917$ 528,596$ Parks & Recreation - 641,693 4,550 4,550 4,550 637,143 Community Development - 120,000 - - - 120,000 Total Capital Outlay 1,116,514$ 1,803,207$ 4,550$ 40,851$ 517,467$ 1,285,739$ Excess of revenues over expenditures (548,636)$ (739,229) 157,817$ 527,193$ 50,577$ 789,806$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 565,693$ 78,139$ 253,139$ 253,139$ (312,554)$ Transfer Out to Capital Projects Fund - (75,000) (15,000) (15,000) (15,000) (60,000) Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 300,000$ 490,693$ 63,139$ 238,139$ 238,139$ (372,554)$ Net change in fund balances (248,636)$ (248,536)$ 765,332$ 288,716$ Fund balances - beginning 248,602 248,602 248,602 248,602 Fund balances - ending (34)$ 66$ 1,013,934$ 537,318$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 10 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 27,000$ 3,389$ 24,504$ 24,504$ (2,496)$ Law Enforcement Fund 13,000 13,000 1,423 10,339 10,339 (2,661) Fire Fund 72,500 72,500 8,154 59,229 59,229 (13,271) Road Fund 120,000 100,000 10,175 82,210 82,210 (17,790) Park Fund 650,000 650,000 93,227 665,016 665,016 15,016 Interest Revenues/Admin Fund - - 4 21 21 21 Interest Revenues/Law Enforcement Fund - - 1 9 9 9 Interest Revenues/Fire Fund - - 8 51 51 51 Interest Revenues/Road Fund - - 11 69 69 69 Interest Revenues/Park Fund - - 97 573 573 573 Total revenues 882,500$ 862,500$ 116,488$ 842,022$ 842,022$ (20,478)$ EXPENDITURES General Government Buildings 57,967$ 58,485$ -$ -$ -$ 58,485$ Police - - - - - - Fire 237,926 242,902 - - - 242,902 Public Works 208,778 193,219 - - 40,252 152,967 Parks & Recreation 2,081,985 2,215,415 - 12,760 12,760 2,202,655 Community Development - 29,980 - - 4,130 25,850 Total Capital Outlay 2,586,655$ 2,740,001$ -$ 12,760$ 57,142$ 2,682,859$ Excess of revenues over expenditures (1,704,155)$ (1,877,501) 116,488$ 829,262$ 784,880$ 2,662,381$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 27,000$ -$ -$ -$ (27,000)$ Transfer Out to General Fund/Admin (27,000) - - - - - Transfer Out to Capital Projects Fund/Park - (3) (3) (3) (3) - Total other financing sources and uses (27,000)$ 26,997$ (3)$ (3)$ (3)$ (27,000)$ Net change in fund balances (1,731,155)$ (1,850,504) 829,259$ 784,877$ Fund balances - beginning 1,877,503 1,877,503 1,877,503 1,877,503 Fund balances - ending 146,348$ 26,999$ 2,706,762$ 2,662,380$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 11 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 -$ -$ -$ -$ -$ Interest Revenues - - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 15,000,000$ 172$ 525,024$ 525,024$ 14,474,976$ Fire 2,000,000 - - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay 17,000,000$ 172$ 525,024$ 525,024$ 16,474,976$ Excess of revenues over expenditures (17,000,000)$ (172)$ (525,024)$ (525,024)$ 16,474,976$ 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 -$ (525,024)$ (525,024)$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ (525,024)$ (525,024)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,278,358 24%2.53% GA Fund 1 13,792,687 46%2.42% GA Fund 1 (TSPLOST)9,161,731 30%2.42% Grand Total Investment Portfolio 30,232,776 100% Current Month YTD Current Month YTD Interest earned 44,277 292,056 18,772 132,118 Budgeted interest 22,917 183,333 14,583 116,667 Variance over/(under)21,361 108,723 4,189 15,452 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending May 31, 2019 13 of 13 MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE : ES TAB LIS H ED 200 6 CITY COUNCIL AGENDA ITEM City Council DATE: July 1, 2019 Steven Krok off, City Manager @ Approval of Addendum # l of a Parks and Recreation Department Athletic Association Facility Manual & Facility Use Agreement between the City of M ilton and North Atlanta Footbal l Leag u e . Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : (.)IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED : (✓YES () NO CITY ATTORNEY REVIEW REQUIRED : ( J/fES ( ) NO APPROVAL BY CITY ATTORNEY: (~PP ROVED () NOT APPROVED PLA CE D ON AGENDA FOR : 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678 .242.2499 in f o @cityofmiltonga.usIwww.cityofmiltonga.us 0800 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on June 27, 2019 for the July 8, 2019 Regular Council Meeting Agenda Item: Approval of Addendum #1 of a Parks and Recreation Department Athletic Association Manual & Facility Use Agreement between The City of Milton and North Atlanta Football League. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of Addendum #1 of a Parks and Recreation Department Athletic Association Manual and Facility Use Agreement between The City of Milton and North Atlanta Football League. Executive Summary: On June 3, 2019, Council approved a program provider agreement between the North Atlanta Football League and the City of Milton. The agreement called for a football program to be shared between the City of Milton and the City of Alpharetta. After the agreement was approved by the City of Milton, the City of Alpharetta declined to participate in the shared program provider arrangement, thus requiring this Addendum to change the terms of the agreement. Funding and Fiscal Impact: The pricing will vary based upon the program offering. This contract offers a commission of 15% of the registration fee to be paid to the City of Milton. Residents of the City of Alpharetta will be charged an out of City fee. Participants who are GIS verified as not residents of the City of Milton will be charged an out of city fee of $90 per registration. Alternatives: If this contract is not approved, we will have to identify the reasons for rejection and take corrective action to meet the satisfaction of the Mayor and Council. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, June 11, 2019 (Contract Template) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Addendum #1 for Athletic Association Facility Use Agreement with North Atlanta Football League. ADDENDUM #1 FOR ATHLETIC ASSOCIATION FACILITY USE AGREEMENT WITH NORTH ATLANTA FOOTBALL LEAGUE WHEREAS, the City of Milton, Georgia and North Atlanta Football League, Inc. (NAFL), have entered into an Athletic Association Facility Use Agreement dated June 3, 2014, and an Athletic Association Organizational Manual Agreement, both of which are incorporated herein by reference (and are collectively the "Agreement"); and WHEREAS, the parties desire to modify the terms to the Agreement; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. The parties agree that the Agreement will be amended to reflect the change that this will not be a joint venture with the City of Alpharetta. This includes the following specific amendments: a. The terms of the commission payment to the city of Milton and the maximum out -of -city fee will be changed. Section 4 on page 2 of the Facility Use Agreement is amended by replacing the entire section with the following: "in consideration for the usage of the facilities, the Organization agrees to a direct payment to the City of a 15% commission on all registration fees. Program participants who are not residents of the city of Milton will, in addition to their program registration fees, be charged an additional non- resident fee of $90.00.. The nonresident fees collected will be paid entirely to the city of Milton." b. Section b of the Facility Use Agreement is amended to say the following: "Ideal Capacity - 200; Previous Year Participation - 0; Participation Goal for This Year - 200" c. Section 7 of the Facility Use Agreement is amended to say the following: " ... and the advanced level teams must be made up of at least 50% City of Milton residents. Tryouts must be open to all, advertised in the appropriate media for the sport involved. The 50% Milton residency requirement must be verified by the City GIS database prior to the formation of any advanced level team...." d. Exhibit A, Guideline "B" of the Facility Use Agreement is deleted. e. All other portions of the Agreement not listed above, but that Logically should be amended to reflect that NAFL is operating separate services for Milton and Alpharetta, are hereby amended to reflect that change. 2. The effective date of this change will be the effective date of this Addendum. 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. 1MLLTQ,,_V ORGANIZATION: B ryv:.- X4 W I * - President Name: Tea^+ Atka (Typed or Printed) Date: vc t 2e �4 Attest. Organiza4ion Secr Lary Name: ra, �aNaAci� (Typed or Printed) Date: 612-t IU14 [AFFIX CORPORATE SEAL] CITY: Bv: Steve Krokoff, City Manager City of Milton Date: Ratified by City Council: Bv: Joe Lockwood Mayor, City of Milton Date: 2 MILTON\t TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM City Council DATE: July 3, 2019 Steven Krokoff, City Manager Q) Approval of a Professional Services Agreement with Davenport & Company, LLC for the Purpose of Providing Financial Advisory and Other Related Services Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (v{YES () NO CITY ATTORNEY REVIEW REQU IRED: (J,"Y'ES AP PROV AL BY CITY ATTORNEY: PLACED ON AGENDA FOR: ( -JAPPROVED 07/ o6/lf2Jt0, () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242 .2500 IF: 678 .242 .2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted July 3, 2019 for the July 8, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement with Davenport & Company, LLC for the Purpose of Providing Financial Advisory and Other Related Services ____________________________________________________________________________________ Department Recommendation: Approve the agreement as presented. Executive Summary: There are several projects identified in the City’s seven-year Capital Improvement that require the services of a financial advisor. Most notable is the construction of a new public safety complex on Highway 9 and the replacement of the fire station on Thompson Rd. The City will be seeking to issue bonds in the amount of $17 million within the next few months for those projects. In February, a Request for Proposal (RFP) was issued for financial advisory services. Of the five proposals received, Davenport & Company was the clear choice. Included in the agreement, Davenport will provide and present an annual financial review and debt capacity analysis; act as the liaison with the credit rating agencies; assist the City in the development and funding of the Capital Improvement Program; and provide all services related to securing bond financing among several other services. The term of this contract is for seven years. Financial Impact: There is an annual retainer of $10,000 for the term of the contract to provide the scope of work identified on page 4 of Exhibit B. The transactional services (bond issuance) pricing varies depending on the method of issuance. It is expected that the bond for the public safety complex and fire station replacement of $17 million will have an issuance cost of approximately $50,000, not including travel reimbursement of pre-approved expenses and administrative fees. Other special services will be quoted by Davenport and approved by the Mayor and Council via change orders. Alternatives: None. Legal Review: Sam VanVolkenburg, Jarrard & Davis, July 3, 2019 Concurrent Review: Steve Krokoff, City Manager 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 Davenport & Company, LLC, a Virginia Limited Liability Company, (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: 2 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: providing financial advisory and other related services, to assist the City in the review, evaluation, planning, development, and administration of its certain financial operations, capital projects, and financing plans. The Project consists of three types of services, as further described in Exhibit C: (a) “Retainer Services” that are standard financial services to be performed every year; (b) “Transaction Services” that are to be performed on a transaction-by-transaction basis; and (c) “Special Services” that are performed on an as-needed basis. Transaction Services shall be performed pursuant to task orders issued by the City’s Finance Director subject to a spending budget authorized in this Agreement; Special Services shall be added to the Scope of Work of this Agreement through Change Orders that will specify a budget and timeline for completion of the Work. 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 terminate on the seven-year anniversary of the Effective Date (provided that certain obligations will survive termination/expiration of this Agreement). As 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 September 30 each fiscal year of the Term, and further, that this Agreement shall automatically ren ew on October 1 of each subsequent fiscal 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 fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. 3 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 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. 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 City and Consultant. D. 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 i ncrease the Maximum Contract Price, as set forth in Section III(C) 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. 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.Compensation. The following terms govern Consultant’s compensation and are meant to clarify the terms set forth in Exhibit C. These terms control over any inconsistent terms in Exhibit C. Hourly rates shall increase annually as provided in Exhibit C. i.Retainer Services shall be provided every year for a fee not to exceed $12,000, which will include: the greater of Consultant’s $10,000 flat fee or all of Consultant’s hours worked (at the rates shown in Exhibit C); Consultant’s Administrative Expenses (as defined in Exhibit C) associated with those hours; and Consultant’s reasonable out- of-pocket expenses. Consultant shall maintain records of its hours, out-of-pocket expenses, and Administrative Expenses associated with providing Retainer Services. Once the value of (the greater of Consultant’s flat fee or Consultant’s hours), out-of- pocket expenses, and Administrative Expenses reaches $12,000, Consultant shall not provide any further Retainer Services unless Consultant and the City negotiate a Change Order permitting Consultant to bill the City for additional hours, out -of- pocket expenses, and Administrative Expenses to provide additional Retainer Services. A single invoice for the retainer shall be submitted annually upon completion of the relevant Work for each year. ii.Transaction Services shall be performed pursuant to task orders issued by the City’s Finance Director, for a maximum total price for Transaction Services not to exceed $300,000.00 over the life of this Agreement and not to exceed $100,000 for any single transaction. The compensation for Transaction Services shall be: the fees specified in Exhibit C, Consultant’s Administrative Expenses associated with the fixed fees, and Consultant’s reasonable estimate of its out-of-pocket expenses for the Transaction Services. Once the value of Consultant’s fixed fees, out -of-pocket expenses, and Administrative Expenses reaches the maximum total price for Transaction Services, Consultant shall not provide any further Transaction Services unless Consultant and the City negotiate a Change Order setting a new budget cap. Invoices for Transaction Services shall be submitted at the conclusion of the relevant transaction, and such invoices shall reflect costs incurred versus costs budgeted. iii.Special Services shall be performed pursuant to Change Orders that will set a budget for all such services based upon the hourly rates specified in Exhibit C, Consultant’s Administrative Expenses associated with those hours, and Consultant’s reasonable estimate of its out-of-pocket expenses for the Special Services. Once the value of Consultant’s hours, out-of-pocket expenses, and Administrative Expenses reaches the budget limit, Consultant shall not provide any further Special Services unless Consultant and the City negotiate a Change Order setting a new budget cap. Invoices for Special Services shall be submitted at the conclusion of the relevant project, and such invoices shall reflect costs incurred versus costs budgeted. C. 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 sum of: $12,000 per year, plus the maximum total price for Transaction Services, plus any Change Order for Work to be performed (collectively, the “Maximum Contract Price”). 4 5 D.Reimbursement for Costs. The Maximum Contract Price set forth in Section III(C) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and costs incurred shall be billed as specified in Section B (above) and Exhibit C. In light of Consultant’s entitlement to separate Administrative Expenses, Consultant’s reasonable out -of- pocket costs are limited to those not captured in Consultant’s Administrative Expenses, and include as follows: supplies and outside services, transportation, lodging, meals and authorized subcontracts all to be billed at cost. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. 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 entit y 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 6 determining whether there has been compliance with what is 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 und er 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. Courtney E. Rogers 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 solel y 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 7 exist as to any party or person described in this provision. 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 effect 8 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: $ ___N/A_____ (_____________)per occurrence shall be provided and will apply over all liability policies, without exception, including but not 9 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 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 10 insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by 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. 11 The Consultant 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: 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 in surer 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: 12 (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 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 d ocuments 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 13 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 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. __X__ 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 14 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, 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 representative(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 15 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. 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 16 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 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 im mediately 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. O. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the County; (b) the Consultant shall immediately disclose to the County any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury. 17 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. Stacey Inglis 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. 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 18 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 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. 19 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 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: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Davenport & Company, LLC Cumberland Riverwood 3350 Riverwood Pkwy, Ste 1900 20 Atlanta, GA 30339 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, offi cers, 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 an y 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, 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 21 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] 22 CONSULTANT: Davenport & Company LLC Signature: ___________________________________ Print Name: _____________________________ Title: Senior Vice President Attest/Witness: Signature: _______________________________ Print Name: _____________________________ Title: __________________________________ CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Print Name: ______________________________ Title: City Clerk Approved as to form: _______________________________ City Attorney EXHIBIT “A” EXHIBIT “B” EXHIBIT “C” See Exhibits A & B CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 19-FI01 RFP Title: Financial Advisory Services Due Date and Time: Local Time: March 21, 2019 @ 2:00 PM Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: February 21, 2019 City of Milton Finance Department 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 *Please note that attempts to contact anyone other than Honor Motes, Purchasing Manager during the open solicitation period can result in disqualification. Mark Face of Envelope/Package: RFP Number: 19-FI01 Name of Company or Firm Special Instructions: Deadline for Written Questions March 7, 2019 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 Table of Contents 2 | RFP 19-FI01 TABLE OF CONTENTS Description Page Number Firm’s RFP Checklist ........................................................................................................... 3 Disclosure Form ................................................................................................................. 4 Proposal Letter .................................................................................................................. 5 Contractor Affidavit and Agreement (eVerify)............................................................ 6 Schedule of Events ........................................................................................................... 7 Section 1: Project Overview and Instructions .............................................................. 8 1.0 Background and Statement of Intent ..................................................................... 8 1.1 Single Point of Contact ............................................................................................. 8 1.2 Required Review ........................................................................................................ 8 1.3 Submitting Proposals ............................................................................................... 10 1.4 Firm’s Certification ................................................................................................... 13 1.5 Cost of Preparing Proposals ................................................................................... 13 Section 2: RFP Standard Information .......................................................................... 13 2.0 Authority .................................................................................................................... 13 2.1 Firm Competition ..................................................................................................... 13 2.2 Receipt of Proposals and Public Inspection ......................................................... 13 2.3 Classification and Evaluation of Proposals ........................................................... 14 2.4 Rights Reserved ........................................................................................................ 16 Section 3: Scope of Project .......................................................................................... 16 3.0 Background .............................................................................................................. 16 3.1 Scope of Services .................................................................................................... 17 3.2 Minimum Qualifications .......................................................................................... 18 Section 4: Firm’s Proposals ............................................................................................ 18 4.0 City’s Right to Investigate ....................................................................................... 18 4.1 Firm Informational Requirements ........................................................................... 19 Section 5: Cost Proposal ............................................................................................... 20 Section 6: Evaluation Criteria ....................................................................................... 22 Section 7: Standard Contract Information ................................................................ 22 7.0 Standard Contract .................................................................................................. 23 7.1 Additional Contract Provisions and Terms ............................................................ 23 7.2 Subconsultant .......................................................................................................... 23 7.3 General Insurance Requirements .......................................................................... 23 7.4 Compliance with Worker’s Compensation Acts ................................................. 23 7.5 Compliance with Laws ............................................................................................ 24 7.6 Contract Termination .............................................................................................. 24 Sample Standard Contract ........................................................................................... 25 3 | RFP 19-FI01 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 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 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 19-FI01 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 19-FI01 City of Milton RFP# 19-FI01 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 (19-FI01) City of Milton Financial Advisory Services. 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 19-FI01 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 deadlin es 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 d ate of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Financial Advisory Services 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: _________________________________ SCHEDULE OF EVENTS Task Date Issue RFP February 21, 2019 Deadline for Questions March 7, 2019 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, March 14, 2019 Proposals Due By 2:00 p.m. EST on March 21, 2019 Award Contract April 22, 2019 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 19-FI01 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton (“City”) is seeking proposals from qualified firms (“Firms”) for financial advisory and other related services. The Firm to whom the contract is awarded will assist the City in developing and implementing strategies to meet its short- and long-range capital and operating financial needs. The City desires to engage the services of a recognized financial consultant with expertise in governmental financing to assist in the review, evaluation, planning, development, and administration of certain of its financial operations, capital projects, and financing plans. While providing financial advisory services to the City, the Firm will be prohibited from participating in the underwriting, whether by negotiated sale or competitive bid, of any bond issue in which the Firm has been retained to give advice regarding the bond issue or any other borrowing the City is considering. It is intended that the Firm will be selected for a period of five years with the possibility of up to two one-year extensions. The City retains the right to solicit additional financial advisor services proposals at any time solely upon its determination and discretion. The City anticipates issuing a Revenue Bond for $17 million to construct new public safety facilities (police/court and fire station) on Highway 9 and to replace a fire station on Thompson Rd. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Firm is selected, Firms are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact can disqualify the Firm 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. Firms 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 9 | RFP 19-FI01 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. Firms 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 March 7, 2019. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about March 14, 2019. 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 . Firms must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, the Firm 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 Firm’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 Firm’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 Firm 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 Firms submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Firm must meet the intent of all mandatory requirements. The City will determine whether a Firm’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 10 | RFP 19-FI01 be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 SUBMITTING PROPOSALS Firms 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. A. Submittal Requirements. Proposals should be as thorough and as detailed as possible, so the City may properly evaluate the Firm’s capabilities to provide the required services. The total submittal length should not exceed fifty (50) pages with a minimum font size of 11. The cover page, table of contents, tabs and required forms do not count toward the page limit. Firms are required to submit the following information/items as a complete proposal: 1. Cover Page: City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. Table of Contents 3. Letter of Transmittal: a. Brief history of the Firm, including date founded, corporate structure, and type of ownership; b. List by location the number of professional level employees, associate level employees, and support staff engaged full-time in advising governmental issuers (other than health care and housing issuers) on matters related to the issuance of tax-exempt bonds. c. Approximate that portion of your Firm’s revenues derived from financial advisory services to governmental entities (other than health and housing issuers). d. Briefly describe the Firm’s financial advisory experience over the past five years with particular emphasis on providing financial advisor services relative to General Obligation or Intergovernmental Revenue bonds for any state level authority clients, or city or county clients, for financings of $10 million or larger; also identify any Georgia state agency or Georgia local government issuers for which your Firm as served as a financial advisory for the past five years. Provide information relative to the identified clients to include: 1. Name of issuer 2. Amount of issue 3. Date of issue 4. Type of issue (e.g., new money, refunding, fixed rate, variable rate, taxable, direct subsidy, tax 11 | RFP 19-FI01 credit bonds, etc. 5. Purpose or use of proceeds 6. Method of sale 7. Personnel assigned, and role performed 8. Brief, general description regarding the nature of services provided. e. Select three of the issuers listed above as references; provide contact names, addresses, telephone numbers and email addresses for the references. Discuss how the experience gained from working for these issuers relates to the services requested by this RFP. Describe any unique, unusual or exceptional problems, conditions, or situations that your firm faced and solved for these clients. 4. Technical Proposal: a. Key Team Members. Identify who will serve as the City’s contract representative and the contact information for whom all contract related correspondence shall be forwarded. For each key team member that will be dedicated to the contract, state how long they have been with the Firm, their current position, and a brief summary of their job description and relevant experience. b. Financial Advisor Methodology. Discuss the Firm’s approach to rendering the required services. Any special techniques, strategies and capabilities should be included. Also include a detailed narrative statement to demonstrate the proposal understanding of the Scope of Work described herein. The statement shall contain, but not necessarily be limited to, the reporting to be provided, expectations regarding the City’s responsibilities and contributions under the contract, any limitations in delivering all of the required services, any potential problem areas that might impede the successful implementation of the contract, and any other information not specifically required elsewhere in this RFP but considered pertinent by the proposal. State additional information regarding the Firm’s services that distinguishes you from the competition. 5. Required Documents: a. City of Milton request for proposal cover page (information entered and signed: first page of this document) b. City of Milton Disclosure form (signed) c. City of Milton Proposal letter (information entered) d. Contractor Affidavit and Agreement (eVerify) e. Applicable Addenda Acknowledgement Forms, if 12 | RFP 19-FI01 necessary 6. Pricing (See Section 5.0) Firms must organize their proposal into sections that follow the format of Section 1.3 and Section 5.0. B. Failure to Comply with Instructions. Firms 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 copies of each submittal plus a USB Drive should be provided to the City. Proposals must be received by the Finance department in City Hall prior to 2:00 PM, local time, March 21, 2019. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 p.m. and names of Firms will be announced. *Important to remember when submitting digital files: 1. Mark all USB Drives with Firm’s name, RFP number and RFP 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 Firm’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 Firm’s sole risk to assure delivery to the Finance department’s desk by the designated time. Late proposals will not be opened and may be returned to the Firm at the expense of the Firm or destroyed, if 13 | RFP 19-FI01 requested. 1.4 FIRM'S CERTIFICATION By submitting a response to this RFP, the Firm agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.5 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 Firm. The City is not liable for any expense incurred by the Firm 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 the Firm resulting from this RFP process. 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 FIRM COMPETITION The City encourages free and open competition among Firms. 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: 14 | RFP 19-FI01 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 Firm; and 4. Other constitutional protections. B. Procurement Manager 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 the Firm’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. Firms must be prepared 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 the Firm 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 15 | RFP 19-FI01 nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Firm or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Firm. 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 Firm’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 Firms 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 Firm being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Firms should clarification or negotiation be necessary. Firms 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, Firms 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 Firm’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 manager may issue a “Request for Documents Notice” to the highest scoring Firm to obtain the required insurance documents, contract performance security, and 16 | RFP 19-FI01 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 manager and/or city department representatives may begin contract negotiation with the responsive and responsible Firm whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Firm 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 Firm. I. Contract Award. Contract award, if any, will be made to the highest scoring Firm 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 right to: A. Modify, cancel or terminate this RFP, B. Reject any or all proposals received in response to this RFP, C. Select a Firm without holding interviews, D. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, E. To request further documentation or information, and to discuss an RFP submittal for any purpose in order to answer questions or to provide clarification, F. 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 G. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. SECTION 3: SCOPE OF PROJECT 3.0 BACKGROUND The City of Milton annually adopts a multi-year Capital Improvement Plan (CIP); the most recent of which is the FY 2019-2025. While this plan does not represent 17 | RFP 19-FI01 a legislative commitment to expend capital funds for projects beyond FY 2019, it does represent a plan for future spending and establishes priorities for the orderly development of the City. The CIP is subject to continual examination and revision. Projects scheduled for earlier CIP years are generally implemented as programmed with any major revisions occurring in the latter years. The CIP includes gross capital expenditure ac tivity to be funded through a combination of operating revenues, General Obligation Bonds, Revenue Bonds, and, depending on availability, Federal and State grants. As of September 30, 2018, the City has $23,495,000 outstanding in G.O. Bonds and $8,992,000 outstanding in Revenue Bonds. The City has a AAA bond rating from Standard & Poor’s Corporation and a Aaa from Moody’s Investor Services for the Series 2017 G.O. Bond. The City is considering the issuance of a Revenue Bond in the amount of $17 million for the construction of a Public Safety complex (police/court and fire buildings) on Highway 9 and the replacement of a fire station on Thompson Rd. This will be the first priority of the Firm chosen. The City’s FY 2019 Adopted Budget, including the FY 2019-2025 CIP is available on the City’s website: https://www.cityofmiltonga.us/lib/file/manager/Government/Finance/2019_Bud get_Book_FINAL_20181003.pdf 3.1 SCOPE OF SERVICES The City is requesting proposals for financial advisor services to include: A. Review the City’s Capital Improvement Program and the related financing plan annually. Concurrent with the review, prepare an annual debt capacity study. Propose modifications to the financing plan which would enhance cash flow, improve financing interest rates, conform to applicable tax regulations and ensure compliance with fiscal policies. B. Counsel the City in structuring a bond issue to provide maximum flexibility in debt management considering present and future needs. C. Schedule bond sales within the City’s requirements, at times, which should produce the most favorable costs to the City, considering current market conditions. D. Coordinate the activities of bond counsels, accountants, printers, rating services, publishers, underwriters, and others connected with a bond issue to ensure timely and efficient issuance of the bonds. E. Coordinate the preparation and printing of an Official Statement, including Notice of Sale and Bid forms with the City staff and the City’s bond counsel. The Official Statement will be prepared in accordance with 18 | RFP 19-FI01 current rules and regulations regarding the issuance of such statements. Assistance required in the preparation of the Official Statement will include collecting, reviewing and compiling information from City staff and other agencies into a complete, well-structured document. All drafts of the Official Statement should be checked for accuracy. F. Assist in selection of paying agents, trustees, escrow agents and other financial intermediaries, as necessary. G. Provide advice regarding investment of bond proceeds. H. Maintain a close liaison with Moody’s Investors Service, Inc., Standard & Poor’s Corporation, and Fitch Investors Service, Inc., and assist City officials in the presentation required to obtain the most favorable bond credit rating. I. Keep the City advised about current market conditions, expected trends in interest rates and yields, and other pertinent economic factors. J. Must be proactive and assist City staff with evaluating the advantages and disadvantages of various financing structures, as well as competitive versus negotiated sales and lease-purchase financing. K. Serve as Financial Advisor to the City for other financial matters, as requested. Service may include assisting City staff in performing financial analyses of proposed City projects. L. If requested, attend meetings with City staff and elected officials, including attendance at City Council meetings and staff meetings. M. Review existing financial policies (fund balance, debt, investments, budget, etc.) to ensure consistency. Propose appropriate amendments or additions to those policies and advise the City on best practices regarding principles of sound financial management. 3.2 MINIMUM QUALIFICATIONS The Firm must satisfy all of the minimum qualifications. Failure to satisfy them at the time the proposal is submitted may result in the immediate rejection of the proposal. The Firm must continue to satisfy the minimum qualifications throughout the term of the contract. The minimum qualifications are: A. Have one or more offices in Georgia. B. Maintain valid and appropriate licenses as a financial advisory firm. C. Have been in existence as a business entity for a minimum of five years performing services similar in nature to the services required in this RFP. SECTION 4: FIRM’S PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to 19 | RFP 19-FI01 determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 FIRM 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. 20 | RFP 19-FI01 MUST BE RETURNED WITH BID (2 pages) One original and three copies shall be submitted in a separate sealed envelope with the Firm’s name and RFP 19-FI01 – Financial Advisory Services clearly identified on the outside of the envelope by the required deadline. The Firm’s cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. By signing this page, the Firm acknowledges that the Firm has carefully examined and fully understands the Contract, Scope of Work, and other attached documents, and hereby agrees that if the proposal is accepted, the Firm will contract with the City of Milton, Georgia according to the RFP documents. Name of Firm: Address: Authorized Signature Date Print Name Title Telephone Number: Email Address: SECTION 5: COST PROPOSAL 21 | RFP 19-FI01 SECTION 5: COST PROPOSAL (cont.) A. If applicable, explain your Firm’s annual retainer and payment terms. Include contracted number of hours included in the annual retainer fee. B. If applicable, describe your Firm’s hourly fees. Fee structure should include a brief explanation of the nature and use of the fees (research, non- transactional, etc.) as well as staffing associated with each hourly rate. C. Transactional Fees (General Obligation and Revenue Bonds) Issuance Amount Less than $50 million (per thousand) Incremental over $50 million (per thousand) Minimum Fee (per transaction) Surcharge for competitive sale, if any (per thousand) Surcharge for refunding, if any (per thousand) Maximum fee Other transaction fees (please describe) D. Describe in detail any other fees not detailed above, including travel reimbursement of pre-approved expenses, debt related fees, and other proposed fees. 22 | RFP 19-FI01 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the quality and completeness of each proposal as it addresses the requirements of the RFP. The committee will select one or more Firms based on (1) technical merit, as demonstrated in the proposal and oral presentations, if any, and (2) reasonableness of proposed compensation structure. Technical merit will be given more weight than compensation structure, and will take into account the following items regarding the Firm’s capabilities to perform the required scope of services: A. Firm’s background and history and overall ability to provide required services. (15 pts) B. Experience of the Firm in providing formal financial advisory services to current and prior clients, particularly to those in the State of Georgia. (15 pts) C. Qualifications of the Firm (25 pts), including: a. Organization, size and structure of the Firm; b. Qualifications of the assigned staff (education, position in the Firm, and years and types of experience will be considered); and c. Location and accessibility of the Firm and of the staff to be assigned. D. General understanding of the project and the Firm’s proposed approach or methodology for rendering the required services. (30 pts) E. References (5 pts) F. Cost proposal (10 pts) Total Possible Points Available are 100 points. 1. Interviews and Product Demonstration If applicable, short-listed Vendors will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. A question and answer will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores and presentation scores. The top-ranked proposal will be recommended for contract award, pending successful negotiations. 23 | RFP 19-FI01 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. The Firm 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 Firm’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 Firm at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Firm’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 Firm. 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 Firm will be the prime Firm 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 Firm 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 Firm. 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 Firm 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 Firm nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working 24 | RFP 19-FI01 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 Firm 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 Firm subjects sub-consultants to the same provision. The Firm 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 Intentionally Omitted City of Milton, Georgia Request for Proposals RFP # 19-FI01 Financial Advisory Services Member NYSE | FINRA | SIPC COPY Page | 1 1│Cover Page On the following page, we have provided the signed and completed cover page. COPY COPY 2│Table of Contents 1 Cover Page 2 Table of Contents 3 Cover Letter / Letter of Transmittal Page 1 4 Technical Proposal Page 26 5 Required Documents Page 51 6 Pricing Page 52 COPY Page | 1 3│Cover Letter / Letter of Transmittal On behalf of our colleagues at Davenport & Company LLC ("Davenport"), we are pleased to submit our proposal in response to your Request for Proposal #19-FI01 to provide Financial Advisory Services to the City of Milton, Georgia (the "City"). Davenport has been honored to serve as the City’s Financial Advisor since 2012. As you know, Davenport greatly values our relationship with the City and we hope to continue to maintain it in the years to come. We trust that you will find that our response demonstrates that Davenport as an institution, and more importantly, the Financial Advisory team presented is eminently qualified to continue providing the City with the requested Scope of Services. Understanding the City of Milton As mentioned in the preceding paragraph, Davenport has served the City as its Financial Advisor since 2012. Over that time, we have provided the City with a comprehensive range of services to help meet its financial goals. Advised the City on its only two bond issuances which total over $30 million in par amount. Helped the City obtain its initial Aaa/AAA credit ratings from Moody’s and S&P in connection with the issuance of the City’s 2017 General Obligation Bonds. Reviewed and recommended changes and enhancements to the City’s Financial Policies in advance of the City’s initial meeting with the credit rating agencies. Assisted in navigating the delay in Fulton County tax bills which caused a philosophical change on how the City records its revenue and simultaneously communicated the potential financial impact to the rating agencies. Solicited Requests for Qualifications on behalf of the City for Paying Agent and Custodial services in connection with the issuance of the City’s 2017 General Obligation Bonds. Assisted in the development of referenda and other documentation associated with the City’s financings including not to exceed parameters, preliminary amortization schedules, etc. March 21, 2019 Cumberland Riverwood 3350 Riverwood Parkway, Suite 1900 Atlanta, Georgia 30339 Honor Motes Procurement Manager City of Milton Purchasing Office 2006 Heritage Walk Milton, GA 30004 RE: RFP # 19-FI01 COPY Page | 2 Presented to the City Council on a variety of topics, including Market Updates, Pricing and RFP Results, Financial Policy Evaluations, and Capital Planning Analysis. Conducted a series of capital planning and debt capacity/affordability analyses for the proposed Public Safety complex and replacement Fire Station. Personal Commitment Davenport is committed to continue serving the City of Milton with a team of seasoned professionals that are highly knowledgeable in Georgia Municipal Finance. The senior day-to-day point of contact and Engagement Manager will continue to be Courtney Rogers, a Senior Vice President and manager of Davenport’s Georgia office with nearly 30 years of municipal experience. In addition, the City’s support team would include Doug Gebhardt, a Vice President, and Ricardo Cornejo, a First Vice President, both located in the Atlanta office. Ms. Jennifer Diercksen, First Vice President and a former state lead analyst for Moody’s, will provide her credit rating insight where necessary. Mr. Alex Hock, Analyst, would provide logistical support with the execution of financings and other projects. Other professionals located in Richmond, Towson, Charleston, and Hilton Head would be available to serve the City on an as needed basis. Full Service Oriented Financial Advisory Approach We have built our Advisory practice on providing independent, unbiased advice with unequalled service and responsiveness. In satisfying the City’s requested Scope of Services, the Davenport team will utilize all of its technical and analytical resources to provide value-added service and develop strategies that speak to the City’s particular needs/goals and objectives. While developing these strategies, Davenport will strive to remain consistent with the industry standard benchmarks and practices laid out by the GFOA. Our primary, overriding philosophy is to safeguard our clients’ interests. The services that Davenport intends to continue providing the City include: strategic financial planning; comprehensive funding options analysis; transaction execution; enhancement/revisiting of Financial Policy Guidelines; debt capacity analysis; pro-active rating agency strategy and communication; and debt refinancing/restructuring, just to name a few. In Section 4, we have laid out our approach to continuing to provide these services to the City as its Financial Advisor. Additionally, on pages 23 through 25, we have provided an overview of other core advisory services that Davenport provides for our Georgia clients. This is not an all inclusive list; however, we feel that it showcases the wide range of areas where Davenport can assist the City. Significant Credit Rating Expertise Since 1998, we have been involved with over 200 credit upgrades and initial ratings throughout the Mid-Atlantic / Southeast region. Since 2014 alone, Mr. Rogers and Mr. Gebhardt have assisted their clients in achieving 32 rating upgrades or initial ratings. Similar to the City, Davenport recently assisted the City of Brookhaven in achieving initial Aaa/AAA ratings from Moody’s and S&P in the Summer 2018. Davenport worked with the City to affirm these ratings in December 2018 in connection with a second financing. We believe that our proven track record of success in this area is a testament to our understanding of what it takes for a locality to be a strong credit. When working with the City, Davenport COPY Page | 3 will apply this knowledge and experience to assist the City in continuing to maintain its very strong Aaa/AAA ratings. Unmatched Financial Advisory Experience with other Georgia Localities To the best of our knowledge, with 38 clients, Davenport serves as Financial Advisor to more localities in the State of Georgia than any other advisory firm. Our clients include many other localities in the Greater Atlanta area (Henry County, Forsyth County, Cities of East Point, Clarkston, Lake City, Decatur, Tucker, Villa Rica, Chamblee, and Brookhaven, among others). This experience provides us with unique insight into the challenges and opportunities facing counties, cities and authorities across the State of Georgia, and in Metro-Atlanta area in particular. Davenport’s clients extend throughout Georgia from North to South (Catoosa County Schools to the City of Albany) and East to West (Columbus to Chatham County), with numerous others in between. Simply stated, Davenport has unmatched experience with Georgia’s cities, counties and authorities. Why Davenport The team we propose for this engagement has successfully met many challenges that demonstrate their capabilities and versatility to the City. If given the opportunity to continue working with the City, you have my personal assurance that we will serve the City with the professionalism, discretion, and resourcefulness that this role requires. We welcome any opportunity to present our experience/qualifications in person at your earliest convenience to elaborate on our continued approach to serving the City. Very Truly Yours, [Remainder of the Page Intentionally Left Blank] Courtney E. Rogers Senior Vice President crogers@investdavenport.com COPY Page | 4 A. Firm History Headquartered in Richmond, Virginia since 1863, Davenport is an independent full- service investment broker dealer and financial advisory firm. Our firm is a registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board. Davenport offers a blend of investment, research, asset management, investment banking and financial advisor services to help each client design effective solutions to its financial challenges. Davenport’s 450+ employees provide financial services to more than 100,000 clients throughout our footprint. Davenport Public Finance Davenport Public Finance provides financial advisory services to a diverse group of more than 400 public sector clients including cities, counties, towns, utility systems, transportation facilities, public authorities, state governments, and other agencies responsible for public or not-for-profit activities. Above and Beyond Debt Issuance We assist our clients with strategic capital and financial planning grounded in sound analytics and comprehensive financial modeling. Our services include debt management analysis, economic development strategies, project development for both revenue and tax supported ventures, credit ratings, peer group comparisons, credit enhancement, evaluation of new financing techniques, and implementation of funding through public offerings and direct bank loans. In addition, we assist clients with management and investment of operating funds, reserve funds and the proceeds of bond issues. Davenport Organizational Overview Davenport has three primary business lines, each of which represents an integral part of our continued commitment to providing our clients with sound financial advice. Public Finance, which falls under the Fixed Income department, is responsible for coordinating the firm’s Financial Advisory and Investment Advisory efforts to better serve the needs of our clients. Our streamlined organizational structure also gives us the ability to provide value-added services without the unnecessary cost of additional management. Although Public Finance activities fall under the Fixed Income department, both the head of Public Finance and the head of Fixed Income report directly to Davenport’s Chief Executive Officer. COPY Page | 5 Davenport & Company LLC Corporate Profile Company Name: Davenport & Company LLC Organized in: Commonwealth of Virginia Federal Tax ID/SCC#: 54-183-5842 / S018330-3 SEC Registration Date: June 2, 1977 SEC MA Number: 866-00106-00 Established: 1863 Ownership: Employee Owned Headquarters: Richmond, Virginia Employees: 400+ Firm Assets: $124.3 Million Customer Accounts: 97,390 Firm Equity: $46.1 Million Customer Assets: $24.6 Billion Top Financial Advisor in the Region Davenport has consistently ranked as the top financial advisor in the Southeast region, based on the number of publically issued transactions, according to the leading national database for the financial services industry maintained by Thomson Financial. The following table identifies the top ten financial advisors in the Region since 2014. Davenport Financial Advisor Transactions 2014-2018 Georgia Maryland Virginia North Carolina South Carolina Transactions: 332 Par: $17.8 Billion [Remainder of the Page Intentionally Left Blank] 332 249 146 139 127 68 46 40 39 36 0 50 100 150 200 250 300 350 400 Davenport & Company LLC Public Financial Management Inc Compass Municipal Advisors LLC First Tryon Securities LLC Public Resources Advisory Group DEC Associates Inc Public Advisory Consultants Hilltop Securities Ponder & Co FirstSouthwest COPY Page | 6 B. Public Finance Professionals Davenport’s Public Finance professionals serve clients from our public finance offices throughout the Mid-Atlantic and Southeast. 26 professionals provide in-depth account coverage, diverse expertise, and analytic support. Professionals with prior experience as Senior Credit Rating Analysts, Bond Attorney, County Executive, City Manager, Chief Budget Officer, Auditor, Verification Agent and Executive Director of the International City/County Management Association. Median professional finance tenure of 13 years per professional; Over 300 years combined experience. C. Davenport Public Finance Revenues Davenport’s Public Finance department revenues have ranged from $10.5 million to $14.7 million or 8-11% of the Firm’s overall revenues during the last five years. Further, Public Finance revenues associated with financial advisory services (other than health and housing issuers) has been 95-98% of the department’s overall revenues over the last several years. Public Finance Department Location Staff Richmond, VA* 16 Atlanta, GA 2 Charlotte, NC 2 Towson, MD* 3 Leesburg, VA 1 Hilton Head, SC 1 Charleston, SC 1 Total 26 DEPTH EXPERTISE EXPERIENCE *Each Location has 1 research assistant COPY Page | 7 D. Financial Advisory Experience Davenport’s Unmatched Experience in Georgia Davenport serves 38 municipalities throughout the state of Georgia, including 19 in the Metro-Atlanta area. Davenport’s experience working with localities throughout the state has allowed our firm to develop a comprehensive understanding of different types of financial needs and challenges. As Financial Advisor to the City, we will continue to use our wealth of knowledge for the benefit of the City. [Remainder of the Page Intentionally Left Blank] Note: represents a City/School District/Utility System client(s). Shaded counties indicate County clients. Catoosa County School District City of Dalton City of Dahlonega City of Lawrenceville City of Norcross City of Avondale Estates City of Brookhaven City of Chamblee City of Clarkston City of Decatur City of Tucker City of Statesboro Chatham County City of Brunswick Brunswick-Glynn Joint W&S Comm. City of Albany Columbus Consolidated Government Hospital Authority of Columbus Mu scogee County School District City of Hogansville City of Newnan City of Villa Rica Douglasville-Douglas Co. W&S Authority City of Social Circle Walton County Henry County Augusta-Richmond County Columbia County City of East Point City of Canton Cherokee County School District Cobb County Marietta Water Authority Bartow County City of Hahira City of Lake City Washington County Forsyth County City of Milton COPY Page | 8 Understanding of Rating Methodology One reason why we believe that Davenport is uniquely positioned to continue to serve the City as its Financial Advisor is our understanding of the credit rating methodology used by the rating agencies to evaluate issuers. Our understanding is reflected in our proven track record of assisting our clients attain strong initial ratings as well as subsequent upgrades. In 2017, Davenport assisted the City in preparing for its initial rating meetings with Moody’s and S&P, the outcome of which were initial ratings of Aaa/AAA – the highest possible ratings. As shown below, Mr. Rogers and Mr. Gebhardt have assisted their clients in achieving 32 rating upgrades or initial ratings since 2015. Ultimately, an issuer’s credit rating is one of the key drivers that determines its cost of funds when borrowing for projects. If selected to continue to serve as the City’s Financial Advisor, Davenport will continue to work with the City to maintain the City’s very strong Aaa/AAA ratings from Moody’s and S&P. Our approach will involve front end planning and credit evaluation, identifying strengths and weaknesses and determining which areas the City can implement changes that could be viewed as credit positives. Client State Previous Rating (Moody's/S&P/Fitch) Upgraded/Initial Rating (Moody's/S&P/Fitch) Year of Upgrade/Initial Rating Dahlonega, City of Georgia NR/A-/NR NR/A /NR 2019 Westmoreland County Virginia NR/NR/NR Aa2/AA/NR 2018 Southampton County Virginia NR/A+/NR NR/AA-/NR 2018 Brookhaven, City of Georgia NR/NR/NR Aaa/AAA/NR 2018 Caroline, County of Virginia NR/NR/NR Aa2/AA/NR 2018 Augusta Georgia Aa2/NR/NR Aa2/AA/NR 2018 Cherokee County School District Georgia Aa2/AA-/NR Aa2/AA/NR 2018 East Point, City of Georgia A1/A+/NR Aa3/A+/NR 2018 Pulaski County Virginia Aa2/A+/NR Aa2/AA-/NR 2018 Montgomery County Virginia Aa1/AA/NR Aa1/AA+/NR 2018 Milton, City of Georgia NR/NR/NR Aaa/AAA/NR 2017 East Point, City of Georgia NR/A+/NR A1/A+/NR 2017 Decatur, City of Georgia Aa2/AA+/NR Aa1/AA+/NR 2017 Cherokee County School District Georgia Aa3/AA-/NR Aa2/AA-/NR 2017 Walton County Georgia NR/A+/NR Aa2/AA-/NR 2016 Culpeper County Virginia Aa2/AA+/AA Aa2/AA+/AAA 2016 Spotsylvania County Virginia Aa2/AA+/AA+Aa1/AA+/AAA 2016 James City Service Authority Virginia Aa2/AA+/NR Aa1/AAA/NR 2016 Lawrenceville, City of Georgia NR/NR/NR Aa3/AA-/NR 2015 Montgomery County Virginia Aa2/AA/NR Aa1/AA/NR 2015 Leesburg, Town of Virginia Aa1/AAA/AA+Aaa/AAA/AAA 2015 James City County Virginia Aa1/AAA/AAA Aaa/AAA/AAA 2015 Villa Rica, City of Georgia A1/AA-/NR Aa3/AA-/NR 2015 Note: Includes both current and former clients served Upgraded Clients Served by Members of the Proposed Financial Advisory Team COPY Page | 9 Engagements with AAA Issuers Davenport is also uniquely positioned to continue serving the City because of our experience working with ‘AAA’ issuers. Davenport is privileged to have worked with more than 50 ‘AAA’ clients in the Southeast/Mid-Atlantic region. Nearly two-thirds of these ‘AAA’ clients were upgraded to the top rating while being served by Davenport. Our experience has enabled us to develop a thorough understanding of the capital needs required by these types of issuers. As a result, Davenport is fully prepared to continue assisting the City in meeting all of its financial needs. ‘AAA’ Financial Advisory Clients Served *Note: Includes both former and current clients served COPY Page | 10 Understanding of ‘AAA’ Criteria Davenport serves as Financial Advisory to 41 of the 83 ‘AAA’ cities, counties, and towns in Georgia, Maryland, North Carolina, and Virginia as rated by Moody’s and/or S&P. The City has been rated ‘AAA’ by Moody’s and S&P since 2017 when Davenport served as Financial Advisor in connection with the issuance of the City’s 2017 General Obligation Bonds. Davenport’s experience in assisting its clients both obtain and maintain their ‘AAA’ ratings is a testament to our understanding of the ‘AAA’ criteria. This understanding will in turn serve to benefit the City during the course of the formal rating or surveillance process. Source: Bloomberg, EMMA, Moody’s and S&P Publications. 0 5 10 15 20 25 30 35 40 45 Davenport PFM No Advisor DEC Advisors First Tryon Public Resources Advisory Group Raymond James Hilltop Public Advisory Consultants Waters & Co. LLC George K. Baum & Company Stephens Wye River Group 'AAA' Cities, Counties, and Towns Served in Georgia, Maryland, North Carolina, and Virginia COPY Page | 11 Davenport’s Georgia Financial Advisory Transactions Experience In the table below, we have prepared a summary of Davenport’s Georgia Financial Advisory transactions since 2014. All transactions that involved the issuance of General Obligation or Intergovernmental Revenue Bonds in the amount of $10 million or more have been highlighted in blue. On the following pages, we have provided additional details regarding these transactions. [Remainder of the Page Intentionally Left Blank] DateIssuerAmountSale TypeDateIssuerAmountSale Type1/31/2019Brookhaven, City of38,855,000$ Public Market7/26/2016 Catoosa County School District40,000,000$ Public Market12/20/2018 Columbus Consolidated Government7,000,000 Direct Bank Loan 5/19/2016 Cherokee County School District42,685,000 Public Market12/14/2018Albany, City of18,300,000 Direct Bank Loan3/1/2016Walton, County of34,300,000 Public Market10/3/2018Brookhaven, City of12,640,000 Public Market3/1/2016Walton, County of2,365,000 Public Market9/27/2018 Cherokee County School District11,500,000 Direct Bank Loan 1/26/2016Macon-Bibb County UDA4,430,431 Private Placement9/19/2018Decatur, City of5,095,000 Direct Bank Loan 1/26/2016Macon-Bibb County UDA2,000,000 Private Placement8/31/2018Chamblee, City of13,604,185 Direct Bank Loan 1/26/2016Macon-Bibb County UDA2,000,000 Private Placement7/12/2018Augusta4,105,000 Direct Bank Loan 10/9/2015 Douglasville-Douglas W&S Authority44,215,000 Private Placement5/31/2018Augusta26,095,000 Public Market10/9/2015 Douglasville-Douglas W&S Authority29,205,000 Private Placement5/16/2018 Cherokee County School District39,685,000 Public Market8/20/2015Lawrenceville, City of56,740,000 Public Market4/17/2018Whitfield, County of3,200,000 Direct Bank Loan 8/20/2015 Cherokee County School District20,002,500 Direct Bank Loan2/28/2018Clarkston, City of 5,150,000 Direct Bank Loan7/7/2015Columbia, County of 15,000,000 Public Market2/21/2018 Hospital Authority of Columbus27,915,000 Public Market6/12/2015 Cobb County-Marietta Water Authority47,315,000 Public Market2/21/2018 Hospital Authority of Columbus3,395,000 Public Market5/5/2015Macon-Bibb County IA8,250,000 Public Market12/27/2017 Brunswick Glynn Joint W&S Commission34,364,000 Direct Bank Loan 4/30/2015Macon-Bibb County UDA6,240,000 Public Market10/20/2017 Columbus Consolidated Government9,200,000 Direct Bank Loan 4/30/2015Macon-Bibb County UDA12,190,000 Public Market10/18/2017Augusta94,895,000 Public Market2/5/2015 Cherokee County School District108,960,000 Public Market9/28/2017 Cherokee County School District13,750,000 Direct Bank Loan 1/15/2015Villa Rica, City of33,860,000 Public Market9/22/2017 Muscogee County School District25,000,000 Direct Bank Loan 12/23/2014Macon-Bibb, County of3,000,000 Direct Bank Loan7/17/2017Decatur, City of29,625,000 Public Market12/23/2014Macon-Bibb, County of250,000 Direct Bank Loan7/11/2017Augusta12,000,000 Public Market12/23/2014Macon-Bibb, County of50,000 Direct Bank Loan5/15/2017Milton, City of 23,495,000 Public Market 11/20/2014Milton, City of10,000,000 Direct Bank Loan5/3/2017East Point, City of46,055,000 Public Market10/23/2014Canton, City of14,651,000 Direct Bank Loan4/20/2017 Cherokee County School District18,175,000 Public Market9/4/2014Canton, City of5,220,000 Direct Bank Loan12/12/2016Augusta26,115,000 Public Market8/22/2014 Cherokee County School District21,000,000 Direct Bank Loan9/22/2016 Cherokee County School District15,500,000 Direct Bank Loan2/6/2014 Cherokee County School District81,315,000 Public MarketDavenport & Company Georgia Financial Advisory Deal List (2014 - Present)Davenport & Company Georgia Financial Advisory Deal List (2014 - Present)COPY Page | 12 In order to add the most value for the City when executing a transaction, we will be able to draw upon the breadth of our experience to deliver the strongest results regardless of financing type. Some of the characteristics of the financings that Davenport has assisted our Georgia clients with include the following: Although Davenport has unmatched experience assisting in the execution of transactions, we believe in a full service approach to acting as Financial Advisor. This means providing the highest standard of advice across all aspects of our clients’ finances rather than just emphasizing transaction execution. Our holistic perspective is evident when considering the breadth of assignments and services which we provide our clients. On the following pages, we have presented a series of capsules summarizing key aspects of the relationships maintained with existing clients. Where applicable, Davenport has highlighted in blue financings that involved either General Obligation Bonds or Intergovernmental Revenue Bonds in the amount of $10 million or higher. [Remainder of the Page Intentionally Left Blank] Competitive Sales Negotiated Sales Direct Bank Loans Public Market Financings Economic Development Projects Refinancings Equipment Lease Financings Restructurings GEFA Loans SPLOST Bonds General Obligation Bonds Tax Anticipation Notes Intergovernmental Agreement Bonds Utility Revenue Bonds Davenport's Project Financing Experience COPY Page | 13 COPY Page | 14 COPY Page | 15 COPY Page | 16 COPY Page | 17 COPY Page | 18 COPY Page | 19 E. Client References In the table below, we have provided a full list of contact information for each of our 38 Georgia clients. Please contact any of them for a reference. On the following page, we have selected the City of Brookhaven, Augusta, and the City of Decatur. Davenport has served each of these clients on numerous financings similar in nature to the one being contemplated by the City. Furthermore, we have provided each of these clients with a host of non-transaction related services that we would be able to also deliver for the City. The list below is a comprehensive contact list for all of our Georgia clients. Capsules for some clients were not included on the preceding pages because a transaction has not been completed yet. ClientPrincipal Contact RoleAddressPhoneEmailAlbany, City ofDerrick L. Brown Finance Director 22 Pine Avenue, Suite 460 P.O. Box 447, Albany, GA 31702 (229) 431-2194 debrown@albanyga.govAugustaTim SchroerDeputy Finance Director 535 Telfair Street, Augusta, GA 30901(706) 821-1741 tschroer@augustaga.govAvondale Estates, City ofPatrick Bryant City Manager21 North Avondale Plaza, Avondale Estates, GA 30002(404) 294-5400 pbryant@avondaleestates.orgBartow CountyPeter OlsonCounty Administrator 135 W Cherokee Ave Cartersville, GA 30120(770) 387-5030 olsonp@bartowga.orgBrookhaven, City ofSteve Chapman Assistant City Manager 4362 Peachtree Road, Brookhaven, GA 30319(404) 637-0620 steve.chapman@brookhavenga.govBrunswick-Glynn Joint Water and Sewer Commission John Donaghy Director of Finance 1703 Gloucester St., Brunswick, GA 31520(912) 261-7137 jdonaghy@bgjwsc.orgBrunswick, City of Jim DrummCity Manager1725 Reynolds St. Suite 300, Brunswick, Georgia 31520(912) 265-4610 jdrumm@cityofbrunswick-ga.govCanton, City of Nathan Ingram Chief Financial Officer 151 Elizabeth Street Canton, GA 30114(770) 704.1523 nathan.ingram@cantonga.gov Catoosa County School DistrictBlake Stansell Finance Manager 307 Cleveland Street Ringgold, Georgia 30736(706) 965-2297 bstansell@catoosa.k12.ga.usCherokee County School DistrictKen OwenAssistant Superintendent 1205 Bluffs Parkway, Canton, GA 30114(770) 704-4267 Ken.Owen@cherokeek12.netChamblee, City of Jon WalkerCity Manager5468 Peachtree Road, Chamblee, GA 30341(470) 395-2307 JWalker@chambleega.govChatham CountyLee SmithCounty Manager 124 Bull Street Suite 220 Savannah, GA 31401(912) 652-7869 leesmith@chathamcounty.orgClarkston, City of Keith BarkerCity Manager1055 Rowland St Street, Clarkston, Georgia 30021(404) 296-6489 kbarker@cityofclarkston.comColumbus Consolidated GovernmentIsaiah HugleyCity Manager100 10th Street P.O. Box 1340, Columbus, GA 31902(706) 653-4029 ihugley@columbusga.org Columbia CountyScott Johnson County Administrator Bldg C, 3rd Floor, Ronald Reagan Drive, Evans, Georgia 30809 (706) 868-3423 sjohnson@columbiacountyga.govCobb County-Marietta Water Authority Allison Clements Director of Finance 1170 Atlanta Industrial Drive, Marietta, GA 30066(770) 514-5210 aclements@ccmwa.orgDahlonega, City of Melody Marlowe Finance Director 465 Riley Road, Dahlonega, GA 30533(706) 482-2706 mmarlowe@dahlonega-ga.govDalton, City of Cindy Jackson Finance Director 300 West Waugh Street, Dalton, GA 30720(706) 278-6006 cjackson@cityofdalton-ga.govDecatur, City of Peggy Merriss City Manager509 N. McDonough St., Decatur, GA 30031(404) 370-4102 peggy.merriss@decaturga.comDouglasville-Douglas County Water and Sewer Thomas W. Alger Chief Financial Officer 8763 Hospital Drive, PO Box 1157, Douglasville, GA 30134 (770) 920-3841 talger@ddcwsa.comEast Point, City of Fred Gardiner City Manager 1526 East Forrest Avenue, Suite 400, East Point, Georgia 30344 (404) 270-7017 fgardiner@eastpointcity.orgForsyth, County of Dave GruenChief Financial Officer 110 East Main Street Cumming GA 30040(678) 513-5850 dggruen@forsythco.comHahira, City of Jonathan Sumner City Manager102 South Church Street Hahira, GA 31632(229) 794-2330 jsumner@hahiraga.govHogansville, City of David MillironCity Manager400 East Main Street, Hogansville, GA 30230(706) 637-8629 david.milliron@cityofhogansville.orgHospital Authority of ColumbusRick AlibozekChief Financial Officer 8414 Whitesville Road, Columbus, Georgia 31904(706) 225-1630ralibozek@hacga.comHenry CountyCheri Hobson-Matthews County Manager 140 Henry Parkway, McDonough, GA 30253(770) 288-6427 cmatthews@co.henry.ga.usLake City, City ofChris LeightyCity Manager5455 Jonesboro Road, Lake City, GA 30260(404) 366-8080 cleighty@lakecityga.netLawrenceville, City of Steve NorthAssistant City Manager 70 South Clayton Street, Lawrenceville, Georgia 30046(678) 407-6393 Steve.North@lawrencevillegaweb.orgMilton, City of Stacey InglisAssistant City Manager 2006 Heritage Walk, Milton, GA 30004(678) 242-2508 stacey.inglis@cityofmiltonga.usMuscogee County School DistrictTheresa Y. Thornton Chief Financial Officer 2960 Macon Road, Columbus, Georgia 31902(706) 748-2354 thornton.theresa@muscogee.k12.ga.usNewnan, City of Cleatus Phillips City Manager25 LaGrange Street, Newnan GA 30264(770) 254-2358 cphillips@cityofnewnan.orgNorcross, City of Rudolph Smith City Manager65 Lawrenceville St., Norcross, GA 30071(770) 448-1734 rsmith@norcrossga.netSocial Circle, City of Adele Schirmer City Manager166 N Cherokee Rd PO Box 310, Social Circle, GA 30025(770) 464-6902 aschirmer@socialcirclega.comStatesboro, City of Cindy WestDirector of Finance 50 E. Main St, Statesboro, GA 30458(912) 764-0652 cindy.west@statesboroga.govTucker, City of Tami HamlinCity Manager4119 Adrian Street, Tucker, Georgia 30084(678) 597-9040 thanlin@tuckerga.govVilla Rica, City of Sarah HeftyChief Financial Officer 571 W Bankhead Highway, Villa Rica, GA 30180 (678) 840-1220 shefty@villarica.orgWalton CountyLinda HannaDirector of Finance 303 S Hammond Drive Suite 333, Monroe, GA 30655(770) 266-1726 linda.hanna@co.walton.ga.usWashington County Development AuthorityR. Jayson Johnston Executive Director 603 South Harris Street Sandersville, GA 31082(478) 521-6000 jjohnston@washingtondev.comDavenport's Georgia Clients Contact ListCOPY Page | 20 Davenport’s Georgia Financial Advisory Client References Brookhaven, Georgia 4362 Peachtree Road Brookhaven, Georgia 30319 Davenport was hired by the City of Brookhaven to serve as its Financial Advisor in 2018 after participating in the City’s competitive Request for Information (RFI) Process. Since being hired as the City’s Financial Advisor, Davenport has assisted the City in executing two transactions, achieving initial credit ratings, reviewing and enhancing its financial policies, and capital planning. Relevance to Milton 1) Located in the greater Atlanta area with a similar population, demographic profile, and capital needs. 2) Initial Aaa/AAA ratings from both Moody’s and S&P. 3) Uses dedicated debt service millages to fund a portion of its debt service obligations. 4) Has historically issued debt as both General Obligation and Intergovernmental Revenue Bonds. Davenport’s Financial Advisory Approach / Nature of Services During the course of our engagement with the City, Davenport has assisted the City in a number of different areas including those outlined below: Transactional Experience − Facilitated the issuance of both General Obligation and Intergovernmental Revenue Bonds in the public market via a competitive sale. − Assisted the City with its rating agency meetings and helped the City secure initial Aaa/AAA ratings from both Moody’s and S&P. − Conducted comprehensive cash flow analysis to match hotel/motel tax revenue with debt service obligations. − Recommended conservative referendum parameters for General Obligation issuance (i.e. principal repayment structure, not to exceed par amounts and interest rates). − Presented results of rating meetings and bond sales to City Council. Non-Transaction Experience − Evaluated existing financial policies and recommend changes in advance of initial meetings with the rating agencies. Primary Bankers Courtney E. Rogers Doug Gebhardt Credit Ratings Aaa/AAA (Moody’s/S&P) Reference Contact Christian Sigman City Manager Steve Chapman Assistant City Manager/Chief Financial Officer Contact Information christian.sigman@brookhavenga.gov (404) 637-0513 steve.chapman@brookhavenga.gov (404) 270-7017 COPY Page | 21 Augusta-Richmond County, Georgia 535 Telfair Street Augusta, Georgia 30901 Augusta, Georgia is located east of Atlanta with approximately 200,000 residents and roughly $150 million General Fund Revenues. Courtney and Doug began serving Augusta in July 2016 after unseating the incumbent advisor by going through a request for proposal process. Despite our relatively short time serving as advisor, Davenport has performed a number services as outlined below. Relevance to MIlton 1) Has historically issued debt as both General Obligation and Intergovernmental Revenue Bonds. 2) Desire and expectation to maintain and enhance strong ratings from both Moody’s and S&P. 3) Economic Development prospects requesting local support. Davenport’s Financial Advisory Approach / Nature of Services Since being hired as Augusta’s Financial Advisor in 2016, Davenport has assisted Augusta in a number of areas. Below are some of the highlights: Presentation of a bond education workshop to the elected body including but not limited to debt capacity/affordability analysis, peer comparisons, financing options and plan(s) of finance. Assisted in achieving initial AA General Obligation rating from S&P. Evaluation of potential refunding opportunities. Evaluation of Economic Development proposals. – The Foundry – Reviewed developer pro-formas, financing documents, financing structure for a 221 unit apartment community. Ultimately, Augusta issued $26 million in support of the development. – The Depot Project - $90 million mixed use development in downtown where developer is requesting $14 million from Augusta through the DDA to support the project. This project is currently in the due diligence phase. Transactional Experience: – Competitive Public Sales and Direct Bank Loans. – Various Credit Types (General Obligation, Intergovernmental, SPLOST). – Investment of Bond Proceeds (Laddered Treasury Portfolio). – All told, Davenport has advised on 6 transactions since becoming Augusta’s Financial Advisor in 2016. The combined par amount for these transactions totals $163 million. Primary Bankers Courtney E. Rogers Doug Gebhardt Credit Rating Aa2/AA/AA Reference Contact Timothy E. Schroer Deputy Director - Finance Contact Information tschroer@augustaga.gov (706) 821-1741 COPY Page | 22 Decatur, Georgia 509 N. McDonough St. Decatur, Georgia 30031 The City of Decatur is located in DeKalb County approximately 35 miles from the City of Milton. Decatur has a population of 22,000 and a General Fund budget of approximately $24 million. Courtney and Doug began serving as Financial Advisor to Decatur in 2017 upon the retirement of their former advisor. Relevance to Milton 1) Located in the greater Atlanta area with a similar population, demographic profile, and capital needs. 2) Desire and expectation to maintain and enhance strong ratings from both Moody’s and S&P. 3) Has historically issued debt as both General Obligation and Intergovernmental Revenue Bonds. Davenport’s Financial Advisory Approach / Nature of Services During the course of our engagement with the City, Davenport has assisted the City in a number of different areas including those outlined below: Transactional Experience − Facilitated the issuance of both General Obligation and Intergovernmental Revenue Bonds in the public market and via direct bank loans. − Assisted with the preparation for and the issuance of a SPLOST Bond. − Met with the City and the rating agencies and helped the City achieve an upgrade from Moody’s to ‘Aa1’ and an affirmation of its ‘AA+’ S&P rating. − Helped the rating agencies contextualize the City’s high debt levels by emphasizing that City and School debt should be viewed separately. Non-Transaction Experience − Evaluated existing financial policies and identified areas that could be improved to more closely match rating agency criteria and industry best practices. − Prepared numerous debt capacity analyses in preparation for future and potential financings. − Reviewed economic development initiatives including a potential Tax Allocation District. − In the process of developing an investment management program for the City’s operating funds. Primary Bankers Courtney E. Rogers Doug Gebhardt Credit Ratings Aa1/AA+ (Moody’s/S&P) Reference Contact Andrea Arnold City Manager Contact Information andrea.arnold@decaturga.com (404) 370-4102 COPY Page | 23 Overview of Additional Georgia Client Engagements As previously stated, Davenport believes that the role of a Financial Advisor extends beyond the execution of transactions. Below and on the following pages, we have provided highlights of other advisory services that Davenport offers our clients. This is not intended to be an exhaustive list. However, we believe that it provides perspective on the wide array of areas where we can continue to add value as the City’s Financial Advisor. [Remainder of the Page Intentionally Left Blank] City of Statesboro Client Since: 2018 Reference: Cindy West Director of Finance cindy.west@statesboroga.gov (912) 764-0631 Additional Work Completed: Financial Review Financial Policy Evaluation Capital Planning Peer Comparative Analysis Debt Capacity / Affordability Evaluation Stormwater Rate Evaluation Statesboro – Tax Allocation District Planning At the end of 2018, the City of Statesboro successfully created the Old Register Tax Allocation District (the “TAD”). Together, the City, Bulloch County, and the County Board of Education have all pledged their increment for the TAD. At this time, the City is currently in the planning stages for potential capital improvements in the TAD including a substantial road and infrastructure improvement project. Davenport and the City are in the process of evaluating potential funding options for the desired improvements. As part of Davenport’s analysis, we have been working to develop a series of pro formas that project TAD revenue collections versus what the City could be paying in debt service to finance the improvements under various scenarios. Davenport’s analysis to this point has centered on developing a funding structure whereby the City is able to avoid needing to come up with non- TAD dollars to cover its debt service. COPY Page | 24 Cobb County Marietta Water Authority Client Since: 2014 Reference: Allison Clements Finance Director aclements@ccmwa.org (770) 514-5210 Additional Work Completed: Transaction Credit Ratings Financial Review Capital Planning Cobb County Marietta Water Authority – Investment Management Services Davenport has served the Cobb County Marietta Water Authority as its Financial Advisor since 2015. Since that time, Davenport has advised the Authority on the management of its approximately $190 million investment portfolio. On a monthly basis, Davenport assists the Authority in the preparation of a holdings summary as well as its accounting entries for its board meetings. As part of its assessment of the Authority’s holdings, Davenport makes a recommendation on new investment opportunities and also solicits bids for the recommended securities on the Authority’s behalf. Every quarter, Davenport prepares a review of the Authority’s portfolio and presents an update to the Board in the form of a formal presentation summarizing the quarter's activity. Augusta Client Since: 2016 Reference: Tim Schroer Deputy Finance Director tschroer@augustaga.gov (706) 821-1741 Additional Work Completed: 5 Transactions Credit Ratings Capital Planning Economic Development Bonds 101 Financial Policy Evaluation Utility System Work Peer Comparative Analysis Augusta – Economic Development Project Assessment Over the course of several months in 2018 and now into 2019, Davenport has been advising Augusta as it considers a development project that includes a 140 unit apartment complex, a 100,000 square foot office building, the renovation of Augusta’s historic Depot Building, a parking deck, and certain retail space. Under the original proposal for the development project, Augusta would provide partial funding for the project in the amount of approximately $14 million through bond proceeds. The remaining portion of the project would be funded by the developer. As part of its work with Augusta on this project, Davenport collaborated with Augusta’s Administration and Finance staff along with its legal team to accomplish the following: 1) Consideration of creative financing mechanisms such as interest only periods and capitalized interest to enable a portion of the project to be paid with future SPLOST revenues; 2) Review and evaluation of the developer agreement to clearly illustrate for Augusta the requirements and expectations of all parties involved; and, 3) Development of a series of pro formas and projections that sought to evaluate whether or not the anticipated tax revenues from the project would be sufficient to cover the debt service. COPY Page | 25 City of Chamblee Client Since: 2017 Reference: Jon Walker City Manager jwalker@chambleega.gov (470) 395-2310 Additional Work Completed: Capital Planning Financial Policy Evaluation Peer Comparative Analysis Debt Capacity / Affordability Evaluation City of Chamblee – Comprehensive Financial Review / Refinancing Transaction In March 2018, Davenport conducted a comprehensive financial review for the City of Chamblee, Georgia As part of the financial review, Davenport evaluated the City’s historical financial results, provided peer comparative analysis, evaluated the City’s existing debt profile, and recommended the implementation of certain key financial policies. During its evaluation of the City’s existing debt, Davenport identified an obligation whose interest rate was scheduled to reset in 2019. After reviewing the bond, Davenport recommended that the City consider pursuing a refinancing in order to avoid the variable rate period. Over the course of the next several months, Davenport worked with the City to execute the refinancing through a direct bank loan. The refinancing successfully closed in September 2018. City of Norcross Client Since: 2017 Reference: Rudolph Smith City Manager rsmith@norcrossga.net (678) 421-2027 Additional Work Completed: Financial Review Financial Policy Evaluation Capital Planning Peer Comparative Analysis Debt Capacity / Affordability Evaluation Norcross – Multi-Year Budget Modeling In late 2018, Davenport began working with the City of Norcross to develop a Five Year Financial Plan to provide the City with perspective on how potential decisions can influence the City’s financial operations for the foreseeable future. The purpose of the plan is to supplement the City’s budget process and provide the City with a tool to help evaluate the sufficiency of various revenue streams for covering expenditures. In order to facilitate the development of this Plan, Davenport has been working with the City to create an interactive model that enables Davenport and the City to project revenues and expenditures for the City’s General Fund based upon changes in different variables. For example, Davenport’s model enables the City to see how its overall operations would change based upon tax rate changes, increases/decreases in transfers, use of fund balance etc. Davenport and the City are still in the process of developing this model and will continue to make refinements and changes as directed by Council and staff. COPY Page | 26 4│Technical Proposal A. Key Team Members Davenport’s proposed Financial Advisory Team for the City will be composed of proven professionals with extensive experience in all aspects of the engagement. The team we have assembled to serve this engagement has worked on a wide range of challenging and demanding assignments and will carefully allocate responsibilities within the team to provide continuity, responsiveness, and high caliber service on all assignments. We are confident the team will provide the City with this caliber of service going forward. Mr. Courtney E. Rogers, Senior Vice President and Manager of Davenport’s Georgia Practice, will serve as the manager of the engagement between the City and Davenport and the senor day-to-day point of contact. Mr. Rogers will personally take the lead in assisting the City with the development of a Plan of Finance, transaction execution, and providing general advisory services. Mr. Douglas J. Gebhardt, Vice President, will serve as an additional day-to-day point of contact between Davenport and the City. Mr. Gebhardt advises our Georgia clients from Davenport’s Atlanta office which is approximately 30 miles away from the City. Along with Mr. Gebhardt, Mr. Ricardo Cornejo, a First Vice President in Davenport’s Atlanta office, will provide additional support to the engagement as needed. Ms. Jennifer Diercksen, First Vice President, joined the firm in 2016 and is a former Moody’s state lead analyst. Ms. Diercksen will provide credit related insights as needed. Ms. Diercksen’s experience as a rating analyst and her knowledge of the methodology will prove invaluable to the City as Davenport and the City work to identify credit strengths, weaknesses, and opportunities. Ms. Diercksen will be particularly helpful in providing credit rating insights as the City nears its Debt Ratio guidelines. Mr. Alex Hock, Analyst, will provide technical and logistical assistance to Mr. Rogers, Mr. Gebhardt, Mr. Cornejo, and Ms. Diercksen including debt structuring analyses, bond sale execution, and debt portfolio monitoring for refunding opportunities. Resumes for all of the members of the proposed Financial Advisory team may be found on the following pages. [Remainder of the Page Intentionally Left Blank] COPY Page | 27 Other Davenport Professionals David P. Rose Co-Manager of Public Finance Ted Cole, III Co-Manager of Public Finance B. Mitch Brigulio, Jr. Senior Vice President Jimmy Sanderson Senior Vice President Roland M. Kooch Senior Vice President Bob O’Neill Senior Vice President Joseph D. Mason Senior Vice President Ty Wellford Senior Vice President Kyle Laux Senior Vice President James M. Traudt Senior Vice President R.T. Taylor Vice President Susan E. Ostazeski Vice President Griffin W. Moore Associate Vice President Leah C. Schubel Associate Vice President Gary LeClair Associate Vice President Linda Moran Associate Vice President Mitchell Crowder Analyst Tim Magier Analyst Ben Wilson Analyst Brandon DeCoste Analyst Caitlyn Melby Research Assistant COPY Page | 28 Courtney E. Rogers Engagement Manager & Senior Day-to-Day Contact 30 Years of Experience Mr. Rogers has nearly 30 years of municipal finance experience. Mr. Rogers specializes in local government finances including the quantitative aspects of financings, cash flow analysis, multi-year financial forecasting, multi-year capital planning, debt capacity studies, rating agency interaction, debt issuance strategies, advance refunding debt restructuring, financing alternative sensitivity analysis, tax district analysis and execution for general government projects, economic development projects, water/sewer enterprise projects, and, school projects. In 2008, Mr. Rogers was the author of a $35 million General Fund budget for a Virginia County who, at the time, did not have a Budget or Finance Director. Other work includes executing complex new money and refunding transactions, creating custom financial forecasts, creating utility rate models, structuring refunding escrows using both open market securities and SLGS, creating debt capacity models, creating cash flow models and analyzing refunding and restructuring options for multi-jurisdictional authorities. Mr. Rogers began his financial advisory career with Wheat First Butcher Singer in 1992, and joined Davenport & Company in 1998. Prior to joining Wheat, he served as a Senior Consultant for Ernst & Young in Birmingham, Alabama where he performed Verification of Advance Refundings for municipal bonds and Arbitrage Rebate calculations. He recently served as co-editor for the fourth edition of the AWWA M29 Fundamentals of Water Utility Capital Financing Manual. He is a member of the Georgia GFOA, the Virginia GFOA, the Georgia Association of Water Professionals, Georgia City County Managers Association and Virginia Water and Waste Authorities Association. He is a member of the Board of Directors for Davenport & Company LLC. Education 1985-1989 University of Alabama Experience 1998-Present 1992-1998 1989-1992 Senior Vice President, Davenport & Company LLC, Richmond, VA Vice President, Wheat First Securities, Richmond, VA Senior Consultant, Ernst & Young, Birmingham, AL Licenses Held Series 7 Series 50 Series 52 Series 63 Series 65 Series 24 General Securities Representative Municipal Advisor Representative Municipal Securities Representative Uniformed Securities Agent State Law Examination Uniform Investment Advisor Law Examination General Securities Principal Select Clients Served City of Milton, GA Columbus, GA City of Canton, GA City of Albany, GA Cobb-Marietta Water Auth. Brunswick Glynn Joint W&S City of Lawrenceville, GA Cherokee County Schools, GA Augusta, GA City of East Point, GA City of Brunswick, GA City of Brookhaven, GA Columbia County, GA City of Villa Rica, GA Decatur, GA Henry County, GA Norcross, GA Chamblee, GA Courtney E. Rogers Senior Vice President Public Finance One James Center 901 East Cary Street, Suite 1100 Richmond, Virginia 23219 (804) 347-9692 crogers@investdavenport.com Davenport & Company LLC Member NYSE|FINRA|SIPC COPY Page | 29 Douglas J. Gebhardt Day-to-Day Contact 6 Years of Experience Mr. Douglas J. Gebhardt joined Davenport Public Finance in June 2012 and has since worked with Mr. Rose and Mr. Rogers on numerous client engagements. Mr. Gebhardt performs a variety of tasks including custom financial pro forma modeling, conducting capital funding and debt capacity analysis, performing investment portfolio analysis, creating comparative ratio analysis, and is experienced in analyzing complex new money, refunding, and restructuring bond sizings using DBC. Since joining Davenport, Mr. Gebhardt has provided a wide variety of both transaction and non-transaction services to Davenport’s financial advisory clients. Transaction related work includes the execution of both new money and refunding financings in both the public market as well as direct bank loans. Since joining Davenport six years ago, Mr. Gebhardt has advised on over 175 transactions totaling over $5.5 billion in par amount. The financings that Mr. Gebhardt has completed include SPLOST Bonds, Intergovernmental Revenue Bonds, Utility Revenue Bonds, and General Obligation Bonds. Additionally, Mr. Gebhardt has experience assisting clients with projects that involve Tax Allocation Districts. Non-transactional work experience includes, among other projects, advising on economic development initiatives, completion of capital planning analysis, utility system rate studies, credit rating work, investment of bond proceeds and financial policy assessment. Mr. Gebhardt is a member of the Georgia GFOA, the Virginia GFOA, the Georgia Association of Water Professionals, Georgia City County Managers Association, Association County Commissioners of Georgia, and the Georgia Association of School Business Officials. Education 2008-2012 Amherst College Experience 2012-Present Vice President, Davenport & Company LLC Licenses Held Series 7 Series 52 Series 66 Series 50 General Securities Representative Municipal Securities Representative Uniform Securities Agent Municipal Advisor Representative Select Clients Served City of Milton, GA Columbus, GA City of Canton, GA City of Statesboro, GA Cobb-Marietta Water Auth. Brunswick Glynn Joint W&S City of Tucker, GA City of Lawrenceville, GA Cherokee County Schools, GA Augusta, GA City of East Point, GA City of Brunswick, GA City of Albany, GA City of Dalton, GA City of Dahlonega, GA Walton County, GA City of Decatur, GA Henry County, GA City of Social Circle, GA City of Chamblee, GA City of Brookhaven, GA Douglas Gebhardt Vice President Public Finance Cumberland Riverwood 3350 Riverwood Parkway, Suite 1900 Atlanta, Georgia 30339 (404) 825-9467 dgebhardt@investdavenport.com Davenport & Company LLC Member NYSE|FINRA|SIPC COPY Page | 30 Ricardo Cornejo Engagement Support 25 Years of Experience Ricardo Cornejo has 25 years of government financing experience, serving cities, counties, school districts, and 501(c)(3)’s in the Southeast United States. He has been involved in hundreds of financings for water and sewer utilities, schools districts, infrastructure financing, economic development, detention centers and solid waste. Mr. Cornejo has worked on debt issuance strategies, advance refunding, debt restructuring, and economic development projects in Georgia. During his time at Davenport, Mr. Cornejo has engineered new business development to grow the State’s public finance client base. He has worked with the Georgia team on financings that include Intergovernmental Revenue Bonds, Utility Revenue Bonds, SPLOST Bonds and General Obligation Bonds. Prior to joining Davenport in 2015, Mr. Cornejo worked within the government and institutional divisions of BB&T, Royal Bank of Canada and Regions Bank in the Georgia market. During his tenure with these institutions, Mr. Cornejo was responsible for complex governmental funding solutions, treasury management services and investment management services for municipalities throughout Georgia. He is a First Vice President with Davenport and a member of the Georgia GFOA, GMA and ACCG. In addition, he has co- authored articles for the GGFOA e-newsletter and has presented at conference during his banking career. Education 1978-1982 University of Maryland 1984-1986 Clemson University Experience 2015-Present 2009-2015 2004-2009 First Vice President, Davenport & Company LLC, Richmond, VA Vice President, Regions Bank, GA Vice President, Royal Bank of Canada, GA Licenses Held Series 52 Series 63 Series 50 Municipal Securities Representative Uniform Securities Agent Municipal Advisor Representative Select Clients Served City of Statesboro, GA City of Chamblee, GA Henry County, GA City of Albany, GA City of Tucker, GA City of Clarkston, GA City of Augusta, GA Bartow County, GA City of Brunswick, GA City of Dalton, GA Brunswick Glynn Joint W&S City of Norcross, GA City of Dahlonega, GA City of Hahira, GA City of Brookhaven, GA Ricardo Cornejo First Vice President Public Finance Cumberland Riverwood 3350 Riverwood Parkway, Suite 1900 Atlanta, Georgia 30339 (404) 865-4040 rcornejo@investdavenport.com Davenport & Company LLC Member NYSE|FINRA|SIPC COPY Page | 31 Jennifer L. Diercksen Credit Ratings Expertise 14 Years of Experience Jennifer L. Diercksen has 14 years of experience in the public finance sector, serving as a financial management consultant for the federal government, a senior ratings analyst for Moody’s Investors Service, and a financial advisor to state and local governments throughout the mid-Atlantic region. She acts as a resource to each of Davenport’s professional advisors on credit rating strategy across all sectors covered by the firm and assists with the development of rating presentations for clients. Prior to joining Davenport, Ms. Diercksen was an Associate Vice President in the Public Finance Department of Moody’s Investors Service. During her six-year career at Moody’s, Ms. Diercksen‘s focus was on the local governments in the eastern region of the United States, where she was responsible for rating various debt securities including general obligation, lease, revenue, tax increment, and state enhanced bonds. More specifically, she acted as state lead for Delaware, Maryland, Pennsylvania, Virginia, and West Virginia, and was an active back-up analyst in the states of Alabama, South Carolina, and Tennessee. Ms. Diercksen has spoken at multiple state conferences and other forums on Moody’s methodologies, pension adjustments, and overall rating process. She has authored numerous articles on local government issues including the financial impact on Maryland counties from the state pass-down of teacher pension costs and the recent ruling on the Wynne Case, as well as the financial and rating implications for Pennsylvania school districts in light the fiscal 2016 budget impasse. While at Moody’s, Ms. Diercksen also assisted in drafting the “US Municipal Utility Revenue Debt” and “US Local Government General Obligation Limited Tax Debt” methodologies. Ms. Diercksen holds a B.A. in economics from the University of Maryland – College Park and an M.P.A. from the Maxwell School at Syracuse University. She is a member of the Maryland Government Finance Officers Association and is a past member of Northeast Women in Public Finance. Jennifer Diercksen First Vice President Public Finance Maryland Executive Park 8600 LaSalle Road, Suite 324 Towson, Maryland 21286 (410) 296-9426 jdiercksen@investdavenport.com Davenport & Company LLC Member NYSE|FINRA|SIPC Education 2000-2004 2008-2009 University of Maryland – College Park Syracuse University – Maxwell School 2000-2004 2008-2009 University of Maryland – College Park Syracuse University – Maxwell School Experience 2016-Present 2010-2016 2007-2010 2004-2006 First Vice President, Davenport & Company LLC Assistant Vice President, Moody’s Investors Service Consultant, Deloitte Consulting – Federal Government Practice Auditor, U.S. House of Representatives – Appropriations Committee Licenses Held Series 50 Series 52 Series 63 Municipal Advisor Representative Qualification Examination Municipal Securities Representative Examination Uniform Securities Agent State Law Examination COPY Page | 32 Alex Hock Analytical Support Mr. Hock joined Davenport Public Finance as an Analyst in 2017 and has since worked closely with Mr. Rogers on many client engagements throughout the Mid- Atlantic region. He provides analytical support and assists in a variety of tasks, including investment management, developing financial pro forma models, comparative ratio analysis, financial policy analysis and the use of DBC to analyze potential new money and refunding opportunities for clients. [Remainder of Page Intentionally Left Blank] Alex Hock Analyst Public Finance One James Center 901 East Cary Street, Suite 1100 Richmond, Virginia 23219 (804) 915-2748 ahock@investdavenport.com Davenport & Company LLC Member NYSE|FINRA|SIPC Education 2014 – 2017 University of Virginia Licenses Held Series 50 Series 63 Municipal Advisor Representative Uniform Securities Agent COPY Page | 33 B. Financial Advisor Methodology Davenport & Company LLC is a fully registered Municipal Advisory firm with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board as required by the Dodd-Frank Act. As detailed in the cover letter of this response, Davenport’s experience working with the City of Milton has enabled us to develop a thorough understanding of the City’s finances, objectives, opportunities, and challenges. If re-hired by the City, Davenport would continue to apply our pro-active advisory approach that has helped contribute to the City’s continued financial success. As the City is well aware, we firmly believe that there is no “one size fits all” solution that can be employed to solve the needs of every client. We place an emphasis on working together with City staff to develop a customized approach and work plan that will effectively address the scope of services that the City is looking to fulfill. As a full service Financial Advisor, we believe that serving the City does not begin and end with a debt financing. Rather, we emphasize working with the City on a regular basis on additional services which include but are not limited to financial health assessment, ongoing capital planning, credit rating analysis, assessment of financial policies and assistance with budgetary modeling. We believe that involvement in these planning stages serves to streamline future financings and ensure that the City funds its projects at the lowest cost. On the following pages, Davenport has presented our Financial Advisory approach which describes some of the key services and deliverables that Davenport would continue to provide as Financial Advisor to the City. Phase 1│Financial Health Update: • Review of Historical Financial Performance • Peer Comparative Analysis • Review of Financial Policies • Evaluation of Key Financial Ratios • Review of Existing Debt Profile • Preliminary Debt Capacity/Affordability Analysis Phase 2│Plan of Finance Development: • Analyze Debt Capacity and Affordability • Evaluate Potential Financing Approaches • Develop Credit Rating Strategy • Present Plan to City Leadership Phase 3│Transaction Execution and Logistics: • Advise on Plan of Finance Implementation • Coordinate Financing Working Group • Prepare and Review Financing Documents • Execute Credit Rating Strategy • Bond Sale and Direct Bank Loan Logistics • Alternative Financing Implementation. Phase 4│Closing and Post-Closing Matters: • Investment of Bond Proceeds • Monitor Debt Portfolio • Update Financial Model with Actual Results • Provide Computer and Analytical Support • Assist with Capital Planning Process • Rating Surveillance. Phase 1: Financial Health Update Phase 2: Plan of Finance Development Phase 3: Transaction Execution and Logistics Phase 4: Closing/Post‐ Closing Matters COPY Page | 34 Davenport’s approach to serving the City emphasizes ongoing involvement in monitoring the City’s Financial Health. Early involvement with planning enables Davenport and the City to complete certain key planning tasks including capital funding analysis, debt capacity and affordability analysis, credit rating assessment, financial policy review, sensitivity analysis of pay-as-you-go capital, etc. After the planning work is completed, Davenport continues to assist our clients through all aspects of the debt issuance process through closing and post-closing. Below and on the following pages, we have outlined a proposed plan of action for addressing the City’s Scope of Services as outlined in the RFP based upon Davenport’s understanding of the City’s current financial position, debt profile and preferred approach to addressing capital needs. Phase 1│Financial Health Update As previously described, Davenport believes that serving as our clients’ Financial Advisor goes beyond transaction execution. Rather, we emphasize a full service approach that encompasses a host of core advisory services that are designed to develop solutions to improve our clients’ overall financial position. We believe that constant monitoring of financial health is essential in order to ensure that our clients remain a very strong credit. This will ultimately help to minimize borrowing costs which permits more projects to be financed at a lower cost to the taxpayers. If selected to continue serving as the City’s Financial Advisor, Davenport proposes that Phase 1 of our engagement focus on developing an updated evaluation of the City’s current financial health. This will enable Davenport and the City to take big picture view of where the City is currently with respect to a number of key practices, metrics, and trends and evaluate whether or not there are improvements that could be made. We believe that this evaluation is essential to ensuring that Davenport and the City have a holistic view of the City’s finances prior to executing a transaction. Davenport’s proposed plan for this phase includes the Key Deliverables for the City described below. Once rehired by the City, Davenport will work to develop a timeline for execution that fits in with the City’s preferred financing timeline. As needed, more involved deliverables could be prepared after the completion of the financing or in conjunction with the execution of the financing (i.e. in advance of any rating meetings). Phase 1│Financial Health Update: Services Include Evaluate Trends in Revenues and Expenditures Review Key Financial Ratios related to Debt, Capital Funding and Fund Balance Perform a Peer Comparison Analysis Review the City’s Debt Profile Ongoing Review of the City’s Financial Policies Phase 1: Financial Health Update Phase 2: Plan of Finance Development Phase 3: Transaction Execution and Logistics Phase 4: Closing/Post‐ Closing Matters COPY Page | 35 Phase 2│Plan of Finance Development At this time, Davenport understands that the City’s next significant long- term borrowing will be approximately $17 million to finance the construction of new public safety facilities and a replacement fire station. Davenport has been working with the City on preliminary capital planning for this project since late 2017. Our understanding of the project will enable Davenport and the City to move as quickly as possible once rehired to secure funding so that construction may commence. Additionally, our understanding of both the project as well as the City’s current debt profile will enable us to develop a strategic Plan of Finance that seeks to mitigate the cash flow impact of these new Bonds and preserve future debt capacity. Plan of Finance Development is designed to meet the goals and objectives (e.g. revenue restrictions, project prioritization, debt capacity, debt affordability, credit considerations) of the City. This process includes the evaluation of a variety of factors and considerations including the City’s funding needs, existing debt capacity/affordability, the City’s credit rating strategies, debt structure, type of debt, financing options and methods of sale. Davenport undertakes both qualitative and quantitative analyses during the development of any Plan of Finance. Qualitative review of recent rating reports, credit rating scorecards, sector credit commentary and peer comparatives are used to provide perspective and guidance as to potential ramifications (both positive and negative) of the Plan of Finance. Quantitative analysis involves the projected financial impact of various capital funding scenarios on the City’s Debt Capacity and Debt Affordability, as well as, an evaluation of various financing options utilizing real-time pricing data from Davenport’s Fixed Income Desk and recent comparable transactions as applicable. Phase 2│Plan of Finance Development: Services Include Debt Capacity and Debt Affordability Financial Modeling o Historic and Projected Cash Flows o Existing Debt and New Debt Structuring o Capital Requirements Analysis of Alternative Capital Sources o Capital Markets – Negotiated & Competitive Sale of Securities o Short-term and Long-term Direct Bank Financing Credit Rating Strategy o Peer Comparison o Credit Rating Scorecards Finalize and Present Plan of Finance Phase 1: Financial Health Update Phase 2: Plan of Finance Development Phase 3: Transaction Execution and Logistics Phase 4: Closing/Post‐ Closing Matters COPY Page | 36 │Debt Capacity and Debt Affordability – Overview We place a heavy emphasis on supporting each aspect of financial program design, strategic financial planning, and financial management efforts with thorough analytical work. Over the years we have developed numerous proprietary software applications and analytical tools which allow us to provide our clients with a superior level of customized analysis and information. We believe the Financial Advisor should provide the City with the analytical tools necessary to prepare itself for the future. In particular, Davenport currently maintains three core models that will form the technical backbone of future City Financing Plans. These models are outlined below along with some initial observations from Davenport. Existing Debt Model – For all of our clients, Davenport maintains a proprietary Existing Debt Model that summarizes all of the obligations that its client has outstanding and their annual debt service payments. As Davenport is developing a Plan of Finance for the City, Davenport will use this schedule of aggregate debt service payments to help identify cash flow trends so that future debt can be layered in strategically. Below and on the following page(s), Davenport has presented output from the City’s current debt model in both table and graphic formats as well as provided some observations that may be relevant when planning for the upcoming project. Exhibit 1 – City of Milton Existing Tax-Supported Debt Service Our Team will continue to provide the City with state of the art debt capacity financial modeling with appropriate graphics to facilitate planning, screen alternatives and demonstrate the affordability of the financial program. $0.0 $0.5 $1.0 $1.5 $2.0 $2.5 $3.0 2019202020212022202320242025202620272028202920302031203220332034203520362037MillionsExisting Tax-Supported Debt Service Principal Interest Payout Principal Interest Total Ratio 2019 $1,436,000 $1,125,811 $2,561,811 4.5% 2020 1,498,000 1,067,545 2,565,545 9.2% 2021 1,557,000 1,006,525 2,563,525 14.1% 2022 1,621,000 942,973 2,563,973 19.2% 2023 1,685,000 876,639 2,561,639 24.4% 2024 1,755,000 807,509 2,562,509 29.9% 2025 1,830,000 735,319 2,565,319 35.7% 2026 1,906,000 659,805 2,565,805 41.7% 2027 1,983,000 580,939 2,563,939 47.9% 2028 2,065,000 498,707 2,563,707 54.4% 2029 2,123,000 438,045 2,561,045 61.0% 2030 1,786,000 381,289 2,167,289 66.6% 2031 1,390,000 321,575 1,711,575 71.0% 2032 1,430,000 279,875 1,709,875 75.5% 2033 1,475,000 236,975 1,711,975 80.1% 2034 1,520,000 192,725 1,712,725 84.8% 2035 1,565,000 147,125 1,712,125 89.7% 2036 1,610,000 100,175 1,710,175 94.8% 2037 1,660,000 51,875 1,711,875 100.0% Total $31,895,000 $10,451,431 $42,346,431 Existing Tax-Supported Debt Service COPY Page | 37 Debt Capacity Model – Davenport’s Debt Capacity Model for the City identifies the City’s key resources and summarizes the sources and uses of funds in its capital program together with all of the historical and projected financial ratios that are a product of expected borrowing. This model analyzes a potential financial plan in the context of growth of the tax base, population, budget and other related variables. This is the essential financial planning tool for many local governments. In the two charts on the following page, Davenport has presented output from the City’s most recent Debt Capacity model. These charts track the City’s existing debt burden as measured by the City’s Key Debt Ratios. Existing Tax-Supported Debt Profile Description Purpose Amount Outstanding Public Buildings and Facilities Authority Intergovernmental Revenue Bond, Series 2014 Bell Memorial Park Construction $ 8,400,000 General Obligation Bonds, Series 2017 Land Acquisition for Park and Trail Projects 23,495,000 Total $ 31,895,000 Observation on Existing Debt Profile The City’s existing debt profile consists of two obligations – a 2014 Intergovernmental Revenue Bond and 2017 General Obligation Bonds. The City’s ability to levy additional taxes for debt service on the 2014 Intergovernmental Revenue Bond is subject to a millage cap. There is no millage cap for debt service on the 2017 General Obligation Bonds. From a cash flow perspective, the City’s existing debt service is level through 2029 with future drop- offs coming in 2030 and 2031. The City’s 10-year Principal Payout Ratio is approximately 54% which means that the City will have paid down approximately 54% of the outstanding tax-supported principal that it currently has outstanding in the next ten years. Plan of Finance Considerations Prior to the issuance of the new debt, Davenport and the City will want to evaluate any potential cash flow impact of the new debt service and ensure that sufficient revenues are available. Davenport and the City should consider a principal amortization structure that maintains the City’s healthy 10-year Payout Ratio. Over the next 10 years, the City will have paid down approximately 54% of the tax-supported principal that it currently has outstanding. This is known as the City’s “Payout Ratio.” COPY Page | 38 Exhibit 2 – City of Milton Projected Debt as a Percentage of Full Value (Existing Debt Burden) Exhibit 3 – City of Milton Projected Debt Service as a Percentage of Revenues 0.00% 0.25% 0.50% 0.75% 1.00% 1.25% 1.50% 1.75% 2.00% 2.25% 2.50% 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Debt as a Percentage of Full Value Existing Debt City Policy 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 14.00% 16.00% 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Debt Service as a Percentage of Revenues Existing Debt City Policy On the left, Davenport has projected the City’s Debt vs. Full Value metric based upon its existing debt profile. Debt vs. Full Value measures a local government’s capacity to support existing and additional debt. On the left, Davenport has projected the City’s Debt Service vs. Revenues metric based upon its existing debt profile. Debt Service vs. Revenues measures a local government’s ability to afford existing and future debt service. Note: Assumes an annual growth rate in Full Value of 2%. Note: Assumes an annual growth rate in General Fund Revenues of 2%. COPY Page | 39 Debt Affordability Model – To this point, Davenport’s capital planning work with the City has mostly focused on the Debt Capacity analysis as presented above. As part of the development of a future Plan of Finance, Davenport would also work with the City to evaluate the sufficiency of existing revenues to repay the future debt. We would facilitate this through the use of a customized Debt Affordability Model. The model identifies the budgetary and millage impact of the proposed Plan of Finance by incorporating existing and proposed debt service, pay-go funding, incremental operating impacts (if desired or necessary), existing revenue sources, potential future revenue sources and future required revenue adjustments (e.g. property taxes). In the graphic above, Davenport has presented a sample output from the this model. As the proposed Intergovernmental Revenue Bond would be subject to the millage cape similar to the 2014 Bond, we believe that this model will be an essential tool that can be used to evaluate the overall cash flow impact that the proposed financing would have on the City. Observations on Existing Debt Capacity In 2017, Davenport & the City worked to implement an enhanced Debt vs. Full Value not to exceed policy equal to 1.75%. The City is currently well below this level based upon its existing debt profile. In 2017, Davenport & the City worked to implement an enhanced Debt Service vs. Revenues not to exceed policy equal to 15%. The City is currently well below this level based upon its existing debt profile. From the perspective of future borrowings, Debt Service vs. Revenues is the City’s limiting factor. Plan of Finance Considerations Prior to the upcoming debt issuance, Davenport and the City will work to update our assessment of the impact that the new debt would have on the City’s Key Debt ratios and its compliance with previously established not to exceed policies. Davenport and the City would consider a number of different potential repayment terms that balance maintaining a high Payout Ratio with keeping the City’s Debt Service as a Percentage of Revenues at a lower level. Additionally, Davenport and the City would continue to evaluate the viability of issuing the debt for the project in “phases” to create a just in time financing strategy as money for the projects is needed. 10.00¢ 10.50¢ 11.00¢ 11.50¢ 12.00¢ 12.50¢ 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Millage Rate Impact Existing Mill Additional Mill COPY Page | 40 │Selecting the Best Financing Method Ensuring that the City utilizes the optimal financing tools available begins long before the day of a sale. It begins at the onset of planning for a project. Davenport’s experience as Financial Advisor working with local governments throughout the United States makes us particularly well suited to provide unbiased analysis of all of the available financing options. Our preference is to ensure that all of the available funding options are taken into account when planning for a new financing. The most strategic Plan of Finance may take into account multiple funding sources. In today’s environment, funding options available to the City include: A Direct Bank Loan; A Competitively sold Public Sale; A Negotiated Public Sale; An issuance through a State Agency Program (i.e., Georgia Environmental Finance Authority or Association County Commissioners of Georgia); Low interest loans through State Agencies or the Federal Government; and, Grants through State Agencies and/or the Federal Government. In addition, there are a number of other important questions that need to be addressed, including, but not limited to: The impact of Bank Qualification; The ability to prepay/refinance the financing prior to maturity, including any penalties; and, Changes or proposed changes in Federal or State legislation that may impact the City’s borrowings. │Credit Rating Strategy As the City’s Financial Advisor, one of our overriding philosophies is to safeguard the City’s long term ability to finance its projects by remaining vigilant with respect to the City’s credit ratings. To that end, Davenport will analyze any potential credit rating implications when determining a Plan of Finance for the upcoming debt issuance and develop a comprehensive Credit Rating Strategy and Presentation that minimizes any potential negative impact on the City’s credit rating. In 2016, Jennifer Diercksen, a former Moody’s Virginia state lead analyst, joined Davenport’s Public Finance department. As a member of the proposed Financial Advisory Team. Ms. Diercksen will be an invaluable resource to the City by providing a rating analyst’s perspective on the City’s current financial position or future Plans of Finance. Current Credit Ratings The City is rated “Aaa” by Moody’s and “AAA” by S&P. The Aaa/AAA ratings are the City’s initial ratings that were achieved in connection with the issuance of the City’s 2017 General Obligation Bonds where Davenport served as Financial Advisor. The City’s Aaa/AAA ratings place it in the “Very Strong” category with respect to credit quality. The City is 1 of 5 cities in Georgia that is rated ‘AAA’ by both Moody’s and S&P. COPY Page | 41 │Evaluation of Current Credit Ratings – Most Recent Rating Reports Below and on the following page, we have presented an initial review of the City’s most recent rating reports. As Davenport and the City begin to prepare for the City’s upcoming financing as well as future financings, we will continue to review and assess feedback from the rating agencies and credit markets to help ensure that the City continues to maintain its Very Strong Aaa/AAA ratings. In addition to our review of formal rating reports, Davenport will conduct a number of additional rating sensitivity analyses such as formal rating scorecard assessments. Strengths Challenges “Sizeable, affluent tax base in the Atlanta MSA” “Reliance on economically sensitive sales tax revenue” “Strong financial operations supported by formal financial policies” “Locally imposed property tax cap” “Low debt and pension burden” “Significant operating flexibility” What could make the rating go down? “Declines in General Fund reserves or cash position” “Deterioration of tax base or income and wealth levels” “Material increase in debt burden” Moody’s – 2017 General Obligation Rating Report ‘Aaa’ (Stable Outlook) COPY Page | 42 Davenport Observations on the City’s Credit Ratings As shown in the preceding summaries, the Aaa/AAA ratings reflect the City’s outstanding performance in a number of key credit related areas such as cash position and reserves, operating surpluses, use of pay-go capital funding, and manageable debt burden. Aiding these operating factors is the strength of the City’s economy and demographic profile. In addition, both rating agencies praised the City’s formal Financial Policies. S&P categorized the City’s policies and practices as “strong” under its Financial Management Assessment methodology, which is the highest category possible. While S&P noted that the City’s future debt plans were a factor that it would monitor going forward, it acknowledged that the City’s overall debt profile would likely improve as collections from the City’s debt service millage began to commence. As previously stated, Davenport and the City will conduct a comprehensive cash flow analysis prior to issuing the new debt in order to ensure that sufficient revenues will be available to cover the new debt service without sacrificing the City’s very strong operating flexibility. Making sure the rating agencies understand from what resources the debt service will be repaid will be extremely important in light of the millage cap. │Finalize and Present Plan of Finance After all of the work in analyzing a long-term financial plan for the City is completed, Davenport would take the lead with the City in developing a comprehensive Plan of Finance presentation covering the multi-year strategic plan to include: Financial Model analysis; Sensitivity Scenarios; Debt Capacity/Affordability implications; Recommended Plan(s) of Finance; Credit Rating Implications and Strategy; and Timetable for implementation. This presentation would be designed for multiple audiences including the City Council and the general public. As desired, Davenport would develop both full versions of the presentation and Executive Summaries that cover the key details at a higher level. COPY Page | 43 Phase 3│Transaction Execution and Logistics After developing a Plan of Finance in Phase 2, Davenport will coordinate with the City and the broader working group to execute the financing(s) and work toward achieving the optimal results. Our work oftentimes begins with assisting in the assembly of the key market participants depending on the type and approach of the desired financing. With input from the finance team, Davenport develops an overall schedule of key finance activities. Due diligence is performed on continuing disclosure requirements and Davenport reviews and assists with the development of key legal and offering documents. As described previously, Davenport understands the vital importance of the Credit Rating process to any financing. As such, Davenport will continue to take the lead in developing the Credit Rating Presentation and strategy for the City including preliminary credit assessment evaluations, which include detailed rating scorecard analyses and peer comparatives. Finally, as a part of the financing process, Davenport reviews all relevant source documents, authorizing documentation and offering documents, amongst others. We also provide a detailed road map of the financing process whether it is a direct bank loan, negotiated or competitive transaction or other alternative financing approach so that the ultimate financing is implemented as efficiently and effectively as possible. At each step of the process, Davenport Public Finance will work hand-in-hand with the City to provide all of the necessary information for key decision making along the way and will assist in coordinating and implementing the financing approach that is ultimately selected. Phase 3│Transaction Execution and Logistics: Services Include Key Market Participants and Key Activities o Selection Process, Scheduling Documentation o Legal Documents, Offering Documents, Feasibility, Continuing Disclosure Credit Rating Process o Presentation Approach, Meetings and Interface Obtain Approvals o Local Governing Body, State and/or other Governing Agencies as applicable Market Logistics o Market Intelligence, Investor Relations, Pre-marketing, Negotiations, Transaction Logistics Phase 1: Financial Health Update Phase 2: Plan of Finance Development Phase 3: Transaction Execution and Logistics Phase 4: Closing/Post‐ Closing Matters COPY Page | 44 │Key Market Participants and Key Activities The flow chart below provides an overview of key participants in the financing transaction, primary tasks that need to be accomplished to complete a financing, and the timing of those actions. Determining the type of financing, whether public market, direct bank loan or alternative sources, typically begins early in the Phase 2 process. As a result, Davenport will coordinate the assembly of the key market participants and work to develop an overall financing schedule. Key Market Participants City of Milton; Rating Agencies; Underwriting Team – (in case of a Negotiated Sale); Banking Team – (in case of a Direct Bank Loan); Legal Counsels – Bond, Underwriter’s, Bank’s, Others; Depending on the type of financing source (i.e. securities sold via public market or loans obtained directly from banks), Davenport will work with the City to undertake the appropriate RFP or selection process for the underwriting team members (in the case of a Negotiated Sale) or banking institutions to provide the funding. As a part of this process, finance team members are brought together to develop a schedule that incorporates Key Activities to implement the Plan of Finance. Key Activities Development of Financing Schedule; RFP Selection of Underwriters or Banks (as appropriate); Obtaining Approvals; and Sizing the Transaction with Bond Counsel Guidance and Approval. Financial Plan Analyze Options Financial Modeling Plan of Finance Documents Bond Indenture Disclosure Rating Book Ratings Credit Rating Meetings Markets Sale of Securities Direct Bank Loans Underwriters / Banks Financial Advisor Bond Counsel Rating Agencies 1 2 3 Selection Process Underwriters Bank Facilities Project Finalize Costs Final Approvals Credit Ratings Based on Bank’s Letter of Credit Credit Ratings Based upon Borrower’s Credit 4 Variable Rate InvestorsFixed Rate Investors COPY Page | 45 │Documentation As the transaction moves to the documentation process, Davenport reviews draft authorizing resolutions and offering documents with a particular emphasis on information pertinent to the Plan of Finance, rating agencies and marketing and pricing of the securities or loans to be issued. Documentation Process Review authorizing resolutions and parameters; Assist with assembly of information for disclosure document for Public Markets transactions; Develop credit/RFP materials for Direct Bank Loan transactions; Review bond covenants and trust agreements (existing and new); Assist with feasibility studies and related financial analysis; and Model the proposed debt issue and generate all financing schedules and other statistics. │Pro-active Credit Rating Approach Credit Presentation: For financings that require the City to obtain a credit rating for the Bonds, Davenport would take a Pro-active Credit Rating Approach starting with creating a Credit Presentation that will highlight the City’s credit strengths and identify initiatives that have been implemented to address potential credit challenges and include: Davenport’s pro-active Approach to the Credit Rating Presentation is designed to: 1) Provide the rating analysts with the information they need to conduct their credit due diligence and complete the indicative rating scorecards. 2) Highlight the City’s credit strengths and potential areas for positive qualitative adjustments. 3) Provide a framework for an interactive discussion with the rating analysts that fosters meaningful dialogue and guidance. Prior to the interaction with the Credit Rating Agencies, Davenport will assist with one or more Credit Rating Agency strategy sessions. In such settings, Davenport reviews the Credit Rating Presentation to prepare City staff and other officials, who are involved directly with the process to help ensure a positive interaction with the rating agencies. Depending on the particular circumstances involved with the credit planning process and a particular rating request, Davenport may recommend conference calls, site visits to the City or in-person rating meetings at the Credit Rating Agency offices in Credit Rating Presentation City Tax Base and Demographic Profile; Historical and Projected Financial Results; Capital Program and Planned Funding; and, Management Practices and Procedures. Strategy Sessions Rating Agency Interaction COPY Page | 46 New York. Each of these approaches to interaction has its own merits and challenges and Davenport routinely assists our clients with assessing the options and developing a recommended course of action for Credit Rating Agencies. Following the Rating Agency Interactions, Davenport will continue to develop the City’s relationships with the rating agency analysts to further advance the City’s rating narrative. Davenport would also assist the City in ongoing rating surveillance and interactions. This will similarly involve the creation of a credit presentation as well as assisting the City in drafting answers to any questions that the analysts may have. │Market Logistics Bringing a Plan of Finance for the City to fruition may involve sourcing the funds through: The capital markets via either a Negotiated or Competitive sale, A Direct Bank Loan from one or more banking institutions; Alternative financing approaches; or Some combination of the above. We are able to stay current on evolving trends in the Capital Markets nationally through Davenport’s Municipal Underwriting and Trading Desk (described below). As the City’s Financial Advisor, we are prohibited from underwriting any of the City’s securities; however, our desk gives us first-hand knowledge of the Capital Markets that may impact the sale of securities through their daily involvement in the municipal marketplace. Municipal Underwriting and Trading Desk: Davenport operates a Municipal Underwriting and Trading desk that is active in the primary and secondary municipal marketplace on a daily basis. This attribute of our firm allows us to keep our clients abreast of any new capital market trends or financing structures that maybe occurring in the market. This resource provides Davenport’s clients with real- time market data, analysis and trends that are occurring in the municipal market. Additionally, our trading desk frequently provides us with “shadow pricing” on proposed bond issues for planning purposes and for drafting bid parameters and offering documents. For Direct Bank Loan transactions, Davenport has cultivated a listing of national, regional and local banking institutions that routinely provide financing proposals through Davenport’s RFP solicitation processes. Our experience with Banking Institutions in this manner provides us with insight on current credit options and pricing that may be available through bank financing. The City can rest assured that we will bring all of our resources to bear and provide superior levels of service regardless of which funding method is used. A brief listing of Market Logistics services may be found on the following page: Follow up Davenport’s underwriting desk sets us apart from other Financial Advisory Firms… …And provides us with in house market updates and shadow pricing indications for the taxable and tax-exempt markets. COPY Page | 47 │Assist with Offering Documents and Other Documents Davenport expects to play a role in the document preparation process as Financial Advisor. Davenport will assist with the drafting of the Preliminary Official Statement (“POS”), Notice of Sale (“NOS”) and the final Official Statement (“OS”). Davenport will also be involved with posting the POS and OS on the Parity/IPREO platform, as well as assisting the City in selecting a printer for these documents. In addition, Davenport will review all offering documents and cross check sources for accuracy and consistency, including assuring that the final OS reflects the final details of the winning bid. Furthermore, the bid parameters of the NOS must be carefully reviewed to provide the City with sufficient flexibility to restructure the transaction after the winding bidder is determined and to maximize debt service saving for any potential refunding. The review of the NOS is done in conjunction with the pre-sale sizing and structuring of the transaction. Our trading desks’ real-time market insight is a value-added service for our Financial Advisory clients when Negotiated Sale Logistics Structure Underwriting Syndicate and priority of orders; Coordinate with Underwriter on proposed pricing schedule; Review Marketing Plan for Bonds; Develop pre-pricing materials; Monitor pre-pricing indications in conjunction with Davenport’s Fixed Income Desk; Analyze proposed pricing structure with Davenport’s Fixed Income Desk; Monitor progression of orders on day of pricing; and Negotiate pricing adjustments as necessary. Competitive Sale Logistics Coordinate with Davenport’s Fixed Income Desk to structure the bid parameters; Run sensitivity analyses on the proposed structure; Monitor bidder registration in order to maximize participation in the bond sale; Analyze bids received to ensure accuracy; Resize bond transaction; Coordinate logistics with winning bidder; and Prepare final numbers. Direct Bank Loan Logistics Develop RFP with requested terms and conditions; Distribute RFP to local, regional and national banks; Contact potential bidders and assist with information needs to evaluate the RFP; Prepare a summary analysis and comparison of proposals; Negotiate terms and conditions with the selected bank; and Coordinate all financing schedules and documents for closing. COPY Page | 48 preparing for a public sale of bonds, in particular when reviewing the bid parameters for a competitive sale. To the extent that any of these reviews would require conference calls and/or in-person meetings, Davenport will be available to assist the City in any way possible. In addition, Davenport will allow the transaction team ample time to review all key documents (POS, NOS and OS) for sufficiency and accuracy. Additionally, regardless of the method of sale selected for the City’s debt issue, Davenport will review all legal documentation and provide all certifications required by Bond Counsel. Davenport uses DBC Finance, the industry-standard bond sizing software, and will be able to quickly and efficiently assist Bond Counsel with the numerical inputs and calculations (weighted average maturity, arbitrage yield, debt service schedules, coupons/yields and pricing results, etc.) for legal documentation. Phase 4│Closing and Post-Closing Matters Davenport actively facilitates the transaction closing process, including preparing a detailed closing memorandum/flow of funds to memorializing the key aspects of the transaction. After the transaction is closed, Davenport assists with the management of post- closing matters, both near-term and over the long term. Aspects of this phase can include multiple activities that go well beyond the actual closing process and may eventually evolve or blend into subsequent long-term planning activities. As a full service Financial Advisor, we do not view our work as being finished once a transaction is closed. Rather, we take a holistic and comprehensive view of the closing as the next step in the planning process for our clients best interest and future needs. Phase 4│Closing and Post-Closing Matters: Services Include Analysis of Results Investment of bond proceeds Pro-active approach to Planning Evaluating refinancing opportunities Tracking Interest rate resets Continuing disclosure requirements Phase 1: Financial Health Update Phase 2: Plan of Finance Development Phase 3: Transaction Execution and Logistics Phase 4: Closing/Post‐ Closing Matters COPY Page | 49 │Pro-active Approach to Closing and Future Planning Davenport takes a pro-active role in ensuring the closing of any transaction is executed in a smooth and efficient manner. In addition, Davenport can assist with investment strategies for bond proceeds and other available funds depending on cash flow and spending requirements. Furthermore, we pro- actively look at the closing of the transaction as bringing the City back full circle to the planning process for other future projects. Davenport’s approach to this part of the overall planning process is to meet with the City to discuss next steps in planning. We view this phase as the time to incorporate the final transaction numbers into the Financial Model in anticipation of starting a new planning process and funding cycle. Mid-year or preliminary year-end operating numbers are analyzed and incorporated. Lastly, any changes to operating assumptions are evaluation and incorporated as necessary. The goal is to pro-actively prepare the City for its next multi-year planning cycle. │Monitoring Debt and Refunding Opportunities Davenport’s work also continues with monitoring the City’s debt for interest rate resets, refunding opportunities, or other requirements as necessary. For all of our Financial Advisory clients, this has proven to be an invaluable resource for identifying existing obligations that could be refinanced for savings purposes. Internally, Davenport produces these refunding screens on a bi-weekly basis and as such regularly montors the status of the City’s debt portfolio. In the event that any of the City’s obligations begin to show the potential for meaningful savings, Davenport will be proactive about informing the City such that a refinancing plan may be developed. [Remainder of the Page Intentionally Left Blank] COPY Page | 50 │Investment of Bond Proceeds As desired, Davenport would work with the City to develop an investment plan for New Money bond proceeds while they are still being spent down. Davenport has created a model that allows us the ability to analyze different ways to invest the City’s unspent bond proceeds. We will provide different market scenarios based on changing interest rates that will help decide the portfolio of securities that should be purchased in order to maximize the City’s return while still providing the necessary liquidity and flexibility based on the City’s planned draw schedule. │Continuing Disclosure Requirements On an ongoing basis, Davenport helps its clients ensure that they are meeting any continuing disclosure requirements that may be in place for financings that may have occurred in the public market. On the right, Davenport has presented an example of the Continuing Disclosure summaries that we frequently maintain for our clients. These summaries also serve as a helpful reference when continuing disclosure requirements must be reviewed prior to a new financing. 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 180 Day Window Ending 12/27/2013 12/27/2014 12/27/2015 12/27/2016 12/27/2017 Date Filed 12/23/2013 10/23/2015 12/23/2015 12/27/2016 1/6/2018 Days 176 480 176 180 190 Late?No Yes No No Yes Late Filing Noted?N/A Yes N/A N/A Not yet filed 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 Summary of Indebtedness Filed Filed Filed Filed Filed Indebtedness of Overlapping Governmental Entities Filed Filed Filed Filed Filed Debt Ratios Filed Filed Filed Filed Filed Long and Short Term Indebtedness Filed Filed Filed Filed Filed Debt Limitatioin Filed Filed Filed Filed Filed Budgetary Process Filed Filed Filed Filed Filed Employee Pension Plan Filed Filed Filed Filed Filed Governmental Immunity and Insurance Coverage Filed Filed Filed Not Filed Not Filed Tax Digest Filed Filed Filed Filed Filed Principal Property Taxpayers Filed Filed Filed Filed Filed Property Tax Levies and Collections Filed Filed Filed Filed Filed Millage Rates Filed Filed Filed Filed Filed Changes in Accounting Principles Filed Filed Filed Filed Filed Rating Change N/A N/A Filed N/A N/A CAFRs Additional Informational Requirements Investment Strategy Interest Rate Scenario:ABCD -0.25% Unchanged 0.50% 1.00% Liquidity Option 1: Fixed Rate Portfolio 240,892 240,892 240,892 240,892 Minimum Option 2: Short-Term Portfolio 123,439 132,336 150,131 167,925 Maximum Option 3: Blended (50% Fixed / 50% Short-Term) 182,165 186,614 195,511 204,408 High Option 4: Blended (75% Fixed / 25% Short-Term) 211,529 213,753 218,201 222,650 Medium (1) "Market Change" Shown is the Aggregate of Equal Quarterly Yield Changes Over the First Year of the Investments. Market Change (1) COPY Page | 51 5│Required Documents On the following pages, we have provided signed copies of the requested forms. As of the date of the proposal submission, Davenport has not received any addenda to the RFP nor have any been posted to the City’s website as far as we can tell. COPY COPY COPY COPY Page | 52 6│Pricing As requested in the RFP, Davenport has submitted its Cost Proposal in a separately marked envelope. COPY Municipal Advisor Disclaimer The enclosed information relates to an existing or potential municipal advisor engagement. The U.S. Securities and Exchange Commission (the “SEC”) has clarified that a broker, dealer or municipal securities dealer engaging in municipal advisory activities outside the scope of underwriting a particular issuance of municipal securities should be subject to municipal advisor registration. Davenport & Company LLC (“Davenport”) has registered as a municipal advisor with the SEC. As a registered municipal advisor Davenport may provide advice to a municipal entity or obligated person. An obligated person is an entity other than a municipal entity, such as a not for profit corporation, that has commenced an application or negotiation with an entity to issue municipal securities on its behalf and for which it will provide support. If and when an issuer engages Davenport to provide financial advisory or consultant services with respect to the issuance of municipal securities, Davenport is obligated to evidence such a financial advisory relationship with a written agreement. When acting as a registered municipal advisor Davenport is a fiduciary required by federal law to act in the best interest of a municipal entity without regard to its own financial or other interests. Davenport is not a fiduciary when it acts as a registered investment advisor, when advising an obligated person, or when acting as an underwriter, though it is required to deal fairly with such persons, This material was prepared by public finance, or other non-research personnel of Davenport. This material was not produced by a research analyst, although it may refer to a Davenport research analyst or research report. Unless otherwise indicated, these views (if any) are the author’s and may differ from those of the Davenport fixed income or research department or others in the firm. Davenport may perform or seek to perform financial advisory services for the issuers of the securities and instruments mentioned herein. This material has been prepared for information purposes only and is not a solicitation of any offer to buy or sell any security/instrument or to participate in any trading strategy. Any such offer would be made only after a prospective participant had completed its own independent investigation of the securities, instruments or transactions and received all information it required to make its own investment decision, including, where applicable, a review of any offering circular or memorandum describing such security or instrument. That information would contain material information not contained herein and to which prospective participants are referred. This material is based on public information as of the specified date, and may be stale thereafter. We have no obligation to tell you when information herein may change. We make no representation or warranty with respect to the completeness of this material. Davenport has no obligation to continue to publish information on the securities/instruments mentioned herein. Recipients are required to comply with any legal or contractual restrictions on their purchase, holding, sale, exercise of rights or performance of obligations under any securities/instruments transaction. The securities/instruments discussed in this material may not be suitable for all investors or issuers. Recipients should seek independent financial advice prior to making any investment decision based on this material. This material does not provide individually tailored investment advice or offer tax, regulatory, accounting or legal advice. Prior to entering into any proposed transaction, recipients should determine, in consultation with their own investment, legal, tax, regulatory and accounting advisors, the economic risks and merits, as well as the legal, tax, regulatory and accounting characteristics and consequences, of the transaction. You should consider this material as only a single factor in making an investment decision. The value of and income from investments and the cost of borrowing may vary because of changes in interest rates, foreign exchange rates, default rates, prepayment rates, securities/instruments prices, market indexes, operational or financial conditions or companies or other factors. There may be time limitations on the exercise of options or other rights in securities/instruments transactions. Past performance is not necessarily a guide to future performance and estimates of future performance are based on assumptions that may not be realized. Actual events may differ from those assumed and changes to any assumptions may have a material impact on any projections or estimates. Other events not taken into account may occur and may significantly affect the projections or estimates. Certain assumptions may have been made for modeling purposes or to simplify the presentation and/or calculation of any projections or estimates, and Davenport does not represent that any such assumptions will reflect actual future events. Accordingly, there can be no assurance that estimated returns or projections will be realized or that actual returns or performance results will not materially differ from those estimated herein. This material may not be sold or redistributed without the prior written consent of Davenport. 01.13.14 AH/DG/CR COPY Holder Identifier : 7777777707070700077763616065553330773606546315556707443126663407310072640477147231020772405113463011207522411372274112071622375320327700750063713227631207504433530272332077727252025773110777777707000707007 6666666606060600062606466204446200622200404204202006000026060262222062222242402422200622200426006200206200024062260022062000060622420000622200406004202006222004060002420066646062240664440666666606000606006Certificate No :570076290221CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/17/2019 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 rights to the certificate holder in lieu of such endorsement(s). 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. PRODUCER Aon Risk Services South, Inc. Richmond VA Office 7325 Beaufont Springs Drive Suite 300 Richmond VA 23225 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 20303Great Northern Insurance Co.INSURER A: 12777Chubb Indemnity Insurance Co.INSURER B: 20281Federal Insurance CompanyINSURER C: 25674Travelers Property Cas Co of AmericaINSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Davenport & Company, LLC One James Center 901 E. Cary Street Suite 1100 Richmond VA 23219-4037 USA COVERAGES CERTIFICATE NUMBER:570076290221 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $1,000,000 $10,000 $1,000,000 $2,000,000 Included A 12/31/2018 12/31/201935979076 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident)X X BODILY INJURY (Per accident) $1,000,000A12/31/2018 12/31/2019 COMBINED SINGLE LIMIT (Ea accident) 73572799 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $10,000,000 $10,000,000 12/31/2018UMBRELLA LIABC 12/31/201979884900 RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ER PER STATUTEB12/31/2018 12/31/2019 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 71746657 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Financial Advisory Services. The City of Milton is named as additional insured on all except Auto Liability and Workers Compensation with respect to the services being procured. Waiver of subrogation applies to General Liability and Workers Compensation. General Liability is primary and noncontributory. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Milton 2006 Heritage Walk Milton GA 30004 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: 570076290221 570076290221 Aon Risk Services South, Inc. 570000059489 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURE R INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Davenport & Company, LLC TYPE OF INSURANCE POLICY NUMBER LIMITS EXCESS LIABILITY D ZUP61M2230918NF 12/31/2018 12/31/2019 Aggregate $10,000,000 Each Occurrence $10,000,000 ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT “B” ~ Please note the original price has been superseded by the negotiated price attached in Exhibit B ~ Page | 1 6│Pricing On the following page, we have provided the signed and completed cost proposal form. Page | 2 A. If applicable, explain your Firm’s annual retainer and payment terms. Include contracted number of hours included in the annual retainer fee. For the professional services described under Section 1 of the Scope of Services on page four (“Retainer Services”), Davenport proposes to be compensated through an annual retainer in the amount of $10,000, or based upon the hourly rate structure set forth below for work performed, whichever is greater, payable annually. Davenport’s hourly rate structure is as follows: Senior Vice President: $300/hr. First Vice President: $275/hr. Vice President: $250/hr. Associate Vice President: $225/hr. Analyst: $200/hr. Such amounts, including the retainer amount and hourly rates will be adjusted annually beginning with the 2nd year of the contract. The adjustment will be equal to the percentage increase for the previous twelve (12) months from June of the prior year to June of the current year in the Consumer Price Index, U.S. Cities average, all items, 1967 base, as adjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should this index be superseded, the City reserves the right to select another appropriate index. For services that are billed on an hourly basis over and above the amount of the retainer, Davenport will provide the City with a complete detail of the hours and each professional involved, as well as the work performed. B. If applicable, describe your firm’s hourly fees. Fee structure should include a brief explanation of the nature and use of the fees (research, non-transactional, etc.) as well as staffing associated with each hourly rate. Davenport would use our hourly rates for assignments we call special projects. We would expect a special project to be anything non-transactional and not contemplated in the City’s Scope of Services that would take more than 16 hours (2 days) of time. For anything under 16 hours we would include within the retainer. On page six under Section 3 labeled “Special Services”, we have provided examples of the types of engagements that would fall under this category. In the case of these special projects compensation will be as follows: Senior Vice President: $300/hr. First Vice President: $275/hr. Vice President: $250/hr. Associate Vice President: $225/hr. Analyst: $200/hr. Page | 3 This Fee Schedule will be adjusted annually beginning with the 2nd year of the contract. The adjustment to the Fee Schedule will be equal to the percentage increase for the previous twelve (12) months from June of the prior year to June of the current year in the Consumer Price Index, U.S. Cities average, all items, 1967 base, as adjusted, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should this index be superseded, the City has the right to select another appropriate index. C. Transactional Fees (General Obligation and Revenue Bonds) In the table below, we have provided a summary of the proposed fees to be associated with bond transactions. In Section 2 of the Scope of Services (“Transaction Services”) beginning on page five, we have laid out a summary of the types of services that we anticipate providing in connection with transactions. Issuance Amount Less than $50 million (Per 1,000 of bonds) Flat fee $30,000 Incremental over $50 million (Per 1,000 of bonds) $0.00 Minimum Fee (Per Transaction) $30,000 Surcharge for competitive Sale, if any (Per 1,000 of bonds) $0 Surcharge for refunding, if any (Per, 1,000 of bonds) $0 (See flat fee below) Maximum fee $100,000 Other Transaction Fees: Surcharge for Negotiated Sale (flat fee) $10,000 per transaction Surcharge for refunding (flat fee) $10,000 per old bond issue Surcharge for rated transaction (flat fee) $20,000 per transaction D. Describe in detail any other fees not detailed above, including travel reimbursement of pre- approved expenses, debt related fees, and all other proposed fees. Davenport would be entitled to receive its agreed upon compensation for services plus reimbursement for reasonable and necessary out-of-pocket expenses, including costs of travel, meals, lodging, etc. and disbursements incurred in connection with the financial advisory services. Davenport would also be entitled to receive an additional amount for Administrative Expenses equal to four percent (4%) of the compensation for services as reimbursement of costs such as telephone, fax, computer time, copying and other direct costs not reasonably allocable on a client- by-client basis. If the City has the need for Davenport to act as escrow bidding agent, escrow bidding fees will be agreed upon in advance depending on size a complexity of transaction. Page | 4 Scope of Services 1. Retainer Services Present, annually, to the City, a State of the City Financial Review to include Debt Capacity Analysis and Peer Review; Assist the City in the periodic review of Financial and Debt Policies and Administrative Procedures; Advise the City of pertinent market factors and expected trends during the contractual period, including, but not limited to, State and Federal tax legislation implications; Act as the City’s liaison with the major rating agencies including recommending approaches for strengthening the City’s credit position; Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be structured to maximize ability to finance future capital needs, including but not limited to, periodic review of existing debt for the possibility of refunding debt to provide the City with savings; Analyze future debt capacity to determine the City’s ability to raise capital; Assist the City in the development of the Capital Improvement Program by identifying sources of capital funding for infrastructure needs, assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short- term vs. long-term financings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants, and provide analysis of each alternative, as required, as to the budgetary and financial impact; Review the reports of accountants, independent engineers, and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparation, review and completion of such independent studies; and provided written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein; Provide debt service schedules reflecting varying interest rates, issue size, and maturity structures as these are needed for related fiscal planning; Attend meetings with City staff, consultants and other City representatives; Review innovative financing options, including, but not limited to variable rate debt products, taxable securities, and underwriters’ ideas and proposals on behalf of the City; Undertake any and all other financial planning and policy development assignments made by the City regarding bond and other financing and related fiscal policy and programs; and Assist the City in preparing financial presentations for public hearings and/or referendums. Page | 5 2. Transaction Services Develop a financing plan in concert with the City’s staff which would include recommendations as to the timing and number of series of bonds to be issued; Advise as to the various financing alternatives available to the City; Preparation of a bond sale calendar, management and administration of the working group and bond sale process, as a whole; Develop alternatives related to debt transactions including evaluation of revenue available, maturity schedule and cash flow requirements; Assist the City by recommending the best method of sale, either as a direct bank loan, or a competitive or negotiated public sale; Preparation and distribution or requests for proposals related to the bond issue such as financial printer, verification agent, underwriter, letter of credit provider, bond insurer, paying agent, feasibility consultant, and escrow agent; Assist in the solicitations, review and evaluation of bids/proposals; If appropriate, develop credit rating presentation and coordinate with the City the overall presentation to rating agencies; Review and comment on successive drafts of bond resolutions and other bond documents; Identify key bond covenant features and advise on provisions to be included in bond resolutions regarding security, creation of reserve funds, flow of funds, redemption provisions, and additional parity debt test; Review the terms, conditions and structure of a proposed debt offering undertaken by the City and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability; Assistance with, review of and comment on preliminary official statement (POS) and final official statement; Provide regular updates of tax-exempt bond market conditions and advise the City as to the most advantageous timing for issuing its debt; Advise the City on the condition of the bond market at the time of the offering, including volume, timing considerations, competing offerings, and general economic considerations; Assist and advise the City in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering. Provide insight that the pricing of the bonds is fair and reasonable based on existing market conditions. Attendance at all working group meetings with City staff, bond counsel and other consultants to the City, as requested; Attendance at City Council meetings, hearings and briefings to affect the sale of bonds as requested; Preparation of bond sizing schedules including debt service and related schedules; Analysis and recommendation of bond issuance details including, but not limited to: redemption provision, timing of issue, maturity schedule and amortization, method of sale; Assistance with preparation of notice of sale and bid form; Development and provision of mailing list for POS, notice of sale and bid form; Page | 6 Receipt and verification of bids or negotiation of coupons and yields on the bonds (if a negotiated sale); Review of closing documents; and, Coordination of closing activities. 3. Special Services The Financial Advisor shall, using its professional staff members, provide comprehensive financial advisory services related projects which go beyond the intended scope of services to be covered under retainer services and transaction services. Examples include Computer Modeling, Tax Allocation Districts, special tax districts, Economic Development impact analysis, rate analysis, project assessment analysis, impact fee analysis, implementation of revenue enhancement programs and other tax increment financings amongst others. Such services shall be initiated upon the request and authorization of the City. Financial Advisor’s compensation for all of the services enumerated in this section will be on a task-order basis and the City will negotiate a fixed fee or work will be performed on an hourly basis. 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 Milt on, 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 Davenport & Company, LLC Name of Contractor Financial Advisory Services 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: _________________________________ 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 Davenport & Company, LLC (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 Financial Advisory Services 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 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: See Exhibit B MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM City Council DATE: July 1, 2019 Steven Krokoff, City ManageQ) Approval of a Construction Management at Risk Contract for the Construction of Milton Court/Police and Fire Facility between the City of Milton and NSC Construction Company, LLC, d/b/a, New South Construction Company, LLC Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (»,.PP ROVED CITY ATTORNEY APPROVAL REQUIRED: (~ES (.)'YES CITY ATTORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY: PLACED ON AGENDA FOR: ~PPROVED cr 1 I ~I W t(} () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Robert Buscemi, City Architect Date: Submitted June 28, 2019 for the July 8, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Management at Risk Contract for the Construction of Milton Court/Police and Fire Facility between the City of Milton and NSC Construction Company, LLC, d/b/a, New South Construction Company, LLC Department Recommendation: Approval. Executive Summary: This is a request for approval of the Construction Management at Risk contract and Guaranteed Maximum Price (GMP) for the construction of the new Court/Police and Fire Facility. The Construction Management Agreement provides for the issuance of an overall Guaranteed Maximum Price Change Order (to set the maximum price of construction) when the building design is almost or completely finished. The proposed GMP of $12,875,000 is based on 100%-complete construction drawings. The GMP is consistent with City’s budget of $13,000,000. This is the combination of the GMP, the City’s prior obligation under the separate Preconstruction Services Agreement (with a $50,000 Preconstruction Services Fee) and an Owner’s Contingency of $75,000. “Add alternates” as outlined on page 7 in “Schedule A” Assumptions can be added during the project. The cost of the “add alternates” would be in addition to the stated GMP but could be funded from the Owner’s Contingency. Funding for this project has been approved and will be covered by the upcoming bond issuance. Page 2 of 2 Procurement Summary: Purchasing method used: RFP Account Number: 360-1565-541300100 Requisition Total: $13,000,000 Financial Review: Bernadette Harvill (June 26, 2019) Legal Review: Sam VanVolkenburgh – Jarrard & Davis ( June 26, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment: Construction Management at Risk Agreement Cover Section CONSTRUCTION MANAGEMENT AT RISK AGREEMENT (CM/GC) BETWEEN NSC Construction Company, LLC d/b/a New South Construction Company, LLC (the “CM/GC”) AND City of Milton, Georgia (the “OWNER”) FOR PROJECT NO. 18-PW04 INCLUDES: Executive Summary of Contents Basic Tenets of Contract CM/GC Form of Contract Table of Contents General Requirements Forms Exhibits Preface Preface Contract 1 to Contract 6 Pages i to vi Pages 1 to 101 Forms 1 to Forms 13 A-i to R Executive Summary Preface PREFACE EXECUTIVE SUMMARY Basic Tenets of the Contract This Contract implements the “construction management at risk” or “CM/GC” Project delivery method. The usual method of procurement is by solicitation of competitive sealed proposals, although other procurement methods may be utilized, as permitted by law. The CM/GC is under contract to supply both preconstruction services and construction services to complete the Project and place the Owner in occupancy of the Project in a “turnkey” fashion. The Owner contracts with the Design Professional separately from the CM/GC using the Design Professional Contract. The design and construction progress in a coordinated fashion using one or more Component Change Orders to direct construction of a Component package (such as Site work, foundations, etc.) while the design progresses toward complete Construction Documents. Once either a Guaranteed Maximum Price (GMP) or a Lump Sum Price is agreed upon between the Owner and the CM/GC, the CM/GC is “at risk” for Project price, Project schedule, and completion of all construction as set forth in the Contract Documents. The CM/GC holds all trade contracts and trade Supplier contracts. The pricing and financial structure for this CM/GC Contract is the “cost-plus” method, with a fixed dollar cap on the total price of the contract (the GMP), and certain other contingencies. The sole basis for the “plus” portion of the Contract is the CM/GC’s Fee and a fixed amount for CM/GC Overhead Costs and Expenses. The sole basis for “cost” throughout this Contract is Actual Cost, as defined in Section 4, Part 4. In addition to the GMP, there are total cost limitations imposed on Actual Costs allowed, both as to type of cost and allowable amounts. Actual Cost, CM/GC Overhead Costs and Expenses, and the agreed upon CM/GC’s Fee are the only basis for payments to the CM/GC under this Contract, unless a Lump Sum Price is agreed between the Owner and CM/GC. There is one contingency fund under the GMP. It is the “Construction Contingency,” which is subject to the terms of this Contract. The Owner will have a separate “Owner’s Contingeny” for change orders. This will form part of the Owner’s overall budget for the project, but will be outside the GMP. Provided that the amount of such Owner Contingency shall in no way limit or reduce CM/GC’s right to change orders under the contract. Executive Summary of Contents Preface EXECUTIVE SUMMARY OF CONTENTS CM/GC FORM OF AGREEMENT GENERAL REQUIREMENTS SECTION 1 – GENERAL Part 1 – General Provisions Part 2 – CM/GC’s General Responsibilities and Duties Part 3 – Owner’s Responsibilities and Rights Part 4 – Protection Of Persons And Property Part 5 – Bonds, Indemnity and Insurance Part 6 – Hazardous Conditions And Materials Part 7 – Miscellaneous Provisions SECTION 2 – PRECONSTRUCTION PHASE Part 1 – Preconstruction Phase Services Part 2 – Construction Documents and Site Plan Preconstruction services shall be governed by that Preconstruction Services Agreement between the parties dated the4th day of June 2018. Supplemental terms governing the relationship of preconstruction services to construction are found in Section 2. SECTION 3 – CONSTRUCTION PHASE Part 1 – Construction Services Part 2 – Component Change Orders Part 3 – GMP Change Order Part 4 – Changes To The Work Part 5 – Time Part 6 – Correcting the Work; Inspections; Covering And Uncovering Work Part 7 – Trade Contractors; Self-Performance SECTION 4 – COMPENSATION Part 1 – General Part 2 – Payment For Preconstruction Phase Services Part 3 – Payment For Construction Phase Services Part 4 – Cost Of The Work Part 5 – Liens SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION. Part 1 – Owner’s Right to Suspend the Work Part 2 – Contract Adjustments and Disputes Part 3 – Termination SECTION 6 – PROJECT COMPLETION Part 1 – Material Completion Part 2 – Final Completion Part 3 – Inspections for Completion of the Work Part 4 – Final Documents Part 5 – Payment for Material Completion and for Final Payment Part 6 – Correction of the Work after Final Completion SECTION 7 – CONTRACT FORMS Performance Bond Payment Bond Certificates of Compliance – Federal and State Work Authorization Programs Non-Collusion Affidavit Final Affidavit Specimen Certificate of Manufacturer Certificate of Insurance Subcontractor Retainage Release Certificate Executive Summary of Contents Preface EXHIBITS Exhibit A Owner’s Program and Existing Documents Exhibit B [Intentionally Omitted] Exhibit C Budget Format Exhibit D Monthly Report Format Exhibit E [Intentionally Omitted] Exhibit F Preliminary Outline Schedule Exhibit G Specimen Component Change Order Exhibit H Specimen GMP Change Order Exhibit I Specimen Change Order Exhibit J Wage Rates and Labor Cost Exhibit K Application for Payment Exhibit L Final Cost Certification Exhibit M Certificate of Material Completion Exhibit N Certificate of Final Completion Exhibit O [Intentionally Omitted] Exhibit P Key Personnel Exhibit Q Preinstallation Meeings Exhibit R Lump Sum GC Categories CM/GC Form of Contract Contract - 1 CONSTRUCTION MANAGEMENT CONTRACT BETWEEN CM/GC AND OWNER THIS CONSTRUCTION MANAGEMENT AT RISK AGREEMENT (hereinafter the “Contract”) made this ___ day of ______, 20____ (hereinafter the “Effective Date”), by and between NSC CONSTRUCTION COMPANY, LLC D/B/A NEW SOUTH CONSTRUCTION COMPANY, LLC., a Georgia limited liability company with an office at 1180 West Peachtree Street, Atlanta, Georgia 30309, (which shall perform the services of the CM/GC provided in this Contract and shall hereinafter be referred to as the “CM/GC”), and CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the City of Milton City Council (hereinafter the “Owner”), collectively referred to as the “Parties”. WHEREAS, the Owner desires to employ a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the Owner solicited proposals for construction of the Project pursuant to City of Milton Request for Proposal, Project Number 18-PW04, dated January 25, 2018; and WHEREAS, the CM/GC submitted a complete and timely proposal and met all proposal requirements such that the Owner awarded Project Number 18-PW04 to the CM/GC; and WHEREAS, the Owner finds that specialized knowledge, skills, and training are necessary to perform the services contemplated under this Contract; and WHEREAS, the CM/GC has represented that it is qualified by training and experience to perform the services; and WHEREAS, based upon CM/GC’s proposal to perform the services of CM/GC related to the Project Number 18-PW04, the Owner has selected CM/GC as the successful proposer; and WHEREAS, CM/GC desires to perform the services as set forth in this Contract under the terms and conditions provided in this Contract; and WHEREAS, the public interest will be served by this Contract. NOW THEREFORE, the CM/GC and the Owner, for and in consideration of the mutual promises set forth herein and other good and adequate consideration, the adequacy and sufficiency of which is hereby acknowledged by each party, do mutually agree as follows: PROJECT NO. 18-PW04 PROJECT NAME AND DESCRIPTION: Milton Court/Police and Fire Facility (hereinafter the “Project”). 1. Existing Documents. The Owner’s Program and Existing Documents, which the CM/GC has reviewed and taken into consideration in preparing his proposal for fees and general conditions, are set forth on Exhibit A. 2. Notice. Notice in accordance with Section 1.1.5 shall be given to the following addresses: CM/GC: NSC Construction Company, LLC d/b/a New South Construction Company, LLC 1180 West Peachtree Street Atlanta, Georgia 30309 Attention: Dave Butler Phone Number: 404 443-6410 OWNER: City of Milton, Georgia City of Milton City Council 2006 Heritage Walk Milton, GA 30004 Attention: City Manager CM/GC Form of Contract Contract - 2 Phone Number: 678 242-2500 DESIGN PROFESSIONAL: Cooper Carry 191 Peachtree Street NE, Suite 2400 Atlanta, Georgia 30303 Attention: Sean McLendon, AIA Phone Number: 404 237-2000 3. Owner’s Representative: All notices sent to the Owner at the above address shall also be sent to the Owner’s Representative. The Owner’s Representative for this Project shall be: OWNER’S REPRESENTATIVE: 2006 Heritage Walk Milton, Georgia 30004 Attention: Robert Buscemi Phone Number: 678 242-2500 4. GMP Cost Limitation (Total CM/GC Contract Cost Limitation): The total amount paid under this Contract as compensation for Work performed and reimbursement for costs incurred, the Guaranteed Maximum Price, including but not limited to the CM/GC’s Fee, shall in no event exceed the following amount: $12,875,000.00 except as such amount may be amended pursuant to a Change Order, as described herein; provided that the GMP has not been established as of the Effective Date and will be established using a Change Order pursuant to this Contract. Such amount represents Owner’s maximum allowable amount for construction and the Designer shall produce a final design within such amount. The City’s budget for the entire Project is $13,000,000.00. This is the combination of the GMP, the City’s obligation under the separate Preconstruction Services Agreement (the $50,000 Preconstruction Services Fee) and the Owner’s Contingency of $75,000. 5. CM/GC Fee: Total CM/GC Fee: The CM/GC Fee shall the following fixed amount: $500,000 The CM/GC’s gross profit and its indirect (“back office”) overhead are all compensated as part of the CM/GC Fee. Preconstruction Phase Fees are all included in the CM/GC Preconstruction Services Agreement and are not part of the CM/GC Fee. 6. CM/GC Overhead Costs and Expenses: The amount allowable for the CM/GC’s Overhead Costs and Expenses shall be the following fixed amount: $607,100 CM/GC Overhead Costs and Expenses is a fixed cost provided for all on-site general conditions. Indirect (“back office”) overhead is compensated as part of the CM/GC Fee and is not compensated under CM/GC Overhead Costs and Expenses. Preconstruction Phase Costs and Expenses are all included in the CM/GC Preconstruction Services Agreement and are not part of the CM/GC Overhead Costs and Expenses, which are solely attributable to the construction phase. Time Dependant Overhead Costs shall equal $1,980 per day. 7. Completion Date a. The Material Completion Date is 370 calendar days after the Effective Date, or as otherwise modified in accordance herewith. b. The Final Completion Date is thirty (30) days after the Material Completion Date. 8. Liquidated Damages: The agreed daily amount for Liquidated Damages is $1,200 per day. CM/GC Form of Contract Contract - 3 9. Scope Of Basic Services And The Work. The CM/GC shall perform all of the Basic Services and furnish all of the materials and perform all of the Work described in the Contract Documents and shall do everything required by the Contract Documents, unless the Contract Documents specify that the relevant portion of the Work shall be completed by another entity. 10. Schedule And Completion. The Work to be performed under the Contract Documents shall be commenced upon execution of this Contract and shall be completed in accordance with the approved Overall Project Schedule not later than 30 days after the Material Completion Date set forth above. The parties agree and acknowledge that the Preconstruction Services Agreement controls the start date and timing of preconstruction services, which are not part of the Work 11. The Guaranteed Maximum Price (GMP). A GMP will be established in accordance with Section 3, Part 3 of the General Requirements. The GMP may be replaced by a Lump Sum Price as set forth in Article 3.3.6 of the General Requirements. 12. Payments. Payments on account of the Contract shall be made in accordance with Section 4 of the General Requirements. The Payment for Final Completion shall be made by a check payable jointly to the CM/GC and Surety and shall be mailed to the Surety. 13. Final Payment. Final payment will be made in accordance with Section 6, Part 5 of the General Requirements, provided that all other requirements of the Contract Documents shall have been met in full. 14. The Contract Documents. The Contract Documents include this executed Contract, any Component Construction Documents, the Construction Documents, and all Change Orders as defined in the General Requirements. (See Article 1.1.9). 15. Surety Bonds. The CM/GC shall furnish both a performance bond and a payment bond specified in the General Requirements and shall pay the premiums thereon as a Cost of the Work. The performance bond shall guarantee the full performance of the Contract and Contract Documents. 16. Full Performance. The Owner and the CM/GC hereby agree to all the requirements, conditions and stipulations contained in the Contract Documents, and the CM/GC hereby agrees to fully perform the Basic Services and the Work described herein and in the Contract Documents. 17. Applicable Law. This Contract and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 18. No Conflict Of Interest. The CM/GC covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance required under this Contract. The CM/GC further covenants that, in the performance of this Contract, no person having any such interest shall be employed or contracted with. 19. Authority to Contract. CM/GC 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 CM/GC to the terms of this Contract, if applicable. Ratification of this Contract by a majority of the City of Milton City Council shall be authority for the mayor to execute on behalf of the council but shall not preclude execution by the full council. 20. No Assignment. The CM/GC covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, including but not limited to the proceeds of this Contract, without the prior express written consent of the Owner. As to any approved Subcontractors, the CM/GC shall be solely responsible for reimbursing them, and the Owner shall have no obligation to them. 21. No Waiver. No failure of the Owner at any time to require performance by the CM/GC of any provision hereof, or to enforce any right or power granted under this Contract, or insist upon strict compliance by CM/GC with this Contract, and no custom or practice of the Owner at variance with the terms and conditions of this Contract shall constitute a general waiver of any future breach or default or affect the right of the Owner to demand exact and strict compliance by the CM/GC with the terms and conditions of this Contract. 22. Severability. If any article(s), section(s), term(s) or provision(s) of this Contract, or any part thereof, or the application thereof to any person or circumstance shall be deemed invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Contract should be severed, and the remainder of this Contract, or the application of such term or CM/GC Form of Contract Contract - 4 provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall remain in full force and effect to the extent possible as if this Contract 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 Contract without including any such part, parts, or portions which may for any reason be hereafter declared invalid. 23. Full Agreement. The Contract Documents supersede all prior negotiations, discussion, statements, and agreements between Owner and CM/GC and constitute the full, complete, and entire agreement between Owner and CM/GC. There can be no changes to this Contract by oral means, nor by course of conduct of the parties, nor by custom of the trade. No changes to this Contract will be binding on either party hereto unless such change is properly authorized, in writing, in accordance with Section 3 of the General Requirements. 24. Sovereign Immunity. Nothing contained in this Contract shall be construed to be a waiver of the Owner’s sovereign immunity (except as otherwise required by law, including but not limited to G.A. CONST. art. I, § II, para. IX(c) related to breach of contract) or any individual’s qualified good faith or official immunities. 25. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any Owner Party (defined in Article 1.1.9.47 of the General Requirements). No Owner Party shall be personally liable to the CM/GC or any successor in interest in the event of any default or breach by the Owner or for any amount which may become due to the CM/GC or successor or on any obligation under the terms of this Contract. The CM/GC agrees that its sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against the Owner and not against any Owner Party. [SIGNATURES ON FOLLOWING PAGE] CM/GC Form of Contract IN WITNESS WHEREOF the parties hereto have executed this ContracyChe ¢by and year first written above. SIGNED, SEALED, AND DELIVERED In the Bence of: Jr�ss .. No ;y�wseaa CATHEpRINE FRAZIER DAY 08 u t n County s,�Ea� 1w�`; My Commiss10A Expires M dYr�`- GRtion ber 25, 2022 OWNER: CITY OF MILTON, GEORGIA SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: By: By: [CORPORATE SEAL] Joe Lockwood, Mayor [CITY SEAL] Approved as to form: Contract - 5 City Attorney CM/GC Form of Contract Contract - 6 Acknowledgment by Design Professional (also referred to as the “Architect”): Design Professional hereby acknowledges receipt of this Agreement, acknowledges that it has read this Agreement, and acknowledges that it understands the role of the Design Professional, as set forth herein. ____________________________________________ Design Professional (“Architect”) By: _____________________________________ Title ATTEST By: _____________________________________ Title Attachments: 1. General Requirements, Forms and Exhibits Table of Contents General Requirements i General Requirements GENERAL REQUIREMENTS CONTENTS SECTION 1 – GENERAL PART 1 – GENERAL 1.1.1 General Matters. 1.1.2 Project Team, Cooperation, Partnering. 1.1.3 Intentionally Omitted. 1.1.4 Third Party Beneficiary. 1.1.5 Notice. 1.1.6 Liquidated Damages. 1.1.7 Documents. 1.1.8 Defined Terms. 1.1.9 Basic Definitions. PART 2 – CM/GC’S GENERAL RESPONSIBILITIES AND DUTIES 1.2.1 General Responsibilities. 1.2.2 General Duties. 1.2.3 General Consultation Services. 1.2.4 Other Actions. 1.2.5 Existing Documents. 1.2.6 Duty to Give Notice to Owner. PART 3 – OWNER’S RESPONSIBILITIES AND RIGHTS 1.3.1 Owner’s Representative. 1.3.2 Design Professional. 1.3.3 Permits, Licenses, and Inspections. 1.3.4 Testing. 1.3.5 Owner’s Independent Consultants. 1.3.6 No Partial Occupancy. 1.3.7 Disqualification of Potential “Prequalified” Subcontractors. 1.3.8 Owner’s Right to Perform Work. PART 4 – PROTECTION OF PERSONS AND PROPERTY 1.4.1 Reasonable Precautions. 1.4.2 Duty to Protect Property. 1.4.3 Safety Precautions. 1.4.4 Emergencies. 1.4.5 Fire Protection. 1.4.6 Remedy Damages. 1.4.7 Written Programs. PART 5 – BONDS, INDEMNITY AND INSURANCE 1.5.1 Bonds. 1.5.2 Liability and Indemnification. 1.5.3 Insurance Requirements. PART 6 – HAZARDOUS CONDITIONS AND MATERIALS 1.6.1 Hazardous Materials. 1.6.2 Responsibility and Warranty of Trade Contractors, Suppliers and Subcontractors. 1.6.3 Hazardous Materials and Substances Used on the Job Site. 1.6.4 Hazardous Conditions. PART 7 – MISCELLANEOUS PROVISIONS. 1.7.1 Legal Compliance. 1.7.2 Surveys, Permits, and Regulations. 1.7.3 Open Records Act. 1.7.4 Use of Site. 1.7.5 [RESERVED] 1.7.6 Utilities. 1.7.7 Royalties and Patents. Table of Contents General Requirements ii General Requirements 1.7.8 Separate Contracts. 1.7.9 Records, Reports and Audits. 1.7.10 Employment of Georgia Citizens and Use of Georgia Products and Georgia Forest Products. 1.7.11 Interpretation of Contract Documents. 1.7.12 Counterparts. 1.7.13 Forms and Specimens. 1.7.14 Entire Contract. 1.7.15 Confidentiality. 1.7.16 Licenses, Certifications and Permits. 1.7.17 Key Personnel. 1.7.18 Ownership of Work. 1.7.19 Meetings. 1.7.20 Nondiscrimination. 1.7.21 Headings. 1.7.22 No Third Party Rights. 1.7.23 Successors and Assigns. SECTION 2 – PRECONSTRUCTION PHASE PART 1 – SUPPLEMENTAL PRECONSTRUCTION PHASE SERVICES 2.1.1 [RESERVED] 2.1.2 [RESERVED] 2.1.3 [RESERVED] 2.1.4 [RESERVED] 2.1.5 Scheduling Requirements. 2.1.6 [RESERVED] 2.1.7 [RESERVED] 2.1.8 [RESERVED] 2.1.9 [RESERVED] 2.1.10 [RESERVED] 2.1.11 [RESERVED] 2.1.12 [RESERVED] PART 2 – CONSTRUCTION DOCUMENTS AND SITE PLAN 2.2.1 General Provisions Regarding Construction Documents. 2.2.2 Documents at the Project Site. 2.2.3 [RESERVED] 2.2.4 Special Situation – New Sole Source Designation. 2.2.5 [RESERVED] 2.2.6 Manufacturer’s Recommendations. 2.2.7 Site Plan. 2.2.8 Geological and Archaeological Specimens. SECTION 3 – CONSTRUCTION PHASE PART 1 – CONSTRUCTION SERVICES 3.1.1 Basic Construction Services. 3.1.2 Meetings and Schedule Updates. 3.1.3 Construction Budget. 3.1.4 Coordination of the Work. 3.1.5 Mobilization. 3.1.6 Duty to Commence. 3.1.7 Notice of Commencement. 3.1.8 Measurements and Dimensions. 3.1.9 Rain Water, Surface Water, and Back-up. 3.1.10 Dust Control. 3.1.11 Cutting, Patching and Fitting. 3.1.12 Space Conditions. 3.1.13 Cleaning. 3.1.14 Duty of CM/GC to Report Defects. 3.1.15 Duty of CM/GC to Report Conflicts. Table of Contents General Requirements iii General Requirements PART 2 – COMPONENT CHANGE ORDERS 3.2.1 Scope of Part. 3.2.2 Component Change Order Proposal. 3.2.3 Component Change Order Sum. 3.2.4 Unacceptable Proposals. 3.2.5 Time for Review. 3.2.6 Rejection. 3.2.7 Proceed Order for a Component. 3.2.8 Duty to Proceed. 3.2.9 Owner's Liability. 3.2.10 Completion Date. 3.2.11 Effect of GMP Change Order. 3.2.12 Cumulative Effect of Component Change Orders. 3.2.13 Pre-Commencement Obligations. PART 3 – GMP Change Order 3.3.1 Guaranteed Maximum Price Proposal. 3.3.2 Submittal of GMP Change Order. 3.3.3 Acceptance or Rejection of GMP Change Order. 3.3.4 Duty to Proceed. 3.3.5 Modification of GMP. 3.3.6 Replacement of GMP with Lump Sum Price. PART 4 – CHANGES TO THE WORK 3.4.1 Acknowledgement of Existing Physical Conditions. 3.4.2 Owner's Right to Make Changes. 3.4.3 Changes Forbidden without Consent of Owner. 3.4.4 Form and Execution of Change Orders. 3.4.5 All Cost and Time Impacts to be Included. 3.4.6 Changes in Contract Time. 3.4.7 Determining the Cost to Owner for Changes. 3.4.8 Overhead and Profit for Change Orders. 3.4.9 Allowable Costs for Changes in the Work. 3.4.10 Costs Not Allowable for Changes in the Work. 3.4.11 Change Order Formats. 3.4.12 Changes due to Subsurface or Other Unforeseen Conditions. 3.4.13 Compensable Rock. 3.4.14 Subcontractor Claims for Extended Overhead Costs. 3.4.15 Release of Claims. 3.4.16 Sole Source Designation for Change Order Work. 3.4.17 Effect of Change Order. PART 5 – TIME. 3.5.1 Time is of the Essence. 3.5.2 Competent Management of Time. 3.5.3 Contract Time. 3.5.4 Commencement, Prosecution, and Completion. 3.5.5 Construction Progress Schedule and Overall Progress Schedule. 3.5.6 Completion Date. 3.5.7 General Rule – No Damages for Delay, Extension of Time Sole Remedy. 3.5.8 Exception to General Rule – Compensable Delay. 3.5.9 Non-Compensable Delay. 3.5.10 Submission of Claims for Compensable Delay, Extending the Material or Final Completion Date. 3.5.11 Recovery of Schedule Delays. PART 6 – CORRECTING THE WORK; INSPECTIONS; COVERING AND UNCOVERING WORK 3.6.1 Duty to Promptly Correct Work. 3.6.2 Correcting the Work. 3.6.3 No Delay. 3.6.4 Inspection of Work. 3.6.5 Covering and Uncovering Work. Table of Contents General Requirements iv General Requirements 3.6.6 Inspection Does Not Relieve CM/GC. 3.6.7 Owner may Require Uncovering of Work. 3.6.8 Intentionally Omitted. 3.6.9 Effect of Notice of Non-Compliant Work. 3.6.10 Deductions for Uncorrected Work. PART 7 – TRADE CONTRACTORS; SELF-PERFORMANCE 3.7.1 Parties. 3.7.2 Selection. 3.7.3 Proposers Lists. 3.7.4 CM/GC Proposal Review. 3.7.5 Responsible Proposers. 3.7.6 Owner Rights. 3.7.7 CM/GC Award. 3.7.8 CM/GC Self-Performance. 3.7.9 Duty to Continue Work. 3.7.10 Alternative Price Terms. 3.7.11 CM/GC Supplied Equipment of Supplies. 3.7.12 No Conflict of Interests. 3.7.13 Fair Opportunity for Trade Contractors – Trade Packages. 3.7.14 Warranty of CM/GC. 3.7.15 CM/GC Responsible for Acts and Omissions of Trade Contractors, Materialmen, Suppliers, and Employees. 3.7.16 Relationship of CM/GC and Trade Contractors. 3.7.17 Assignment of Trade Contracts, Subcontracts. SECTION 4 – COMPENSATION PART 1 – GENERAL. 4.1.1 Authorized Compensation and Limitations. 4.1.2 Audit. 4.1.3 Limitation of Owner Liability. 4.1.4 Provision for Further Development of the Contract Documents. 4.1.5 Inclusion of Contingency Amounts in GMP. 4.1.6 CM/GC’s Compensation Prior to Acceptance of GMP. PART 2 – INTENTIONALLY OMITTED PART 3 - PAYMENT FOR CONSTRUCTION PHASE SERVICES 4.3.1 Basis of Compensation. 4.3.2 Submission of Applications for Payment. 4.3.3 Timing of Payments. 4.3.4 Payments Withheld. 4.3.5 Retainage. 4.3.6 Subcontractor’s Retainage Release. 4.3.7 Supplier’s Retainage Release. 4.3.8 CM/GC’s Warranty on Applications for Payment. 4.3.9 Special Provisions for Payments of CM/GC under a Component or GMP Change Order. 4.3.10 Applications for Payment. 4.3.11 Schedule of Values. 4.3.12 Representations of CM/GC. 4.3.13 Design Professional’s Certificate Not Acceptance of Work 4.3.14 Payment Not Acceptance of Work. 4.3.15 Payment for Change Order Work. 4.3.16 Payment Due. 4.3.17 Late Payment and Interest. PART 4 – COST OF THE WORK. 4.4.1 Definition. 4.4.2 Intentionally Omitted. 4.4.3 Construction Phase Services. 4.4.4 Limitations on the Cost of the Work. 4.4.5 Construction Contingency Costs. 4.4.6 Adjustments to Construction Contingency. Table of Contents General Requirements v General Requirements 4.4.7 Release of Construction Contingency. 4.4.8 Final Disposition of Construction Contingency. 4.4.9 Owner Option. 4.4.10 Discounts, Rebates, Etc. PART 5 – LIENS. 4.5.1 Public Property Not Subject to Lien. 4.5.2 Notice of Commencement. 4.5.3 Release of Liens. SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES, AND TERMINATION PART 1 – OWNER’S RIGHT TO SUSPEND THE WORK. 5.1.1 Owner’s Right to Suspend Work. 5.1.2 Owner’s Right to Stop Work. 5.1.3 Owner’s Rights Independent from Rights and Duty of the Design Professional. PART 2 – CONTRACT ADJUSTMENTS AND DISPUTES 5.2.1 General Provisions. 5.2.2 General Claims for Contract Adjustments and Disputes. 5.2.3 Dispute Resolution. PART 3 – TERMINATION 5.3.1 Owner’s Right to Terminate Contract Without Cause. 5.3.2 Owner’s Right to Declare Default and/or Terminate Contract for Cause. 5.3.3 CM/GC’s Right to Terminate. 5.3.4 Termination for Abandonment by CM/GC. 5.3.5 Notices of Termination. 5.3.6 Duties Upon Termination . 5.3.7 Cumulative Remedies. SECTION 6 – PROJECT COMPLETION. PART 1 – MATERIAL COMPLETION 6.1.1 – Prerequisites. 6.1.2 – Material Completion. PART 2 – FINAL COMPLETION 6.2.1 – Final Completion. 6.2.2 – Effect of Achieving Final Completion. 6.2.3 – Effect of Failure to Achieve Final Completion. PART 3 – INSPECTIONS FOR COMPLETION OF THE WORK 6.3.1 – General Responsibility of the CM/GC for Inspection. 6.3.2 – Notice of Readiness for Inspection for Material Completion. 6.3.3 – Conducting the Inspection for Material Completion. 6.3.4 – Certificate of Material Completion. 6.3.5 – Determination of Final Completion. 6.3.6 – Conducting the Interim Inspection for Punchlist Completion. 6.3.7 – Conducting the Inspection for Final Completion. 6.3.8 – Final Notice of Non-Compliant Work. 6.3.9 – Certificates of Occupancy. 6.3.10 – Notification of Owner of Site Visits by the CM/GC or Trade Contractors. PART 4 – FINAL DOCUMENTS 6.4.1 – Final Documents. 6.4.2 – Presentation of Final Documents. 6.4.3 – Keys. PART 5 – PAYMENT FOR MATERIAL COMPLETION AND FOR FINAL PAYMENT 6.5.1 – Payment for Material Completion. 6.5.2 – Application for Payment for Material Completion. 6.5.3 – Intentionally Omitted. 6.5.4 – Intentionally Omitted. Table of Contents General Requirements vi General Requirements 6.5.5 – Final Payment. 6.5.6 – Intentionally Omitted. 6.5.7 – Incomplete Work. 6.5.8 – No Substantial Completion. 6.5.9 – Final Completion of the Entire Project and Final Payment. 6.5.10 – Certification of CM/GC Before Final Payment. 6.5.11 – Payment. 6.5.12 – Conditional Certificate. 6.5.13 – Prerequisites to Payment. 6.5.14 – Disbursement of Retainage. 6.5.15 – Failure to Provide Release or Waiver. 6.5.16 – Acceptance of Final Payment by CM/GC. 6.5.17 – Continued Right to Audit. PART 6 – CORRECTION OF WORK AFTER FINAL PAYMENT 6.6.1 – Non-complying or Defective Work. 6.6.2 – Warranty and Guaranty. 6.6.3 – Warranty Complaint Item Procedure. SECTION 7 – CONTRACT FORMS Performance Bond Payment Bond Non-Collusion Affidavit Final Affidavit Specimen Certificate of Manufacturer Certificate of Insurance Subcontractor Retainage Release Certificate EXHIBITS Exhibit A Owner’s Program and Existing Documents Exhibit B [Intentionally Omitted] Exhibit C Budget Format Exhibit D Monthly Report Format Exhibit E [Intentionally Omitted] Exhibit F Preliminary Outline Schedule Exhibit G Specimen Component Change Order Exhibit H Specimen GMP Change Order Exhibit I Specimen Change Order Exhibit J Wage Rates and Labor Cost Exhibit K Application for Payment Exhibit L Final Cost Certification Exhibit M Certificate of Material Completion Exhibit N Certificate of Final Completion Exhibit O [Intentionally Omitted] Exhibit P Key Personnel Exhibit Q Preinstallation Meetings Exhibit R Lump Sum GC Categories Section 1 – General Part 1 – General Provisions 1 General Requirements GENERAL REQUIREMENTS OF THE CONSTRUCTION MANAGEMENT CONTRACT SECTION 1 – GENERAL PART 1 – GENERAL PROVISIONS 1.1.1 General Matters. 1.1.1.1 This Contract and Affiliated Agreements – Requirement for Written Agreements. Affiliated Agreements are any agreement required by this Contract or deemed necessary, efficient, or expedient by CM/GC, between the CM/GC and any party other than the Owner. All Affiliated Agreements, including but not limited to any subsequent modifications, must be in writing, dated, and executed by the parties. Affiliated Agreements, including but not limited to financial arrangements with respect to this Project, must be promptly and fully disclosed to the Owner upon their execution or modification. The Affiliated Agreements shall be executed in conformance with the requirements in Section 3, Part 7. 1.1.1.2 Basic Statement of Owner Objectives. The Owner’s basic objectives are to develop Construction Documents based on the Documents listed in Exhibit A, which are incorporated herein by reference, so as to permit construction of the Project within the limits of the funds available to Owner for construction of the Project as established by the Owner (but in no event in excess of the GMP Cost Limitation set forth in Paragraph 4 of the Contract) and to construct the Project in accordance with the approved Construction Documents. The basic tenets of this Contract, which shall form the basis of interpretation of this Contract, are set forth in the Preface and incorporated by reference herein. 1.1.1.3 Project Team. To accomplish Owner’s objectives, Owner intends to employ a team concept in connection with the development of Construction Documents and construction of the Project. The basic roles and general responsibilities of team members are set forth in general terms below but are more fully set forth in the Architectural Contract with respect to the Design Professional and in this Contract with respect to the CM/GC. In no way shall CM/GC be governed by or its obligations and responsibilities governed by the Architectural Contract. 1.1.1.3.1 Relationship of Parties. The Owner and the CM/GC agree to proceed with the Project on the basis of trust, good faith, and fair dealing, to cooperate fully with each other and shall do all things reasonably necessary to perform this Contract in an economical and timely manner, including without limitation, consideration of design modifications and alternative materials or equipment, if considered necessary or convenient by the Owner. The CM/GC agrees to procure or furnish, as permitted by the laws of Georgia, all construction phase services as set forth herein. The Owner shall endeavor to promote harmony and cooperation among the Owner, Design Professional, CM/GC and other persons or entities employed by the Owner for the Project. 1.1.1.3.2 Design Professional. The Design Professional is retained in accordance with the Architectural Contract (i) for the design and preparation of Construction Documents that are necessary to implement the Program governing the construction of the Project or Components thereof, and the design and preparation of any necessary documents antecedent to preparation of such Construction Documents and (ii) for supervision or architectural administration of the Work under Contract Documents. The term “Design Professional” includes engineers, surveyors, designers and the other consultants retained by the Design Professional. The CM/GC acknowledges and agrees that the Contract Documents are addressed to skilled tradesmen in the construction profession who shall be required to use their special skills and experience, through Submittals and Shop Drawings, to translate the Design Professional’s design intent as expressed in the Contract Documents into a completed structure. Design Professional shall ensure that the Contract Documents specify when Shop Drawings or Submittals require the seal of a specialty consultant. 1.1.1.3.2.1 The basis of the Owner's engagement of the Design Professional is the “Design Professional Contract”, also known as the Architectural Contract. The CM/GC acknowledges that both the Owner and the Design Professional have on file, at their respective places of business, copies of that executed agreement, and that both the Owner and the Design Professional will make available for review by CM/GC those copies at the CM/GC's request. The Design Professional is not the agent of the Owner, except to the extent so specified in writing, but is employed as a consultant to the Owner to assist the Owner in determining if the conditions of this Contract have been met. 1.1.1.3.2.2 A copy of the Design Professional Contract is attached hereto in Exhibit A and incorporated herein by reference. CM/GC shall become familiar with the respective services, authorities, obligations, and responsibilities of the parties as provided in the Design Professional Contract. CM/GC agrees to coordinate, assist, and develop a working relationship with the Design Professional to effect the purposes of the Project in accordance with the terms of this Contract and the Design Professional Contract. Section 1 – General Part 1 – General Provisions 2 General Requirements 1.1.1.3.2.3 The CM/GC also acknowledges that the Design Professional will consult with and assist the Owner in developing and implementing the Owner's objectives, including budgeting and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and Site requirements. Furthermore, the CM/GC acknowledges that the Owner and the Design Professional are proceeding with the Project on the basis of trust, good faith, and fair dealing, and they will take all actions reasonably necessary to ensure the Project proceeds to completion within the Owner's time and budgeting constraints. The CM/GC further acknowledges that in order for the Design Professional to perform its obligations under the Design Professional Contract, the Design Professional requires certain materials, information or other submissions as per the Contract Documents, from the CM/GC. The CM/GC agrees to provide the Design Professional with the Submittals required by the Construction Documents. The CM/GC further agrees to cooperate with the Design Professional to ensure timely completion of all obligations under this Contract and the entire Project. 1.1.1.3.2.4 CM/GC agrees that the services provided by the Design Professional under the Architectural Contract are intended to coordinate and complement, but not to diminish, alter or substitute for any of the services, authority, obligations, or responsibilities of the CM/GC under this Contract. CM/GC further agrees that the performance of services by the Design Professional in connection with the Project shall in no way relieve CM/GC from any of its services, authority, obligations, or responsibilities under this Contract, and shall not alter or diminish those services, authority, obligations, or responsibilities in any way whatsoever. 1.1.1.3.3 [RESERVED] 1.1.1.3.4 Owner's Representative. Owner shall from time to time in writing designate one person as Owner's Representative under this Contract. Owner's Representative so designated in writing shall serve as Owner's Representative under this Contract unless or until Owner gives notice in writing of the appointment of his successor. Owner or Owner's Representative may designate in writing assistants to serve as Owner's Representative with respect to the Project governed by this Contract or in different phases or in specific areas of responsibility with respect to the Project. All requests for consents and approvals required of Owner in connection with the Project, whether by Design Professional, or CM/GC, shall be submitted to Owner's Representative, or if the matter is within the written designation of authority of his assistant, to his designated assistant. Design Professional and CM/GC may rely upon written consents and approvals signed by the Owner's Representative, or his designated assistant acting within the scope of his written designation, as the consent and approval of Owner, provided that CM/GC acknowledges that Owner’s Representative may not bind the Owner to any decision, written statement or representation materially altering the terms of the Contract Documents or increasing the total amount paid under this Contract in excess of Guaranteed Maximum Price (with the exception of expenditures within the Owner’s Contingency), as such changes must be approved by resolution of the City of Milton City Council. 1.1.1.3.5 Intentionally Omitted. 1.1.1.3.6 CM/GC. In accordance with this Contract, the CM/GC shall participate in the review and development of the design of the Project set forth in the Program and, in coordination with the Design Professional, shall participate in the scheduling of such design work and of construction of the Project, the Components thereof, construction of the Components of the Project under Component Change Orders, and of the entire Project under a GMP Change Order. Nothing herein shall be deemed to impose upon the CM/GC any responsibilities to provide any services constituting the practice of architecture, engineering, or any related design profession. CM/GC shall exercise the professional skill and judgment of a CM/GC in similar circumstances in Georgia in the performance of its construction management services. 1.1.1.3.7 Owner’s Construction Inspector. From time to time, in writing, the Owner may hire and/or designate an individual or firm as Owner's Construction Inspector under this Contract. The Owner’s Construction Inspector may be hired by Owner or Design Professional’s contract and shall provide up to 100% inspection services of the Work on behalf of the Owner. The presence of an Owner’s Construction Inspector does not relieve the CM/GC of any of its responsibilities for quality control and independent testing set forth in the General Requirements. The Owner’s Construction Inspector has the authority to report any deviations from the Contract Documents directly to the CM/GC’s superintendent at the job Site for immediate action, and also to report same to the Design Professional, and Owner. 1.1.1.3.8 Representatives. The designated representatives of the CM/GC and the Owner shall have full authority to act (other than for the receipt of notices that must be given as specified in Paragraph 1.1.5) in matters relating to this Contract until notice is given that such authority has been revoked; provided that CM/GC acknowledges that Section 1 – General Part 1 – General Provisions 3 General Requirements Owner’s Representative may not bind the Owner to any decision, written statement or representation materially altering the terms of the Contract Documents or increasing the total amount paid under this Contract in excess of the Guaranteed Maximum Price (with the exception of expenditures within the Owner’s Contingency), as such changes must be approved by resolution of the City of Milton City Council, and that the Owner’s Representative must act within the guidelines of the Contract Documents and Construction Documents, and all Change Orders thereto. CM/GC and the Owner may each rely upon the written certification of the other as to the appointment of a designated representative or the revocation of his authority. The CM/GC shall designate, in writing, a representative authorized to act on the CM/GC's behalf with respect to the Project. The CM/GC's initial authorized representative shall be the Project Superintendent identified in the CM/GC’s proposal. CM/GC shall employ the Project Superintendent and necessary assistants who shall be in attendance at the Site during the progress of the Work. CM/GC shall be represented by an officer of the CM/GC All written communications given to such officer shall be binding upon the CM/GC. 1.1.1.3.9 Separate Contractor. Owner may select one or more Separate Contractors to perform work with respect to the Project or Components thereof. The CM/GC shall afford the Owner's Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall coordinate the Separate Contractors’ schedules with those of the CM/GC. The Owner's Separate Contractors shall adhere to the CM/GC's work rules, schedule, lay down areas, and safety requirements. 1.1.1.3.10 Commissioning Authority. Owner may select and employ a Commissioning Authority to perform building commissioning activities and monitor testing activities. The Commissioning Authority shall perform and coordinate and accomplish its work as set forth in Articles 1.3.4 and 2.1.7. 1.1.2 Project Team, Cooperation, Partnering. 1.1.2.1 Concept. It is the Owner's expectation that the Design Professional, Owner, CM/GC, and any Separate Contractor, shall work as a Project Team to effect the commencement of and completion of construction in accordance with the Project Schedule, and to achieve Final Completion of the Project. Each team member shall communicate with all other team members to assure overall coordination, cooperation, and efficiency. Each team member shall cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. The CM/GC shall schedule regular meetings of the key principals of the Project Team in an effort to solve problems in a partnering atmosphere to facilitate the ability of each team member to meet its business objectives, so long as its business objectives are consistent with the successful completion of the Project. It is the Owner’s intent that all consensus decisions of the Project Team, where differing from the Contract Documents, be reduced to writing in an appropriate Change Order. 1.1.2.2 Conference. Promptly after the execution of this Contract, CM/GC shall confer with the Design Professional, and Owner to identify personnel and relevant organizational charts of each team member, and to establish working relationships with each team member. 1.1.2.3 Authority of CM/GC. CM/GC is, and at all times during the term of this Contract shall be, an independent contractor in the performance of its duties and obligations under this Contract. CM/GC shall have no authority to bind or otherwise obligate Owner, orally, in writing or by any acts, unless specifically authorized by Owner in writing, and then only for the limited purpose and extent stated in such authorization. Nothing contained in this Contract shall constitute or be deemed or construed to create a partnership or joint venture, or any agency relationship, between Owner and CM/GC. 1.1.3 Intentionally Omitted. 1.1.4 Third Party Beneficiary. CM/GC acknowledges, stipulates, and agrees that the Owner is a municipal corporation of the State of Georgia acting by and through the City Council of City of Milton, Georgia, and that the Owner is performing an essential public and governmental function by means of the Contract. There are no third party beneficiaries of this Contract. 1.1.5 Notice. 1.1.5.1 General Requirement. Any notice, election, demand, request, consent, approval, or other communication required or permitted to be given under this Contract shall be in writing signed by an officer or duly authorized representative of the party making same 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 address Section 1 – General Part 1 – General Provisions 4 General Requirements shown in the Contract. The persons and addresses to which notices should be given may be changed by notice given in accordance with this Article. 1.1.5.2 Copies of Notices to Owner. Wherever the Contract Documents provide that a copy of any notice, request, or demand filed with the Design Professional by the CM/GC shall be furnished to the Owner, such notice, request, or demand shall not become effective until the Owner has received his copy. No notice in writing or given orally to the Design Professional is notice to the Owner unless copy of the aforesaid notice in writing shall have been properly served upon the Owner at the address shown in the Contract. 1.1.6 Liquidated Damages. 1.1.6.1 Time of the Essence. Time being of the essence of this Contract, and a material consideration thereof, it is mutually agreed by the parties hereto that in the case of the CM/GC’s failure to complete the construction within the time specified, the Owner will be damaged thereby. The CM/GC shall commence performance of the Work on the Site under this Contract as of the Proceed Order Date. The CM/GC shall complete construction, except for Minor Items and Permitted Incomplete Work (see Article 6.1.2), not later than the Material Completion Date, as adjusted by Change Order. 1.1.6.2 Liquidated Damages. Because it is difficult to definitely ascertain and prove the amount of actual damages likely to result if CM/GC fails to complete the construction within the time specified, inclusive of, but not limited to, expenses for inspection, superintendence, loss of use, and necessary traveling expenses, the Owner and CM/GC hereby agree that, instead of requiring any such proof, as liquidated damages for delay (but not as a penalty), the CM/GC shall pay the daily amount for Liquidated Damages specified in Paragraph 8 of the Contract for each and every calendar day that expires after the Material Completion Date, as provided herein, or as agreed by both parties in a Change Order. The CM/GC shall be responsible for payment of the Liquidated Damages, accrued daily, beginning upon the contractually required Material Completion Date and ending on the date that the Certificate of Material Completion is issued. The parties agree that the specified Liquidated Damages are not established as a penalty but are calculated and agreed upon in advance as a fair and equitable amount reasonably estimated in advance to cover losses to be incurred by the Owner for such delay or interruption in view of the uncertainty and impossibility of ascertaining actual damages that would be incurred. 1.1.6.2.1 CM/GC Agrees to Pay. The CM/GC agrees to pay the amount, computed by multiplying the Liquidated Damages set forth in the Contract by the number of days between the contractually required Material Completion Date and the date that the Certificate of Material Completion is issued. 1.1.6.2.2 Deducted as They Accrue. Liquidated Damages shall be deducted from periodic payments as they accrue, and such deduction shall be in addition to the retainage provided for in the Contract. The remaining balance of any Liquidated Damages shall be deducted from the Payment for Final Completion to the CM/GC or its Surety. If the unpaid balance of the Contract Sum is less than the total amount to be deducted for Liquidated Damages as herein above provided, the CM/GC shall promptly pay to the Owner, upon the Owner's demand, the amount by which such sum exceeds the unpaid balance of the Contract Sum. 1.1.6.3 Limitation on Owner’s Damages. Except as otherwise set forth in the Contract Documents, damages of the Owner for delay shall be limited to the Liquidated Damages as defined herein. Nothing in this Article 1.1.6 shall be construed to limit Owner’s right to pursue damages or remedies for claims against the CM/GC for reasons other than delay. 1.1.7 Documents. 1.1.7.1 Precedence of Documents and Changes. In the event of conflict within or between this Contract and the General Requirements, this Contract shall govern, subject to the terms and conditions of the Assumptions and Clarifications to the GMP which shall take precedence over all other provisions of the Contract Documents. No change to the Contract Documents is effective unless notice shall have been issued by the Owner. The Design Professional has no authority to amend the Contract Documents, orally or in writing, either expressly or by implication. The Contract Documents are to be taken as a whole and are intended to be complementary with one another. It is also intended that they include all items necessary for the proper execution and completion of the Work. If a conflict exists between or within the Contract Documents, or if they are inconsistent, this Contract shall govern, provided that any Change Order executed after the date of this Contract shall control over any contrary terms contained in this Contract and any other Contract Documents existing at the time of this Contract. Section 1 – General Part 1 – General Provisions 5 General Requirements 1.1.7.2 Copies of Contract Documents to CM/GC. Without charge to the CM/GC, the Design Professional shall furnish to the CM/GC electronic access to current Drawings and Specification files and Rivit Model in accordance with the Design Professional’s contract for CM/GC’s use in planning, estimating, bidding, contract administration and other construction management activities. The CM/GC may obtain such additional sets of Contract Documents, as the CM/GC deems necessary and shall pay the cost of reproduction of such additional sets to the Design Professional. 1.1.7.3 Marked-Up (“As-Built”) Documents. Prior to Final Completion, the CM/GC shall provide one (1) complete set of Marked-Up Documents to the Design Professional. The Marked-Up Documents shall consist of the Drawings and Specifications, Change Orders, field instructions, answers to RFIs, clarifications, sketches, etc. annotated and changed to reflect the as-built condition of the Project, all Change Orders, field instructions, answers to Requests for Information (“RFI’s”), clarifications, sketches, delegated CM/GC design Drawings and locations of utilities and other hidden elements. 1.1.7.4 Copies to the Owner. Upon Owner’s request, the CM/GC shall furnish the Owner with copies of Project related correspondence, letters of transmittal, etc. 1.1.8. Defined Terms. Wherever used in the Contract Documents, the terms defined in this Contract will have the meanings indicated that are applicable to both the singular and plural, and to the masculine and feminine thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.1.8.1 Meaning of Words and Phrases. Unless the context or the Contract Documents taken as a whole indicate to the contrary, words used in the Contract Documents that have usual and common meanings shall be given their usual and common meanings; words having technical or trade meanings shall be given their customary meaning in the subject business, trade, or profession. Materials or work described in words that, so applied, have a well- known technical or trade meaning shall be held to refer to such recognized meaning. 1.1.8.2 Cross-References, Headings, and Citations to the Contract. Cross-references, headings, and citations to the Contract, if any, are for the convenience of the CM/GC and the Owner and are not intended to be plenary or exhaustive nor are they to be considered in interpreting the Contract Documents or any part of the Contract Documents. 1.1.8.3 Install, Deliver, Furnish, Supply, Provide and Other Such Words. Install, deliver, furnish, supply, provide, and other such words mean that the Work in question shall be put in place by the CM/GC ready for use unless expressly provided to the contrary. 1.1.8.4 Articles Not Plenary. This Article and Article 1.1.9 are not entire, plenary, or exhaustive of all terms used in the Contract and General Conditions that require definition. There may be definitions of other terms under articles to which the terms are related. Terms defined in the Design Professional Contract shall have the meanings set forth in those documents, unless otherwise specifically provided. 1.1.9 Basic Definitions. 1.1.9.1 Addenda. Written or graphic instruments issued by the Design Professional that clarify, correct, or change any of the Component parts of the Contract Documents. 1.1.9.2 Affiliate. With respect to CM/GC, any firm, partnership, corporation or other legal entity that is owned by, under common ownership or control with, or having a common principal or shareholder with, the CM/GC, whether such relationship is direct or indirect. In addition, unless the consequences of such relationship for the purposes of this Contract are expressly waived in writing by the Owner after full disclosure by the CM/GC, the term “Affiliate” also includes any entity currently affiliated with CM/GC as a partner or joint venturer with respect to any commercial venture, whether or not such venture includes the Project. See O.C.G.A. §36-91-53. 1.1.9.3 Affiliated Contract. Any agreement concerning the Project between the CM/GC and an Affiliate, including all modifications and amendments thereto. 1.1.9.4 Application for Payment. The form acceptable to Owner that is to be used by the CM/GC during the course of the Work in requesting payment from the Owner and that is to be accompanied by such supporting documentation as is required by the Contract Documents. Section 1 – General Part 1 – General Provisions 6 General Requirements 1.1.9.5 Asbestos. Any material that contains more than one (1) percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.1.9.6 As Built Documents. Documents showing actual locations of all utility lines and altered to conform to all changes made in the building during its construction, including but not limited to all Drawing changes made by Addendum and by Change Order. For field changes not documented through addendums, RFIs or Change Orders, the Design Professional shall rely on marked up Drawings prepared by the CM/GC to prepare these AS-BUILT DOCUMENTS. The Design Professional is not responsible for the accuracy of the information prepared by the CM/GC to prepare these AS-BUILTS.The Design Professional shall furnish the following information: (a) One hard copy of full-size Drawings and Specifications that include all changes made by Addendum or Change Order. (b) An electronic copy of the documents on compact discs in an electronic version as requested by the Owner (which format may include PDF, RWG, Revit, or any other format acceptable to the Owner, provided that Owner’s selected format does not require a redraw of the plans by the Design Professional) and an electronic file of Specifications in Microsoft Word. If translation is required, the translation shall be of the same level of quality, completeness and usability as the original. 1.1.9.7 Basic Services. The consultation, construction and related services required to be provided by the CM/GC for the construction and completion of the Project or Component thereof in accordance with the Contract Documents. Basic Services is not interchangeable with and is distinct from the term "Work", as Work may include services beyond Basic Services. 1.1.9.8 Bulletin. Written or graphic material issued after the award of the contract that clarifies, corrects, or proposes a change in any of the Component parts of the Contract Documents. 1.1.9.9 Business Day. A business day is each calendar day other than (1) Saturday, (2) Sunday, and (3) any holiday observed by Owner. 1.1.9.10 Change Order. A document issued on or after the Effective Date of the Contract, signed by the CM/GC and the Owner and ordinarily certified by the Design Professional, which may authorize a change or changes, including but not limited to a change to the Contract Sum, the Contract Time, or the Contract Documents. 1.1.9.11 Claim. A demand or assertion by the Owner or the CM/GC seeking an adjustment of the Contract Sum or Contract Time, or both, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and the CM/GC arising out of or relating to the Contract. The responsibility to substantiate a Claim shall rest with the party making the Claim. A demand for money or services by a third party, including a Trade Contractor, Supplier, or Subcontractor to the CM/GC, is ipso facto not a Claim against the Owner. 1.1.9.12 Component. An element of a Project for which the Design Professional prepares or segregates Construction Documents as a discrete package to permit procurement of the described items or the commencement of the construction of the described element of the Project. 1.1.9.13 Component Change Order. A Change Order authorizing the CM/GC to proceed to construct a Component pursuant to the Component Construction Documents. 1.1.9.14 Component Construction Documents. The Construction Documents issued by the Design Professional with respect to a Component. 1.1.9.15 Construction Documents. The architectural and engineering documents setting forth the design for the Project prepared by the Design Professional. Construction Documents include, but are not limited to, the Specifications, the Drawings, the General Requirements, and all Addenda. 1.1.9.16 Construction Progress Schedule. A schedule indicating agreed upon activity sequences and durations, Milestone dates for receipt and approval of pertinent information, preparation, submittal, and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement, and proposed date(s) of Material Completion and Final Completion. The format of the schedule will be agreed upon by the parties. 1.1.9.17 Contract. The written document that is the evidence of the Contract between the Owner and the CM/GC. Section 1 – General Part 1 – General Provisions 7 General Requirements 1.1.9.18 [RESERVED] 1.1.9.19 Contract Documents. The Contract Documents include the executed Contract, any Component Construction Documents, the Construction Documents, and all Change Orders, contractor’s bid (including all documentation accompanying the bid and any post-bid documentation required by the city prior to the Notice of Award), bonds, all special conditions, general conditions, supplementary conditions, specifications, drawings and addenda, together with written amendments, change orders, field orders and the city’s (or city’s designated representative) written interpretations and clarifications issued in accordance with contract documents on or after the date of the contract agreement. 1.1.9.20 Contract Time. The period of time established for completion of the Project by the Contract Documents. Contract Time commences upon the date specified in the Proceed Order and ends upon the date Final Completion is actually accomplished, as it may be amended. Expiration of Contract Time shall in no way limit CM/GCs warranty obligtaions described herein. 1.1.9.21 CM/GC. The person or entity responsible for the proper completion of the activities described in the Contract Documents, except where specifically provided otherwise. 1.1.9.22 Cost of the Work. The sum of all allowable costs necessarily incurred and paid by CM/GC in the proper performance of the Work, but such costs shall not include CM/GC’s Fee, Owner’s Contingency or CM/CG Overhead Costs and Expenses. Notwithstanding anything to the contrary herein, Cost of the Work shall include CM/GC’s Construction Contingency. 1.1.9.23 Day. Unless otherwise stated, reference to the terms "day," "days," "month," or "months" mean calendar day, calendar days, calendar month, and calendar months, respectively. 1.1.9.24 Defective Work. Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work. 1.1.9.25 Design Development. An interim step in the design process occurring upon receipt of written acceptance from Owner of the Schematic Design Documents and written authorization from Owner to proceed. Design Development documents consist of plans, elevations, and other Drawings and outline Specifications and Design Professional’s Budget Certificate. These documents will fix and illustrate the size and character of the entire Project in its essentials as to kinds of materials, type of structure, grade elevations, sidewalks, utilities, roads, parking areas, mechanical and electrical systems, and such other work as may be required. 1.1.9.26 Design Professional Contract. The Contract between the Owner and the Design Professional for the design of the Project; also known as the Architectural Contract. 1.1.9.27 Design Professional (also known as the “Architect”). The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the Project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional. 1.1.9.28 Drawings. That part of the Contract Documents prepared or approved by the Design Professional that graphically show the scope, extent, and character of the Work to be performed by CM/GC. Shop Drawings and other CM/GC Submittals are not Drawings as so defined. 1.1.9.29 Effective Date of the Contract. The date indicated on the Contract or as otherwise specified therein. 1.1.9.30 Final Certificate, Design Professional’s Certificate of Final Completion. The Certificate issued by the Design Professional stating that all Work has been completed in accordance with the terms of the Contract Documents. See Section 6, Project Completion. 1.1.9.31 Final Completion. Final Completion has the definition set forth in Article 6.2.1.1 Section 1 – General Part 1 – General Provisions 8 General Requirements 1.1.9.32 Final Notice of Non-Compliant Work. The Final Notice of Non-Compliant Work is issued as a result of the inspection for Final Completion, also known as the Final Punchlist. Upon the completion or correction of this Non-Compliant Work (“punchlist” work) the Design Professional, with the approval of the Owner, will issue the Final Certificate. Costs associated with the repair or replacement of Non-Compliant Work may be deducted from CM/GC’s Construction Contingency (except to the extent CM/GC recevives funds from another party, such as subcontractor or insurance company, due to the Non-Compliant Work). 1.1.9.33 Guaranteed Maximum Price (GMP) (also referred to herein as the “Contract Sum”). The maximum amount that Owner is obligated to pay CM/GC for construction of the Project under the GMP Change Order, and including all costs, overhead, and fees to be paid to CM/GC in connection with the Work and the Project. 1.1.9.34 Guaranteed Maximum Price (GMP) Change Order. The Change Order setting the Guaranteed Maximum Price and authorizing the CM/GC to proceed to construct the Project pursuant to the Construction Documents. The GMP Change Order supersedes all prior Component Change Orders unless specific provisions in the GMP Change Order express otherwise. 1.1.9.35 Hazardous Substances. See Section 1 Part 6. 1.1.9.36 Material Completion and “Material Completion Date”. See Section 6 Part 1. 1.1.9.37 Milestone. A principal event specified in the Contract Documents, including the Material Completion Date and other events relating to an intermediate completion date or time. 1.1.9.38 Notice. Written notice. See Article 1.1.5. 1.1.9.39 Notice of Non-Compliant Work. A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, and shall be addressed to the CM/GC with a copy to the Owner, as set forth in Section 3, Part 6 (Correcting the Work) and Section 6, Part 6 (Correcting the Work after Final Payment). 1.1.9.40 Owner. City of Milton, Georgia, identified as the Owner in this Contract with whom CM/GC has entered into the Contract and for whom the Work is to be completed. 1.1.9.41 Owner's Representative. Owner may from time to time in writing designate one individual as Owner's Representative under this Contract. Owner's Representative so designated in writing shall serve as Owner's Representative unless and until Owner gives notice in writing of the appointment of his successor. The Owner or Owner's Representative may designate in writing assistants to serve as Owner's Representative with respect to the Project governed by this Contract or in different phases or in specific areas of responsibility with respect to the Project. All requests for consents and approvals required of Owner in connection with the Project, whether by the Design Professional, CM/GC, Owner’s Construction Inspector, and or Separate Contractor, shall be submitted to Owner's Representative, if so designated, or if the matter is within the written designation of authority of his assistant, to his designated assistant. The Design Professional, CM/GC, Owner’s Construction Inspector, and Separate Contractor may rely upon written consents and approvals signed by the Owner's Representative, or his designated assistant acting within the scope of his written designation, as the consent and approval of Owner; provided that any approval or consent materially altering the terms of this Contract or the Contract Documents, or increasing the amount paid under this Contract in excess of the GMP (with the exception of expenditures within the Owner’s Contingency) must be approved by resolution of the City of Milton City Council. 1.1.9.42 Overall Project Schedule. The overall construction schedule that includes both design and construction activities that is approved by the Owner. 1.1.9.43 Pre-Commencement Phase Services. The services required to be provided by the CM/GC for the Pre- Commencement Phase of the Project in accordance with the Contract Documents, including but not limited to Section 3.2.13 of this Contract. 1.1.9.44 Proceed Order. The Proceed Order is a written notice from the Owner that includes a specified date (i.e. the Proceed Order Date) upon which the CM/GC is authorized to commence physical work on the Site. Unless the Proceed Order states otherwise, the Proceed Order Date shall be the date upon which the Proceed Order is actually signed and dated by the Owner’s authorized representative. A Proceed Order is a condition precedent to the execution of any Work on the Site by the CM/GC. The Proceed Order was formerly referred to as the “Notice to Proceed.” Section 1 – General Part 1 – General Provisions 9 General Requirements 1.1.9.45 Project. The total and complete undertaking for the public works facility to be constructed under this Contract. 1.1.9.46 Project Manual. A bound manual prepared by the Design Professional. It shall include but not be limited to the Specifications, the General Requirements, and Addenda. 1.1.9.47 Owner Party(ies). The Owner’s departments, agencies and instrumentalities and all of its respective officers, boards, commissions, members, elected and appointed officials, employees, servants, volunteers or agents. 1.1.9.48 Samples. Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. The CM/GC shall furnish for approval all Samples required by the Contract Documents. The Work shall be in accordance with approved Samples. 1.1.9.49 Schematic Design. The beginning of the design process, sometimes commonly known as Preliminary Design. Schematic Design documents are the Schematic Design plans and elevations showing the scale and relationship of Project or its Components. Schematic Design documents consist of written and graphic (drawings, sketches, etc.) presentations that will enable the Owner to determine if the intent of the Project, as set forth in the Program provided by the Owner, is being addressed, and shall consist of at least the following: (a) schematic site plan; (b) floor plans; (c) elevations; and (d) additional Specification documents describing architectural, structural, mechanical and electrical systems and materials; and (e) a preliminary Design Professional’s Budget Certificate. 1.1.9.50 Separate Contractor. Any person or entity other than CM/GC that enters into an agreement with Owner to perform the construction of all or any portion of the construction on a Project. 1.1.9.51 Site. Lands or areas indicated in the Contract Documents as being furnished by the Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the Owner that are designated for the use of the CM/GC. Also referred to as Project Site, Job Site and Premises. 1.1.9.52 Specifications. That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. The term "Specifications" shall also include all written matter in the Project Manual or on the Drawings and any Addenda or Change Orders thereto. 1.1.9.53 Subcontractor. The generic term subcontractor as employed herein includes only those having a direct contract with the CM/GC or any subcontractor performing Work specified pursuant to this CM/GC contract. 1.1.9.54 Submittals. Shop Drawings, schedules, data, catalogue cuts, manufacturers' published recommendations, charts, Bulletins, brochures, illustrations, circulars, roughing drawings or formulae, etc., that are specifically prepared, distributed, or assembled by or for CM/GC or by Subcontractors, manufacturers, or Suppliers and submitted by CM/GC to illustrate some portion of the Work or for use in installing the Work. Design Professional shall ensure that the Contract Documents shall specify when Shop Drawings or Submittals require the seal of a specialty consultant. 1.1.9.55 Supplier. A manufacturer, fabricator, distributor, supplier, or vendor of goods or equipment in connection with the Work, or any other party having a Contract or Purchase Order with the CM/GC or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by the CM/GC or a Subcontractor. 1.1.9.56 Trade Contractor. A Subcontractor who furnishes and installs materials according to the plans and Specifications of this Project but does not include one who merely furnishes materials. 1.1.9.57 Underground Facilities. All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including without limitation those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. Section 1 – General Part 1 – General Provisions 10 General Requirements 1.1.9.58 Unit Price Work; (“Unit Prices” to be agreed to by CM/GC and Owner). Work to be paid for on the basis of unit prices as defined and described in the Contract Documents. A percentage markup for overhead or profit shall be included in all unit prices. 1.1.9.59 Shop Drawings. Detailed construction and fabrication drawings that show the proposed material, shape, size, and assembly of the parts and how the entire unit will be installed. 1.1.9.60 Incumbrance Record. A record of Owner commitments related to changes in the Work. 1.1.9.61 Work. All labor, materials, and services necessary to produce the construction of the Project in accordance with the Contract Documents, including the entire construction or the various separately identifiable parts thereof. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all equipment, fixtures, and supplies into such construction, all as required by the Contract Documents. Section 1 – General Part 2 – CM/GC’s General Responsibilities and Duties 11 General Requirements PART 2 – CM/GC’S GENERAL RESPONSIBILITIES AND DUTIES 1.2.1 General Responsibilities. 1.2.1.1 Representations of CM/GC. 1.2.1.1.1 Independent Contractor; Fiduciary Role. The CM/GC represents that it is an independent contractor, competent, knowledgeable, and familiar with the type of Work contemplated by this Contract. The CM/GC agrees and understands that neither it nor any of its agents or employees may act in the name of the Owner except and unless and to the extent specifically authorized in writing by the Owner to do so. The CM/GC further represents that it accepts a fiduciary role and responsibility with respect to the Owner and that it owes the Owner the duties of good faith, trust, confidence, and candor, and that it must exercise a high standard of care in managing money and property. The CM/GC will, to its best abilities, act in the best interests of the Owner and, to its best abilities, ensure the timely completion of the Work. The CM/GC shall furnish design review, construction administration and management services and use the CM/GC's best efforts to construct the Project in an expeditious and economical manner consistent with the interests of the Owner. 1.2.1.1.2 Familiarity with Project. CM/GC represents that it has: (a) visited the Project Site(s), (b) taken such other steps as may be necessary to ascertain the nature and location of the Project Work and the general and local conditions that affect the Project Work or the cost thereof, (c) investigated the labor situation as regards to the Project, (d) examined the nature and location of the Project Work, the obstacles that may be encountered and all other conditions having a bearing upon the performance of the Project Work, the superintendence of the Project Work, the time of completion and all other relevant matters, (e) reported to Owner the results of all of the foregoing, and (f) familiarized itself with all local laws, and regulations. CM/GC represents that it has taken the foregoing into account in its review of the Contract Documents. (Notwithstanding anything to the contrary herein, the Designer has all responsibility for ensuring that the design, and Contract Documents representing such, are to and in compliance with applicable code.) 1.2.1.2 Responsibility to Coordinate. CM/GC acknowledges its responsibility to coordinate the Project Work with that of Separate Contractors to be selected for the installation of other work within the Project, or in the proximity of the Project. CM/GC expressly agrees to schedule and, with the assistance of Owner, coordinate the Project Work with such Separate Contractors in order to assist them and permit each phase of the Project to be completed on schedule. 1.2.1.3 Definition of Project Criteria. Owner shall be responsible for defining Project Criteria as to expectations for program design, cost, and construction schedule. CM/GC shall be responsible for delivering all construction services necessary to complete improvements that satisfy the Project Criteria promulgated by Owner. Additionally, CM/GC shall be responsible for providing timely feedback to Owner relating to Project design, budget, and schedule to allow Owner to make value- based judgments throughout the development and construction process. 1.2.1.4 CM/GC’s Review of the Construction Documents and Participation in Design Coordination Meetings. The CM/GC shall review the Construction Documents, including without limitation, the Owner’s Program to understand the requirements of the Project. The CM/GC shall actively participate in Design Coordination Meetings with the Design Professional and Owner for the purpose of collaborating and coordinating the final design and Construction Documents. The CM/GC is responsible for cooperating and assisting in the coordination of the development of the design of the Project within the budgeted cost and schedule. The objective of the coordination is to assure that the design meets the Owner’s Program in all respects, including but not limited to the following areas: ·Cost containment and cost monitoring; ·Cost-effective decisions; ·Compatibility with Owner’s architectural standards. ·Consistency with the Owner’s expectations in the Owner’s Program; ·The appropriate provision of all necessary services and utilities; ·The necessary level of environmental review and documentation; ·That the Owner is kept fully aware of the progress of the Project; ·That the Overall Project Schedule is maintained; ·That construction quality assurance complies with the Owner’s Program; ·That the Construction Documents are reviewed for constructability; and ·That all permits and approvals are obtained for the Owner to occupy the Project. 1.2.1.5 Project Delivery. The CM/GC shall commence the Basic Services immediately upon the Effective Date of the Contract and shall commence physical work at the Site as of the Proceed Order Date specified in the Proceed Order issued Section 1 – General Part 2 – CM/GC’s General Responsibilities and Duties 12 General Requirements by the Owner. CM/GC shall construct the Project in accordance with the Contract Documents, and shall diligently perform all the Work required by the Contract Documents or reasonably inferable from industry standards and code requirements. CM/GC shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time. The CM/GC’s duties shall not be diminished by any approval by the Owner or Design Professional, of Work completed or produced; nor shall the CM/GC be released from any liability by any approval by the Owner or Design Professional of Work completed or produced, it being understood that the Owner is ultimately relying on the CM/GC’s skill and knowledge in performing the Work required under this Contract. In the event that during the course of performing the Work, the CM/GC discovers or reasonably should discover (given its role as a CM/GC and not as a design professional) that there exists in any Drawings, Specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the CM/GC (by the Owner or any other party) that is, in the CM/GC’s opinion, unsuitable, improper, or inaccurate for the purposes for which the document or data is furnished, CM/GC shall promptly inform the Owner of such inaccuracies, impropriety, issues or concerns. 1.2.1.6 CM/GC’s Consultation concerning Replacement of Work. The CM/GC shall provide consultation concerning replacement of Work damaged by fire or other cause during construction, and furnish all Basic Services required in connection with the replacement of such Work. Such consultation will be considered an additional service and will be provided pursuant to a Change Order unless the fire or other damage was caused as a result of the negligence of the CM/GC or its Subcontractors. If the cost of the replacement or repair of the damage is reimbursable under the terms of any insurance policy, the full amount of any such insurance recovery shall be applied to the Project for the benefit of the Owner. 1.2.1.7 Budgetary Limitations. CM/GC agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of CM/GC’s profession and industry. CM/GC shall take no calculated risk in the performance of the Work. Specifically, CM/GC agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of CM/GC’s profession and industry, CM/GC will give written notice immediately to the Owner. 1.2.1.8 Owner’s Reliance on the Work. The CM/GC acknowledges and agrees that, except where the Owner has undertaken design responsibility, the Owner does not generally undertake to approve or pass upon matters of expertise of the CM/GC. The CM/GC acknowledges and agrees that the acceptance of Work by the Owner, or Owner’s Representative is generally limited to the function of determining whether there has been compliance with what is required to be produced under this Contract. Notwithstanding the foregoing, the CM/GC shall be entitled to rely upon any design instructions expressly provided by the Owner or Owner’s Representative. 1.2.2 General Duties. The CM/GC accepts the relationship of trust and confidence established between it and the Owner by this Contract. The CM/GC agrees to furnish all services that are necessary or appropriate to complete fully all required Basic Services as defined in the Contract Documents. The CM/GC also agrees to furnish efficient business administration and superintendence to complete fully all required Basic Services and Work.. 1.2.2.1 Provision and Payment for Basic Services and the Work. Unless otherwise provided in the Contract Documents, the CM/GC shall provide and pay for all labor, materials, equipment, transportation, construction, resources, work, and services necessary or incidental to completing the Work for each phase or Component of the Project in a proper and timely manner in accordance with the Contract Documents and applicable laws, whether temporary or permanent and whether or not incorporated or to be incorporated in the Project. 1.2.2.2 Supervision and Direction. CM/GC shall supervise and direct the Work using diligent skill and attention. CM/GC shall be responsible for and shall coordinate all construction means, methods, techniques, sequences, and procedures. (See also Section 3.) 1.2.2.3 Enforce Discipline. CM/GC shall at all times enforce strict discipline and good order among its employees, Subcontractors, and others performing the Work, and shall not employ or permit the employment of unfit persons or persons not skilled in the task assigned to them. 1.2.2.4 [RESERVED] 1.2.2.5 Maintain Records. CM/GC shall keep Owner informed of the progress of the Work. CM/GC shall maintain records of the cost for the Work pursuant to and in compliance with generally acceptable accounting requirements and such other methods as Owner may require, including but not limited to complete backup documentation for all pay applications. 1.2.2.6 Answer Questions. CM/GC, with reasonable promptness and in accordance with time limits set by Owner, shall answer Owner's questions and provide Owner with requested Project information. Section 1 – General Part 2 – CM/GC’s General Responsibilities and Duties 13 General Requirements 1.2.2.7 Acts and Omissions. Employees of or Subcontractors to the CM/GC shall perform the Work required by this Contract. The CM/GC is responsible to the Owner for acts and omissions of anyone directly or indirectly employed by CM/GC, any Subcontractor, and anyone for whose acts the CM/GC and any such Subcontractor may be liable. 1.2.2.8 Promptly Commence. Upon the Effective Date of the Contract, the CM/GC shall immediately commence and diligently pursue the performance of the Basic Services described in this Contract. 1.2.3 General Consultation Services. As a part of Basic Services, CM/GC shall provide the following consultation services to Owner: 1.2.3.1 Job Coordination Meetings. CM/GC shall schedule and conduct meetings with the Owner, Design Professional, Separate Contractors, and appropriate Subcontractors, not less than biweekly, for the purpose of discussing the status and progress of the Work. Such meetings shall be held as often as Owner determines. 1.2.3.2 Advice Concerning Revisions. CM/GC shall advise the Owner and Design Professional regarding proposed revisions in connection with Site use and improvements, selection of materials, building systems and equipment, construction feasibility, availability of materials and labor, time requirements for installation and construction, other factors related to costs (including costs of alternative designs or materials, preliminary budgets and possible economies), and scheduling of design and construction services, and perform and provide life-cycle costs and value engineering analyses and other studies for such purposes. 1.2.3.3 Advice and Assistance with Utilities. CM/GC shall advise and assist the Owner and Design Professional with the preparation of all applications for water, sewer, electrical, gas, telephone, and other utility services necessary for the completion and operation of the Project. 1.2.3.4 Advice on Market Conditions. The CM/GC shall consult with the Design Professional and provide advice as to construction market conditions and scheduling factors. 1.2.3.5 Names of Trade Contractors. The CM/GC, as soon as practicable after the commencement of this Contract, shall furnish to the Design Professional the written names of the persons or entities the CM/GC proposes to engage as Trade Contractors for the Project subject to such persons or entities being approved or deemed approved in accordance with provisions of the Contract Documents. 1.2.3.6 Names of Vendors. The CM/GC shall provide the Design Professional a list of contractors, and vendors whose services may be required in the purchasing of materials and services for the construction of the Project. 1.2.3.7 Tests, Studies, etc. The CM/GC shall notify the Design Professional of any tests, analyses, studies, or reports that may be required. 1.2.3.8 Easements, etc. If the CM/GC knows or learns of the need to obtain easements, or legal authorizations regarding Site utilization, the CM/GC shall promptly notify the Owner where essential to the execution of the Owner's Program. 1.2.4 Other Actions. CM/GC shall perform all other actions required in the supervision of the Work and the completion of the construction of the Project. CM/GC acknowledges and agrees that all such services and functions shall be deemed to have been performed pursuant to the terms and provisions of this Contract, and shall be subject to all duties and obligations of CM/GC to Owner under this Contract, and subject to the standard of care owing by CM/GC to Owner pursuant to this Contract. 1.2.5 Existing Documents. CM/GC recognizes the existence of existing documents prepared on behalf of the Owner and identified in Exhibit A. The CM/GC has carefully reviewed these documents and has determined them to be, at the time of execution of this Contract, consistent with the objectives to complete the project within the Guaranteed Maximum Price Cost Limitation and Material Completion Date, subject to completion of the Construction Documents 1.2.6 Duty to Give Notice to Owner. If the Owner, the Design Professional, or any other person with whom the Owner or Design Professional respectively has a direct contractual relationship, in the judgment of the CM/GC, acts, or fails to act in such a manner, as to (i) delay the progress of the construction of the Project or (ii) increase the cost of the Project, CM/GC shall give prompt notice to Owner so as to permit Owner to take corrective action. [Remainder of Page Intentionally Left Blank] Section 1 – General Part 3 – Owner’s Responsibilities and Rights 14 General Requirements PART 3 – OWNER’S RESPONSIBILITIES AND RIGHTS 1.3.1 Owner’s Representative. 1.3.1.1 Written Designation. The Owner may designate, in writing, a representative authorized to act on the Owner's behalf with respect to the Project. 1.3.1.2 Accessibility. The Owner's Representative shall be readily accessible (either on Site or by computer, phone or fax or otherwise) shall be fully acquainted with the Project, and shall have authority promptly to render decisions, approve Construction Documents, budgets, schedules and Change Orders and to furnish information required of or to be provided by the Owner hereunder; provided that such decisions and approvals altering the terms of this Contract or the Contract Documents or increasing the amount paid under this Contract in excess of the GMP must be approved by Resolution of the City of Milton City Council to be binding. 1.3.1.3 Independent Review and Inspection. The Owner may obtain independent review of the Contract Documents by a separate architect, engineer, contractor, or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Work. The Owner may undertake independent inspection of the installation of the construction. Such independent inspector shall operate as the agent of the Owner in requiring the CM/GC to stop the Work in order to protect the best interests of the Project or the Owner. If any direction provided to CM/GC results in work that is not or costs that are not part of the scope or responsibility of the CM/GC, CM/GC shall be entitled to a Change Order reflecting all costs associated therewith. Any instruction by an Owner’s independent inspector to stop work shall be handled as set forth in Section 5, Part 1 of this Agreement. 1.3.2 Design Professional. 1.3.2.1 Design Professional to Design Work. The Design Professional Contract requires the Design Professional to design and to prepare the Drawings and Specifications, a copy of which shall be furnished to the CM/GC upon request. The Design Professional shall designate a readily accessible representative (either on Site or by computer, phone or fax or otherwise) who shall have authority promptly to render decisions and to furnish information required of the Design Professional. 1.3.2.2 Copies of Drawings and Specifications to CM/GC. In accordance with the Design Professional Contract the CM/GC may be furnished, free of charge, with access to current Drawings and Specification files and Rivit Model for CM/GC’s use in planning, estimating, bidding, contract administration and other contract administration activities. Further, the Design Professional Contract requires that the CM/GC be furnished, free of charge, one hard copy of the final Component Construction Documents for each Project Component, complete with original stamps and signatures. The CM/GC may obtain such additional sets of Drawings and Specifications as the CM/GC deems necessary and shall pay the cost of reproduction of such additional sets to the Design Professional. Any additional sets of Drawings and Specifications obtained by the CM/GC shall be obtained as part of the Basic Services, and CM/GC shall not request additional compensation from Owner related to such additional documents. 1.3.2.3 Contract Administration. The Design Professional shall provide periodic review of the Work to assess compliance with the Contract Documents. The Design Professional shall not be responsible for the safety of the Work; provided that the Design Professional shall report any identified safety issues immediately. The Design Professional is not the agent of the Owner, but is engaged as a consultant to the Owner to assist the Owner in determining if the conditions of the Contract have been met. Design Professional is the agent of the Owner only when and to the extent, in special instances, Design Professional is authorized in writing by the Owner to so act, and in such instances Design Professional shall, upon request, produce and show such written authority. Design Professional has authority to stop the Work whenever such stoppage may be necessary to seek the proper execution of the Contract or is in the best interest of the Owner. If any direction provided to CM/GC results work that is not or costs that are not part of the scope or responsibility of the CM/GC, CM/GC shall be entitiled to a Change Order reflecting all costs associated therewith. Any instruction by the Design Professional to stop work shall be handled as set forth in Section 5, Part 1 of this Agreement. 1.3.2.4 Impartial Decisions. The Design Professional is the interpreter of the conditions of this CM/GC Contract and the judge of its performance, in the first instance. The Design Professional shall side neither with the Owner nor with the CM/GC, but shall use its powers to enforce performance by both. 1.3.2.5 Design Professional Decisions. Design Professional’s decisions must be in writing and signed by the Design Professional of Record. Section 1 – General Part 3 – Owner’s Responsibilities and Rights 15 General Requirements 1.3.2.5.1 Promptness. The Design Professional shall make decisions within fourteen (14) calendar days after proper presentation of evidence on (1) any issue, Claim, or dispute of the Owner or CM/GC, or (2) a demand of the Owner or CM/GC for a decision on any matter relating to the execution or progress of the Work. 1.3.2.5.2 Additional Time. If, because of events beyond the Design Professional’s reasonable control, Design Professional is not able to meet the specified time period, then Design Professional may ask the Owner for additional time, which request shall not be unreasonably denied. 1.3.2.5.3 Protests of Design Professional’s Decisions. All decisions of the Design Professional on any Claim, dispute, or demand shall be final and binding on the Contract in the absence of written notice of protest from the CM/GC received by the Owner within fourteen (14) calendar days of the date the decision of the Design Professional is received by the CM/GC. See Section 5 Part 2. 1.3.2.6 Aesthetics. All decisions of the Design Professional on matters of aesthetics are final, conclusive, and binding on all parties if consistent with the requirements of the Contract Documents. 1.3.2.7 Succession. In case of the termination of the employment of the Design Professional, the Owner shall appoint a capable and reputable Design Professional against whom the CM/GC makes no reasonable objection and whose status under the Contract shall be that of the former Design Professional. 1.3.3 Permits, Licenses, and Inspections. The Owner shall cooperate with the CM/GC as the CM/GC secures building and other permits, licenses and inspections. 1.3.4 Testing. The Owner shall provide and pay for initial and subsequent independent construction testing as required by the Contract Documents. Laboratories for testing services shall be selected by, engaged by, and responsible to the Owner. In the case of tests (a) prescribed in the Contract Documents or any part thereof, or (b) requested by the Owner, the CM/GC must give notice to the selected testing agency stating the date and the hour when the CM/GC will be ready for the test to be made. In the event the test fails or the CM/GC is not ready for the test at the scheduled time, the expense of the services of the testing laboratory shall be deducted from the Contract Sum, upon notice to the CM/GC by the Owner accompanied by a copy of the invoice for the testing services for the test that failed or for which the CM/GC was not ready. The notice and readiness provisions of this article do not apply to verification of design mix on concrete. 1.3.5 Owner’s Independent Consultants. In the event the Owner, in its sole discretion, shall either itself perform or retain one or more independent consultants to provide peer review, expert opinion, or other analysis of design, the Construction Documents, or construction as performed in the field, the CM/GC agrees that any such review or analysis shall not constitute any admission by Owner concerning the adequacy, fitness, or completeness of the design, the Construction Documents, or the adequacy or compliance of the construction to the Specifications. Such consultant reports are expert opinion rendered solely to the Owner, and CM/GC may not use such consultant reports in connection with any Claim or legal action arising out of or related to the Project without the express written consent of the Owner, unless required by the provisions of the Civil Practice Act governing the designation and use of expert witnesses. 1.3.6 No Partial Occupancy. There shall be no partial occupancy by the Owner of the Project prior to the achievement of Final Completion. This provision may be modified by Change Order. 1.3.7 Disqualification of Potential “Pre-Qualified” Subcontractors. The Owner may disqualify for just cause any pre-qualified potential subcontractors identified in the Bidding Documents. Owner shall pay the difference in the cost of the Work necessarily resulting from such disqualification, provided that such difference in cost must be agreed to in writing by Owner prior to being incurred. 1.3.8 Owner’s Right to Perform Work. The Owner reserves the right to perform construction or operations related to the Project with Separate Contractors on the Site. If the CM/GC claims that delay or additional cost is caused by such action by the Owner, the CM/GC shall assert such Claims as provided in Section 5, Part 2 of the General Requirements. [Remainder of Page Intentionally Left Blank] Section 1 – General Part 4 – Protection of Persons and Property 16 General Requirements PART 4 – PROTECTION OF PERSONS AND PROPERTY 1.4.1 Reasonable Precautions. The CM/GC shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees performing the Work and other persons, including without limitation the general public, who may be affected thereby; (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of the CM/GC or the CM/GC's Subcontractors; or (c) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, replacement or other rearrangement in the course of construction. 1.4.2 Duty to Protect Property. The CM/GC shall continuously maintain adequate protection of the Work from damage and shall protect all other property on the Site from damage, injury, or loss regardless of who may be the owner of said property. CM/GC shall make good any such damage, injury, or loss. 1.4.3 Safety Precautions. The CM/GC shall comply with the rules and regulations of OSHA and the Department of Labor (See O.C.G.A. Section §34-2-6), and, where not inconsistent with the foregoing, the "Manual of Accident Prevention in Construction" issued by the Associated General Contractors of America, Inc., for safety and prevention of accidents, and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from Work arising out of and in the course of employment on Work under the Contract. The CM/GC alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage that may result from their improper construction, maintenance, or operations. CM/GC shall erect and properly maintain at all times, as required by the conditions and progress of the Work, proper safeguards for the protection of workers and the public and shall post danger warnings against any hazards created by the construction operations. The CM/GC shall designate a responsible member of his organization, normally the superintendent, whose duty shall be the prevention of accidents. 1.4.4 Emergencies. In an emergency affecting the safety of persons or property or the Work or adjoining property, the CM/GC shall take reasonable precautions to prevent imminent damage, injury, or loss. 1.4.5 Fire Protection. CM/GC shall take adequate and reasonable precautions to protect the Work against damage by fire and smoke. For example, without limitation, CM/GC shall do the following: (a) Provide fire extinguishers or fire hoses in readily accessible locations; (b) Periodically inspect fire extinguishers, remove discharged extinguishers immediately, and replace with new or recharged extinguishers; (c) Keep fire extinguishers or fire hoses within five (5) feet of any welding or open flame operations; (d) Remove oil-soaked and paint-soaked materials, including paper and rags, from the Site daily, and more frequently as necessary, to eliminate danger of fire. (e) Prohibit workers from smoking during operations involving combustible adhesives, solvents, mastics, or other fire hazard materials. 1.4.6 Remedy Damages. The CM/GC shall promptly remedy damages and loss to property at the Site or elsewhere caused by the CM/GC, by any Subcontractor, by anyone directly or indirectly employed by the CM/GC or any such Subcontractor, or by anyone for whose acts the CM/GC or any such Subcontractor may be liable. Should the CM/GC cause damage to any Separate Contractor‘s work, the CM/GC agrees, upon due notice, to settle with the Separate Contractor. 1.4.7 Written Programs. CM/GC shall have written environmental, quality control, crisis/emergency management, health and safety plans and programs in place with a designated (qualified) coordinator as the point of contact during the Project. Such plans shall be on the Site, and the superintendent and the Project management team shall be familiar with and utilize such programs. [Remainder of Page Intentionally Left Blank] Section 1 – General Part 5 – Bonds, Indemnity and Insurance 17 General Requirements PART 5 – BONDS, INDEMNITY AND INSURANCE 1.5.1 Bonds 1.5.1.1 Required Bonds. 1.5.1.1.1 Performance Bond and Payment Bond. The CM/GC shall furnish both a performance bond and a payment bond in the exact form set forth in Section 7 (Forms) of these General Conditions. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Contract, the CM/GC shall promptly furnish a copy of the bonds or shall permit a copy to be made. 1.5.1.1.2 Intentionally Omitted. 1.5.1.2 Required Qualifications for Surety. The surety and insurance companies must be acceptable to the Owner. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. All bonds at the time of issuance must be issued by a company authorized by the Insurance Commissioner to transact the business of suretyship in the State of Georgia, and shall have a A.M. Best Rating of "A-" or better and with a financial size rating of Class VII or larger. 1.5.1.3 Penal Amount of Bonds, State Law. The CM/GC acknowledges and agrees that, pursuant to O.C.G.A. §§ 36-91-40, 36-91-70 and 36-91-90, the performance bond and the payment bond must be in a penal amount equal to at least 100% of the GMP Cost Limitation or GMP when established. Accordingly, the CM/GC warrants and agrees that, for any Change Order increasing the GMP by five (5) percent or more, or when the total Cost of the Work has increased by five (5) percent or more, it shall obtain a written amendment to the payment bond and the performance bond increasing the penal amounts of both bonds to 100% of the GMP, effective as of the date of the Change Order. The premium increase, if any, may be properly included in the cost of the Change Order. The Design Professional shall approve no payment for the Work provided by the Change Order until the CM/GC has provided the written amendment to the Owner. 1.5.1.4 Changes in Surety Status. The Owner may require the CM/GC to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten (10) days if any of the following occurs, in the judgment of the Owner, during the term of this Contract: (1) Any surety on a bond has become insolvent; (2) Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or (3) For any cause there are no longer proper or sufficient sureties on any or all of the bonds. Thereupon, if so ordered by the Owner, CM/GC shall cease all Work on the Contract unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the Owner may terminate this Contract for cause pursuant to Article 5.3.2. 1.5.2 Liability and Indemnification. 1.5.2.1 General Liability. CM/GC covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Contract. CM/GC shall bear all losses and damages directly or indirectly resulting to it and/or the Owner on account of the performance or character of the Work rendered pursuant to this Contract. The CM/GC shall be responsible to the Owner from the time of the signing of this Contract or the beginning of the first Work, whichever shall be earlier, for all injury or damage of any kind resulting from any negligent act or omission or breach, failure or other default regarding the Work by the CM/GC, or any of its Subcontractors, its agents, employees or others working at the direction of the CM/GC or on its behalf, regardless of who may be the owner of the property. 1.5.2.2 Indemnification Agreement. To the fullest extent permitted by law, the CM/GC shall indemnify and hold harmless the Owner and Owner Parties (collectively “Indemnitees”) from and against liability, claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from performance of the work, provided that such liability, claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by willful or negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Section 1 – General Part 5 – Bonds, Indemnity and Insurance 18 General Requirements 1.5.2.2.1 This indemnification does not extend to claims for losses or injuries or damages incurred directly by the Indemnitees due to the sole negligence of any Indemnitee. 1.5.2.2.2 This indemnification 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. 1.5.2.2.3 In any and all claims against the Indemnitees by any employee of the CM/GC, any Subcontractor, anyone directly or indirectly employed by CM/GC or Subcontractor, or anyone for whose acts the CM/GC 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 CM/GC or any Subcontractor under workers’ or workmen’s compensation acts, disability benefits acts, or other employee benefit acts. 1.5.2.3 This indemnification does not extend to claims for losses or injuries or damages incurred by the Indemnitees due to any negligent act, error, or omission of a design professional in the performance of professional services that fails to meet the applicable professional standard of care, skill and ability as employed by others in their profession, provided that to the extent CM/GC worked with the Design Professional or should have reasonably known of the issue prior to such damage or injury being incurred, CM/GC shall be liable for its own actions or omissions related thereto. 1.5.2.4 Suits or Claims for Infringement. The CM/GC shall defend, indemnify, and hold the Owner harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any patented or copyrighted materials, methods, or systems used by the CM/GC. 1.5.2.5 Survival. This obligation to indemnify, defend, and hold harmless the Owner and Indemnities shall survive expiration or termination of this Contract, provided that the claims or other Liabilities are based upon or arise out of action that occurred during the performance of this Contract. 1.5.3 Insurance Requirements. 1.5.3.1 Requirements: The CM/GC shall have and maintain in full force and effect for the duration of this Contract, 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 CM/GC, its agents, representatives, employees and Subcontractors. The CM/GC’s Completed Operations coverage should be in place for at least three (3) years after completion of the Project. All policies shall be subject to approval by the Owner as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City of Milton City Council. 1.5.3.2 Required Insurance Coverage and Minimum Limits of Insurance: The CM/GC agrees to purchase and maintain, and have the authorized agent state on the insurance certificate that the CM/GC has purchased, the following types of insurance policies with coverage and limits no less than the amount provided below: (a) Commercial General Liability Insurance. The CM/GC shall maintain Commercial General Liability Insurance (2002 or 2003 ISO Occurrence Form or equivalent) that shall include, but need not be limited to, coverage for bodily injury and property damage arising from premises and operations liability (including operations of independent contractors engaged in construction), products and completed operations liability, blasting and explosion, collapse of structures, underground damage, personal injury liability and contractual liability. The Commercial General Liability policy must include separate limits per Project and shall provide at minimum the following limits: (1)Premises and Operations $1,000,000 (one million dollars) per occurrence (2)Products and Completed Operations $1,000,000 (one million dollars) per occurrence (3)Bodily and Personal Injury $1,000,000 (one million dollars) per (including but not limited to occurrence sickness, disease or death, injury to Section 1 – General Part 5 – Bonds, Indemnity and Insurance 19 General Requirements or destruction of property, including loss of use resulting therefrom) (4)Contractual $1,000,000 (one million dollars) per occurrence (5)General Aggregate $2,000,000 (two million dollars) per project Additional Requirements for Commercial General Liability Insurance are shown below at Paragraph 1.5.3.4. (b) Commercial Business Automobile Liability Insurance. The CM/GC shall provide Commercial Business Automobile Liability Insurance that shall include coverage for bodily injury and personal injury, including but not limited to death, and injury to or destruction of property, including but not limited to loss of use resulting therefrom, arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Liability Insurance Policy shall provide not less than $1,000,000 (one million dollars) Combined Single Limits for each accident. Additional Requirements for Commercial Business Automobile Liability Insurance are shown below at Paragraph 1.5.3.4. (c) Commercial Umbrella Liability Insurance. The CM/GC shall provide a Commercial Umbrella Liability Insurance to provide excess coverage above the Commercial General Liability, Commercial Business Automobile Liability and the Workers' Compensation and Employers' Liability to satisfy the minimum limits set forth herein. The umbrella coverage shall follow form with the Umbrella limits required as follows: $2,000,000 per Occurrence $10,000,000 Aggregate Additional Requirements for Commercial Umbrella Liability Insurance are shown below at Paragraph 1.5.3.4. (d) Professional Liability Insurance. The CM/GC shall provide Professional Liability Insurance of not less than $1,000,000 (one million dollars) Combined Single Limit for each incident for claims arising out of professional services and caused by the CM/GC’s errors, omissions, or negligent acts. (e) Builder’s Risk Insurance. CM/GC shall provide a Builder’s Risk Insurance Policy to be made payable to the Owner and CM/GC, as their interests may appear. The policy amount shall be equal to 100% of the Contract Sum or $2,000,000 (whichever is greater), written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall be endorsed as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Furniture and equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by Owner; and iii) Performance of Work in connection with construction operations insured by the Owner, by agents or lessees, or other contractors of the Owner.” (f) Workers' Compensation Insurance. The CM/GC agrees to provide at a minimum Workers' Compensation coverage in accordance with the statutory limits as established by the General Assembly of the State of Georgia. A group insurer must submit a certificate of authority from the Insurance Commissioner approving the group insurance plan. A self-insurer must submit a certificate from the Georgia Board of Workers’ Compensation stating the CM/GC qualifies to pay its own workers’ compensation claims. The CM/GC shall require all Subcontractors performing Work under this Contract to obtain an insurance certificate showing proof of Workers' Compensation Coverage and shall submit a certificate on the letterhead of the CM/GC in the following language: This is to certify that all Subcontractors performing Work on this Project are covered by their own workers' compensation insurance or are covered by the CM/GC’s workers’ compensation insurance. Section 1 – General Part 5 – Bonds, Indemnity and Insurance 20 General Requirements (g) Employers’ Liability Insurance. The CM/GC shall also maintain Employer's Liability Insurance Coverage with limits of at least: (i) Bodily Injury by Accident $1,000,000 each accident; (ii) Bodily Injury by Disease $1,000,000 each employee; and (iii) Bodily Injury/Disease Aggregate $1,000,000 each accident. The CM/GC shall require all Subcontractors performing Work under this Contract to obtain an insurance certificate showing proof of Employers Liability Insurance Coverage and shall submit a certificate on the letterhead of the CM/GC in the following language: This is to certify that all Subcontractors performing Work on this Project are covered by their own Employers Liability Insurance Coverage or are covered by the CM/GC’s Employers Liability Insurance Coverage. 1.5.3.3 Deductibles and Self-Insured Retentions: All deductibles shall be paid by the CM/GC; provided that any deductible related to Builders Risk shall be reimbursable as a Cost of Work subject to the Guaranteed Maximum Price. Except for qualified self-insurers or group self-insurers, self-insured retention in any policy shall not exceed $250,000.00. Any deductibles in excess of $350,000 or self-insured retentions must be declared to and approved by the Owner so that the Owner may ensure the financial solvency of the CM/GC; these should be included on the certificate of insurance. 1.5.3.4 Additional Requirements for Commercial Policies in Paragraphs 1.5.3.2 (a) through (c). (a) The policy shall name as additional Insureds the Owner and Owner Parties. (b) The policy must be on an "occurrence” basis. 1.5.3.5 Insurance Certificates and Required Endorsements. 1.5.3.5.1 Insurance Certificates. The CM/GC shall procure the insurance coverages identified above at the CM/GC’s expense (i.e. within GMP) and shall furnish the Owner insurance certificates and endorsements to the policies evidencing coverage required by this Section prior to the start of Work and within ten (10) days of execution of this Contract. The certificates of insurance shall list the Owner as certificate holders and as additional insureds, as required herein. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Evidence of insurance coverages shall be provided on the Certificate of Insurance shown in Section 7 or on a similar form approved for use by the Georgia Commissioner of Insurance that provides following: (a) Name and address of authorized agent (b) Name and address of insured (c) Name of insurance company(ies) (d) Description of policies (e) Policy Number(s) (f) Policy Period(s) – effective date and expiration date (g) Limits of liability (h) Name and address of Owner as certificate holder (i) Project Name and Number (j) Signature of authorized agent (k) Telephone number of authorized agent (l) Mandatory thirty (30) day notice of cancellation or non-renewal (except ten (10) days for non payment of premium). The Owner reserves the right to require complete, certified copies of all required insurance policies at any time. The CM/GC shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. The CM/GC is responsible for any delay resulting from the failure of his insurance carriers to furnish proof of proper coverage in the prescribed form. 1.5.3.5.2 Special Commercial General Liability Endorsement. The CM/GC shall cause its insurer to issue a special endorsement identifying this Project and this CM/GC Contract on the schedule of covered Section 1 – General Part 5 – Bonds, Indemnity and Insurance 21 General Requirements projects. The Owner’s name should be entered in the blank and the special endorsement attached to the Certificate of Insurance. 1.5.3.5.3 Other Insurance Provisions: The policies specified below shall contain, or be modified or endorsed to contain, the following provisions: (a) General Liability and Automobile and Umbrella Liability Coverage. (i) Additional Insured Endorsement. The CM/GC shall cause its insurer to issue an additional insured Endorsement on ISO Form CG 20 10 11 85 (“Additional Insured – Owners, Lessees or Contractors – Scheduled Person or Organization”), or its equivalent, naming the Owner and Owner Parties as additional insureds. If the insurer uses ISO Form CG 20 10 only, then the form must expressly provide for continued operations coverage and provide substantially similar coverages as ISO Form CG 20 10 11 85. The coverage shall contain no special limitations on the scope of protection afforded to the Owner and Owner. (ii) Contribution. The CM/GC’s insurance coverage shall be primary and noncontributing insurance as respects to any other insurance or self-insurance available to the Owner or Owner Parties. Any insurance or self-insurance maintained by the Owner and Owner Parties shall be in excess of the CM/GC’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Owner and Owner Parties. (iv) Coverage shall state that the CM/GC’s insurance shall apply separately to each insured against whom claim is made or suit is brought. (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 shall agree to waive all rights of subrogation against the Owner and Owner Parties for losses arising from Work performed by the CM/GC for the Owner. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Owner and Owner Parties for losses arising from work performed by the CM/GC for the Owner. 1.5.3.6 Insurer Qualifications, Insurance Requirements. Each of the insurance coverages required above (i) shall be issued by a company licensed by the Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance, and (ii) shall be an insurer (or, for qualified self-insureds or group self-insureds, a specific excess insurer providing statutory limits) with a A.M. Best Rating of "A-" or better and with a financial size rating of Class VII or larger. Further, each such policy shall contain the following provisions: 1.5.3.6.1 The insurance company agrees that the policy shall not be canceled, suspended, voided, changed, allowed to lapse or allowed to expire until thirty (30) days (ten (10) days if due to nonpayment) after the Owner has received written notice thereof, as evidenced by return receipt of certified mail or statutory mail, or until such time as other insurance coverage providing protection equal to protection called for in this Contract shall have been received, accepted and acknowledged by the Owner. Such notice shall be valid only as to the Project as shall have been designated by Project Number and Name in said notice. Section 1 – General Part 5 – Bonds, Indemnity and Insurance 22 General Requirements 1.5.3.6.2 The policy shall not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, employees, agents or other representatives ("Separation of Insureds"). 1.5.3.7 Claims-Made Policies: CM/GC shall extend any claims-made insurance policy for at least three (3) years after termination or final payment under the Contract, whichever is later. 1.5.3.8 Subcontractors: CM/GC 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 Contract, including, but not limited to, naming the parties as additional insureds. 1.5.3.9 CM/GC has elected to provide Workers Compensation and General Liability Insurance for both CM/GC and its Subcontractors of every tier through a Contractor Controlled Insurance Program (CCIP), and for that portion of the insurance covered by CCIP, CM/GC shall be reimbursed at the fixed amount of $299,000, which shall be invoiced and payable, without retention or retainage of any kind, at the time the first Application for Payment is submitted under this Agreement. The fixed amount shall be deemed Cost of the Work. The above fixed amount is based upon a Guaranteed Maximum Price in the amount set forth in this Agreement, therefore, whenever the Guaranteed Maximum Price is to be increased, the increase shall include, and CM/GC shall be reimbursed for, additional insurance cost to be incurred through the CCIP in an additional amount calculated by taking the following percentage of the increase in the Guaranteed Maximum Price: for Workers Compensation and General Liability Insurance, the percentage shall be 2.3% and the percentage shall be deemed Cost of the Work. The increased reimbursement for CCIP insurance shall be paid, without retention or retainage of any kind, on a reimbursable basis prorated on the percentage of the increased Guaranteed Maximum Price actually billed to the Owner. . CM/GC shall provide Subcontractor Default Insurance (“SDI”) under its standard program. CM/GC shall be reimbursed at the fixed amount of $137,515, which shall be invoiced and payable, without retention or retainage of any kind, at the time the first Application for Payment is submitted under this Agreement. The fixed amount shall be deemed Cost of the Work. The above fixed amount is based upon the subcontract volume in the Guaranteed Maximum Price as set forth in this Agreement, therefore, whenever the Guaranteed Maximum Price is to be increased, the increase shall include, and CM/GC shall be reimbursed for, additional insurance cost to be incurred through the SDI program in an additional amount calculated by taking the following percentage of the increase in the Guaranteed Maximum Price:, the percentage shall be 1.28% and the percentage shall be deemed Cost of the Work. The increased reimbursement for SDI insurance shall be paid, without retention or retainage of any kind, on a reimbursable basis prorated on the percentage of the increased Guaranteed Maximum Price actually billed to the Owner. [Remainder of Page Intentionally Left Blank] Section 1 – General Part 6 – Hazardous Conditions and Materials 23 General Requirements Part 6 – Hazardous Conditions and Materials 1.6.1 Hazardous Materials. 1.6.1.1 Definition. The term "Hazardous Materials” shall mean any material or substance within the meaning and definition for “Hazardous Substance” and/or “Hazardous Waste”, as those terms are employed and set forth in the Georgia Hazardous Site Response Act and the Comprehensive Environmental Response Compensation and Liability Act as amended, 42 USC § 9601 et seq., and regulations promulgated thereunder (collectively "CERCLA") and any corresponding state or local law or regulation, and shall also include: (a) any Pollutant or Contaminant as those terms are defined in CERCLA; (b) any Solid Waste or Hazardous Constituent as those terms are defined by, or are otherwise identified by, the Resource Conservation and Recovery Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder (collectively "RCRA") and any corresponding state or local law or regulation; (c) crude oil, petroleum and fractions of distillates thereof and petroleum releases; (d) any other material, substance or chemical defined, characterized or regulated as toxic or hazardous under any applicable law, regulation, ordinance, directive or ruling, including, but not limited to, Asbestos or polychlorinated biphenyl (PCB); and (e) any infectious or medical waste or environmental contamination as defined by any applicable federal or state laws or regulations. 1.6.1.2 Obligation to Notify Owner of Existing Hazardous Materials. The CM/GC shall immediately notify the Owner and the Design Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Project Site of which it becomes aware. If the CM/GC encounters Hazardous Materials on the Project Site, the CM/GC shall (i) immediately stop performance of Work or that portion of the Work affected by or affecting such Hazardous Materials; (ii) secure the contaminated area against intrusion; (iii) not disturb or remove the Hazardous Materials; (iv) not proceed, or allow any Subcontractor or Supplier to proceed, with any Work or other activities in the area affected by such Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by the Owner; and, (v) take any other steps necessary to protect life and health and the surrounding environment. The CM/GC shall be entitled to adjustment of the Contract Time and the Contract Sum pursuant to the General Requirements in order to compensate for the impact of any required demolition, re-work, shutdown, delay, protection of Work, disruption, and start-up resulting from the encountering of such Hazardous Materials on the Project Site for which the CM/GC is not responsible, provided that such adjustments must be agreed to in writing by Owner prior to becoming effective. 1.6.1.3 Prohibition Against Selecting and Installing Products Containing Hazardous Materials. The CM/GC shall not select, install or otherwise incorporate any products or materials containing Hazardous Materials within the boundaries of the Project Site, unless the products and materials are specifically required in the Contract Documents, in which case the CM/GC shall notify Owner of such Hazardous Materials it is aware of prior to incorporating such products or materials into the Project. Should the CM/GC or his Subcontractors or material Suppliers have knowledge that, or believe that, an item, component, material, substance, or accessory within a product or assembly selected by the CM/GC may contain Hazardous Materials, it is the CM/GC’s responsibility to secure a written certification from the manufacturer of any suspected material which identifies the specific Hazardous Material(s) contained, together with the Material Safety Data Sheets (MSDS) for such materials. A copy of the written certification shall be submitted to the Owner and Design Professional. 1.6.1.4 Fill, Backfill and Landscaping. No soil found on Site, or transported to the Site from remote locations, which contains debris or waste or Hazardous Materials shall be used for fill, backfill or landscaping topsoil. For the sake of clarity and in no way limiting the application elseware, it is acknowledged that this Section is subject to specific portions of the Assumptions and Clarifications to the GMP. 1.6.2 Responsibility and Warranty of Trade Contractors, Suppliers, and Subcontractors. Products that are specified by reference standards or in descriptive manner without a manufacturer’s name, model number or trade name, to be selected by the CM/GC, shall not contain Hazardous Materials in any form, except as and to the extent permitted in 1.6.1, above, and 1.6.3, below. The CM/GC shall require that each of his Subcontractors and material Suppliers warrant to the Owner and Design Professional that all materials, products and assemblies, other than those which are specifically and expressly required by the Contract Documents, incorporated, or submitted for incorporation into this Project are free of Hazardous Materials. This warranty shall also include all materials, components, and accessories not specifically enumerated or detailed in the Contract Documents but which are required by performance Specifications or recommended by manufacturers for complete installation of materials, products and assemblies. 1.6.3 Hazardous Materials and Substances Used On the Job Site. Products containing Hazardous Materials may be employed in the performance of Work by the CM/GC and its Subcontractors as allowed above, as a means and methods application or as part of its performance of the Work, such as chemicals used on the job Site, but only if: (i) such products are used in accordance with the manufacturer’s instructions and Material Safety Data Sheets; (ii) such products are rendered harmless upon completion of the affected Work; (iii) reasonable precautions can be and are taken to prevent Section 1 – General Part 6 – Hazardous Conditions and Materials 24 General Requirements foreseeable bodily injury or death to persons involved in the Work or in its proximity, including but not limited to the ultimate users of the completed Work; (iv) the CM/GC shall make available to the Owner and the Design Professional copies of Material Safety Data Sheets (MSDS) for any such products used on the job Site, and (v), the CM/GC shall immediately notify Owner, Design Professional and appropriate regulatory agencies if there is a spill or release or misuse of any such product used on the job Site that exceeds State or Federal reportable limits. 1.6.4 Hazardous Conditions. The CM/GC and Owner acknowledge that previously unknown hazardous conditions may be uncovered at any job Site, and in particular where existing structures are being demolished and/or remodeled to accommodate new construction or to reutilize existing facilities. Should a hazardous condition not involving Hazardous Materials as set forth above be encountered on the Project Site, and should reasonable safety precautions be deemed by the CM/GC in good faith to be inadequate to prevent foreseeable personal injury to persons encountering the hazardous condition, the CM/GC shall, upon recognizing the hazardous condition, stop Work in the affected area and immediately report the hazardous condition to the Design Professional and Owner in writing. The Owner shall undertake, or shall contract (by Change Order) with the CM/GC or contract with a Separate Contractor, to resolve the condition. So long as the hazardous condition did not result from activities or substances brought on the Site by the CM/GC, the CM/GC shall be entitled to adjustments in the Contract Time and the Contract Sum as set forth in Paragraph 1.6.1.2 above, provided that such adjustments must be agreed to in writing by Owner prior to becoming effective. [Remainder of Page Intentionally Left Blank] Section 1 – General Part 7 – Miscellaneous Provisions 25 General Requirements PART 7 – MISCELLANEOUS PROVISIONS. 1.7.1 Legal Compliance. 1.7.1.1 General. This Contract shall be governed by and construed under the laws of the State of Georgia. The CM/GC shall comply with all laws, rules, regulations, ordinances, and orders of any government agency having jurisdiction in the performance of the Basic Services and the Work and shall ensure the compliance of its Subcontractors. CM/GC shall also perform its services in accordance with the usual and customary standards of the CM/GC’s profession or business. The CM/GC and the Owners acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City of Milton 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 CM/GC and the Owner 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. 1.7.1.2 Specific Laws. Without limiting the generality of the foregoing Paragraph, the CM/GC specifically agrees to comply with the following laws as specifically referenced (and any related rules and regulations): 1.7.1.2.1 Intentionally Omitted. 1.7.1.2.2 O.C.G.A. § 36-91-21. 1.7.1.2.3 Preference for Georgia forest products, O.C.G.A. § 50-5-63. 1.7.1.2.4 Intentionally Omitted. 1.7.1.2.5 Standards and Requirements for Construction, Alterations, etc., O.C.G.A. § 8-2-1, et seq. 1.7.1.2.6 Control of Soil Erosion and Sedimentation, O.C.G.A. § 12-7-1, et seq. 1.7.1.2.7 Regulation of Fire and other Hazards (See O.C.G.A. § 25-2-1 et seq. and applicable Rules and Regulations). 1.7.1.2.8 Regulation of Blasting Operations (See O.C.G.A. § 25-8-1, et seq. and 25-9-1, et seq. and applicable Rules and Regulations). 1.7.1.2.9 Providing safe workplace, O.C.G.A. §§ 34-2-10 and 34-7-20. 1.7.1.2.10 Georgia Facility Protection Act, O.C.G.A. § 25-9-1, et seq. 1.7.1.2.11 High Voltage Safety Act, O.C.G.A. § 46-3-30, et seq. 1.7.1.2.12 Access and Use by Physically Handicapped Persons, O.C.G.A. § 30-3-1, et seq. 1.7.1.2.13 Intentionally Omitted. 1.7.1.2.14 Intentionally Omitted. 1.7.1.2.15 Title VI and Title VII of the Civil Rights Act, 42 U.S.C. § 2000a through 2000h-6 1.7.1.2.16 Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq.; 42 U.S.C. § 6101, et seq. 1.7.1.2.17 Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. 1.7.1.2.18 Federal Occupational Safety and Health Act, 29 U. S. C. § 651, et seq. Section 1 – General Part 7 – Miscellaneous Provisions 26 General Requirements 1.7.1.2.19 Federal Emergency Planning and Community Right-to-Know Act, 42 U. S. C. § 11001, et seq. 1.7.1.2.20 Georgia Open Records Act, O.C.G.A. §50-18-70, et seq. 1.7.1.2.21 Intentionally Omitted. 1.7.1.2.22 Scaffolding and Staging Statute, O.C.G.A. §25-15-110, et seq. 1.7.1.2.23 Department of Labor Rules and Regulations (See O.C.G.A. § 34-2-6 et seq. and applicable Rules and Regulations). 1.7.1.2.24 Hazardous Chemical Protection and Right to Know Act, O.C.G.A. § 45-22-2 et seq. 1.7.1.2.25 Retainage on Public Works Contracts, 0.C.G.A. §13-10-80, et seq. 1.7.1.2.26 Compliance with “federal work authorization programs” and federal Immigration Reform and Control Act of 1986 by Georgia Public Employers, contractors and subcontractors, O.C.G.A. §13-10-90 et seq.. 1.7.1.3 Building Codes. The following Building Codes, as well as any other applicable building codes, regulations or guidelines, in the latest editions approved by the Georgia Department of Community Affairs, or any other applicable state or local government entity, shall be used. (See O.C.G.A. §8-2-20, et seq. and related Rules and Regulations) As of the year 2000, these codes are published jointly by the Southern Building Code Congress International, the International Code Council, the Building Officials and Code Administrators, International, and the International Conference of Building Officials, and are commonly referred to as the International Building Codes. 1.7.1.3.1 Georgia State Minimum Standard Building Code (International Building Code with Georgia State Amendments). 1.7.1.3.2 Georgia State Minimum Standard Mechanical Code (International Mechanical Code with Georgia State Amendments). 1.7.1.3.3 Georgia State Minimum Standard Gas Code (International Fuel Gas Code with Georgia State Amendments). 1.7.1.3.4 Georgia State Minimum Standard Plumbing Code (International Plumbing Code with Georgia State Amendments). 1.7.1.3.5 Georgia State Minimum Standard Electric Code (National Electrical Code with Georgia State Amendments). 1.7.1.3.6 Georgia State Minimum Standard Energy Code (International Energy Conservation Code with Georgia State Supplements and Amendments). 1.7.1.3.7 Georgia State Minimum Standard Fire Prevention Code (International Fire Code with Georgia State Amendments). 1.7.1.4 Fire, Life Safety, and Accessibility Codes. The following codes, in addition to any other applicable codes, rules and regulations, in the versions approved by the Georgia State Fire Marshal/Fire Safety Commissioner and Department of Human Resources, shall be used. 1.7.1.4.1 Georgia State Life Safety Code (NFPA 101) 1.7.1.4.2 State Accessibility Codes (See O.C.G.A. §30-3-3) 1.7.1.4.3 Rules and Regulations of the Georgia Safety Fire Commissioner (See O.C.G.A. §§ 25-2-4,12.) Section 1 General Part 7 — Miscellaneous Provisions 1.7.1.5 Latest Edition. The Latest edition approved by the implementing agency of the regulations, rules, and codes listed in Paragraphs 1.7.1.3 and 1.7.1.4 above, with all amendments as of the date of the opening of bids, shall govern the installation of all Work and is adopted and incorporated into the Contract Documents and made a part thereof by reference; provided, however, that the Drawings and Specifications shall be adhered to in all cases where they call for quality of materials, quality of workmanship, or quality of construction which is equal to or in excess of the quality required by the above stated codes; and provided further that there may be no variances from the Drawings and Specifications except to the extent that the said variances shall be necessary in order to comply with the above stated codes. It shall be the responsibility of the CM/GC to familiarize himself with the requirements of the above stated codes. If there are any express requirements in the Drawings or Specifications that are at variance to the above stated codes, all changes in the Work necessary to eliminate or add to the said requirements and make the Work conform to the above stated codes shall be completed as provided in the Contract for changes in the Work; provided that all such changes must be approved by Owner in writing prior to becoming effective. 1.7.1.6 Compliance with Federal and State Work Authorization and Immigration Laws. 1.7.1.6.1 E -Verify. The CM/GC and all Subcontractors, Suppliers and consultants must comply with all federal and state work authorization and immigration laws, and must certify compliance using the form set forth in Section 7 ("Affidavit and Certificate of Compliance — Federal and State Work Authorization"). Such form shall be used to certify that the CM/GC is compliant with O.C.G.A. § 13-10-90, et seq., Georgia Department of Labor Rule 300-10-1-.01, and the U.S. Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, and that Contractor has, within the previous twelve (12) month period, conducted a verification, under the federal Employment Eligibility Verification ("EEV or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform Work pursuant to this Contract to ensure that no unauthorized aliens will be employed. The CM/GC hereby verifies that it has, prior to executing this Contract, executed a notarized affidavit, the form of which is provided in Section 7, and submitted such affidavit to the Owner. (The CM/GC acknowledges that each entity acting as the CM/GC pursuant to this Contract must separately execute and submit such affidavit to the Owner,) The required certificates must be filed with the Owner and copies maintained by the CM/GC as of the beginning date of this Contract and each subcontract, Supplier contract, and consultant contract. Further, CM/GC agrees that it shall maintain compliance with such requirements, and ensure compliance by its Subcontractors, during the term of this Contract. In the event the CM/GC employs or contracts with any Subcontractor(s) in connection with this Contract, the CM/GC 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 included in Section 7, prior to the commencement of work by the Subcontractor, and such Subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, CM/GC agrees to provide completed copies of such Subcontractor affidavit to the Owner within five (5) Business Days from receipt from any Subcontractor. Owner retains the right to inspect, or send a designee to inspect, and audit the Project Site and employment records of the CM/GC, Subcontractors and consultants without notice during normal working hours until Final Completion, and as otherwise specified by law and by Rules and Regulations of the Georgia Department of Labor. CM/GC and CM/GC's Subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following Final Completion. CM/GC agrees that the employee -number category designated below is applicable to the CM/GC: NSC Construction Company, LLC d/b/a New South Construction Company, LLC.: lnitiatq q General Requirements 27 Number of Employees Over 500 employees 100 to 499 employees 11 to 99 employees Section 1 – General Part 7 – Miscellaneous Provisions 28 General Requirements CM/GC hereby agrees that, in the event CM/GC employs or contracts with any Subcontractor(s) in connection with this Contract, the CM/GC will secure from the Subcontractor(s) such Subcontractor(s’) indication of the above employee-number category that is applicable to the Subcontractor. 1.7.2 Surveys, Permits, and Regulations. The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be obtained and paid for by the CM/GC. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the Owner unless otherwise specified. The CM/GC and its Subcontractors must pay any municipal or city occupational licenses, taxes, or fees, if any. The CM/GC shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work. If the CM/GC observes that the Drawings or Specifications are at variance with any such laws, ordinances, rules or regulations, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the CM/GC performs any Work knowing it to be contrary to such laws, ordinances, rules or regulations without such notice to the Owner, he shall bear all costs arising therefrom, including but not limited to the cost to bring such Work into compliance. Nothing in this paragraph shall be construed to impose design responsibility on the CM/GC except as noted in the Contract Documents. 1.7.3 Open Records Act. Owner and Design Professional and CM/GC acknowledge and agree that all records of the Project and the Work, including but not limited to records of Subcontractors, are subject to the Georgia Open Records Act, O.C.G.A. §50-18-70, et seq., with particular attention being called to O.C.G.A. §50-18-70(a) regarding the records of private persons, firms, corporations, or other private entity engaged in performance of services or functions on behalf of a public agency or public office. 1.7.4 Use of Site. The CM/GC has a revocable license to come on, use, and perform Work upon the Premises, shall confine thereto his plant, his apparatus, the staging and storage of materials, the operations of his forces and the Work to limits indicated by law, ordinances, permits, or the Contract Documents, and shall not unreasonably encumber the Premises with his materials. The CM/GC shall not load or permit any part of the Work to be loaded with weight that will endanger its safety. The CM/GC shall enforce Contract requirements regarding signs, advertisements, fires, and smoking and shall remove from the Premises and properly dispose all trash and debris. 1.7.5 [RESERVED] 1.7.6 Utilities. Pending the extension and connection of permanent water, permanent gas, permanent sewer taps, and permanent electric power, the CM/GC shall obtain temporary water, temporary gas, temporary electric power, and provide sewage disposal at his own expense. In the absence of provisions to the contrary, the CM/GC shall pay for all utilities services until Final Completion has been achieved. 1.7.7 Royalties and Patents. The CM/GC shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall indemnify and hold the Owner harmless from loss on account thereof. 1.7.8 Separate Contracts. The Owner reserves the right at any time and from time to time upon notice to CM/GC to perform, or cause to be performed by other contractors, other work at the Site in connection with the development of the Project that is not contemplated hereby or that is contemplated hereby if the CM/GC and the Owner shall be unable to agree upon a Change Order incorporating such work as Work of the CM/GC under this Contract. In either case, the Owner shall assure that such personnel or contractors do not cause any conflict with the Work of CM/GC. CM/GC shall afford the Owner and other contractors reasonable opportunity for the introduction, protection, and storage of material and equipment at the Site and the execution of Work, and shall properly connect, if required by Contract Documents, and coordinate its Work with theirs. If any work by the Owner or its other contractors increases CM/GC's costs or extends the time of performance, CM/GC shall be entitled, upon timely Claim, to a Change Order for payment by Owner of any reasonable costs actually incurred by CM/GC as a result thereof and to an extension of time for performance for such reasonable time as the Design Professional shall determine, provided that such additional costs and extension of time must be approved by Owner prior to being incurred. CM/GC has no responsibility hereunder to certify the suitability or correctness of any Work performed by Owner's own personnel or other contractors under direct contract with the Owner. This Article also applies to installation of loose equipment and fixtures by the Owner or a Separate Contractor. 1.7.9 Records, Reports Access, and Audits. (1) Records: Section 1 – General Part 7 – Miscellaneous Provisions 29 General Requirements (a) CM/GC shall oversee the receipt of all materials, the use of all equipment, and the doing of all labor entering into the performance of the Work; shall retain all invoices, checks and other records showing billing and payment for materials, equipment and labor going into the performance of the Work; shall maintain books of account with respect to the performance of the Work; and shall require its Subcontractors, Trade Contractors, and Trade Suppliers to maintain similar records throughout the Project and for a period of four (4) years from the date of Final Completion. 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 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 Contract shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the CM/GC shall furnish to the Owner any and all statements, records, reports, data, and information related to matters covered by this Contract in the form requested by the Owner. (3) Audits and Inspections: CM/GC and its Subcontractors, Trade Contractors, and Trade Suppliers shall, at reasonable times and upon request at any time during the progress of the Work or during the required record retention period, afford the Owner access to the Site and to the aforesaid records with respect to matters covered by this Contract, including but not limited to books and records of account, wherever located, as they relate to the Work and determination of the cost thereof for such examination and audit by Owner or by a designated representative of the Owner as Owner may elect. Such right of access, examination and audit includes but is not limited to the right to obtain access to and to examine and audit CM/GC’s and each of its Subcontractor’s, Trade Contactor’s, or Trade Supplier’s home office records relating to the Work. Owner may make copies of any records which Owner has the rights to access, examine, and audit. If the Owner so requests at any time subsequent to the execution of this Agreement, and within anytime until the records are turned over to the Owner, CM/GC shall allow an audit to be made by an independent certified public accountant, selected and hired by the Owner, of CM/GC’s determinations of Actual Cost (including CM/GC Construction Contingency Costs), with Owner to pay all reasonable costs related to completing such audit, including all fees charged by the accountant. If the audit results in a finding of improper payment by the Owner, the Owner shall provide documentation regarding the result of the audit, and CM/GC shall refund such improper payment to the Owner; provided that the CM/GC shall have sixty (60) days to dispute any evidence of overpayment. To the extent a dispute arises regarding the results of such audit, the parties shall use the dispute resolution proceedings described in Section 5 Part 2. The CM/GC shall in all agreements with Subcontractors, Trade Contractors, and Trade Suppliers include a provision that the Owner shall have the same rights with respect to the Subcontractor, Trade Contractor, or Trade Supplier; provided that any Subcontractor, Trade Contractor, or Trade Supplier bidding a lump sum payment for its portion of the Work shall be excused from this audit requirement. Notwithstanding anything to the contrary herein, this Section 1.7.9 and any other audit provision of this Contract shall not apply to cost items included or covered by any lump sum amounts, including without limitation, CM/CG Overhead Costs and Expenses and CM/CG’s Fee. 1.7.10 Employment of Georgia Citizens and Use of Georgia Products and Georgia Forest Products. Given that the Work provided for in this Contract is to be performed in City of Milton, Georgia, it is the wish of the Owner that materials and equipment manufactured or produced in City of Milton and the State of Georgia shall be used in the Work and that City of Milton, Georgia citizens shall be employed in the Work at wages consistent with those being paid in the general area in which the Work is to be performed. This desire on the part of the Owner is not intended to restrict or limit competitive bidding nor to increase the Cost of the Work; nor shall the fulfillment of this desire be asserted by the CM/GC as an excuse for any noncompliance or omission to fulfill any obligation under the Contract. The parties hereby agree and acknowledge that given the population of the City of Milton, Georgia, significant participation of the type described in this Section may be difficult to achieve. 1.7.11 Interpretation of Contract Documents. The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner. Each party has participated in negotiating and drafting this Contract, so if an ambiguity or a question of intent or interpretation arises, this Contract is to be construed as if the Section 1 – General Part 7 – Miscellaneous Provisions 30 General Requirements parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of this Contract. 1.7.12 Counterparts. This Contract may be executed in multiple counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. At least one (1) counterpart of this Contract shall be delivered to the Owner and one (1) counterpart to the CM/GC. 1.7.13 Forms and Specimens. The forms and specimens in Section 7 are incorporated by reference herein and shall be executed in substantial conformance with the Contract Documents. 1.7.14 Entire Contract. The Contract Documents referenced herein constitute the entire Contract between the Owner and the CM/GC and supersede all prior negotiations, representations, and agreements, either oral or in writing, between the parties with respect to the subject matter of this Contract. Except as set forth herein, no other promises, understandings, agreements, representations or warranties, oral or written, expressed or implied between the parties relating to the subject matter of this Contract not contained in this Contract or the Contract Documents shall be valid and binding. This Contract may not be changed, modified, or terminated, in whole or in part, nor any provision waived except by a duly authorized Change Order executed by each of the parties hereto. 1.7.15 Confidentiality. 1.7.15.1 CM/GC acknowledges that it may receive confidential information of the Owner, which shall be conspicuously marked as such, 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 CM/GC agrees that confidential information it receives or such reports, information, opinions, or conclusions that CM/GC creates under this Contract shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the Owner. CM/GC shall exercise reasonable precautions to prevent the unauthorized disclosure and use of Owner information whether specifically deemed confidential or not, provided that such precautions shall not prevent dissemination or communication of information if such dissemination or communication is made in the ordinary course of CM/GC’s business or in furtherance of the Project. 1.7.15.2 CM/GC acknowledges that the Owner’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and CM/GC further acknowledges that, if CM/GC submits records containing trade secret information and if CM/GC wishes to keep such records confidential, CM/GC 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. 1.7.16 Licenses, Certifications and Permits. The CM/GC covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Contract; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. All Work performed by CM/GC under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. The CM/GC shall furnish copies of all such permits, licenses, or approvals to the Owner within ten (10) days after issuance. 1.7.17 Key Personnel . All of the individuals identified in Exhibit “P” 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 CM/GC’s Project Manager or members of the project team, as listed in Exhibit “P”, without written approval of the Owner. CM/GC recognizes that the composition of this team was instrumental in the Owner’s decision to award the Work to CM/GC and that compelling reasons for substituting these individuals must be demonstrated for the Owner’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 Section shall constitute a material breach of CM/GC’s obligations under this Contract and shall be grounds for termination; provided that Owner must provide CM/GC written notice of its assertion of such breach and provide CM/GC with fifteen (15) days to cure such breach. CM/GC shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the Owner. CM/GC shall be solely responsible for any such Subcontractors in terms of performance and compensation. Section 1 – General Part 7 – Miscellaneous Provisions 31 General Requirements 1.7.18 Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials prepared or in the process of being prepared for the Work to be performed by the CM/GC (“materials”) shall be the property of the Owner, and the Owner shall be entitled to full access and copies of all such materials. Any and all Owner copyrightable subject matter in all materials is hereby assigned to the Owner, and the CM/GC agrees to execute any additional documents that may be necessary to evidence such assignment. 1.7.19 Meetings. The CM/GC is required to meet with the Owner’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of this Contract at no additional cost to the Owner. Meetings will occur as problems arise and will be coordinated by the Owner. When possible, the CM/GC will be given a minimum of three full working days’ notice of meeting date, time, and location; provided that meetings may be scheduled faster where necessary to remain on track regarding Project completion or where safety requires. Face-to-face meetings are desired. However, at the CM/GC’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 to make a good faith effort to resolve problems, may result in termination of the Contract. 1.7.20 Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the CM/GC agrees that, during performance of this Contract, CM/GC, 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, CM/GC agrees to comply with all applicable implementing regulations and shall include the provisions of this Article 1.7.20 in every subcontract for services contemplated under this Contract. 1.7.21 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 Contract, nor in any way affect this Contract. 1.7.22 No Third Party Rights. This Contract shall be exclusively for the benefit of the parties hereto and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action, or other right. 1.7.23 Successors and Assigns. The CM/GC and Owner each bind itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. Section 2 – Preconstruction Phase Part 1 – Preconstruction Phase Services 32 General Requirements SECTION 2 – PRECONSTRUCTION PHASE Preconstruction services shall be exclusively governed by that Preconstruction Services Agreement between the parties dated 4th day of June 2018. The terms set forth in this Section are supplemental rights and responsibilities relating to the Project PART 1 – PRECONSTRUCTION PHASE SERVICES 2.1.1 General. [RESERVED] 2.1.2 [RESERVED] 2.1.2 [RESERVED] 2.1.3 [RESERVED] 2.1.4 [RESERVED] 2.1.5 Scheduling Requirements. Preconstruction Services are exclusively governed by the aforementioned Preconstruction Services Agreement, and the following terms of this Section 2 shall serve as supplemental preconstruction terms. 2.1.5.1 [RESERVED] 2.1.5.2 [RESERVED] 2.1.5.3 Progress Reports and Information. When required, the CM/GC shall submit to the Design Professional and Owner such schedule of quantities and costs, payrolls, bills, vouchers, correct copies of all subcontracts, statements, reports, correct copies of all agreements, correspondence, and written transactions with the surety on the performance bond that have any relevance to the Work, estimates, records, and other data as the Owner may request that concerns the Work performed or to be performed under this Contract. When requested by the Owner, the CM/GC shall give the Owner access to its records relating to the foregoing. (See also Article 4.1.2, Audits.) The above reports shall include, but are not limited to, (a) written notice of dates by which specified Work will have been completed, (b) written notice of dates by which Non-Compliant Work will be made good, (c) written notice that Non-Compliant Work has been made good, (d) written notice as to the date or dates by which Work that has not been performed with equal steps and at the same rate required by the Overall Project Schedule shall have been brought into conformity with the Overall Project Schedule, (e) date by which any undisputed claim of a Subcontractor, Supplier, or laborer shall have been paid, (f) written advice regarding the nature and amount of any disputed claim of a Subcontractor, Supplier, or laborer, and (g) information regarding Work performed under Change Orders. 2.1.6 [RESERVED] 2.1.7 [RESERVED] 2.1.8 CM/GC Cost Responsibilities. 2.1.8.1 [RESERVED] 2.1.8.1.1 [RESERVED] 2.1.8.1.2 [RESERVED] 2.1.8.2 [RESERVED] 2.1.8.3. Unit Prices. 2.1.8.3.1 [RESERVED] 2.1.8.3.2 During Construction. Upon request of the Owner, the CM/GC shall submit written proposals for Unit Prices to be applied in the event Change Order Work is authorized by the Owner using a unit price pricing methodology. 2.1.8.3.3.[RESERVED] 2.1.9 [RESERVED] 2.1.10 [RESERVED] 2.1.11 [RESERVED] 2.1.12 [RESERVED] [Remainder of Page Intentionally Left Blank] Section 2 – Preconstruction Phase Part 2 – Construction Documents and Site Plan 33 General Requirements PART 2 – CONSTRUCTION DOCUMENTS AND SITE PLAN 2.2.1 General Provisions Regarding Construction Documents. 2.2.1.1 [RESERVED] 2.2.1.2 [RESERVED] 2.2.1.3 [RESERVED] 2.2.1.4 [RESERVED] 2.2.1.5 [RESERVED] 2.2.1.6 [RESERVED] 2.2.1.7 [RESERVED] 2.2.1.8 Intellectual Property Rights in Construction Documents, Drawings, and Models. The Drawings, Specifications and other documents prepared by the Design Professional pursuant to this Contract (including, without limitation, the Construction Documents), are the property of the Owner, whether or not the Project for which they are made commences or completes construction. Neither the CM/GC nor any Subcontractor or material or equipment Supplier shall own or claim a copyright in such Drawings, Specifications, and other similar or related documents; Owner shall retain all common law, statutory, and other intellectual property rights with respect thereto. The CM/GC must deliver remaining copies of such documents to the Owner upon request or upon completion of the Work, except that the CM/GC may keep one (1) copy of such documents for its files. The CM/GC shall only use such Drawings, Specifications and other documents for this Project. Neither the CM/GC nor any Subcontractor or material or equipment Supplier may use such Drawings, Specifications, and other documents on other projects without the specific written consent of the Owner. All models are the property of the Owner. 2.2.2 Documents at the Project Site. 2.2.2.1 Drawings and Specifications at the Project Site. The CM/GC shall keep at the Site at least one (1) copy of the Contract Documents and Change Orders, all in good order and available to the Design Professional and to his representatives. 2.2.2.2 Design Coordination Responsibilities for Construction Documents. The CM/GC shall continue its design coordination activities, as a part of its Basic Services, for the duration of construction activities at the Site. 2.2.2.3 Recording Changes. The CM/GC shall record all changes and shall annotate a copy of the Drawings to reflect the as-built condition in order to produce, at Final Completion, the Marked-up Construction Documents required by Section 6, Part 4. 2.2.3 [RESERVED] 2.2.4 Special Situation – New Sole Source Designation. 2.2.4.1 Limitations. This Article 2.2.4 applies only to Construction Documents referenced in a proposed Construction Document Change Order that designate a Sole Source that was not designated in the Program or the documents on which the GMP was based. Except as stated in this Paragraph, CM/GC's inability to obtain payment and performance bonds from Trade Contractors or warranties from Trade Contractors or Suppliers as required under this Contract shall not otherwise excuse CM/GC from its bonding and warranty obligations under this Contract. 2.2.4.2 Sole Source as Grounds for Rejection of Construction Document Change Order. If, after the acceptance of the GMP Change Order, a proposed Construction Document Change Order is submitted to CM/GC for the purposes of adding Construction Documents to this Contract necessitating a revision to the Program in accordance with the assumptions stated in the GMP Change Order, and said Construction Documents designate a “Sole Source” (as defined herein) from which CM/GC is required to procure goods or services necessary to perform the Work, which sole source has not been designated previously, CM/GC shall, in addition to the grounds enumerated above, be entitled to reject the proposed Construction Document Change Order if (1) the designated Sole Source is a Trade Contractor and it refuses to provide to CM/GC performance and payment bonds for the Trade Contract Sum in substantially the form set forth in Section 7; or (2) the designated Sole Source is a Trade Contractor or Supplier and it refuses to provide CM/GC warranties required under this Contract, including any warranty required by Construction Documents referenced in the proposed Construction Document Change Order. In such event, CM/GC shall give written notice to the Owner rejecting the proposed Construction Document Change Order and shall accompany said written notice with a proposal from CM/GC for changes or modifications in the referenced Construction Documents so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner shall then require the Design Professional to revise the subject Construction Documents so as to eliminate the designation of the Sole Source by incorporation of CM/GC's proposal or otherwise. Upon revision of Section 2 – Preconstruction Phase Part 2 – Construction Documents and Site Plan 34 General Requirements the Construction Documents by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the CM/GC a proposed Construction Document Change Order for the purpose of adding the revised Construction Documents to this Contract. CM/GC shall be entitled to a reasonable extension of the Date of Final Completion but not an increase in any Component of the Guaranteed Maximum Price by reason of its rejection of a proposed Construction Document Change Order under this Paragraph or by reason of any redesign by the Design Professional required under this Paragraph. 2.2.4.3 No Excuse Without Notice. If CM/GC accepts a proposed Construction Document Change Order adding Construction Documents to this Contract that designate a Sole Source (without putting the Owner on notice under this Article), CM/GC shall not be excused from its obligations with respect to the described Work by reason of the refusal of a designated Sole Source to provide payment or performance bonds to CM/GC or its refusal to provide warranties as required under this Contract. 2.2.4.4 Meaning of Sole Source. As used in this Article 2.2.4, “Sole Source” means a Trade Contractor or Supplier specified by name in Construction Documents as the exclusive source from which conforming goods or services may be obtained. Designation of goods or services by reference to a named source accompanied by the qualification “or equal” or similar language is not a designation of a Sole Source as that term is defined herein. 2.2.5 [RESERVED] 2.2.6 Manufacturer's Recommendations. All Work or materials shall be installed in accordance with the manufacturer's recommendations and requirements. The CM/GC shall obtain the manufacturer’s recommendations and requirements, for its use at the Site in executing the Work, copies of Bulletins, circulars, catalogues, or other publications bearing the manufacturer’s titles, numbers, editions, dates, etc. If the manufacturer’s recommendations and requirements are not available, the CM/GC shall request installation instructions from the Design Professional. 2.2.7 Site Plan. 2.2.7.1 [RESERVED] 2.2.7.2 [RESERVED] 2.2.7.3 Installation, Inspection, and Maintenance. The CM/GC is responsible for installation and maintenance of the BMPs as a part of its Bid. The CM/GC shall obtain the services of a qualified testing laboratory to inspect the BMPs in accordance with the permits, the costs of such inspections to be borne by the Owner. 2.2.8 Geological and Archeological Specimens. If, during the execution of the Work, the CM/GC, any Subcontractor, or any servant, employee, or agent of either should uncover any valuable material or materials, such as, but not limited to, treasure trove, geological specimens, archival material, archeological specimens, or ore, the CM/GC acknowledges that title to the foregoing is vested in the Owner. The CM/GC shall notify the Owner upon the discovery of any of the foregoing, shall take reasonable steps to safeguard it, and seek further instruction from the Design Professional. Any additional cost incurred by the CM/GC shall be addressed under the provision for changed conditions. The CM/GC agrees that the Geological and Water Resources Division and the Historic Preservation Division of the Georgia Department of Natural Resources may inspect the Work at reasonable times. [Remainder of Page Intentionally Left Blank] Section 3 – Construction Phase Part 1 – Construction Services 35 General Requirements SECTION 3 – CONSTRUCTION PHASE PART 1 – CONSTRUCTION SERVICES 3.1.1 Basic Construction Services. 3.1.1.1 Requirement to Commence Work. The CM/GC shall under all circumstances commence Work under a Component Change Order or GMP Change Order, as the case may be, no later than ten (10) days after the Proceed Order Date of a Proceed Order issued subsequent to a Component Change Order or GMP Change Order. 3.1.1.2 Payment for Services and Work. Unless otherwise stipulated, the CM/GC shall provide and pay for all materials, supplies, labor, services, water, tools, equipment, light, power, transportation, and other utilities and facilities necessary for the proper execution and completion of the Work. 3.1.1.2.1 No Obligation of Owner. CM/GC shall not enter into, execute, or deliver any agreement, document, or undertaking, or incur any obligation with any Trade Contractor, Supplier or Subcontractor in the name of the Owner. 3.1.1.2.2 No Conditional Sales Agreements. CM/GC shall not make, cause to be made, or permit, any contract for materials or equipment of any kind or nature whatsoever to be used in connection with the Work on a conditional sales or any other basis whereby the title to the equipment or materials does not pass to the Owner upon delivery to the Site or incorporation in the Project, free and clear of any lien, financing arrangement, or other impediment to title. 3.1.1.2.3 Separate, Distinct, and Independent Covenants. The covenants of this subparagraph are separate, distinct, and independent covenants, and no default by the Owner under the terms of this Contract shall relieve or release CM/GC of and from the covenants set forth in this subparagraph. 3.1.1.3 Quality of Materials and Workmanship. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CM/GC shall, if required, furnish satisfactory evidence as to the kind and quality of materials and Work. The burden of proof is on the CM/GC. 3.1.1.4 Quality and Discipline of Employees. The CM/GC shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the Work assigned to him. 3.1.1.5 Failure of the CM/GC to Supply Workmen. A Notice of Non-Compliant Work may be issued for failure of the CM/GC to supply enough workers or enough materials or proper materials. 3.1.1.6 Superintendence and Supervision by CM/GC. 3.1.1.6.1 Supervision by CM/GC. The CM/GC shall give efficient supervision to the Work, using his best skill and attention. He shall coordinate the Work with the activities and responsibilities of the Owner, the Design Professional, and CM/GC so as to complete the Project in accordance with the Owner's objectives of quality, cost, and time for completion as set forth in the Construction Documents. He shall carefully study and compare all Drawings, Specifications, and instructions and shall at once report to the Design Professional any error, inconsistency, or omission that he may discover. 3.1.1.6.2 Superintendent of CM/GC. The CM/GC shall hire and provided on this Work, during its progress and until the Final Certificate has been executed by the Design Professional, a competent Project Superintendent and any necessary assistants, all satisfactory to the Design Professional and Owner. The Project Superintendent shall not be changed, except with the consent of the Owner and the Design Professional, unless the superintendent proves to be unsatisfactory to the CM/GC and ceases to be in his employ. The superintendent represents the CM/GC, and all directions given to the superintendent shall be as binding as if given to the CM/GC. 3.1.1.6.3 Replacement Project Superintendent. If the CM/GC terminates the Project Superintendent or, if the CM/GC, for any reason, engages a Project Superintendent different from the one originally assigned to the Project, CM/GC must ensure that the replacement Project Superintendent has similar qualifications and experience as the originally identified Project Superintendent. Furthermore, the CM/GC must obtain the Owner's prior written approval before engaging a permanent replacement Project Superintendent. 3.1.1.6.4 Competent Full-Time Staff. The CM/GC shall maintain at the Site a competent, full-time staff with appropriate expertise to coordinate and provide general direction of the Work in order to (i) Maintain adequate Section 3 – Construction Phase Part 1 – Construction Services 36 General Requirements control of the Work as to quality and compliance with the Contract Documents, and (ii) Maintain satisfactory progress by the Trade Contractors involved in the performance of the Work. 3.1.1.6.5 Coordination. The CM/GC shall establish with the Design Professional procedures for coordination among the Owner, the Design Professional, and the CM/GC. Further, the CM/GC shall establish similar procedures for coordination between CM/GC and its Trade Contractors and Suppliers, with respect to all aspects of the Project, and implement such procedures. 3.1.1.6.6 Qualified Workforce and Sufficient Staff. CM/GC shall require all Trade Contractors, Subcontractors, and Suppliers to employ, only skilled workmen properly qualified by experience and ability to perform the task assigned to them. In addition, Trade Contractors and Subcontractors shall employ and assign to the Work, at all times, sufficient staff and personnel to perform their subcontracted services in a skilled, professional, and satisfactory manner so as not to delay the progress of the Work. The CM/GC shall immediately replace or cause to be replaced all Workmen whose Work, as determined by the CM/GC, does not meet such requirements. 3.1.2 Meetings and Schedule Updates. 3.1.2.1 Meetings. CM/GC shall conduct scheduled meetings on a regular basis and preinstallation meetings as listed on Exhibit “Q” at which the Owner, the Design Professional, the CM/GC, and Trade Contractors may discuss jointly such matters as procedures, progress, problems, and scheduling. The CM/GC shall provide and distribute minutes of such meetings, including therein a list of the action items, responsible parties, and action dates to maintain schedules. 3.1.2.2 Updating Schedules. CM/GC shall furnish the Owner with updates to the Overall Project Schedule, which shall be revised as required by the conditions of the Work and Project, showing complete preconstruction, procurement, and construction schedules. Such schedules shall set forth the following: 3.1.2.2.1 Major Elements and Components. Listing of all major elements and Components of the Work, as well as major equipment items to be purchased, with adequate information as to those items requiring long lead-time; 3.1.2.2.2 Analysis. An analysis of the types, quantity, and availability of labor required to perform all of the Work; 3.1.2.2.3 Separate Phases. A report of the separate phases of the Work to be performed by the CM/GC and Trade Contractors, along with a flow chart of the activity sequences, coordination, and duration of each; 3.1.2.2.4 Financial Requirements. A report of monthly and cumulative financial requirements; and 3.1.2.2.5 Status. The status of construction and completion. 3.1.2.3 Joint Development of Procedures. CM/GC shall develop jointly with the Design Professional and Owner procedures for the following items: 3.1.2.3.1 Routing. Routing of correspondence; 3.1.2.3.2 Progress Reports. Progress reports; 3.1.2.3.3 Cost Control. Cost control and reporting; 3.1.2.3.4 Lines of Authority. Lines of authority and personnel assignments of CM/GC's organization; 3.1.2.3.5 Field Construction Procedures. Field construction procedures, including, without limitation, safety, construction means and methods, logistics, and handling of material and equipment at the Site; 3.1.2.3.6 Inventory Control. Inventory control and security; Section 3 – Construction Phase Part 1 – Construction Services 37 General Requirements 3.1.2.3.7 Accounting. Accounting and auditing; 3.1.2.3.8 Quality Control. Quality control of materials and the Work; 3.1.2.3.9 Other. Such other procedures as may be reasonably required by the Owner. 3.1.2.4 Monitoring. CM/GC shall provide regular monitoring of the Overall Project Schedule as construction progresses; identify potential variances between scheduled and probable completion dates; review the schedule for Work not started or incomplete, and recommend to the Owner and Trade Contractors adjustment in the Construction Progress Schedule to meet the Date for Final Completion; provide written summary reports of each monitoring to all appropriate parties and document accordingly. 3.1.2.5 Record Progress. CM/GC shall record the progress of the Work; submit written progress reports monthly to the Owner and the Design Professional, including information on the percentage of completion; maintain a daily log, approved as to form and type of entries by the Design Professional, which log shall be accessible to the Owner and the Design Professional at all times during normal business hours. 3.1.2.6 Determine Adequacy. CM/GC shall determine the adequacy of the CM/GC's Trade Contractors', and Suppliers' personnel and equipment, as well as the availability of materials and supplies to meet the Construction Progress Schedule; CM/GC shall take appropriate action when requirements of the Trade Contracts are not being met. 3.1.2.7 Provide and Pay For. CM/GC shall provide and pay for all supervision, labor, materials, equipment, utility services (including water, gas, electricity, sewage, or waste water), tools, supplies, transportation, and other items or facilities necessary for the execution and completion of the Work in accordance with the Contract Documents. 3.1.3 Construction Budget. 3.1.3.1 Provide Budget. Prior to the commencement of the Work under a Component Change Order and the GMP Change Order, the CM/GC shall provide or update the Construction Budget to the Owner and Design Professional, using the format provided in Exhibit C attached hereto and incorporated herein by reference and including therein, as a line item, the estimated cost for each discrete cost of the Work within the Change Order Sum or the Guaranteed Maximum Price, as the case may be. The CM/GC shall revise and refine the Construction Budget at appropriate intervals as required by the conditions of the Work and present the revisions to the Owner. As the projected cost of the Work becomes more determinable, the CM/GC shall incorporate approved changes as they occur, shall develop cash flow reports and forecasts, shall identify variances between actual and budgeted costs and shall advise the Owner and Design Professional promptly whenever projected costs exceed or may exceed the budgeted cost. The Construction Budget, as revised thereafter, shall be regularly updated and provided by the CM/GC to the Owner and Design Professional for the purpose of permitting the Owner to monitor the progress of the Work and to establish the basis on which Claims or requests by the CM/GC, or other matters, may be evaluated. 3.1.3.2 Cost Control System. 3.1.3.2.1 Develop System. The CM/GC shall develop a system of cost control for the Work, including but not limited to regular monitoring of Actual Costs for activities in progress and estimates for uncompleted tasks and proposed changes. 3.1.3.2.2 Implement System. The CM/GC shall monitor costs and implement the system of cost control for the Work, revise from time to time the Construction Budget with approved changes, and develop cash flow reports and forecasts as requested by the Owner. The CM/GC shall identify variances between actual and estimated costs and report the variances to the Owner and Design Professional at regular intervals. 3.1.3.3 Cost Accounting Records. The CM/GC shall maintain cost accounting records on items of Actual Cost (including CM/GC’s Construction Contingency Costs), including but not limited to authorized Work performed under Unit Prices, Actual Costs and CM/GC’s Construction Contingency Costs for labor and materials, and other basis for requiring accounting records. The CM/GC shall maintain at the Project Site accounting records for Trade Contracts, this Contract, and other Contracts related to the Project. 3.1.3.4 Payment Procedures. The CM/GC shall develop jointly with the Design Professional and Owner procedures for reviewing, processing, recording, and paying Trade Contractors and Suppliers upon their application for payment, and implement same consistent with the Contract Documents. Further, CM/GC shall develop and implement a procedure for the review, processing, and payment of applications by Trade Contractors and Suppliers for progress Section 3 – Construction Phase Part 1 – Construction Services 38 General Requirements and final payments, including a retainer release method. Such procedure shall be submitted to the Owner for approval. 3.1.4 Coordination of the Work. 3.1.4.1 Coordination. CM/GC shall establish with Trade Contractors, Suppliers and Subcontractors the on-Site organization and lines of authority in order to carry out the overall progress of the Work. Further, CM/GC shall coordinate the Work of the CM/GC under the Contract Documents with professional consultants retained by the Owner or the Design Professional. 3.1.4.2 Construction Means and Methods. The CM/GC shall be responsible for coordinating all portions of the Work under this Contract. He shall be responsible for construction means, methods, techniques, sequences, and procedures, as well as for safety precautions and programs in connection with the Work. He shall ensure that the foregoing activities are performed in compliance with the Contract Documents. Notwithstanding the foregoing, no Trade Contractor is relieved of its responsibility for taking all reasonable and necessary steps to perform all Work consistent with the Contract Documents. 3.1.4.3 Quality Control. CM/GC shall review the Work of Trade Contractors and Suppliers for defects and deficiencies. Further, CM/GC shall develop and implement a system, including appropriate quality control documentation, for ensuring that all such defects and deficiencies are corrected. 3.1.4.4 Procedures for Change Orders. CM/GC shall coordinate and develop for Trade Contractors and Subcontractors procedures for (i) preparation, review, and processing of Change Orders; (ii) recommending necessary or desirable changes to the Owner and the Design Professional; (iv) reviewing requests for changes by the Owner, Trade Contractors, or Suppliers; (iv) submitting recommendations to the Owner and the Design Professional with respect to proposed Change Orders; and (v) implementing Change Orders as approved by the Owner. 3.1.4.5 Procedures for Approval of Materials. CM/GC shall develop procedures to ensure that no materials shall be purchased unless and until Component Construction Documents, defining or affecting such materials, have been approved by the Owner and then only in conformance with the Component Change Order or Construction Documents Change Order. 3.1.5 Mobilization. CM/GC shall mobilize, transport and assemble its equipment, materials, and supplies, as well as construct such temporary systems as are necessary and required at the Site, all in adequate time for satisfactory performance of the Work. 3.1.6 Duty to Commence. 3.1.6.1 Time for Commencement. Within ten (10) days after the Proceed Order Date, the CM/GC shall commence to procure such services, labor, and materials necessary to perform the Work described in any approved Component Change Order or the GMC Change Order, but only to the extent Construction Documents for said Work or affecting said Work have been approved by Owner. 3.1.6.2 No Direct Performance. The CM/GC shall not directly perform any Work or provide any materials, equipment, or supplies but shall contract for performance of Work or procurement of materials, equipment, or supplies through Trade Contracts and Subcontracts, except as otherwise permitted by the Contract Documents. No fee shall be payable by Owner to CM/GC for self-provided Work or materials except by lump sum as provided in paragraph 3.2.3.2. 3.1.6.3 Responsibility for Proper Performance. Notwithstanding CM/GC's execution of contracts with Trade Contractors, Subcontractors or Suppliers incident to the performance of the whole or any part of the Work, the CM/GC shall be responsible to the Owner for the proper performance of the Work in compliance with the Contract Documents, unless the Contract Documents expressly provide to the contrary. Unless caused by the Owner or Design Professional, inefficiency, non-performance, improper performance, or other default by any Trade Contractor or Supplier under contract with CM/GC or employee thereof shall not excuse the CM/GC from its obligation to assure timely performance in compliance with the Contract Documents. 3.1.6.4 Acts and Omissions. The CM/GC shall be fully responsible for the acts and omissions of its officers, employees, agents, licensees, Trade Contractors, Subcontractors, Suppliers, invitees and guests, as well as their respective officers, employees, agents, licensees, Suppliers, guests, materialmen, and all other persons performing any of the Work or supplying labor, services, materials, or equipment for or under the Trade Contracts entered into by the CM/GC. The failure of a Trade Contractor, Subcontractor or Supplier under contract with CM/GC or employees thereof to properly perform shall not excuse the CM/GC for any omission from or non-compliance with the requirements of the Contract Documents; nor shall the CM/GC be entitled to an extension of time because of the failure of a Trade Contractor, Subcontractor or Supplier, Section 3 – Construction Phase Part 1 – Construction Services 39 General Requirements unless such failure was a direct result of some delay to the Trade Contractor, Subcontractor, or Supplier of the kind and character for which the CM/GC is entitled to receive an extension of time. 3.1.6.5 Responsibility for Completion. CM/GC shall complete the Work under Component Change Orders and the GMP Change Order and shall achieve Final Completion of the Project not later than thirty (30) days after the Material Completion Date. 3.1.7 Notice of Commencement. The CM/GC shall, in accordance with Georgia law, record and post a Notice of Commencement for the construction portion of the Work, and shall promptly deliver a stamped-recorded copy of such Notice of Commencement to the Design Professional. (See O.C.G.A. § 36-91-92.) 3.1.8 Measurements and Dimensions. Before ordering material or doing Work that is dependent upon coordination with building conditions, the CM/GC shall verify all dimensions, elevations, grades, and pitch by taking measurements at the building Site and shall be responsible for the correctness of same. Any discrepancies between the Drawings and/or Specifications and the existing conditions shall be referred to the Design Professional for additional instructions before any Work affected thereby is begun. 3.1.9 Rain Water, Surface Water, and Back-up. The CM/GC shall protect all excavations and trenches, from rainwater, surface water, and back up of drains and sewers. The CM/GC shall furnish all labor, pumps, shoring, enclosures, and equipment necessary to protect and to keep the Work free of water. For the sake of clarity and in no way limiting or altering the application elseware, it is acknowledged that this Section 3.1.9 is subject to specific portions of the Assumptions and Clarifications to the GMP. 3.1.10 Dust Control. CM/GC shall provide and include in the Cost of the Work dust-proof enclosures or partitions for protection wherever dusty or dirty Work is performed, and CM/GC shall provide dampening of debris to avoid dusting when removed. 3.1.11 Cutting, Patching, and Fitting. The CM/GC shall do all cutting, patching, and fitting of the Work that may be required to make its several parts come together properly and fit. 3.1.12 Space Conditions. All pipes passing through floors, walls, and ceilings shall be installed with sufficient space between them to permit installation of pipe insulation and floor, wall, and ceiling plates without cutting of insulation or plates. Roughed-in dimensions shall be prepared by the CM/GC to accomplish this requirement. The CM/GC shall locate all equipment that must be serviced, operated, or maintained in fully accessible positions. This provision includes but is not limited to valves, traps, cleanouts, motors, controllers, switchgear, drain points, filter, access doors, and fire dampers. If spaces, dimensions, or other design conditions do not permit compliance with the present article, the CM/GC shall file a request in writing with the Design Professional for additional instructions, furnishing a copy to the Owner. 3.1.13 Cleaning. 3.1.13.1 During Construction. At all times, the CM/GC shall keep the premises free from accumulations of waste material or rubbish caused by his employees, Trade Contractors, or Work. Periodically during the course of the Work he shall remove all his rubbish, tools, scaffolding, and surplus materials from and about the Work and Site and shall leave his Work and the Site "broom-clean" or its equivalent, unless more exactly specified. Prior to Final Completion by a Trade Contractor of any Trade Contract, CM/GC shall require the Trade Contractor to remove from the Work and Site all temporary systems, tools, equipment, machinery, and surplus materials not required for the continued performance of any Work under the Trade Contract or this Contract. In case of dispute, after 48 hours written notice to CM/GC, the Owner may remove the rubbish and charge the cost to the CM/GC. 3.1.13.2 Prior to Final Completion. Prior to Final Completion of the Project, CM/GC shall remove from the Site all wastes and rubbish, clean all tile and glass surfaces, replace broken glass, remove stains, paint spots, and clean and polish all plumbing fixtures and equipment, leave the Work “vacuum clean” or its substantial equivalent, all hard surface floors swept and mopped, all carpeted floors vacuumed, all surfaces other than floors dusted, blower dusted, or wiped (depending on type of surface) and surface blemishes cleaned, all glazing washed [both sides], and all electrical and mechanical equipment and fixtures cleaned, with all ductwork cleaned and filters replaced, if such are dirty, before other cleaning is started, and re-cleaned if any dust or dirt has gotten into the ductwork during the cleaning process. The CM/GC shall restore existing facilities such as roads, other paved surfaces, fencing, curbing and the like at the Site to at least their preconstruction conditions; provided, however, the CM/GC may, in an orderly fashion, leave equipment and supplies at the Site as necessary to achieve Final Completion of the Project. This cleaning must be completed before the CM/GC can expect the Design Professional to commence the inspection for Final Completion. To achieve Final Completion, the CM/GC shall have fully cleaned the Site – all debris must have been removed from the Site, and all paved surfaces must have been broom swept and thoroughly hosed down. Section 3 – Construction Phase Part 1 – Construction Services 40 General Requirements 3.1.14 Duty of CM/GC to Report Defects. If any part of the CM/GC’s Work depends for proper execution or results upon the work of any Separate Contractor to the Owner, the CM/GC shall inspect and promptly report to the Design Professional any apparent defects in such work that render it unsuitable for such proper execution and results. 3.1.15 Duty of CM/GC to Report Conflicts. To ensure the proper execution of his subsequent Work, the CM/GC shall measure Work already in place and shall at once report to the Design Professional any discrepancy between the executed Work and the Drawings or Specifications. [Remainder of Page Intentionally Left Blank] Section 3 – Construction Phase Part 2 – Component Change Orders 41 General Requirements PART 2 – COMPONENT CHANGE ORDERS 3.2.1 Scope of Part. This Part shall govern the performance of all construction Work under a Component Change Order unless the provisions of this Contract are modified by Change Order. This Contract shall not apply, and none of the responsibilities of the CM/GC stated herein shall apply, to Work performed by a Separate Contractor for which CM/GC is not responsible under this Contract. 3.2.2 Component Change Order Proposal. 3.2.2.1 Proposal. If, prior to the execution of the GMP Change Order, the CM/GC proposes and the Owner authorizes the commencement of construction or procurement of any Component of the Project for which the Owner has approved Component Construction Documents, the Owner shall request the CM/GC to procure proposals and to submit a proposed Component Change Order to this Contract under which the CM/GC shall offer to contract with a Trade Contractor(s) for the construction of the Component or with a Supplier(s) for procurement of the Component in accordance with the Component Construction Documents. The Owner’s request shall identify the specific Component of the Project for which a proposed Change Order is requested. 3.2.2.2 Component Construction Documents. The Design Professional shall issue Component Construction Documents meeting the following minimum criteria: a. The Component Construction Documents shall reasonably show the intent of the Work to be accomplished; b. The Component Construction Documents shall be sufficient for the CM/GC to price the Work; c. The Component Construction Documents shall meet all regulatory and Fire Marshal requirements; and d. The Component Construction Documents shall be sufficiently detailed to preclude the necessity for rework as the Construction Documents proceed to 100% completion. 3.2.2.3 Component Change Order Format. The Component Change Order shall state a Change Order Sum as defined in Article 3.2.3 below, shall state a proposed Date for Final Completion of such Work, and shall be substantially in the form set forth in Exhibit G. 3.2.3 Component Change Order Sum. 3.2.3.1 Change Order Sum. The Change Order Sum for Work or materials contracted for by the CM/GC under a Component Change Order shall consist of the following: 3.2.3.1.1 Trade Contractors and Suppliers. The Subcontract Sums due the Trade Contractors or Suppliers retained by CM/GC for the performance of the Work; 3.2.3.1.2 CM/GC's Estimated Costs. The CM/GC's Estimated Cost (based on anticipated Actual Costs as defined in Section 4, Part 4) for the performance of the Work that are not represented by services and that are not included in the services or materials provided by the Trade Contractor or Supplier in subparagraph 3.2.3.1.1 above; 3.2.3.1.3 CM/GC’s Construction Contingency. CM/GC’s Construction Contingency (as defined in Section 4, Part 4) for the Component’s anticipated contingency costs incident to the performance of the Work and procurement of the materials for the Component; and 3.2.3.1.4 CM/GC's Fee. The CM/GC's Fee for the performance of the Work, which shall be stated as a lump sum amount commensurate with the scope of the Component Change Order and a proportionate percentage of the lump sum for the relevant phase, as provided in paragraph 5 of the Contract. 3.2.3.2 Lump Sum Amount. If CM/GC proposes to perform Work with its own forces, and the Owner approves, the lump sum amount shall be the Change Order Sum, and the Change Order Sum proposed shall not include, as additions, any estimated cost, contingency, overhead, scope of Work or CM/GC Fee components in the same manner as set forth in Article 3.7.8. 3.2.3.3 Mobilization Costs. 3.2.3.3.1 Intentionally Omitted. 3.2.3.3.2 Intentionally Omitted. Section 3 – Construction Phase Part 2 – Component Change Orders 42 General Requirements 3.2.4 Unacceptable Proposals. If, prior to its acceptance of a proposed Component Change Order, the CM/GC shall give notice to the Owner that the lowest responsible proposal received by the CM/GC from a Trade Contractor to perform the Work described in the proposed Change Order exceeds the CM/GC's Construction Cost Estimate for that Work, or that no responsible proposal for that Work has been received, then the CM/GC may propose to either (1) request a redesign of Construction Document governing the Component (so long as the redesign is a functional and quality equivalent); or (2) request that the CM/GC perform the Work with its own forces for the lump sum amount stated in the CM/GC's Construction Cost Estimate, which shall be the lump sum Change Order Sum. Any design fees and costs for a requested redesign approved by Owner shall be paid by CM/GC to the Design Professional through the Owner. The Owner, in its sole and absolute discretion, may reject either or both proposals made by CM/GC. 3.2.5 Time for Review. The Owner shall have seven (7) days following its receipt of the CM/GC's proposed Component Change Order under this Article to accept or reject same. Otherwise, CM/GC shall be entitled to an extension of time equal to the delay of Owner in accepting or rejecting same. 3.2.6 Rejection. If the Owner rejects the CM/GC's proposed Component Change Order, CM/GC may revise and resubmit same but shall not be obligated to do so. In the event that no such Component Change Order can be agreed upon, CM/GC shall continue its performance under any Component Change Orders then outstanding and with the performance of any other services required under this Contract until such time as a Component or GMP Change Order is approved or either party elects to terminate this Contract. If the Owner rejects the CM/GC's proposed Component Change Order, Owner may remove by Change Order from the Contract Documents the Work contemplated by the rejected Component Change Order and may use alternative methods for the construction or procurement of the Work involved, and CM/GC shall not be entitled to any Fee or other compensation with respect to such Work. In the event that the Owner uses alternative methods for the construction or procurement of the Work, the CM/GC must cooperate with the Owner in order to get the W ork completed. 3.2.7 Proceed Order for a Component. If the Owner accepts the CM/GC's proposed Component Change Order, the Owner shall give written notice of same by returning the proposed Component Change Order with its acceptance endorsed thereon and shall issue to CM/GC a Proceed Order to construct the Component. At that time, the Component Change Order shall become a part of the Contract Documents. Thereafter, the Work performed thereunder shall be performed and administered in accordance with the Contract Documents. The date of the Proceed Order shall be the starting date for the Work covered by the Component Change Order. 3.2.8 Duty to Proceed. Upon receipt of the Owner's Notice of Acceptance of the proposed Component Change Order, the CM/GC shall, in accordance with Article 2.1.2 of this Contract, furnish Owner with items required thereunder and, the CM/GC shall, as of the Proceed Order Date, commence performance of the Work covered by the Component Change Order. 3.2.9 Owner's Liability. 3.2.9.1 Maximum Liability. The Change Order Sum as stated in a Component Change Order shall be the maximum amount that the Owner is required to pay to CM/GC for the performance of the Work under a Component Change Order. The Change Order Sum, however, may be increased or decreased under those circumstances where other Articles of this Contract authorize an increase or decrease in the Contract Sum or the payment of additional compensation. This increase or decrease shall be added to or subtracted from the original Change Order Sum to determine the revised Change Order Sum. 3.2.9.2 Maximum Sum Calculated. Where the Change Order Sum is so calculated, the sum of (i) the Contract Sum payable to the Trade Contractor or Supplier plus (ii) the CM/GC's Estimated Costs plus (iii) CM/GC’s Construction Contingency plus (iv) CM/GC’s Fee shall be the maximum sum that Owner shall be obligated to pay CM/GC for the performance of the Work encompassed by the Component Change Order. 3.2.10 Completion Date. The completion date for the Work as stated in a Component Change Order shall be subject to extension or acceleration under those circumstances where other provisions of this Contract authorize an extension or acceleration in the time. 3.2.11 Effect of GMP Change Order. At the time CM/GC submits its GMP Change Order proposal under Article 3.3.1, CM/GC shall incorporate into the Estimated Cost, CM/GC’s Construction Contingency, and Fee components of the proposed Guaranteed Maximum Price the corresponding components or lump sum amounts of all Change Order Sums stated in all Component Change Orders accepted as of that date by the Owner. The Owner shall receive a credit for payments it has made under all Component Change Orders after approval of the GMP Change Order. 3.2.12 Cumulative Effect of Component Change Orders. Estimated Cost and Contingency Cost components of the Change Order Sums of Component Changes Orders shall be cumulative so that the aggregate of all outstanding Estimated Section 3 – Construction Phase Part 2 – Component Change Orders 43 General Requirements Cost and Contingency Cost components of all Component Change Orders shall be available for payment to CM/GC at any time. 3.2.13 Pre-Commencement Obligations. The CM/GC shall complete the pre-commencement obligations set forth in Article 2.1.2, as additionally detailed below: 3.2.13.1 Payment and Performance Bonds. 3.2.13.1.1 Component Change Order. (a) In the case of the initial Component Change Order, CM/GC shall provide payment and performance bonds in conformance with and in the form set forth in the Contract Documents designating the CM/GC as the principal obligor and the Owner as the obligee, in an amount of the Change Order Sum covering the Work under that Component Change Order and, in the case of subsequent Component Change Orders, an endorsement to such bonds increasing the aggregate amount of the bonds to an amount equal to the aggregate of the Change Order Sums of all Component Change Orders to this Contract. See also Article 1.5.1. If, in connection with a Component Change Order, the CM/GC has furnished payment and performance bonds in the amount approved by the Owner as the reasonably expected aggregate amount of the Change Order Sums of that and any prior Component Change Order and all subsequent Component Change Orders and covering all such Work, then upon entry of a subsequent Component Change Order, no additional endorsement to payment or performance bonds shall be required, provided that the aggregate amount of the Change Order Sums of all Component Change Orders does not exceed the penal sum of each bond. However, Owner may require written confirmation from the surety that the outstanding bonds cover the Work under a subsequent Component Change Order. No election or failure of the Owner to request such confirmation shall affect the rights of Owner or others under the existing bonds covering such Work. (b) As an alternative, the initial payment and performance bonds may be obtained with the penal amount set as the sum of the total CM/GC fees plus the total estimated construction cost at the time of the initial Component Change Order. 3.2.13.1.2 Effect of GMP Change Order Upon Bonds. Upon approval of the GMP Change Order, payment and performance bonds shall be furnished by the CM/GC in conformance with and in the form set forth in Contract Documents, in the amount of the Guaranteed Maximum Price, designating CM/GC as the principal obligor and the Owner as the obligee. If, in connection with a Component Change Order preceding the GMP Change Order, CM/GC has furnished payment and performance bonds covering the Work under Component Change Orders and under the GMP Change Order, and such bonds are in an amount not less than the Guaranteed Maximum Price, no additional payment or performance bonds shall be required. However, Owner may require written confirmation of the surety that the outstanding bonds cover the Work under the GMP Change Order. No election or failure of the Owner to request such confirmation shall affect the rights of Owner or others under the existing bonds covering such Work. 3.2.13.2 Certificates of Insurance. CM/GC shall provide to Owner all certificates of insurance required under of this Contract, including those required under Contract Documents. 3.2.13.3 Construction Progress Schedule. CM/GC shall complete and provide to Owner for approval a Construction Progress Schedule. 3.2.13.4 Construction Budget. CM/GC shall complete and provide to Owner for approval a Construction Budget. 3.2.13.5 Rental Rates. CM/GC shall complete and provide to Owner for approval a schedule for (i) proposed rental rates on heavy construction equipment, and (ii) proposed wage rates of operating engineers. The CM/GC firm shall certify that the proposal for rental rates and proposal for wage rates comply with the Contract Documents. [Remainder of Page Intentionally Left Blank] Section 3 – Construction Phase Part 3 – GMP Change Order 44 General Requirements PART 3 – GMP CHANGE ORDER 3.3.1 Guaranteed Maximum Price. 3.3.1.1 Guaranteed Maximum Price Proposal. The CM/GC shall propose a Guaranteed Maximum Price (GMP) and shall include in his proposal all services, equipment, labor, and materials required by the Contract Documents. Upon approval, the GMP Change Order, including the CM/GC’s proposal, will become a part of the Contract Documents. 3.3.1.2 Submission of Guaranteed Maximum Price Proposal. After the completion of Design Development Documents, and when the Project Drawings and Specifications are sufficiently complete, but not later than thirty (30) days after a Construction Documents Change Order, CM/GC shall submit to the Owner a proposed GMP Change Order to establish the Guaranteed Maximum Price, which shall be inclusive of the Actual Cost of the Work (including the CM/GC’s Construction Contingency as defined in Section 4 Part 4), the CM/GC’s Overhead Costs and Expenses, and CM/GC's Fee (as defined in Section 4 Part 1). Under the GMP Change Order, the CM/GC shall propose (i) to perform the construction of the entire Project in accordance with the assumptions stated in the GMP Change Order or in accordance with the Construction Documents Change Order, as appropriate, for a Guaranteed Maximum Price, which shall be specified in the proposed GMP Change Order, and (ii) to achieve Final Completion of the Project not later than thirty (30) days following the Material Completion Date specified in the proposed GMP Change Order. 3.3.1.2.1 GMP Defined. The Guaranteed Maximum Price shall be inclusive of (i) the CM/GC's Estimated Cost of the Work, (ii) the CM/GC’s Construction Contingency, (iii) the CM/GC's Fee, and (iv) the CM/GC’s Overhead Costs and Expenses, to be set forth in the proposed GMP Change Order as follows: (a) Estimated Costs of the Work. The proposed GMP Change Order shall include separately identified dollar amounts, stated as fixed sums, for Actual Costs as estimated by the CM/GC for the complete construction of the Project, which amount shall include all Trade Contract and Subcontract Sums, costs of materials, and any Component Change Order Sums; (b) CM/GC’s Construction Contingency. The proposed GMP Change Order shall include, as a separately identified item, a CM/GC’s Construction Contingency sum in an initial amount (subject to increase or decrease) against which CM/GC can draw at its election for the purposes set forth in Section 4 Part 4. The initial CM/GC’s Construction Contingency sum shall include the contingency amounts stated in all accepted Component Change Orders. (c) CM/GC's Fee. The proposed GMP Change Order shall include, as a separately identified item, the total Fee for CM/GC's performance of the Work. The Fee shall be stated as a lump sum amount and shall be not more than the amount shown in Paragraph 5 of the Contract. This fee shall compensate CM/GC for its indirect (back office) overhead and profit. (d) CM/GC’s Overhead Costs and Expenses. The proposed GMP Change Order shall include, as a separately identified item, a lump sum fixed amount for CM/GC's Overhead Costs and Expenses for performance of the Work, intended to compensate the CM/GC for its on-site general conditions the items that are included in such amount are listed on Exhibit R. The GMP Change Order shall also state a daily rate for “Time Dependent Overhead Costs” that shall be used in adjusting the amount for CM/GC's Overhead Costs and Expenses in the event the Contract Time is extended for one of the specified reasons for which such time is compensable. (e) Credit for Payments. The Owner shall receive a credit for all payments made under the Contract Documents, as against the CM/GC Fee and the cost of Basic Services and the Work. 3.3.1.2.2 CM/GC’s Statement. CM/GC shall include, as part of the proposed GMP Change Order, a statement identifying: (a) A list of the Drawings and Specifications, including all Addenda and Bulletins thereto, including without limitation the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal. (b) All estimates, noting whether they cover furnishing and delivery, or furnishing, delivery, and installation. The CM/GC's Fee shall not be reduced because the Actual Cost of the estimated item is less than the estimate and shall not be increased because the Actual Cost of the estimated item is greater than the estimate. Section 3 – Construction Phase Part 3 – GMP Change Order 45 General Requirements (c) A listing of any trade, Work categories, or other items that are not included in the Guaranteed Maximum Price. (d) A Construction Documents Schedule setting forth the dates assumed by CM/GC for the Design Professional's completion of Construction Documents necessary to effect the Program to satisfy Subparagraph 3.3.1.2.2(l) below that have not been completed and approved by Owner, to which schedule the Design Professional shall have agreed. (e) A Shop Drawing Approval Schedule setting forth the schedule assumed by CM/GC for the Design Professional's response to Shop Drawings, submitted by CM/GC, to which schedule the Design Professional shall have agreed. (f) A Construction Progress Schedule prepared in accordance with this Contract. (g) A Construction Budget prepared in accordance with this Contract. (h) A Component Schedule showing any Components of the Project that the CM/GC expects the Design Professional to segregate. (i) The Design Professional's concurrence with the Construction Documents Schedule, Shop Drawing Approval Schedule, and the Component Schedule referenced above. (j) A staffing plan for CM/GC's staffing of the Project during the course of the Work. (k) Intentionally omitted. (l) A list of the clarifications and assumptions made by CM/GC in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings and Specifications; such assumptions and clarifictions shall take precedence over any other term of this contract. (m) The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items, along with the CM/GC’s Fee, that compose the Guaranteed Maximum Price. (n) The Material Completion Date and Final Completion Date upon which the proposed Guaranteed Maximum Price is based. 3.3.1.3 No Allowances Permitted in GMP. While allowances may be utilized in the cost calculations for portions of the Project not yet fully designed during the Preconstruction Phase of this Agreement, the CM/GC shall not include any cash allowances in the GMP Change Order proposal. The CM/GC may include within the GMP Change Order proposal such assumptions deemed appropriate concerning costing issues used in developing the proposed GMP. The CM/GC acknowledges and agrees that the GMP includes sums for overhead and CM/GC’s Fee on account of all assumptions. No demand for overhead and profit other than those included in the GMP shall be allowed. 3.3.2 Submittal of GMP Change Order. 3.3.2.1 Format for Submittal. The CM/GC's proposed GMP Change Order shall be submitted to the Owner as an offer in substantially the form set forth in Exhibit H. 3.3.2.2 GMP Proposal Review Meeting. Following CM/GC's submission of the proposed GMP Change Order and prior to its acceptance, the Owner and Design Professional shall meet with the CM/GC to review the proposed GMP Change Order and the statement of its basis. The Owner and the Design Professional shall promptly notify the CM/GC of any errors or omissions they discover in the presented information during their review of same. CM/GC shall be entitled to make any necessary adjustments to the proposed GMP Change Order as a result of any errors discovered by the CM/GC, the Design Professional, or the Owner prior to its acceptance by the Owner. Neither the Design Professional nor the Owner has any duty to CM/GC to examine the proposed GMP Change Order to discover such errors, and no error discovered after acceptance by the Owner of the GMP Change Order shall constitute a basis for a change therein or a modification to this Contract. Section 3 – Construction Phase Part 3 – GMP Change Order 46 General Requirements 3.3.3 Acceptance or Rejection of GMP Change Order. 3.3.3.1 Time for Acceptance or Rejection. The Owner shall have thirty (30) Business Days from the receipt of CM/GC's proposed GMP Change Order to accept or reject same. 3.3.3.2 Written Notice of Acceptance. If the Owner accepts the CM/GC's proposed GMP Change Order, the Owner shall give written notice of same by returning the proposed GMP Change Order with its acceptance endorsed thereon and shall issue to CM/GC a Proceed Order. At that time, the GMP Change Order shall become a part of the Contract Documents. Thereafter, the Work performed thereunder shall be performed and administered in accordance with the Contract Documents. The date of the Proceed Order shall be the starting date for the Work covered by the GMP Change Order. 3.3.3.3 Rejection of GMP Proposal. If the Owner rejects the CM/GC's proposed GMP Change Order, CM/GC may, but shall not be obligated to, revise and resubmit same. In the event no GMP Change Order can be agreed upon, CM/GC shall continue its performance under any Component Change Orders then outstanding and with the performance of any other services required under this Contract until such time that a GMP Change Order is approved or either party elects to terminate this Contract. 3.3.4 Duty to Proceed. Upon receipt of the Owner's Notice of Acceptance of the GMP Change Order, the CM/GC shall furnish the items required by Article 2.1.2 that are not yet submitted, and on the Proceed Order Date, the CM/GC shall promptly begin or continue the prosecution of the W ork in accordance with the Contract Documents and in accordance with any subsequent Construction Document Change Order. 3.3.5 Modification of GMP. Whenever this Contract authorizes an increase or decrease in the GMP, the increase or decrease shall operate to increase or decrease the Estimated Cost Component and CM/GC’s Fee Component of the GMP Change Order. The Guaranteed Maximum Price shall be subject to additions and deductions by Change Order. 3.3.6 Replacement of GMP with Lump Sum Price. 3.3.6.1 Owner’s Option. At Owner’s sole option at or after completion of 95% of Construction Documents, Owner may request CM/GC to propose a Lump Sum Price to replace the GMP for full and Final Completion of the Project. Owner may, in its sole discretion, accept such Lump Sum Price, reject such Lump Sum Price, or enter into negotiations with CM/GC to reach a mutually agreeable Lump Sum Price. The cost of preparation of the Lump Sum Price Proposal may be paid from the CM/GC’s Construction Contingency. Upon agreement as to the Lump Sum Price, the change shall be effected by a Lump Sum Price Change Order using the form provided in Exhibit I attached hereto and incorporated herein by reference. 3.3.6.2 Effect of Lump Sum Price Change Order. The Lump Sum Price shall become the Contract Sum for full and Final Completion of the Project in accordance with the Contract Documents. Unpaid amounts from the GMP budget categories shall be returned to the Owner. Within 10 days of the execution of the Lump Sum Price Change Order, CM/GC shall present for the approval of the Design Professional and Owner a schedule of values for the periodic payment of the remaining contract balance, which approval shall not be unreasonably withheld. 3.3.6.3 Periodic Payments of the Lump Sum Price. In the event the GMP is replaced with a Lump Sum Price to be paid in periodic payments, the cost accounting and payment provisions contained in this agreement shall be superseded and modified to the extent of the following: (a) Periodical Estimates and Receipts.–The CM/GC shall submit to the Design Professional and in accordance with a form to be supplied by the Owner (specimen of which will be supplied upon request) an application (sometimes herein designated "periodical estimate") for each payment, and, if requested by the Owner or Design Professional, receipts or other vouchers showing CM/GC’s payments for materials and labor, including payments to Trade Contractors, Suppliers, and Subcontractors. (b) Initial Breakdown and Periodical Payments.–If payments are made on valuation of Work done, such application shall be submitted at least thirty (30) days before each payment falls due. Before the first application, the CM/GC shall submit to the Design Professional a schedule of values of the various parts of the Work, including quantities, aggregating the total sum of the contract, divided in such manner as to facilitate payments to Trade Contractors, Suppliers, and Subcontractors, on a form to be furnished by the Owner with a complete breakdown of the Lump Sum Price so arranged and so itemized as to meet the approval of the Design Professional and, if requested, supported by such evidence as to its correctness as the Design Professional may direct. The schedule, designated herein the "initial breakdown" (specimen of which will be supplied on request), when approved by the Design Professional, shall be used as a basis for certificates of payment unless it be found to be in error. In applying for payments, the CM/GC shall submit a statement based upon this schedule on the periodical estimate form and, if requested by the Design Professional or Owner, said statement Section 3 – Construction Phase Part 3 – GMP Change Order 47 General Requirements shall be itemized in such form and supported by such evidence as the Design Professional or Owner may direct, showing the CM/GC’s right to the payment claimed on the periodical estimate. (c) Materials stored.–If periodic payments are made on account of materials delivered and suitably stored at the Site but not incorporated in the Work, they shall, if required by the Owner or the Design Professional, be conditional upon submission by the CM/GC of bills of sale or such other procedure as will establish the Owner's title to such material or otherwise adequately protect the Owner's interest. The CM/GC is responsible for the existence, protection, and, if necessary, replacement of materials until issuance of the Final Certificate by the Design Professional. The Owner shall not pay for any materials stored off Site. (d) Processing of Periodical Estimates.–The Contract Compliance Specialist or alternate entity appointed by the Owner will review the Periodical Estimate prepared by the CM/GC and, if he concurs, execute a certificate on the face of the Periodical Estimate as to its accuracy. The Design Professional shall visit the Project Site after the CM/GC and Contract Compliance Specialist have agreed on the Periodical Estimate and conduct such inspections and reviews as are necessary to make a decision as to the accuracy of the Periodical Estimate. If the Contract Compliance Specialist and the CM/GC cannot agree on the appropriateness of the Periodical Estimate in question, the Design Professional shall make a decision. Upon determining the appropriateness of the estimate, the Design Professional shall execute the certificate of Periodical Estimate and forward it to the Owner for payment. 3.3.6.4 Changes to the Lump Sum Price. As otherwise permitted by this Contract, the Lump Sum Price shall be subject to additions and deductions by Change Order. [Remainder of Page Intentionally Left Blank] Section 3 – Construction Phase Part 4 – Changes to the Work 48 General Requirements PART 4 – CHANGES TO THE WORK 3.4.1 Acknowledgement of Existing Physical Conditions. In undertaking the Work under this Contract, the CM/GC acknowledges that he has visited the Site and has taken into consideration all open and apparent conditions that might affect his Work. No Claim based on lack of knowledge of existing conditions shall be allowed unless the existing physical conditions cannot be discovered by a reasonably observant person. Any Claims relating to conditions that are materially different from the Contract Documents that were not open and apparent may be adjusted as provided in this Part. 3.4.2 Owner’s Right to Make Changes. Without invalidating the Contract, the Owner, by Change Order and without notice to the sureties, may authorize or order extra Work or changes by altering, adding to, or deducting from the Work or the Contract Time, the Contract Sum being adjusted accordingly. All Change Orders shall be performed under the conditions of the original Contract, except that any Claim for extension of time caused thereby shall be adjusted at the time of signing of the Change Order. (See Change Order formats in Exhibits G through I attached hereto.) Prior to the issuance of the Proceed Order, the CM/GC and the Owner shall advise each other in writing of their designees authorized to accept and approve changes to the Contract Sum and the limits to each designee's authority. Should any designee or limits of authority change during the time this Contract is in effect, the CM/GC or Owner shall give written notice to the other as provided in Article 1.1.5. There is no legal limitation on the Owner’s right to make changes such as may be, in the Owner’s sole discretion, useful or desirable to the Project. 3.4.3 Changes Forbidden without Consent of Owner. Neither the Design Professional nor the CM/GC shall make any change whatsoever in the Work without an approved Change Order. In the absence of an approved Change Order, the CM/GC shall have no Claim for payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss, expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, injury, damages, or time based upon or resulting from any change. The provisions of this Article do not apply to emergencies as described in Article 1.4.4; provided that any additional payment for such emergency changes shall be negotiated in good faith and agreed upon in writing by the parties if such emergency resulted from circumstances beyond CM/GC’s control. 3.4.4 Form and Execution of Change Orders. 3.4.4.1 The Change Order. The Change Order is the instrument by which adjustments in the Contract Sum and the Contract Time are effected. The Change Order shall be accompanied by a breakdown as set forth in Paragraph 3.4.7.4. The breakdown is for the purpose of enabling the Design Professional and the Owner to make a judgment on the dollar amount of the adjustment in the Contract Sum and is not a part of the Change Order. No condition, term, qualification, limitation, exception, exemption, modification, or proviso, except as set forth in this Part, shall appear in the breakdown. Only such conditions, terms, qualifications, limitations, exceptions, exemptions, modifications, and provisos as are permitted under this Part are valid. The Design Professional shall certify to the dollar amount and description of the adjustments permitted by the Change Order. 3.4.4.2 Execution of Change Orders. Change Orders shall be signed by the CM/GC, ordinarily certified by the Design Professional, and approved by the Owner in accordance with the form of Change Order prescribed by the Owner. No request for payment by the CM/GC for a Change Order shall be due, nor shall any such request appear on an Application for Payment, until the Change Order is executed by the Owner. In the event of emergency (see Article 1.4.4) or significant impact to the Overall Project Schedule, the Owner shall direct the Change Order to proceed upon a Force Account until the cost and time is resolved in the manner set forth in Paragraph 3.4.7.3 below. 3.4.4.3 Disagreement between Design Professional and CM/GC. 3.4.4.3.1 As to GMP and Fees. Should the Design Professional disagree with the CM/GC as to the amount of the adjustment to the Change Order Sum and such disagreement is not resolved between them within seven (7) days, the Owner, if it desires the Change Order Work to proceed, may direct a Change Order for Force Account. Section 3 – Construction Phase Part 4 – Changes to the Work 49 General Requirements 3.4.4.3.2 As to Contract Time. Should the Design Professional disagree with the CM/GC as to the amount of the adjustment to the Contract Time and such disagreement not be resolved between them within seven (7) days, the decision of the Design Professional as to any adjustment in the Contract Time, including any designation by the Design Professional of such time as is eligible for Time Dependent Overhead Costs, shall be final, subject to protest to the Owner of the Design Professional’s decision as set forth in Section 5 Part 2. 3.4.4.3.3 As to Other Disagreements. Should the Design Professional disagree with the CM/GC as to matters other than Contract Sum or Contract Time, the dispute shall be resolved by the Owner as set forth in Section 5, Part 2. 3.4.4.4 Change Order Conditions. All Change Orders are issued under the following conditions and shall contain the following language as appropriate: 3.4.4.4.1 For Lump Sum Change Order: The payment and extension of time (if any) provided by this Change Order constitutes compensation in full to the CM/GC and its Subcontractors and Suppliers for all costs and markups directly and indirectly attributable to the Change Order herein, for all delays related thereto and for performance of changes within the time stated. 3.4.4.4.2 For Force Account or Indefinite Amount Change Order: The payment and extension of time (if any) provided by this Change Order constitutes interim compensation to the CM/GC and its Subcontractors and Suppliers for Actual Costs and markups directly and indirectly attributable to the Change Order herein, for all delays related thereto and for performance of changes within the time stated. 3.4.4.4.3 For All Change Orders: Any changes or reservations by the CM/GC to the standard representations and releases contained in a Change Order (examples of which are included in Exhibits G through I attached hereto), or refusal of the CM/GC to perform an executed Change Order, shall be a material breach of this Contract that may be sufficient cause to issue a declaration of default. 3.4.5 All Cost and Time Impacts to be Included. Each Change Order shall include all time and monetary impacts of the change. Failure to include a change in Contract Time or in Contract Sum in Change Orders shall be considered a zero price/zero time Change Order and shall waive any change in Contract Time and Contract Sum. Commencement of Work upon a Change Order is conclusive proof that the CM/GC accepts the Change Order. 3.4.6 Changes in Contract Time. All Change Orders must state that the Contract Time and the Final Completion Date either are not changed or are increased or decreased by a specific number of Days. The CM/GC must provide written justification for the extension to the Design Professional and to the Owner. The written justification must demonstrate an anticipated actual increase in the time required to complete the Work beyond that allowed by the Contract as adjusted by prior Change Orders to the Contract. No extension to the Contract Time shall be allowed unless the additional or changed Work increases the length of the critical path beyond the Final Completion Date. If approved, the increase in time required to complete the Work shall be added to the Contract Time. The Owner may decrease, by Change Order, the Contract Time when an Owner-requested deletion from the Work results in a decrease in the actual time required to complete the Work as demonstrable on the critical path of the Construction Progress Schedule. Eligibility and processing requirements for Time Dependent Overhead Costs for compensable delay is addressed in Article 3.4.8, 3.5.8 and 3.5.10. 3.4.7 Determining the Cost to Owner for Changes. The cost to the Owner of any change shall be determined in one or more of the following ways: 3.4.7.1 Lump Sum. The Change Order cost is determined by mutual agreement as a lump sum amount changing the Contract Sum allowed for completion of the Work. The Change Order shall be substantiated by documentation itemizing the estimated quantities and costs of all labor, materials and equipment required as well as any mark-up used. The price change shall include the cost percent allowed for the CM/GC's overhead and profit and, if eligible, Time Dependent Overhead Costs. 3.4.7.2 Unit Price Work. The Change Order cost is calculated by using Unit Prices and calculating the number of net units of Work in each part of the Work that is changed, either as the Work progresses or before Work on the change commences, and by then multiplying the calculated number of units by the applicable Unit Price set forth in the Contract, or by a mutually agreed Unit Price if none was provided in the Contract. No additional percentage markup for overhead or profit shall be added to the Unit Prices as this markup is included within the Unit Prices. Time Dependent Overhead Costs will be added if eligible. Section 3 – Construction Phase Part 4 – Changes to the Work 50 General Requirements 3.4.7.3 Force Account. The Change Order cost is accomplished by Force Account in the event the CM/GC and Design Professional cannot agree on the cost of the Change Order or the cost cannot be reasonably determined prior to beginning the Work. A form of the Change order for Force Account or Indeterminate Units is attached hereto as Exhibit I and incorporated herein by reference. 3.4.7.3.1 A Force Account is the establishment by the Owner’s Incumbrance Record of a maximum dollar amount (Stipulated Maximum Sum) beyond which no changed Work may be undertaken, subject to amendment, for funding all costs of a Change Order. As the Work authorized by the Change Order progresses, the CM/GC must provide an accounting of Actual Costs incurred in accomplishing the Work. The accounting must include an annotated copy of the Overall Project Schedule to accurately show the status of the Work at the time the Change Order utilizing a Force Account is issued, to show the start and finish of the changed Work, and to show the status of the Work when the changed Work is completed. 3.4.7.3.2 Actual Costs incurred in relation to Change Order using Force Account, except as otherwise agreed to in writing by the Owner, shall not exceed those prevailing for the trades or crafts, materials, and equipment in the locality of the Project, may include only those items listed as allowable in Article 3.4.9, and shall not include any of the costs listed as not allowable in Article 3.4.10. The Owner shall be permitted, on a daily basis, to verify such records and may require such additional records as are necessary to determine the cost of the change to the Work. 3.4.7.3.3 The Owner shall prescribe the dollar limit for a Force Account in writing by authorizing a Stipulated Maximum Sum of money to be committed toward execution of the said change, and the CM/GC shall have no authority to perform any change that will cost the Owner in excess of the Stipulated Maximum Sum. The Stipulated Maximum Sum shall be based on the estimated cost of the Work and the CM/GC's allowance for overhead and profit as set forth in 3.4.8 below, including any time extension, an increase in the amount for Time Dependent Overhead Costs (if eligible), and a reasonable contingency. It shall be the sole responsibility of the CM/GC to apply in writing to the Owner, NOT to the Design Professional, for an increase in the Stipulated Maximum Sum if the total value of the Work is approaching and might exceed the Stipulated Maximum Sum. 3.4.7.3.4 Within fourteen (14) days of the conclusion of such Work ordered by Force Account, the CM/GC and the Owner shall arrive at the total lump sum cost for the Change Order. Such lump sum cost shall be incorporated into and finalize the Change Order, and shall reference and close the Incumbrance Record establishing the Force Account. 3.4.7.4 Breakdown of Expenditures. The CM/GC shall review any Owner requested or directed change and shall respond in writing within fourteen (14) calendar days after receipt of the proposed change (or such other reasonable time as the Owner may direct), stating the effect of the proposed change upon his Work, including any increase or decrease in the Contract Time and Sum. The CM/GC shall furnish to the Owner and the Design Professional an itemized breakdown of the quantities and prices and expenditures for labor and materials used in computing the proposed change in Contract Sum, in the form prescribed by the Owner, and the breakdown shall be accompanied by the following declaration: I do solemnly swear to the best of my knowledge, information, and belief, that the costs shown hereinabove do not exceed current costs for like services or materials in the locality of the Project and, in the case of a Force Account, the costs represented do not exceed the Actual Costs to the CM/GC; and that the quantities shown do not exceed actual requirements. The CM/GC shall obtain and furnish as back up to the CM/GC’s breakdown a separate breakdown for each Subcontractor's charges prepared by each Subcontractor on the letterhead of the Subcontractor and properly signed by the Subcontractor. The Owner shall review the CM/GC’s proposal and respond to the CM/GC within fourteen (14) days of receipt. Section 3 – Construction Phase Part 4 – Changes to the Work 51 General Requirements 3.4.8 Overhead and Profit for Change Orders. 3.4.8.1 Indirect Overhead and Profit. The percentage for indirect (back office) overhead and profit to be used in calculating changes in the Work (not including changes covered by Unit Prices) shall be 4% of the net cost of the Work. 3.4.8.2 The above percentages shall be applied to the net Allowable Costs, if any, as limited and defined in this Part. If the net difference between Allowable Costs and credits to the Owner results in a decrease in the Owner’s cost, the amount of credit allowed the Owner shall be the net decrease, including the 4.0% allowance for profit and overhead. 3.4.8.3 CM/GC’s Overhead Costs and Expenses. Time Dependent Overhead Costs shall be added, if eligible, based on the number of days added multiplied by the Time Dependent Overhead Cost rate. The Time Dependent Overhead Cost rate shall not include any of the items that may be reimbursed as “Allowable Costs” under Section 3.4.9. 3.4.9 Allowable Costs for Changes in the Work. Allowable cost for changes to the Work are limited to the following: 3.4.9.1 The cost of all Change Order Work performed by Trade Contractors or Suppliers for Work performed or materials procured pursuant to Trade Contracts entered into in accordance with this Contract and subject to the limitations stated in the Contract Documents or other direct actual costs incurred by contractor but excluding indirect (back office) overhead and those items list on Exhibit R. 3.4.9.2 RESERVED 3.4.9.3 Actual Costs for equipment incorporated in the changed Work or equipment used directly in accomplishing the Work. If the equipment is rented expressly for accomplishing the change in the Work, that cost shall be the rental rate according to the terms of the rental agreement, which the Owner shall have the right to approve, or shall be set at rates established in the manner set forth in Article 3.2.13.5. The decision of the Owner shall be final, binding, and conclusive on all parties. 3.4.9.4 Costs of increases in premiums for the CM/GC’s Payment Bond and Performance Bond, Insurance Premiums and for Subcontractor Default Insurance, to the extent that such increased costs are a result of coverage adjustments for changes in Work approved in writing by the Owner. Prior to requesting payment for the Change Order Work, the CM/GC shall provide proof of its notification to the Surety of the change in the Work and of the Surety's agreement to include such change in its coverage. The cost of the increase in premium shall be an allowable cost but shall not be marked up. In no event shall a cost in excess of two (2) percent of the cost of the change be allowable. CM/GC shall promptly furnish Owner with certificates demonstrating that bond/insurance coverage has been increased as indicated by the allocation for increased premiums. CM/GC’s failure to cure breach of the obligation in the preceding sentence, following reasonable notice from the Owner, shall be deemed a material breach of this Agreement. 3.4.9.5 Sales, consumer, use, and other applicable taxes that are legally in effect at the time the Change Order are approved. 3.4.9.6 Any other costs directly attributable to the change in the Work, such as professional engineering costs, except those set forth in Articles 3.4.8 and 3.4.10; provided that such costs must be reviewed for legitimacy and approved prior to becoming due. 3.4.9.7 For Change Order Work directed by the Owner, where the headquarters of the Subcontractor actually performing the Work is more than 100 miles from the Project Site, the Subcontractor may include in the cost of the Change Order a stipend of fifty (50) dollars per day for each worker performing Work at the Site if that worker is receiving a per diem under present company policy. Such stipend cost shall not exceed the number of workers and number of days determined by Design Professional’s decision to be attributable to the new Work so ordered, so long as the number of workers and number of days attributable to any deleted Work is deducted therefrom. No allowance for overhead or profit as set forth in Article 3.4.8 may be added to the Change Order cost on account of the stipend amount, and the full amount of the stipend must be actually paid to the eligible worker or it shall be forfeited by the CM/GC and Subcontractor(s). 3.4.9.8 The Owner may require and CM/GC shall provide documentation evidencing the amount of the Allowable Costs, such documentation may include any or all of the following to be provided by the CM/GC to support the Allowable Costs: Section 3 – Construction Phase Part 4 – Changes to the Work 52 General Requirements (a) certified payroll records showing the name, classification, date, daily hours, total hours, rate, and extension for each laborer, foreman, supervisor or other worker; (b) equipment type & model, dates, daily hours, total hours, rental rate or other specified rate, and extension for each unit of equipment; (c) invoices for materials showing quantities, prices, and extensions; (d) daily records of waste materials removed from the Site and/or fill materials imported to the Site; (e) certified measurements of over excavations, piling installed and similar work; (f) transportation records for materials, including prices, loads, and extensions; and/or (g) any other document that may be required to demonstrate a cost item to the extent that it is not demonstrated by the documents in the preceding list. 3.4.10 Costs Not Allowable for Changes in the Work. Costs not allowable under any circumstances are as follows: 3.4.10.1 Costs due to the negligence of the CM/GC, Subcontractors, or other persons for whom the CM/GC is responsible, including but not limited to costs of delay, costs for the correction of Non-Compliant Work, costs for improper disposal of material, costs for equipment wrongly supplied, costs for the CM/GC’s delay in performing the Work, or costs for delay in ordering and obtaining normally available materials or equipment. 3.4.10.2 Home office expenses, including payroll costs for the CM/GC's or any Subcontractors’ officers, executives, administrators, accountants, counsel, engineers, timekeepers, estimators, clerks, and other similar administrative personnel employed by the CM/GC or any Subcontractor, whether at the Site or in the CM/GC's or a Subcontractor’s principal or branch office for general administration of the Work (including those referred to as “Eichleay costs”), unless such items are listed in Exhibit R. These costs are deemed indirect overhead included in the percentage markup allowable in Article 3.4.8.1 above. 3.4.10.3 Home and branch office expenses that include, but are not limited to, expenses of CM/GC's home and branch offices, CM/GC's capital expenses, interest on CM/GC's capital used for the Work, charges for delinquent payments, small tools, incidental costs, rent, utilities, telephone and office equipment, and other general overhead expenses of the home and branch office (including those referred to as “Eichleay costs”). 3.4.10.4 Where Work is deleted from the Contract (by Bulletin, Change Order, or otherwise) prior to commencement of that Work without substitution of other similar Work, one hundred (100) percent of the Contract Sum attributable to that Work shall be deducted from the Contract Sum. However, in the event that material Submittals have been approved and orders placed for said materials, a lesser amount as justified by proper documentation and approved by the Owner shall be deducted from the Contract Sum. The credit, if any, to the Owner for reduced premiums on payment bonds and performance bonds shall be in all cases one hundred (100) percent of the credit. If the deductive Change Order affects the critical path or the schedule and it causes an overall reduction in the Contract Time, jobsite time dependent expenses shall be included in the deduction at the rate established in the Contract for Time Dependent Overhead Costs. 3.4.10.5 Wages of a foreman, if the foreman is concurrently supervising other Work at the Site. 3.4.10.6 Premiums for bonds required of Subcontractors by the CM/GC. 3.4.10.7 Costs reimbursed as CM/GC Overhead Costs and Expenses or Time Dependent Overhead. 3.4.11 Change Order Formats. Formats for Lump Sum Change Orders and for Change Orders based upon either a force account are attached hereto as Exhibit I and incorporated herein by reference. Section 3 – Construction Phase Part 4 – Changes to the Work 53 General Requirements 3.4.12 Changes due to Subsurface or Other Unforeseen Conditions. 3.4.12.1 Subsurface Conditions. Unless the Owner provides geotechnical testing that shows specific quantities and units of rock or unsuitable soils, the CM/GC shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. 3.4.12.2 Other Unforeseen Conditions. If unknown physical conditions are encountered at the Site that differ materially from those indicated in the Contract Documents, then the CM/GC shall give notice to the Design Professional promptly before conditions are further disturbed, but in no event later than two (2) Business Days after the first observance of the conditions. The Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the CM/GC's cost or time required for performance of any part of the Work, the Design Professional may recommend an adjustment by Change Order to the Contract Sum or Contract Time, or both. If the Design Professional determines that the conditions at the Site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Design Professional shall so notify the Owner and the CM/GC in writing, stating the reasons. Protest by either party of the Design Professional’s decision shall be in accordance with Section 5, Part 2. 3.4.13 Compensable Rock. CAUTION: No rock for which extra compensation is expected to be received shall be removed except pursuant to and in conformity with a written authorization or order of the Owner. Unless otherwise provided in the Bid Documents, no removal of rock as defined herein shall be included in the Bid. Shale, rottenstone, or stratified rock that can be loosened with a pick or removed by a hydraulic excavator equivalent to a Caterpillar Model 215, a single engine pan (Caterpillar 621 or equivalent) that is pushed by a crawler tractor (Caterpillar D-8K or equivalent), or similar equipment shall not be classified as rock. 3.4.13.1 Definitions of Compensable Rock. Rock, for the purposes of pricing its removal, is defined as follows: 3.4.13.1.1 Rippable Rock. Rippable rock is defined as any material that can be ripped with a single- tooth hydraulic ripper drawn by a crawler tractor having a minimum draw bar pull rated at not less than 56,000 pounds (Caterpillar D-8K or equivalent) and occupies an original volume of at least one (1) cubic yard. 3.4.13.1.2 Mass Rock. Mass rock is defined as any material that cannot be ripped with a single- tooth hydraulic ripper drawn by a crawler tractor having a minimum draw bar pull rated at not less than 56,000 pounds (Caterpillar D-8K or equivalent) and occupies an original volume of at least one (1) cubic yard. 3.4.13.1.3 Trench Rock. Trench rock is defined as any material that must be removed from a trench that cannot be excavated with a hydraulic excavator having a bucket curling force rated at not less than 18,300 pounds (Caterpillar Model 215 or equivalent) and occupies an original volume of at least one- half cubic yard. 3.4.13.1.4 Caisson Rock. Caisson Rock is defined as material that must be removed from a shaft which cannot be penetrated faster than two (2) feet per hour (fifteen (15) minute minimum) using a rock auger with bullet-shaped hardened steel teeth (Kennametal bits or equivalent), and the drilling equipment should have the capacity to produce a continuous torque of at least 1,000,000 inch pounds and a downward force of at least 50,000 pounds (a Hughes LLDH in good working condition) for piers up to seventy two (72) inches in diameter. Use of equipment with greater torque or downward force modifies the definition of refusal to be the point at which the equipment cannot penetrate faster than two (2) feet per hour (fifteen (15) minute minimum). In rare cases, refusal may occur on a rock seam or boulder above the general massive rock surface. The compensation for Caisson Rock should include only material that cannot be penetrated by the rock auger at the specified rate. 3.4.13.2 Pricing for Compensable Rock. All compensable rock shall be priced by Unit Prices upon volume prior to removal and shall be calculated by survey and engineering calculations. No rock shall be priced by truckload, bucket load, or other similar pricing methods. Unit Prices shall be determined prior to removal, either in the Contract Documents or by Change Order. Unit Prices shall be inclusive of all profit and overhead, except for Time Dependent Overhead Costs. Unit Prices shall include the following: (a) Excavation and removal of all rubble; (b) Addition and removal of overburden for blasting; (c) Excavation of all blast rubble; Section 3 – Construction Phase Part 4 – Changes to the Work 54 General Requirements (d) Replacement of suitable soils in areas of overblasting or over removal; and (e) All costs of labor, equipment, supplies, blasting materials, safety requirements, drayage, haulage, and disposal, including offsite disposal costs. The CM/GC expressly agrees that the CM/GC’s sole monetary remedy for extensions of Contract Time due to removal of rock that materially affects the completion of the Work by lengthening the critical path of the Overall Project Schedule shall remain limited by the amount for Time Dependent Overhead Costs (as amended) in the Contract. Extensions of Time and compensation for Time Dependent Overhead Costs for compensable rock are to be processed as a Change Order pursuant to Article 3.4.6. 3.4.14 Subcontractor Claims for Extended Overhead Costs. The daily rate for Time Dependent Overhead Costs established in the Contract is intended to compensate the CM/GC for the additional jobsite overhead costs resulting from any compensable time extension. The CM/GC, in its sole discretion, shall be responsible for allocating the Time Dependent Overhead Costs among its affected Subcontractors and itself. Owner’s payment of the Time Dependent Overhead Costs to the CM/GC, and CM/GC’s allocation thereof, shall constitute the only monetary compensation the CM/GC and Subcontractors shall be entitled to receive as reimbursement for Time Dependent Overhead Costs incurred as a result of any compensable delay to the Project. 3.4.15 Release of Claims. The execution by the CM/GC of a Change Order shall be and operate as a release to the Owner of all claims by the CM/GC and of all liability owing to the CM/GC for all things done or furnished in connection with the Work described in the Change Order. The execution of any Change Order by the Owner shall not be an acceptance of any Work or materials not in accordance with the Contract Documents, nor shall it relieve the CM/GC of responsibility for faulty materials or workmanship or operate to release the CM/GC or his surety from any obligation arising under the Contract or the Performance Bond or Payment Bond. 3.4.16 Sole Source Designation for Change Order Work. 3.4.16.1 Definition of Sole Source. As used in this Article 3.4.16, “Sole Source” means a Trade Contractor or Supplier or Subcontractor specified by name in a Bulletin as the exclusive source from which conforming goods or services may be obtained. Designation of goods or services by reference to a named source accompanied by the qualification “or equal” or similar language is not a designation of a Sole Source as that term is defined herein. 3.4.16.2 Limitations. This Article 3.4.16 applies only to Bulletins referenced in a proposed Change Order that designate a Sole Source that was not designated in the Bidding Documents. Except as stated in this Article, the CM/GC’s inability to obtain payment and performance bonds from Sole Source Subcontractors or warranties from Subcontractors, as required under the Bidding Documents for this Contract, shall not otherwise excuse the CM/GC from its bonding and warranty obligations under this Contract. 3.4.16.3 Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to CM/GC for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which CM/GC is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, CM/GC shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to CM/GC the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, CM/GC shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from CM/GC for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of CM/GC's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the CM/GC a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and CM/GC cannot acquire the full contractually required warranties from the Sole Source, CM/GC shall be held only to the warranty terms and schedule obtainable from the Sole Source; provided that such warranty terms and schedule must be approved in writing by Owner prior to being accepted. 3.4.16.4 No Excuse Without Notice. If CM/GC accepts a proposed Change Order adding a Bulletin to this Contract that designates a Sole Source without invoking this Article and putting the Owner on notice, CM/GC shall not be excused from its obligations with respect to the described Work by reason of the refusal of a designated Sole Source to provide warranties as required under this Contract. 3.4.17 Effect of Change Order. A Change Order takes precedence over any inconsistent terms of the Contract Documents preexistent to the Change Order. Section 3 – Construction Phase Part 5 – Time 55 General Requirements PART 5 – TIME. 3.5.1 Time is of the Essence. Time is of the essence of this Contract and all obligations hereunder. Unless otherwise approved, the CM/GC shall perform its obligations under this Contract as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. 3.5.2 Competent Management of Time. The CM/GC has represented to the Owner, in order to be awarded this contract, that the CM/GC is experienced in managing construction in accordance with contract requirements and in a timely manner and that the CM/GC has included in his proposal sufficient sums to carefully and competently manage this Project for completion by the Material Completion Date. 3.5.3 Contract Time. 3.5.3.1 Fair and Reasonable. The CM/GC has carefully examined and analyzed the Site, the Contract Documents, and all known factors related to his ability to complete this Project by the Material Completion Date. By submitting his bid for this Project, the CM/GC agrees that the Material Completion Date is fair and reasonable. 3.5.3.2 Delays. The parties recognize there may be delays to perform Change Order Work in the event that conditions encountered at the Site are different from those indicated in the Contract Documents, or to perform Change Order Work to correct errors in the plans and Specifications. Execution of any change must be authorized. In such event, there may be an adjustment in the GMP, as provided in the Contract Documents for changes in the Work and agreed upon in a Change Order executed by Owner and CM/GC. The parties agree that such delays are not a ground for claiming extraordinary remunerations, except as set forth in this Contract in Article 3.5.8 below. 3.5.3.3 Termination and Automatic Renewal. The term of this Contract is expected to be longer than one calendar year. Therefore, the parties agree that this Contract, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the Owner on December 31 each calendar year of the term, and further, that this Contract shall automatically renew on January 1 of each subsequent calendar year, without lapse, absent the City of Milton City Council taking positive action to terminate this Contract in a public meeting and such action being entered upon the Official Minutes of the City of Milton City Council. This Agreement shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise un-obligated funds available to satisfy the Owner’s obligations under this Agreement. Title to any supplies, materials, equipment, or other personal property shall remain in CM/GC until fully paid for by the Owner. If such event described above occurs, it will be treated as a Termination for Convenience as described herein. 3.5.4 Commencement, Prosecution, and Completion. 3.5.4.1 Commencement, Prosecution, and Completion of Work. The CM/GC will be required (a) to commence the Work under this Contract on the applicable Proceed Order Date, (b) to prosecute the Work with faithfulness and energy (c) to install the various parts of the Work with equal steps shown on the Overall Project Schedule and at the same rate (or better) shown on the Overall Project Schedule and (d) to complete the Work within the Contract Time, as amended. Commencement of the Work shall mean actual physical work on the Site. Unless otherwise agreed, and subject to Change Orders, Material Completion of the Project must be achieved on or before the date established as the Material Completion Date under the Overall Project Schedule, and Final Completion must be achieved on or before the thirtieth (30th) day following the Material Completion Date provided in the Overall Project Schedule. 3.5.4.2 CM/GC’s Acceleration for failure to meet Schedule Requirements. In the event the CM/GC shall be delinquent in respect to achieving the Milestone dates established in the Overall Project Schedule, CM/GC shall, within seven (7) days after receipt of written demand of the Owner, cause its employees and Subcontractors to perform Work at an accelerated pace with hours and days in addition to the normal working hours and working days, as necessary to promptly bring the Work into compliance with the Overall Project Schedule. Fulfillment of this requirement as to overtime work shall not relieve the CM/GC from liability for breach of the covenant as to time. For account of recovery of lost time required of the CM/GC for its breach of covenant as to time, the CM/GC shall be entitled to no Claim against the Owner for any payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, injury or damages. 3.5.5 Construction Progress Schedule and Overall Project Schedule. Section 3 – Construction Phase Part 5 – Time 56 General Requirements 3.5.5.1 Submittal, Approval, and Updates. Not later than sixty (60) days after the Effective Date of the Contract, but prior to the Proceed Order, the CM/GC must submit a Construction Progress Schedule in accordance with Section 2.1.5. 3.5.5.2 Approval of Overall Project Schedule. Upon recommendation by the Design Professional and approval by the Owner, the Construction Progress Schedule shall be combined with the design schedule agreed upon by Owner and Design Professional and shall collectively become the Overall Project Schedule part of this Contract. The Overall Project Schedule shall govern the schedule of activities of the CM/GC under this Contract. 3.5.5.3 Monthly Updates. The CM/GC must provide the Design Professional and the Owner with monthly updates of the Overall Project Schedule indicating completed activities and any changes in sequencing or activity durations. Such reports shall be provided in the form indicated in Exhibit D attached hereto and incorporated herein by reference. (See also Articles 2.1.2 and 2.1.5). 3.5.6 Completion Date. The Work under this Contract shall be completed by midnight on the thirtieth (30th) calendar day following the date required in the Contract as the Material Completion Date unless extended by approved requests for extension of time. 3.5.7 General Rule – No Damages for Delay, Extension of Time Sole Remedy. CM/GC shall not be entitled to any damages for delay or to any other reimbursement as a Cost of the Work, or to an increase in the Contract Sum, or to payment, damages, monies, or compensation of any kind from Owner for direct, indirect, impact, or disruption damages (including but not limited to costs of acceleration of Work or any Phase thereof) arising because of delay or other hindrance of any kind whatsoever; except as specifically permitted by Article 3.5.8. Extension of the time is the CM/GC's sole remedy for any delays not the fault of the CM/GC. 3.5.8 Exception to General Rule – Compensable Delay. The extension of the Contract Time and the adjustment to the Contract Sum specifically provided for in this Article shall be CM/GC’s sole and exclusive remedy for delays, hindrances, interferences or resulting inefficiencies and re-sequencing. 3.5.8.1 Compensable Delay – Unavoidable Delay. 3.5.8.1.1 Delay by Owner or Design Professional. If the CM/GC is delayed in the progress of the Work between the Proceed Order Date and the Final Completion Date, as amended, by an act or neglect of the Owner, Owner's employees, Design Professional or Separate Contractors employed by the Owner, or by other causes beyond the CM/GC's control which the Design Professional determines are the fault of the Owner or the Design Professional and may justify delay, then the Contract Time will be extended by Change Order for such reasonable time as the Design Professional and the Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the CM/GC has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the CM/GC, the CM/GC's agents or employees did not materially contribute to such causes; and (iv) the CM/GC shall have notified Owner of the cause or causes of such delay within fourteen (14) days from the date on which the CM/GC first becomes aware of such delay. 3.5.8.1.2 Delay in Responses to Submittals. Any Claim by CM/GC for a change in the Material and/or Final Completion Date due to delay of responses to Submittals that materially affect the completion of the Work by lengthening the critical path of the Construction Progress Schedule may be made during the time while the failure of the Design Professional to act or perform continues, or within seven (7) days after such failure to act or perform has been cured. If no Submittal Schedule or agreement, as required in Paragraph 2.2.5.1, is agreed upon, then a Claim for delay will be allowed only after the Design Professional has been allowed fourteen (14) days to take action. Any Claim for extension of time must be reasonable and take into consideration the nature of the Submittal. 3.5.8.1.3 To be Processed as a Part of the Change Order Process. Extensions of time and compensation for Time Dependent Overhead Costs for Unavoidable Delay are to be processed as a Change Order pursuant to Article 3.4.6. 3.5.8.2 Compensable Delay – Certain Change Orders. 3.5.8.2.1 Owner-Requested Changes. If the Owner requests changes in the Contract Documents that would materially affect the completion of the Work by lengthening the critical path of the Overall Project Schedule, the Design Professional shall determine the appropriate number of days and, upon approval of such extension by Owner and CM/GC, thereby extend the Material Completion Date by Change Order. Section 3 – Construction Phase Part 5 – Time 57 General Requirements The CM/GC expressly agrees that the CM/GC’s sole monetary remedy for such extensions of Contract Time related to Owner-requested Change Orders shall remain limited by the amount for Time Dependent Overhead Costs (as amended) in the Contract. 3.5.8.2.2 Other Change Orders. For Change Orders involving the following situations that would materially affect the completion of the Work by lengthening the critical path of the Construction Progress Schedule, the Design Professional shall determine the appropriate number of days and, upon approval of such extension by Owner and CM/GC, thereby extend the Material Completion Date. The CM/GC expressly agrees that the CM/GC’s sole monetary remedy for such extensions of Contract Time shall remain limited by the amount for Time Dependent Overhead Costs (as amended) in the Contract. (a) Changes due to Subsurface or Other Unforeseen Conditions, Article 3.4.12. (b) Changes for Compensable Rock, Article 3.4.13. (c) Changes deleting Work, Paragraph 3.4.10.4 3.5.8.2.3 To be Processed as a Part of the Change Order Process. Extensions of Time and compensation for Time Dependent Overhead Costs for all Change Orders are to be processed as a part of each Change Order pursuant to Article 3.4.6. 3.5.8.3 Compensable Delay – Force Majeure. If, between the Proceed Order Date and the Final Completion Date, as amended, the CM/GC is unable to perform or is delayed in the performance of any of the terms and provisions of this Contract, that materially affects the completion of the Work by lengthening the critical path of the Overall Project Schedule, as a result of (i) any cause beyond CM/GC’s reasonable control (other than the causes specifically addressed elsewhere in 3.5.8, including Abnormal Weather); (ii) any change in applicable governmental rules or regulations rendering performance of any provision of this Contract legally impermissible; (iii) any governmental preemption of materials in connection with a national emergency declared by the President of the United States; (iv) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, invasion, acts of terror or terrorism or other civil disorder affecting performance of the Work; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CM/GC, that could not be reasonably anticipated, or (vi) any earthquake, fire, explosion, flood, or unusual and extreme weather conditions constituting Acts of God, then, and in any such event, such inability or delay shall be excused, and the time for completing the affected portions of the Project (and the entire Project, if applicable) shall be extended for such reasonable period of time as the delay has affected the critical path of the performance of the Work hereunder, GM/CG shall be compensated (by additional Time Dependent Overhead Costs based on the per day rate provided for herein) for additional costs related thereto for each day of such delay in excess of 10 days and all other obligations shall remain intact. 3.5.8.3.1 Mitigation of Delay. CM/GC shall take all reasonable actions to minimize the delay caused by any of the above factors, and shall notify Owner in writing with a copy to the Design Professional of any event allowing for excuse or delay not later than seven (7) days after the CM/GC first becomes aware of the event, or should have become aware, of the event; otherwise CM/GC will be deemed to have waived the excuse or delay. 3.5.8.3.2 To be Processed as a Part of the Change Order Process. Extensions of Time and increased costs are to be processed as a Change Order pursuant to Article 3.4.6; and compensation for Time Dependent Overhead Costs shall be provided for Force Majeure to the extent such delay exceeds 10 days. 3.5.8.4 Compensable Delay – Abnormal Weather. Extensions of time and additional costs related thereto (including, additional Time Dependent Overhead Costs costs based on the per day rate provided for herein) will be granted for abnormal inclement weather conditions that delay the critical path of the progress of the Work, but only during the 6-month time frame between August 1, 2019 and January 31, 2020. (This time frame is when the Work is expected to be exterior in nature, and is calculated based on the assumption the GMP Change Order wil be fully executed by July 8, 2019 – the time frame shall be adjusted based on any change in the execution date.). 3.5.8.4.1 Abnormal weather delay is defined as a weather impact to the critical path or as work days lost due to weather conditions in excess of the total Anticipated Weather Delay Days for the relevant 6-month time frame. The total Anticipated Weather Delay Days for the 6-month time frame is 16 days... A Weather Delay Day is any work day or partial work day for which work cannot be performed due to weather or resulting from the lingering effects of prior weather. CM/GC shall be entitled to an Extension of Time and Time Dependent Overhead Costs to the extent Weather Delay Days experienced over the 6-month time frame exceed the Anticipated Weather Delay Days for the timeframe. Section 3 – Construction Phase Part 5 – Time 58 General Requirements 3.5.8.4.2 The parties shall regularly discuss weather delay events as they occur and use good faith efforts to resolve, as soon as possible any informal disagreement about whether there has been an event giving rise to a weather impact to the critical path or as work days lost due to weather conditions. Not later than ten (10) days after the first day of any event giving rise to a weather impact to the critical path or as work days lost due to weather conditions, and not later than ten (10) days following the conclusion of such event the CM/GC shall notifythe Design Professional with a copy to the Owner. By not later than fifteen (15) days from the receipt of the Claim, the Design Professional shall render a decision concerning the crediting of the weather delay event and shall report his decision to both the CM/GC and the Owner. Provided however, notification requirements for Abnormal Weather may be satisfied through an agenda topic at regularly scheduled Owner CM/GC project meeting and reflected in the meeting minutes created therefrom, which shall result in a monthly reconcillation. 3.5.8.4.3 Extensions of Time are to be processed as a Change Order pursuant to Article 3.4.6; compensation for Time Dependent Overhead Costs shall be payable only from the CM/GC’s Construction Contingency. 3.5.8.4.4 If, in the opinion of the Design Professional, site conditions would permit work to continue on the site on a aparticular date then no extension of time or compensation shall be granted for that date under this section. CM/GC shall take all reasonable actions to minimize the delay caused by abnormal weather conditions. 3.5.8.5 Protest. The Design Professional’s decision as to abnormal weather delay shall be subject to protest by either the CM/GC or the Owner as set forth in Section 5, Part 2. 3.5.9 Non-Accommodated Delay. CM/GC understands, acknowledges and agrees that delays occasioned by the events and occurrences set forth below are not Accommodated Delays and do not constitute reason for extending the Date for Material Completion or Date for Final Completion. It is CM/GC's responsibility to make adequate provision for the following in scheduling the Work: 3.5.9.1 Normal Weather Conditions. Work days lost within the Anticipated Weather Delay Days thresholds listed above. 3.5.9.2 Delay in Delivery of Materials or Equipment. Delay in delivery of materials or equipment for any cause other than those specified in Paragraph 3.5.8.3. No claim will be approved if materials or equipment are delayed due to CM/GC's tardy procurement or expediting. 3.5.9.3 All Other Delay. All delay not covered in Article 3.5.8. 3.5.10 Submission of Claims for Compensable Delay, Extending the Material Completion or Final Completion Date. 3.5.10.1 Time for Submission. Except as specified for weather claims or as specified below, any claim by CM/GC for a change in the Contract Time or the Material Completion or Final Completion Date shall be made within fourteen (14) days of the day on which the CM/GC becomes aware of the event on which the claim is based or, if the Contract Documents specify a shorter or longer period with respect to such event, within the period specified by the Contract Documents. 3.5.10.2 Delay Claim Must Be In Writing. Any claim to extend the Contract Time and Material Completion or Final Completion Date must be in writing, must set forth in detail the basis for the claim and the number of days of delay claimed, must be correlated with the approved Overall Project Schedule, must be executed by the CM/GC and delivered to the Design Professional and the Owner, and must be reviewed and an appropriate time assessed by the Design Professional. 3.5.10.3 When Delay Claim Deemed Waived. Any claim to extend the Contract Time and Material Completion or Final Completion Date not made in writing to Owner within the above time periods shall be deemed waived and shall not thereafter be valid. In the case of a continuing delay as a result of a single event, only one (1) claim submission is necessary. Section 3 – Construction Phase Part 5 – Time 59 General Requirements 3.5.10.4 Design Professional to Decide. The Contract Time and the Material Completion and Final Completion Date may be extended for such reasonable time as the Design Professional may decide, and the Overall Project Schedule shall then be updated via a properly executed Change Order. 3.5.10.5 Payment for Extensions of Contract Time. The CM/GC expressly agrees that the CM/GC’s sole monetary remedy for Compensable Delay shall remain limited by the amount for Time Dependent Overhead Costs (as amended) in the Contract. 3.5.11 Recovery of Schedule Delays. 3.5.11.1 Recovery of Schedule Delays. If the Design Professional determines that the Project is two (2) weeks or more behind schedule, per the approved Overall Project Schedule, the Design Professional shall so notify the CM/GC in writing. Within seven (7) days of the date of the Design Professional's notice, the CM/GC shall deliver to the Design Professional and Owner a written plan explaining how the CM/GC intends to bring the Project back on schedule. The CM/GC's plan must provide sufficient detail to allow the Design Professional and Owner to determine the proposal's feasibility. 3.5.11.2 Recovery of Schedule Delays During Last Sixty (60) Days of Contract Time. At any time during the last sixty (60) days of the Contract Time that the Design Professional finds that the CM/GC is behind schedule per the Contract Time, as amended, the Design Professional shall notify the CM/GC in writing. Within seven (7) days of the date of the Design Professional's notice, the CM/GC shall prepare and deliver to the Design Professional and Owner a written plan explaining how the CM/GC intends to bring the Project back on schedule. The CM/GC's plan must provide sufficient detail to allow the Design Professional and Owner to determine the proposal's feasibility. Should the Design Professional deem the plan of action inadequate, the CM/GC shall take additional steps to make adjustments as necessary to its plan of action until it meets with the Design Professional approval. 3.5.11.3 Payment of Costs of Recovery of Schedule Delays. Costs attributable to recovery of non-compensable schedule delays, after execution of the GMP Change Order, may be paid from the CM/GC’s Construction Contingency. [Remainder of Page Intentionally Left Blank] Section 3 – Construction Phase Part 6 – Correcting the Work; Inspections, Covering And Uncovering Work 60 General Requirements PART 6 – CORRECTING THE WORK; INSPECTIONS, COVERING AND UNCOVERING WORK 3.6.1 Duty to Promptly Correct Work. The CM/GC shall promptly correct Work rejected by the Design Professional or Owner or known by the CM/GC to be defective, damaged, or failing to conform to the requirements of the Contract Documents, whether observed before or after Final Completion and whether or not designed, fabricated, installed, or completed. The CM/GC shall bear costs of correcting such rejected Work, including without limitation additional testing and inspections. 3.6.1.1 Full and Complete Charge. Notwithstanding the provisions of this Contract, and until final acceptance of the Work by the Owner, the CM/GC shall have full and complete charge and care of the Work or any portion thereof (including the Owner-furnished supplies, material, equipment, or other items to be utilized or incorporated in the Work). 3.6.1.2 Make Good Losses. The CM/GC shall rebuild, repair, restore, and make good losses of, and injuries or damages to, the Work or any portion thereof before final acceptance of the Work. Such rebuilding, repair, or restoration may be paid from the CM/GC’s Construction Contingency; provided, however, that the Owner and CM/GC may also look to proceeds from the Builders’ Risk policy required by the Contract Documents, where applicable and available. Notwithstanding anything to the contrary herein, Owner shall insure all Owner-furnished supplies, material, equipment, or other items to be utilized with, or incorporated in, the Work and that are at the Site (“OFE”) under its property insurance policy and shall bear the full risk of loss on such OFE. For the sake of clarity, above Section 3.6.1.2 and any indemnity provision herein or hereunder shall not apply to OFE. Upon written request to GM/GC and subject to the provisions of GM/GC builder’s risk policy, Owner may request that OFE be added to the Builder’s Risk policy. If OFE is added to the Builder’s Risk policy the above Section 3.6.1.2 shall apply to such OFE, Owner shall provide a value and description to CM/GC of such OFE to be covered thereunder, and CM/GC shall be entitled to reimbursement for any premiums associated therewith whether through Change Order or as part of the GMP. 3.6.1.3 No Limitation. Nothing contained in this Part shall be construed to establish a period of limitation with respect to the CM/GC's obligations to correct defective or non-conforming Work under this Contract, at law or in equity. 3.6.2 Correcting the Work. 3.6.2.1 Notice of Non-Compliant Work. A Notice of Non-Compliant Work shall be in writing, shall be dated, shall be signed by the Design Professional, shall be addressed to the CM/GC with a copy to the Owner, and shall contain three elements as follows: 3.6.2.1.1 Description of Work (a) that has been omitted or (b) that is unexecuted as of the date of the Notice of Non-Compliant Work, the time for its incorporation into the Work as planned in the Overall Project Schedule having expired, or (c) that has not been executed in accordance with the methods and materials designated in the Contract Documents. 3.6.2.1.2 Contract References: Citation of the provision or provisions of the Contract Documents which specify the Work to be executed. 3.6.2.1.3 Time for Compliance. Fixing of a reasonable space of time within which the CM/GC shall have made good the deficiency (which said space of time shall not be deemed to be an extension of Contract Time, nor shall it be deemed to be authorization for amendment to the Overall Project Schedule). 3.6.2.2 Failure to Supply Workmen or Materials or to Prosecute the Work. A Notice of Non-Compliant Work may be issued for failure of the CM/GC to supply enough workers or enough materials or proper materials to prosecute the Work. A Notice of Non-Compliant Work in such event may be based upon deficiencies in management of time. 3.6.2.3 Removal and Making Good of Non-Compliant Work. The CM/GC shall remove from the Site within the space of time designated in Notice of Non-Compliant Work all Work determined by the Design Professional as Section 3 – Construction Phase Part 6 – Correcting the Work; Inspections, Covering And Uncovering Work 61 General Requirements failing to conform to the Contract Documents, whether incorporated in the Work or not, and the CM/GC shall promptly replace and re-execute the Work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all Work of other Contractors destroyed by such removal or replacement. The CM/GC shall supply any omitted Work and perform all unexecuted Work within the space of time fixed by the Design Professional in Notices of Non-Compliant Work. 3.6.2.4 Remedy of the Owner for Breach of Notice of Non-Compliant Work. 3.6.2.4.1 Failure to Make Good a Deficiency. If the CM/GC does not make good a deficiency within a reasonable space of time fixed in a Notice of Non-Compliant Work, the Owner may do any of the following: (a) Remove the Non-Compliant Work and store it at the expense of the CM/GC. If the CM/GC does not pay the expenses of such removal and storing within ten (10) days after receipt of written demand of the Owner, the Owner may upon three (3) days' notice in writing to the CM/GC sell such materials at private sale or at auction and shall account for the net proceeds thereof after deducting all proper costs incurred by the Owner. (b) Supply omitted Work, perform unexecuted Work, or replace and re-execute Work not done in accordance with the methods and materials designated in the Contract Documents, and deduct the cost thereof from any payment then or thereafter due the CM/GC. The Design Professional shall approve the amount charged to the CM/GC. 3.6.2.4.2 Other Remedies. The remedies stated in this article are in addition to the remedies otherwise available to the Owner, do not exclude such other remedies, and are without prejudice to any other remedies. Time limits stated in Notices of Non-Compliant Work are of the essence of the Contract. Unless otherwise agreed to by the Owner in writing, the making good of Non-Compliant Work shall physically commence at the Site in not more than seven (7) days after receipt of the Notice of Non-Compliant Work, except that, in case of emergency, correction shall physically commence at the Site at once, and except that the CM/GC shall in any event physically commence the correction at the Site early enough to complete the correction within the space of time allowed in the Notice of Non-Compliant Work; provided such time is reasonable. The Owner shall give prompt consideration to reasonable requests for delay in commencement of the making good of Notices of Non-Compliant Work. The making good of Non- Compliant Work shall be completed within the space of time allowed in the Notice of Non-Compliant Work unless the CM/GC shall have requested from the Design Professional an increase in the amount of time allowed and the Design Professional shall have given notice to the CM/GC in writing, with copy to the Owner, stating the additional amount of time, if any, allowed. 3.6.2.5 Notice of Correction from CM/GC. The CM/GC shall give prompt notice in writing to the Design Professional, with copy to the Owner, upon completion of the correction of the Non-Compliant Work. In the absence of such notice, it shall be and is presumed under this Contract that there has been no correction, supplying remedy, or performance of unexecuted Work. 3.6.2.6 The Owner's Right to Correct Work. If the CM/GC should neglect to prosecute the Work properly or fail to correct Non-Compliant Work or fail to perform any provision of this Contract, the Owner, after three (3) days' written notice to the CM/GC, may without prejudice to any other remedy it may have (including without limitation remedies against the CM/GC’s surety), make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the CM/GC. 3.6.3 No Delay. Work requiring correction shall be corrected immediately and shall be carried out in such a way not to delay the completion of the Project. If it is not feasible to correct said Work immediately, the corrective Work shall be done on a schedule acceptable to the Owner. 3.6.4 Inspection of Work. 3.6.4.1 Access to Work. At all times, the Design Professional and his representatives shall have access to the Work wherever it is in preparation or progress, and the CM/GC shall provide proper facilities for such access and for inspection. 3.6.4.2 Notice to Design Professional from CM/GC Prior to Covering Work. If the Specifications, the Design Professional's instructions (either in the Specifications or issued later in writing), laws, ordinances, or any public authority require any Work to be specially tested or approved, the CM/GC shall give the Design Professional timely notice in writing of its readiness for inspection and, if the inspection is by any authority other than the Design Section 3 – Construction Phase Part 6 – Correcting the Work; Inspections, Covering And Uncovering Work 62 General Requirements Professional, will tell the Design Professional the date fixed for such inspection. Inspections by the Design Professional shall be made promptly and, where practicable, at the source of supply. If any Work should be covered without approval or consent of the Design Professional, said Work must, if required by the Design Professional, be uncovered for examination at the CM/GC's expense. 3.6.4.3 Fire Marshal Inspections. 3.6.4.3.1 General. The Fire Marshal may make inspections at any time. It shall be the responsibility of the CM/GC to request an inspection at eighty (80) percent completion and at one hundred (100) percent completion and to give notice when all items on the one hundred (100) percent inspection report have been completed. Requests shall be in writing with a copy to the Owner and Design Professional. 3.6.4.3.2 Inspections Defined. The basic definitions for eighty (80) percent and one hundred (100) percent inspections are as follows: (a) Eighty Percent Inspection: The structural components are in place and open for review of the fire safety components. NOTE: Structural components include the following: fire walls, vertical shafts, stairways, smoke stops, hazardous area separation, roof and ceiling assemblies, corridor and door width, and HVAC system. (b) 100% Inspection: The CM/GC has completed all of the items on the eighty (80) percent inspection report and has the Certificate of Occupancy in hand. 3.6.4.4 False Start. In the event the CM/GC shall have issued Notice of Readiness prematurely, his action shall be deemed to be a "false start.” The CM/GC shall be liable for the damage resulting from the aforesaid false start, including, but not limited to, the salary, professional fees, and travel and living expenses of the person or parties inconvenienced by the aforesaid false start. 3.6.4.5 Certificate of Occupancy. The CM/GC’s obligation under the Contract is to install the Work in accordance with the Contract Documents, obtain the Certificate of Occupancy from the City of Milton and forward it to the Design Professional as a part of the final close out procedures. The Design Professional’s obligation is to design the Work to comply with the applicable codes and to qualify for a Certificate of Occupancy. 3.6.5 Covering and Uncovering Work. 3.6.5.1 Re-examination or Re-testing of Work Covered Pursuant to Consent of Design Professional. Re- examination or re-testing of questioned Work previously covered pursuant to consent of the Design Professional may be ordered by the Design Professional; provided that Design Professional must have authority from Owner to uncover such Work. If so ordered, the Work must be uncovered by the CM/GC. The Owner shall pay the cost of re-examination and replacement or of re-testing if such Work is found in accordance with the Contract Documents; provided that such cost must be agreed to in writing by Owner prior to being incurred. The CM/GC shall pay such cost if such Work is found not in accordance with the Contract Documents unless the CM/GC can show that a Separate Contractor caused the defect in the Work. In that event, the Owner shall pay such cost, provided that such cost must be agreed to in writing by Owner prior to being incurred, or cause such cost to be paid by the Separate Contractor. Re-examination or re-testing under the terms of this Paragraph applies only to W ork that has been covered with consent of the Design Professional. Work covered without consent of the Design Professional must be uncovered for examination as provided below. 3.6.5.2 Re-examination or Re-testing of Work Covered Without Consent of Design Professional. If any W ork should be covered without approval or consent of the Design Professional or contrary to any provision of the Contract Documents, such Work must be uncovered for examination by the Design Professional at the CM/GC’s expense. The CM/GC shall be liable for the costs resulting from the aforesaid uncovering, including, but not limited to, the salary, professional fees, and travel and living expenses of the person or parties inconvenienced thereby. 3.6.6 Inspection Does Not Relieve CM/GC. Under the Contract Documents, the CM/GC acknowledges that it has the responsibility for furnishing all services, labor, supplies, and materials for the entire Work in accordance with the Contract Documents. No provisions of this article nor any inspection of the Work by the Owner, representatives of the Owner, engineers employed by the Design Professional, representatives of the Design Professional, or the Design Professional shall in any way diminish, relieve, or alter said responsibility and undertaking of the CM/GC. Neither shall the omission of any of the foregoing to discover or to bring to the attention of the CM/GC the existence of any Work or materials injured or done not in accordance with said Contract Documents in any way diminish, relieve, or alter such obligation of the CM/GC; nor shall the aforesaid omission diminish or alter the rights or remedies of the Owner as set forth in the Contract Documents. Section 3 – Construction Phase Part 6 – Correcting the Work; Inspections, Covering And Uncovering Work 63 General Requirements The Contract Compliance Specialist has no power to make decisions, to accept or reject Work, or to consent to the covering of Work. The Contract Compliance Specialist owes no duty to the CM/GC. 3.6.7 Owner may Require Uncovering of Work. The Owner may require any Work to be uncovered, whether or not prior information was provided as to the schedule for covering. Should Work so uncovered prove to be in noncompliance with the Contract Documents or the Construction Documents, the cost of uncovering, correction of the Work, recovering, and any schedule recovery costs shall be borne by the CM/GC and may be paid from the CM/GC’s Construction Contingency. If the CM/GC complies with the notice requirements above, and the Owner fails to make its desired inspections, and the Owner then requires the CM/GC to uncover the Work, the Owner shall bear all additional costs of uncovering and recovering the Work unless the Work is found to be non-compliant with the Construction Documents, in which case the CM/GC shall bear all such uncovering and recovering costs, which may be paid from the CM/GC’s Construction Contingency. Should the Work be compliant, however, the Owner will pay for the uncovering and repair of the affected Work, in addition to any delay that affects the critical path of the Project. 3.6.8 Intentionally Omitted. 3.6.9 Effect of Notice of Non-Compliant Work. Notwithstanding anything contained in the Contract Documents to the contrary, in order to minimize delays in the completion of the Project, the CM/GC shall continue working while responding to a Notice of Non-Compliant Work and shall continue working while protesting any decision by the Design Professional or the Owner. 3.6.10 Deductions for Uncorrected Work. If the Design Professional and Owner deem it inexpedient to correct Work injured or done not in accordance with the Contract, an equitable deduction from the Contract Sum shall be made therefore. There is no duty on the part of the Owner, however, to accept any Work injured or done not in accordance with the methods and materials designated in the Contract Documents; nor does the CM/GC have the right to demand that there shall be acceptance of Work injured or done not in accordance with the methods and materials designated in the Contract Documents. [Remainder of Page Intentionally Left Blank] Section 3 – Construction Phase Part 7 – Trade Contractors; Self-performance 64 General Requirements PART 7 – TRADE CONTRACTORS; SELF-PERFORMANCE 3.7.1 Parties. Trade Contracts shall be between the CM/GC and the Trade Contractor or Supplier selected by CM/GC, as CM/GC deems appropriate, subject to the requirements that such Trade Contract be awarded in accordance with the procedures set forth in this Part. 3.7.2 Selection. 3.7.2.1 Selection Process. All Trade Contracts between CM/GC and Trade Contractors or Suppliers shall be entered into only after the CM/GC's completion of the selection process required by this Section 3, Part 7. For each selection, CM/GC, in consultation with the Design Professional and the Owner, shall develop appropriate selection criteria for the selection of the Trade Contractor or Supplier. The cost of the Work shall be a factor for consideration in every selection, but may not necessarily be the determining factor. 3.7.2.2 Information for Proposed Firms. CM/GC shall develop information for proposed firms for all of the Work. Such information shall describe the Work to be procured by the CM/GC through Trade Contractors or Suppliers, using CM/GC's own forms and procedures. Firms shall be required to submit a proposal encompassing the full contract price for the Work to be procured, except as provided in Article 3.7.10 below. 3.7.2.3 Alternative Prices. With the approval of the Owner, the CM/GC shall be entitled to take alternative prices as it deems necessary to advance and complete the Work by the stated Date of Final Completion. The Owner shall not unreasonably withhold such approval. 3.7.2.4 Timing of Proposals. CM/GC may, at its discretion, procure proposals for Work described in Construction Documents, or proposed for addition to this Contract by Change Order prior to acceptance of such Change Order by CM/GC or by Owner, but CM/GC shall not be authorized to reject a Construction Document Change Order proposed after the issuance of a GMP Change Order. 3.7.3 Proposers Lists. Prior to each solicitation of proposals, the CM/GC shall prepare and submit to the Owner for review a list of recommended proposers. CM/GC may require prospective proposer to undergo a pre-qualification process to permit CM/GC affirmatively to determine that a proposer who desires to submit a proposal is a Responsible Proposer as defined in Article 3.7.5. 3.7.4 CM/GC Proposal Review. Upon receipt of proposals and prior to CM/GC’s acceptance of any proposal, CM/GC shall prepare and deliver to the Owner for its review a complete and thorough analysis of the proposals received. Such proposal analysis shall clearly indicate the apparent best proposal from the proposer or proposers determined by CM/GC to be responsible and responsive and shall be accompanied by a copy of each proposal received. Nothing herein requires CM/GC to select the lowest price proposal. The risk and cost of CM/GC's selection of a successful proposer lies exclusively with CM/GC. 3.7.5 Responsible Proposers. CM/GC shall affirmatively determine whether each proposer is or is not responsible and whether each proposal is or is not responsive. To be deemed a responsible proposer, the proposed Trade Contractors or Suppliers shall match the following criteria: 3.7.5.1 Qualified. Be reputable, skilled, reliable, competent, qualified in the trade or field in which they are to perform on the Project, and be thoroughly familiar with applicable codes. 3.7.5.2 Bonding. Have the ability to obtain bonding from a bonding company acceptable to CM/GC. 3.7.5.3 Insurance. Shall have or shall have the ability to obtain insurance required by the Contract Documents. 3.7.6 Owner Rights. The Owner reserves the right in its sole and absolute discretion to require CM/GC to reject any Supplier or Trade Contractor and any proposal. If after the acceptance of the GMP Change Order by the Owner, the Owner exercises its right to require CM/GC to reject a Trade Contractor, a Supplier, or the lowest price proposal submitted by a responsible proposer, the acceptance of which CM/GC recommends, CM/GC shall recommend an acceptable substitute Trade Contractor, Supplier, or proposer, and if the substitute Trade Contractor, Supplier or proposer has submitted a higher proposal or price, the CM/GC shall notify Owner of the difference in the price between the rejected and substitute proposal, and, if approved in writing by the Owner, the GMP Change Order and its Estimated Cost Component shall be adjusted to reflect the difference between the amount of the rejected proposal or price and the higher accepted proposal or price. 3.7.7 CM/GC Award. Unless the Owner exercises its rights under Article 3.7.6, CM/GC shall award the Work to a responsible Trade Contractor or Supplier of CM/GC's choosing and proceed with the preparation of a purchase order or Section 3 – Construction Phase Part 7 – Trade Contractors; Self-performance 65 General Requirements Trade Contract incorporating all necessary terms and conditions of the Contract Documents. Upon execution by CM/GC, and if requested by the Owner, CM/GC shall send a copy of the executed purchase order or Trade Contract to the Owner. 3.7.8 CM/GC Self-Performance. In all cases where the CM/GC requests to perform any work with its own forces, such work shall require prior written approval by the Owner. 3.7.8.1 Conditions. After the acceptance of the GMP Change Order by the Owner, and in the event the lowest responsible and responsive proposal received by CM/GC exceeds CM/GC's adjusted Construction Budget line item for such Work, or in the event that no proposal is received, and any permitted redesign does not eliminate the budget shortfall or result in the submission of an acceptable proposal, the CM/GC has the following options: (i) In the case where the lowest responsible and responsive proposal exceeds the line item budget, and with the prior approval of the Owner, the CM/GC may perform such W ork with its own forces for the lump sum amount stated in its line item budget for such Work in its current Construction Budget; or (ii) In the case where no responsible and responsive proposal is received, the CM/GC shall perform such Work with its own forces within the Guaranteed Maximum Price stated in the GMP Change Order for the lump sum amount stated in its line item budget for such Work in its current Construction Budget. CM/GC's line item budget for Work stated in its current Construction Budget shall be deemed to be a proposal submitted by the CM/GC for such Work for which, in accordance with this Paragraph 3.7.8.1 and subject to approval by Owner, the CM/GC will undertake to perform such Work on a lump sum basis. CM/GC shall not be entitled to any additional CM/GC's Fee calculated on such lump sum. No action permitted under this Paragraph shall increase the Guaranteed Maximum Price. 3.7.8.2 Default of Trade Contractor. In addition, CM/GC may with its own forces perform Work encompassed within any Trade Contract between CM/GC and any Trade Contractor upon the termination of such Trade Contract by CM/GC by reason of the default or abandonment of the Work by the Trade Contractor, but , except as provided in Article 1.5.1the CM/GC shall perform such Work, or the balance thereof remaining at the time of termination, for an amount not exceeding the contract sum specified in the Trade Contract or the unexpended balance thereof remaining at the time of termination , except as provided in Article 1.5.1 provided that CM/GC's Fee shall not be reduced or increased on account of the Work performed under this Paragraph 3.7.8.2. 3.7.8.3 Other Compelling Circumstances with Specific Approval of Owner. In certain compelling circumstances, upon the request of the CM/GC and the recommendation of the Design Professional, Owner may permit, in its sole and unfettered discretion where such approval is in the best interest of the Owner, CM/GC to perform specified Work with its own forces. CM/GC’s line item budget for such Work stated in its current Construction Budget, or less, shall be deemed to be a proposal submitted by the CM/GC for such Work for which, in accordance with this Paragraph and subject to approval by Owner, the CM/GC will undertake to perform on a lump sum basis. CM/GC shall not be entitled to any additional CM/GC Fee calculated on such lump sum. No action permitted under this Paragraph shall increase the Guaranteed Maximum Price. 3.7.9 Duty to Continue Work. Notwithstanding any dispute between the Owner and CM/GC or between CM/GC and any Trade Contractors or between such Trade Contractors, it shall be the responsibility of CM/GC to continue to prosecute all of the Work and perform all of its services diligently in a good and workmanlike manner in conformity with this Contract, and the CM/GC and/or Trade Contractors shall have no right to cease performance hereunder or to permit the prosecution of the Work to be delayed so long as Owner does not default hereunder. So long as the CM/GC continues performance under this Contract, the Owner shall continue to pay CM/GC in accordance with this Contract. 3.7.10 Alternative Price Terms. Notwithstanding the requirements of Paragraphs 3.7.2 and 3.7.13, CM/GC shall be permitted, with Owner's advance approval and in Owner's sole discretion, to seek Trade Contractors or Suppliers who meet the requirements of this Section, through a proposal process under which the proposed Trade Contractor or Supplier offers to provide Construction Management services for designated subcomponents of the Project, and, with the Owner's approval, CM/GC may enter such contracts for the furnishing of such systems on a guaranteed maximum price basis. 3.7.11 CM/GC Supplied Equipment or Supplies. With the prior approval of the Owner and in Owner’s sole discretion, CM/GC may supply for use by its Trade Contractors or Suppliers, or for use by CM/GC for the performance of Work performed by CM/GC with its own forces, equipment and supplies necessary to the performance of the Work in addition to those items that the CM/GC is authorized to supply. However, the Actual Cost of such equipment or supplies reimbursable by the Owner to CM/GC shall not in any event exceed the least of (i) the amount that would be paid by CM/GC for the procurement of such equipment or supplies under a competitive proposal procurement, or (ii) the amount that would be reimbursable to CM/GC as an Actual Cost for such equipment or supplies had such equipment or supplies been procured from others under the terms of the Contract Documents, or (iii) the applicable amounts stated in Subparagraph 4.4.4.1. If the Owner approves the provision by CM/GC of such items from CM/GC's inventory, then no CM/GC's Fee shall be payable by Owner on account of such self-provided items in excess of any fee included in the approved sales price or rental rate. CM/GC's Fee shall be reduced proportionately for such self-provided items. Section 3 – Construction Phase Part 7 – Trade Contractors; Self-performance 66 General Requirements 3.7.12 No Conflict of Interests. Without prior written approval from the Owner after full disclosure by CM/GC, the CM/GC shall not award any Trade Contract to any Affiliate of CM/GC. 3.7.13 Fair Opportunity for Trade Contractors – Trade Packages. All construction Work to be performed by Trade Contractors shall be performed pursuant to Trade Packages from qualified Trade Contractors. The CM/GC shall make reasonable efforts to ensure that Trade Contractors and Suppliers local to the Project Site are given the fair opportunity to propose for, be considered for, and participate in the award of Trade Packages required for completion of the Project. The CM/GC shall, on behalf of Owner, advertise and solicit proposals from Trade Contractors and from Suppliers of material or equipment fabricated to a special design for the Work. All proposals will be delivered to the CM/GC. CM/GC will, on behalf of the Owner, analyze all such proposals to determine whether the proposals are responsive and the proposers are responsible. The CM/GC will recommend to the Owner, based on price and other factors, the Trade Contractor or Supplier. If the recommended Trade Contractor or Supplier is not the low price proposer, CM/GC will provide additional information justifying its recommendation. The Trade Package will be awarded upon receipt of approval from the Owner. If the Owner does not agree with the CM/GC’s recommendation, the Owner will instruct the CM/GC to award the Trade Package to the lowest responsive and responsible price proposer, or to reissue the package for additional proposers. 3.7.14 Warranty of CM/GC. The CM/GC warrants that the Trade Contractors selected by him are reputable, skilled, reliable, competent, and qualified in the trade or field in which they are to perform on the Project, and thoroughly familiar with applicable codes. The CM/GC will have primary responsibility for all Trade Packages. Trade Contractors are required to execute CM/GC's standard subcontract, as amended to be consistent with this Contract. The Trade Contractors shall be acting as Trade Contractors to the CM/GC. The CM/GC shall execute and administer all such Trade Package contracts and shall assume full responsibility for each and every item of Work performed thereunder and for the timely completion of all such Work in accordance herewith, including responsibility for all guarantees and warranties to be provided by each Trade Contractor. 3.7.15 CM/GC Responsible for Acts and Omissions of Trade Contractors, Materialmen, Suppliers, and Employees. The CM/GC agrees that it is as fully responsible for the acts and omissions of his Trade Contractors, materialmen, Suppliers, and employees, and of persons either directly or indirectly employed by them, as he is responsible for the acts and omissions of persons directly employed by him. The failure of a Trade Contractor, materialman, Supplier, or employee to perform shall not be asserted by the CM/GC as an excuse for any omission from or noncompliance with requirements of the Contract; nor shall the CM/GC be entitled to an extension of time because of failure of a Trade Contractor, materialman, Supplier, or employee to perform, unless said failure was a direct result of some delay to the Trade Contractor, materialman, Supplier, or employee of the kind and character described in the Contract for which the CM/GC shall have requested and received an extension of time under the terms of the General Requirements. The subcontracting of Work does not relieve the CM/GC of the full responsibility for the execution of the Work and for compliance with all requirements of the Contract Documents. The CM/GC shall not assert negligence, inefficiency, insolvency, bankruptcy, or incompetence of any Trade Contractor, materialman, Supplier, or employee as excuse for the existence of any noncompliance with or failure to fulfill any obligation under the Contract either as to timely performance or as to compliance with methods and materials designated in the Contract Documents; nor shall the CM/GC assert nonperformance (unless an extension of time shall have been granted pursuant to the Contract requirements) of a Trade Contractor, materialman, Supplier, or employee as excuse for the existence of any noncompliance with or omission to fulfill any obligation under the Contract either as to timely performance or as to compliance with methods and materials designated in the Contract Documents. Any provision in any contract between the CM/GC and any Trade Contractor pursuant to which the CM/GC is obliged to present to the Owner any claim of any Trade Contractor shall be invalid. 3.7.16 Relationship of CM/GC and Trade Contractors. 3.7.16.1 Obligations of Each. The CM/GC agrees to bind every Subcontractor, Trade Contractor, Supplier (hereinafter collectively referred to as “Subordinate CM/GC”) to the terms of the Contract Documents insofar as they are applicable to its Work, including the following provisions of this Article: Section 3 – Construction Phase Part 7 – Trade Contractors; Self-performance 67 General Requirements 3.7.16.1.1 The CM/GC agrees: (a) To be bound to the Subordinate CM/GC by all the obligations that the Owner owes to the CM/GC under the Contract Documents. (b) To pay the Subordinate CM/GC, upon the payment of certificates issued under the schedule of values described in the General Conditions, the amount allowed to the CM/GC on account of the Subordinate CM/GC's Work, to the extent of the Subordinate CM/GC's interest therein, within seven (7) days of receipt of payment from the Owner; provided, however, that retainage shall be released to the Subordinate CM/GC as provided by law and in accordance with the Final Affidavit set forth in Section 7, Forms. (c) To pay the Subordinate CM/GC, upon the payment of certificates issued otherwise than the schedule of values, in such a manner that at all times the Subordinate CM/GC's total payments shall be as large in proportion to the value of the Work done by the Subordinate CM/GC as the total amount certified and paid to the CM/GC is to the value of the Work done by the Subordinate CM/GC. (d) To pay the Subordinate CM/GC a just share of any property insurance money received by the CM/GC and due to Subordinate CM/GC for Work performed by Subordinate CM/GC and paid for by insurance. (e) That no claim for services rendered or materials supplied or other matters by the CM/GC against the Subordinate CM/GC shall be valid unless written notice thereof is given by the CM/GC to the Subordinate CM/GC prior to or during the first ten (10) days of the calendar month following that in which the CM/GC determines that the claim is chargeable against that Subordinate CM/GC. (f) To give the Subordinate CM/GC, upon its request, an opportunity to be present with CM/GC and to submit evidence in any dispute involving rights of the Subordinate CM/GC. 3.7.16.1.2 The CM/GC agrees to require its Subcontractors to do the following: (a) To be bound to the CM/GC by the terms of the Contract Documents and to assume toward the CM/GC all the obligations and responsibilities that the CM/GC by the aforesaid documents assumes toward the Owner. (b) To submit to the CM/GC applications for payment in such reasonable time as to enable the CM/GC to apply for payment under these General Conditions. (c) To make all claims for extras, for extensions of time or for damages to the CM/GC in the manner provided in the General Conditions for like claims by the CM/GC upon the Owner, except that the time for making such claims to the CM/GC is within ten (10) days after the initial event leading to the claim. (d) To pay their sub-subcontractors (hereinafter “Subordinate Contractors”), upon the payment of certificates issued under the schedule of values described in the General Conditions, the amount allowed on account of such Subordinate Contractor’s Work, to the extent of such Subordinate Contractor’s interest therein, within seven (7) days of its receipt of payment; provided, however, that retainage shall be released as provided by law and in accordance with the Final Affidavit set forth in Section 7, Forms. (e) To pay their Subordinate Contractors, upon Subcontractor’s receipt of payment, such that at all times their Subordinate Contractors’ aggregate payments shall be in proportion to the Work performed by each of the Subordinate Contractors. 3.7.16.2 Owner Not Obligated to Any Subordinate CM/GC, Subordinate Contractor, Trade Contractor, or Supplier. There is no obligation on the part of the Owner to pay to or to see to the payment of any sums to any Subordinate CM/GC, Subordinate Contractor, Trade Contractor, Supplier, laborer, employee, or person supplying labor, materials, machinery or equipment to the Project. Section 3 – Construction Phase Part 7 – Trade Contractors; Self-performance 68 General Requirements 3.7.16.3 Term “Substantial Completion” Deleted. The term “substantial completion,” if found, is hereby deleted and is of no force in all Subcontracts, Trade Contracts, and in the Trade Sections of the Contract Documents. In certain contexts, the term may be superseded by the term “Material Completion” as defined in this Contract. 3.7.16.4 Failure to Incorporate Terms in Subcontracts. The CM/GC agrees that failure on its part to incorporate this Article 3.7.16 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that, in the event of such breach, the CM/GC shall, within five (5) days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (i) the CM/GC may not maintain that it is beyond his competence to require performance of terms of the Contract by a Subcontractor and (ii) no Subcontractor may maintain that he has not assumed toward the CM/GC all the obligations and responsibilities that the CM/GC has assumed toward the Owner. Failure on the part of the CM/GC to effect remedy as described above within five (5) days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner. 3.7.17 Assignment of Trade Contracts, Subcontracts. 3.7.17.1 No Contractual Relationship. Nothing contained in this Contract creates a contractual relationship between the Owner and any person or entity other than the CM/GC (and the Design Professional to the extent the obligations of such entities are specified herein). However, the Owner and CM/GC agree that the Owner is an intended and express third-party beneficiary of all contracts for construction services and all subcontracts, purchase orders, and other agreements between the CM/GC and third parties in connection with the Project or the Work. 3.7.17.2 Conditional Assignment. The CM/GC hereby conditionally assigns to the Owner all of its interest in any subcontracts (including, without limitation, purchase orders) entered into by the CM/GC for performance of any part of the Work. Such conditional assignment shall become effective only upon the termination of this Contract, whereupon the Owner shall, at its discretion, only upon the Owner’s written approval of such agreements, and only to the extent permitted by law, succeed to the rights and obligations of the CM/GC under such subcontract. The CM/GC shall incorporate, into its respective subcontracts, supply agreements, purchase orders, and other agreements in connection with the Project or the Work, language that expressly names the Owner as an intended third-party beneficiary of such agreements. 3.7.17.3 Assignment Provisions. CM/GC shall also ensure that its subcontracts, supply agreements, purchase orders, and other agreements contain a provision that assigns to the Owner the CM/GC's interest in the respective agreement to the Owner immediately upon Trade Contractor's or Supplier's receipt of Owner's notice to such effect. Furthermore, CM/GC shall ensure that its subcontracts, supply agreements, purchase orders, and other agreements contain a provision that allows the Owner to terminate that agreement solely for the Owner's convenience in accordance with the provisions set forth in this Contract. Owner further agrees to pay reasonable documented costs of cancellation charges, or re-stocking costs for the Owner's termination for convenience of subcontracts, supply agreements, purchase orders, and other agreements; provided that such costs must be agreed to in writing by the Owner prior to being incurred. 3.7.17.4 Assignment of Warranties. Without limiting CM/GC's post-construction obligations pursuant to this Contract, CM/GC shall assign to Owner all post-construction warranties resulting from CM/GC's agreements with third parties, subject to CM/GC's reservation of rights under such warranties to the extent necessary to enable CM/GC to fulfill its obligations to Owner hereunder. Moreover, CM/GC shall protect Owner's interest in all such warranties and shall take no action nor commit an omission that renders such warranties void or voidable. [Remainder of Page Intentionally Left Blank] Section 4 – Compensation Part 1 – General 69 General Requirements SECTION 4 – COMPENSATION PART 1 – GENERAL. 4.1.1 Authorized Compensation and Limitations. 4.1.1.1 CM/GC's Fee. CM/GC's Fee shall be the amount specified in Paragraph 5 of the Contract. 4.1.1.1.1 Basis of Fee. The CM/GC’s Fee is the amount, established by and agreed to by both parties, that is the full amount of compensation due to the CM/GC as gross profit, indirect (back office) overhead, and for any and all expenses of the Project not included and identified as a Cost of the Work or the CM/GC’s Overhead Costs and Expenses, provided that the CM/GC performs all the requirements of the Contract Documents within the time limits established. The CM/GC’s Fee consists of the following: a. Intentionally Omitted. b. Construction Fee. For the construction services, as described in Section 3 of the General Requirements, provided by CM/GC, Owner shall pay to CM/GC a Construction Fee in accordance with Section 4, Part 3 below. 4.1.1.1.2 Adjustments in the CM/GC’s Fees. The CM/GC’s Fee can only be changed by a written Change Order executed by both parties. CM/GC’s Fee can only be adjusted for material changes in the scope of the Work, which includes without limitation the management of the replacement of an insured or uninsured loss. 4.1.1.2 CM/GC’s Overhead Costs and Expenses. The lump sum amount for CM/GC Overhead Costs and Expenses shall be the amount specified in Paragraph 6 of the Contract. CM/GC’s Overhead Costs and Expenses shall exclude Actual Cost items specified in Sections 4.4.2 and 4.4.3. It shall include and only include the project-related fees, expenses, costs, and project supervision related costs listed on Exhibit R. : 4.1.1.2.1 [RESERVED] 4.1.1.3 Cost of the Work. The Actual Cost for the Cost of the Work shall be paid as set forth in Section 4, Part 4. 4.1.1.4 GMP Cost Limitation. The Guaranteed Maximum Price shall not be in excess of the GMP Cost Limitation. 4.1.1.4.1 GMP Cost Limitation. The maximum amount allocated for the construction services and construction of the Project. GMP Cost Limitation does not include design costs, Owner contingency, or Site acquisition costs. See Subparagraph 4.1.1.4.2 for details and effect of the GMP Cost Limitation. 4.1.1.4.2 Details and Effect of the GMP Cost Limitation. (a) The CM/GC recognizes that the Design Professional is required to design the Project such that the initial Guaranteed Maximum Price will not exceed the GMP Cost Limitation. (b) In contracting with a public or governmental body to render services, the CM/GC is charged with knowledge of any limitation imposed on such body as to amount of money it may spend for a given project; and (c) The GMP Cost Limitation limits the Owner, the Design Professional and the CM/GC prior to, but not after, the establishment of the GMP. 4.1.1.5 Guaranteed Maximum Price (“GMP”). The Owner will pay the CM/GC an amount established as the CM/GC’s Fee, plus CM/GC Overhead Costs and Expenses and the Actual Cost of the Work as described herein, but those amounts in the aggregate shall not exceed, in any event or for any reason, the Guaranteed Maximum Price. 4.1.1.6 Effect of GMP Change Order. Preconstruction Phase Services will be provided under the Preconstruction Services Agreement and paid for in a lump sum amount as provided for therein. Construction Phase Services are included in the GMP. Upon acceptance of the GMP Change Order by Owner, the GMP Change Order shall exclusively govern the compensation to CM/GC for all fees and services included therein. Section 4 – Compensation Part 1 – General 70 General Requirements 4.1.1.7 Payment Schedule. The CM/GC’s Fee shall be paid monthly in proportion to the services actually performed. CM/GC shall submit not later than the tenth (10th) day of any month an invoice for the proportionate part of the CM/GC’s Fee that represents the services actually performed for the period following the period covered by any prior invoice to the end of the preceding month. If and to the extent approved by Owner, the amount of such invoice shall be paid by Owner promptly and the CM/GC Overhead Costs and Expenses will be paid proportionally to time expended on the project versus the overall project schedule. Such proportionate amount shall establish a rate to be applied in the same manner to time extensions for compensable Change Orders 4.1.1.8 Payments Withheld. The Owner may withhold from the Cost of the Work or, on account of subsequently discovered evidence, nullify the whole or a part of any pay request or certificate to such extent as may be necessary to protect the Owner from loss on account of: (a) Defective Work not remedied (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to Subcontractor or for materials or labor. (d) A reasonable doubt that the Contract can be completed for the balance then unpaid. (e) Damage to another contractor or to some third party. (f) Failure to maintain a rate of progress in accordance with the Construction Progress Schedule. (g) Failure to supply enough skilled workmen or proper materials. When the above grounds are removed, payment shall be made for amounts withheld because of them. At the option of the Owner, adherence to the Construction Progress Schedule shall be a condition precedent to the right of the CM/GC to demand payment. No omission on the part of the Owner to exercise the aforesaid option shall be construed to be a waiver of breach of the Construction Progress Schedule or acquiescence therein, and the Owner may exercise its option from time to time and as often as may be expedient. 4.1.1.9 Change in Tax Rates. If the rate of sales, use, payroll, or other similar direct taxes on materials, equipment, or labor required for the performance of the Work shall increase above the rate in force on the date of the GMP Change Order, then the Cost of Work Component (but not the Fee or CM/GC Overhead and Fee Component) of the GMP Change Order shall be increased by the amount of additional taxes incurred by CM/GC as a result of such change in rate, provided that such increase shall not exceed seven (7) percent of the GMP. A written Claim shall be made promptly after CM/GC receives notice of such tax increase. If the tax rates decrease, the estimated amount of saved taxes due to the decrease as yet unexpended shall be split equally and moved into the CM/GC’s Construction Contingency and Owner’s Contingency, respectively. 4.1.2 Audit. At the request of the Owner, the CM/GC shall allow the Owner the opportunity to select an auditor to examine and inspect the Project and the CM/GC's books, records, and any and all accounts and similar data related to the Project. The Owner shall bear the cost of such audit. The auditor may sign a confidentiality agreement before conducting any such audit. Notwithstanding such agreement, CM/GC understands and agrees that all Project records are subject to the Georgia Open Records Act. Approval of an Application for Payment by the Owner, including Final Payment, shall not foreclose the right of the Owner to examine the books and records and their backup documents in accordance with the Contract Documents to determine the correctness and accuracy of any item. 4.1.3 Limitation of Owner Liability. The Owner shall not be liable to pay CM/GC any amount for Fees, Overhead, or Actual Cost of Work performed after the date of the GMP Change Order that, after the payment of such amount or any portion thereof, would cause the aggregate amount paid to CM/GC hereunder to exceed the Guaranteed Maximum Price. 4.1.4 Provision for Further Development of the Contract Documents. Because the Contract Documents may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the CM/GC shall provide within the Guaranteed Maximum Price an amount for further development of the Contract Documents. 4.1.5 Inclusion of Contingency Amounts in GMP. 4.1.5.1 CM/GC’s Construction Contingency - A Part of the Cost of the Work. The GMP shall include in the Construction Contingency sums established by the CM/GC for the CM/GC's use to cover costs arising under Articles 4.4.5 et seq. and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. 4.1.5.2 CM/GC’s Construction Contingency - CM/GC to Monitor. The Owner and the CM/GC agree that the amounts so established will be monitored by both parties and used by the CM/GC, with approvals by the Owner as specified, to provide for the cost of labor, materials, services, or equipment that are properly reimbursable as a Section 4 – Compensation Part 1 – General 71 General Requirements Cost of the Work (or otherwise permissible for use hereunder) but that will not be the basis of a Change Order to adjust the GMP. The balances of all contingency funds will be returned to the Owner at the completion of the Project. The CM/GC will provide a full accounting of the status of the contingency funds to the Owner on a quarterly basis until the Project is completed, notwithstanding any change to a Lump Sum Price as permitted by Article 3.3.6. 4.1.5.3 Owner’s Contingency. Owner has established an Owner’s Contingency for its use. Such uses may include costs associated with errors and omissions in the design documents, design changes, scope changes, or other items that would result in a Change Order for CM/GC. The Owner’s Contingency would not be Cost of Work or included in the GMP unless and until such funds are allocated to the Project through a Change Order, at the Owner’s sole discretion. Owner’s Contingency is established as $75,000, and the Owner shall be authorized to spend up to that amount cumulatively in Change Orders without prior approval of the Milton City Council, provided that any single Change Order over $50,000 or any request to exceed the Owner’s Contingency shall require prior approval by the Milton City Council. 4.1.6 CM/GC’s Compensation Prior to Acceptance of GMP. Prior to the Owner’s acceptance of CM/GC's Guaranteed Maximum Price proposal and issuance of a Proceed Order, CM/GC's compensation shall be limited to an amount equal to reimbursement of all reasonable out-of-pocket costs and expenses incurred in the performance of CM/GC’s obligations hereunder and the Cost of the Work set forth in any approved Component Change Order. Prior to the Owner's acceptance of the CM/GC's Guaranteed Maximum Price proposal and issuance of a Proceed Order, the CM/GC shall not incur any cost to be reimbursed as CM/GC’s Overhead Costs and Expeses or as part of the Cost of the Work, except as the Owner may specifically authorize in writing or in an approved Component Change Order. [Remainder of Page Intentionally Left Blank] Section 4 – Compensation Part 2 – Payment for Preconstruction Phase Services 72 General Requirements PART 2 – INTENTIONALLY OMITTED. [Remainder of Page Intentionally Left Blank] Section 4 – Compensation Part 3 – Payment For Construction Phase Services 73 General Requirements PART 3 – PAYMENT FOR CONSTRUCTION PHASE SERVICES 4.3.1 Basis of Compensation for Change Orders and Extensions. 4.3.1.1 Intentionally Omitted. 4.3.1.2 Schedule of Values as a Comparison. Before the first Application for Payment, the CM/GC shall submit to Owner through the Design Professional a Schedule of Values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This Schedule of Values, unless objected to by the Owner, will be used as a basis for reviewing the CM/GC's Applications for Payment. Each Application for Payment will be reviewed for Actual Costs and also for consistency based on percentage completion of the Schedule of Values. The Schedule of Values will also be utilized in the event the Owner elects conversion to a Lump Sum Price pursuant to Article 3.3.6. 4.3.2 Submission of Applications for Payment. By the twenty-fifth day (25th) of each month, the CM/GC shall submit to the Design Professional itemized Applications for Payment in the form attached hereto as Exhibit K. The CM/GC shall submit no more than one (1) Application for Payment during each month. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and other deviations from the Work described in this Contract shall be clearly communicated to the Design Professional and Owner before charges are incurred and shall be handled through Change Orders as described herein. 4.3.3 Timing of Payments. No later than thirty (30) Business Days following Owner's timely approval of an Application for Payment (in the form required by this Contract), and to the extent it has approved such Application, it shall pay to the CM/GC 100% of all Actual Costs (including CM/GC’s Construction Contingency Costs) properly incurred by the CM/GC during the preceding period and properly reimbursable under this Contract (less retainage, if applicable, as provided herein). No payments will be made for unauthorized work. Such payments shall be subject to adjustment on account of any prior overpayment attributable to error of CM/GC, Owner, whether discovered by audit or otherwise. If amounts properly invoiced remain unpaid for more than thirty (30) days, the CM/GC shall provide notice and interest shall accrue pursuant to Article 4.3.17. Within thirty (30) days after receiving an approved Application for Payment, the Owner will notify the CM/GC of any disputed amounts. The Owner and the CM/GC agree to use their best efforts to resolve all disputes concerning the disputed amounts within thirty (30) days of the Owner's notice to the CM/GC of the dispute. 4.3.4 Payments Withheld. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any Application for Payment or certificate to such extent as may be necessary to protect the Owner from loss on account of: (a) Defective Work not remedied (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to Subcontractor or for materials or labor. (d) A reasonable doubt that the contract can be completed for the balance then unpaid. (e) Damage to another contractor or to some third party. (f) Failure to maintain a rate of progress in accordance with the Construction Progress Schedule. (g) Failure to supply enough skilled workmen or proper materials. When the above grounds are removed, payment shall be made for amounts withheld because of them. At the option of the Owner, adherence to the Construction Progress Schedule shall be a condition precedent to the right of the CM/GC to demand payment of an Application for Payment or certificate. No omission on the part of the Owner to exercise the aforesaid option shall be construed to be a waiver of breach of the Construction Progress Schedule or acquiescence therein, and the Owner may exercise its option from time to time and as often as may be expedient. 4.3.5 Retainage. 4.3.5.1 Withholding of Retainage; Conversion to Lump Sum. Retainage shall be withheld from each Application for Payment to the CM/GC in the amount of ten (10) percent of the sum of the total cost for Work, Change Order Work, materials stored on the Site, and CM/GC Fee earned, as such items are included for payment within the Application for Payment and as agreed upon by the Design Professional. After one-half of the Contract Sum, including Change Orders, becomes due and the Work meets all of the following conditions: (a) On or ahead of the Overall Project Schedule; and (b) There are no breaches of Notices of Non-Compliant Work (c) The Work has been completely procured by the CM/GC and remains within the construction budget limitations; and Section 4 – Compensation Part 3 – Payment For Construction Phase Services 74 General Requirements (d) There is no delinquency in the completion of Work and filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; then, if the CM/GC requests and the Design Professional approves in writing, the sum being withheld as retainage will be converted to a lump sum and held by the Owner until Final Completion. 4.3.5.2 Reinstatement of Retainage. Following the conversion of the retainage to a lump sum, as described in Article 4.3.5.1 above, the Owner will withhold no further retainage from payments to the CM/GC unless one or more of the following events occur: (a) The percentage of Work complete falls behind the percentage required by the Overall Project Schedule by five (5) percent or more; or (b) The CM/GC breaches a Notice of Non-Compliant Work; or (c) The CM/GC becomes delinquent in regard to the filing of the final breakdown and accounting pursuant to any Change Orders utilizing a Force Account; in which event or events the Owner shall reinstate the ten (10) percent retainage on all Applications for Payment due to be paid while one or more of the events continues to exist. The CM/GC will be given written notice of the reinstatement of the retainage. 4.3.5.3 Reconversion to Lump Sum. If the CM/GC subsequently: (a) Recovers all lost time and puts the Work back on schedule; and (b) Remedies all breaches of Notices of Non-Compliant Work; and (c) Supplies a proper breakdown and accounting pursuant to any Change Orders utilizing a Force Account; then the sums withheld while either or all of the events existed will be again converted to a lump sum. 4.3.6 Subcontractor’s Retainage Release. Upon request by the CM/GC, Owner may, but is not required, to permit an amount equal to the subcontract retainage of a Subcontractor to be separately released from the retainage held by the Owner as he completes his Work. An application in accordance with the Owner’s Subcontractor Retainage Release Certificate (See Section 7, Forms) for release of a Subcontractor's retainage shall contain a release of all claims by the Subcontractor and shall bear the original certificates of the Subcontractor, the CM/GC, and the Design Professional, that the Subcontractor's Work has been fully performed, and that the sum for which payment is requested is due by the CM/GC to the Subcontractor. Before receiving any portion of the retainage, the CM/GC will be required to furnish a Final Affidavit executed by the Subcontractor in the exact form as shown in Section 7. Checks releasing a Subcontractor's retainage shall be made payable to the CM/GC, the CM/GC’s surety, and the Subcontractor and shall be mailed to the CM/GC’s surety. This article does not create any contractual relationship between the Owner and the Subcontractor or any duty of the Owner to any Subcontractor. 4.3.7 Supplier’s Retainage Release. Upon request by the CM/GC, Owner may, but is not required, to permit an amount equal to the retainage of Supplier to be separately released from the retainage held by the Owner, if the Supplier has fully performed all delivery obligations under its Trade Contract or, in the alternative, to permit CM/GC to take advantage of discounts or for other reasons in the best interest of the Owner. The retainage release shall be processed in the same manner as for a Subcontractor as set forth in Article 4.3.6 above. 4.3.8 CM/GC’s Warranty on Applications for Payment. The CM/GC hereby warrants to the Owner that, subject to Owner making payments to the CM/GC in accordance with the Contract Documents: 4.3.8.1 Title to Work. Title to Work, materials and equipment covered by an approved Application for Payment will pass to the Owner either by incorporation in construction or upon receipt of payment by the CM/GC, whichever shall occur first; 4.3.8.2 No Liens. Work, materials and equipment covered by any previously approved Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; 4.3.8.3 No Encumbrance. No Work, materials or equipment covered by an approved Application for Payment will have been acquired by the CM/GC, or any other person performing Work at the Site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CM/GC or such other person. 4.3.9 Special Provisions for Payment of CM/GC Fee under a Component or GMP Change Order. 4.3.9.1 Payment of CM/GC Fee. Section 4 – Compensation Part 3 – Payment For Construction Phase Services 75 General Requirements 4.3.9.1.1 Prior to GMP. With respect to Component Change Orders prior to the GMP Change Order, the CM/GC's Fee shall be paid on a monthly basis proportionate to the ratio which the Actual Costs for the Work performed under any Component Change Order bears to the Trade Contract sum stated in the applicable Component Change Order less retainage. 4.3.9.1.2 After GMP. After a GMP Change Order, CM/GC's Fee shall be paid on a monthly basis and proportionate to the ratio the Actual Costs incurred for Work on the Project bear to the Estimated Cost Component of the GMP Change Order, less retainage. 4.3.9.2 Payment of CM/GC Fee Withheld. The Owner may withhold payment only on account of (1) a breach of this Contract by CM/GC, (2) CM/GC’s failure to perform the management and similar services hereunder, (3) CM/GC’s failure to provide information it is required to provide to the Owner hereunder, or (4) under other circumstances as may be permitted by the Contract or the CM/GC’s Proposal. 4.3.10 Applications for Payment. 4.3.10.1 Form of Application. By the twenty-fifth (25th) day of each month, the CM/GC shall submit to the Architect itemized Applications for Payment in the form attached hereto as Exhibit K. If requested by the Owner or Design Professional, the CM/GC shall attach to such Applications for Payment backup materials including, but not limited to, receipts or other vouchers, showing his payments for materials and labor, including payments previously made to Subcontractors. The CM/GC shall submit no more than one (1) Application for Payment during each month. An Updated Progress Construction Progress Schedule must accompany each of the CM/GC’s Applications for Payment. Further, 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 CM/GC from all Subcontractors in accordance with O.C.G.A. § 44-14-366. The Architect will review each Application for Payment and make recommendations to the Owner by the fifth (5th) of the month following the month in which the CM/GC submits its Application for Payment. 4.3.10.2 Initial Breakdown and Periodic Payments. Each Application for Payment shall be submitted at least thirty (30) days before each payment falls due, and the CM/GC shall, before the first application, submit to the Design Professional a Schedule of Values as required by Paragraph 4.3.1.2 above of the various parts of the Work, including quantities, aggregating the total sum of the Contract, divided in the same manner set forth in the Application for Payment Form set forth in Exhibit K and so arranged and so itemized as to meet the approval of the Design Professional and, further, if requested, supported by such evidence as to its correctness as the Design Professional may direct. 4.3.10.3 Materials Stored. If the Application for Payment includes materials delivered and suitably stored at the Site but not incorporated in the Work, they shall, if required by the Owner or the Design Professional, be conditional upon submission by the CM/GC of bills of sale or such other procedure as will establish the Owner's title to such material or otherwise adequately protect the Owner's interest. The CM/GC is responsible for the existence, protection, and, if necessary, replacement of materials until execution of the Final Certificate of the Design Professional. The Owner shall not pay for any materials stored off-site unless approved in the GMP Change Order. 4.3.10.4 Action by Owner. The Owner may refuse to pay any item or items contained in any such Application for Payment until and unless documentation and details evidencing the related costs are submitted to the reasonable satisfaction of the Owner. While awaiting such documentation, the Owner may delete any item or items at issue, and elect to pay the items which are approved, indicating the revised total amount paid upon the invoice. The deleted items may be paid by an interim Application for Payment, or separately identified and included on a subsequent regular Application for Payment. 4.3.10.5 Accounting Format. Applications for Payment shall be broken down by Construction Specification Institute (“CSI”) Category and, in certain situations, by CSI Description and capital asset category, as set forth in the form for Application for Payment. The purpose is to provide appropriate backup documents for the CM/GC’s Final Certification of Costs in conformance with GASB 34 accounting standards. See Exhibits K and L – Forms, “Application for Payment” and Final Certification of Costs. 4.3.11 Schedule of Values. Before the first Application for Payment is submitted, the CM/GC shall submit to the Architect a Schedule of Values allocated to various portions of the construction Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This Schedule of Values, as approved by the Owner, will be used as a basis for reviewing the CM/GC’s Applications for Payment. Each Application for Payment will be submitted and reviewed based on percentage completion of the Schedule of Values. Section 4 – Compensation Part 3 – Payment For Construction Phase Services 76 General Requirements 4.3.12 Representations of CM/GC. The Application for Payment constitutes a representation by the CM/GC to the Owner that (i) the design and construction have progressed to the point indicated; (ii) the quality of the W ork covered by the application is in accordance with the Contract Documents; and (iii) the CM/GC is entitled to payment in the amount requested. 4.3.13 Design Professional’s Certificate Not Acceptance of Work. No certificate issued by the Design Professional, or partial or entire use or occupancy of the Work by the Owner shall be an acceptance of any Work or materials not in accordance with the Contract Documents. 4.3.14 Payment Not Acceptance of Work. No payment nor any partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 4.3.15 Payment for Change Order Work. Payments will not be made for any changes in the Work until a Change Order has been executed. 4.3.16 Payment Due. Payment of an Application for Payment shall be due thirty (30) days after receipt by the Owner of the certification of the Application for Payment by the Design Professional, unless items are audited and deleted pursuant to Article 4.3.10, in which case payment shall be due thirty (30) days after the deletions are approved by the Owner. 4.3.17 Late Payments and Interest. Should the Owner fail to pay a proper invoice within thirty (30) calendar days of receipt, the Contractor shall notify the Owner in writing by certified or statutory mail. If the Owner fails to pay within ten (10) Business Days of receipt of the notice, and if the amount claimed owing is not in dispute, the Contractor shall receive, in addition the sum named in the proper invoice, interest thereon at the rate of one half (.5) percent per month on the unpaid balance as may be due. [Remainder of Page Intentionally Left Blank] Section 4 – Compensation Part 4 – Cost of the Work 77 General Requirements PART 4 – COST OF THE WORK. 4.4.1 Definition. The term "Cost of the Work" is defined in Paragraph 1.1.9.22, and includes costs necessarily incurred by CM/GC in the proper performance of the Work, but such costs shall not include CM/GC’s Fee or CM/GC Overhead Costs and Expenses. Such costs shall include or be limited by the items set forth in this Part and otherwise in this Contract. Notwithstanding anything to the contrary herein, CM/GC’s Construction Contingency shall be considered Cost of the Work. 4.4.2 Intentionally Omitted. 4.4.3 Construction Phase Services. “Actual Cost” as used in this Contract shall consist of all costs, except those costs excluded by Article 4.4.4, necessarily incurred by the CM/GC in the proper performance of the Work or services described in the Contract Documents (including this Contract) for which records required by the Contract Documents are established contemporaneously with the incurring of such cost and are maintained, and which are not otherwise reimbursed or recovered by CM/GC. Provided that the specifically included rates for personnel and wages included in the GMP are agreed upon by the parties and for ease of administration not auditable hereunder. Such Actual Costs shall be at rates not higher than the standard paid in the locality of the performance required by the Contract Documents, except upon the prior written consent of the Owner. The Owner will pay the CM/GC for the following Actual Costs incurred during the Construction Phase of the Project, consistent with the approved GMP: 4.4.3Actual Wages. Actual wages paid for labor under applicable collective bargaining agreements, or under a wage schedule, not to exceed the prevailing wage rate in the area, agreed upon by the Owner and CM/GC and including such Owner-approved welfare or other benefits, if any, as may be payable with respect thereto. 4.4.32 No Changes. No change in such wage schedules shall be made by CM/GC without prior approval by Owner in advance. Employees of CM/GC who are engaged at shops or on the road in expediting the production or transportation of materials or equipment in connection with the performance of the Work shall be considered stationed at the field office and their wages paid for that portion of their time spent on such performance. The Owner shall be furnished with a list of employees whom the CM/GC assigns to the performance of Work or services under this Contract with an indication of the wages of each employee. The aforesaid employees shall be paid on the basis of time cards to which the Owner shall have ready access. 4.4.3.3. Employee Taxes. Cost of contributions, assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the CM/GC and included in the Actual Cost under Paragraphs 4.4.3.1 and 4.4.3.2. 4.4.3.4. Cost of Materials, etc. The cost of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workers that are used or consumed in the performance of the Work, less the salvage or residual value on such items used but not consumed on the Work that remain the property of the CM/GC. Cost of Materials shall include, without limitation, the costs of inspection and testing not furnished by the Owner, storage and handling; 4.4.3.5 Sales Taxes. Sales, use or similar taxes for which CM/GC is liable and imposed by any governmental authority due to or in connection with the performance of the Work or services required hereunder. 4.4.3.6 Trade Contractors. The cost of all Work performed by Trade Contractors or Suppliers for Work performed or materials procured pursuant to Trade Contracts entered into in accordance with this Contract and subject to the limitations stated in the Contract Documents. 4.4.3.7 Intentionally Omitted. 4.4.3.8 Intentionally Omitted. 4.4.3.9 Royalties. Royalties and license fees payable under any patents. 4.4.3.10 Rental Charges. When approved by Owner in advance, (a) rental charges of all necessary equipment used at the Site of the Project, exclusive of hand tools owned by workers or included in Paragraph 4.4.3.4 above, whether rented from the CM/GC or others, including loading and unloading, installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation, insurance and delivery costs thereof, at rental charges consistent with those prevailing in the area, during their use on the Work and (b) wages of operating engineers for the operation of such equipment, subject in each case [item (a) and (b)] to the limitations stated in Contract Documents. Rental rates for rental of heavy equipment and hourly rates of operating engineers provided directly by the CM/GC or by any Trade Contractor or Supplier shall not exceed the rates approved by Owner in accordance with Article 3.2.13.5. Section 4 – Compensation Part 4 – Cost of the Work 78 General Requirements 4.4.3.11 Insurance Premiums. The costs of premiums for all bonds, the cost of insurance (including Workers’ compensation insurance) covering risks related solely to the Project, and the pro rata cost of insurance (including Workers’ compensation insurance) covering such Project risks and other risks, which bonds and insurance the CM/GC is required by the Contract Documents to purchase and maintain. 4.4.3.12 Permits, Fees, etc. Permits, fees, licenses, tests, royalties, sales, use, or any other such taxes, tariffs or duties related to the Work for which the CM/GC is responsible, but not including any fines or interest due to CM/GC’s failure to meet legal requirements associated with such items. Fees and assessments for the building permit and impact fees (as included in approved Guaranteed Maximum Price Proposal) and for other permits, licenses and inspections for which CM/GC is required by the Contract Documents to pay. 4.4.3.13 Field Office Costs. All costs associated with establishing, equipping, operating, maintaining and demobilizing the field office; 4.4.3.14 Utility Costs. The cost of utilities, such as water, power, fuel, sewer, etc., (unless provided by Owner) required for CM/GC’s operations at the Project Site and fuel consumed in the generation of electrical power or in the operation of equipment required in the CM/GC’s operation at the Project Site, except to the extent such costs are included in the rental rates for such equipment in accordance with this Contract. 4.4.3.15 Demolition Costs. Cost of demolition, if any, and removal of non-hazardous materials, debris and waste materials; 4.4.3.16 Test Fees. Fees of testing laboratories for tests required by the Contract Documents not paid for by the Owner. 4.4.3.17 Reproduction Costs. Costs of reproduction of plans, Specifications, and other documents required for the construction of the Project. 4.4.3.18 Telephones, etc. The cost of telephone service (including toll charges), office equipment, and office furnishings, and similar items incurred in the operation of the Project field office. 4.4.3.19 Safety Plan. Cost incurred in the implementation of Project Site safety and security plans. 4.4.3.20 Deposits. Deposits lost for causes other than the CM/GC's negligence or the negligence of a Subcontractor or other entity for which the CM/GC is responsible hereunder. 4.4.3.21 Final Clean-up. Costs of final clean-up of the Project. 4.4.3.22 Emergency Costs. Any and all costs incurred due to an emergency affecting the safety of persons or property and related to the performance of the Work; provided such emergency is not caused by negligence on the part of the CM/GC or any entity for whose acts the CM/GC is responsible hereunder. 4.4.3.23 Other. Other costs approved in advance by the Owner. 4.4.4 Limitations on the Cost of the Work. If an “Actual Cost of Work” item is listed in Exhibit R, reimbursement therefor shall be achieved solely through the CM/GC Overhead Costs and Expenses payment and any Time Dependant Overhead amounts added to the contract. All costs not identified in Articles 4.4.2 and 4.4.3 shall be considered a part of the CM/GC’s Fee. Without limiting the effect of the foregoing, the following items are specifically excluded from the Cost of the Work: 4.4.4.1 Intentionally Omitted. 4.4.4.2 Salaries. Wages and salaries paid by CM/GC for officers, directors, and partners of CM/GC, whether or not stationed at the Site field office, or for officers, directors, partners or employees of CM/GC performing Basic Services in the main or branch offices in any capacity whatsoever except as provided in Paragraph 4.4.3.2. Salaries and other compensation of CM/GC's personnel stationed at CM/GC's principal office or offices other than the Site, unless agreed to by Owner or as noted in Paragraph 4.4.3.2 above. 4.4.4.3 Employment Taxes. Costs of contributions, assessments, or taxes for such items as unemployment compensation and social security paid by CM/GC, insofar as such costs are based on wages, salaries, or other remuneration paid to officers, directors, partners, or employees of the CM/GC under Paragraph 4.4.4.2. Section 4 – Compensation Part 4 – Cost of the Work 79 General Requirements 4.4.4.4 Office Expenses. All costs associated with establishing, equipping, operating, maintaining, and demobilizing CM/GC's main office costs and offices other than the Site office, except as provided in Paragraph 4.4.3.11. 4.4.4.5 Overhead Expenses. Overhead and general expenses, except as may be expressly included in Articles 4.1.1.2, 4.4.2 and 4.4.3, above. 4.4.4.6 Capital Expenses. CM/GC's capital expenses, including interest on capital employed either in CM/GC's plant or for expenditures incurred in connection with the Work. 4.4.4.7 Transportation. Costs of transportation, traveling, and temporary accommodation expenses of employees, officers, or other staff of CM/GC, except as provided in Paragraph 4.4.3.19. 4.4.4.8 Relocation Expenses. Relocation costs for any employees, officers, or other staff or CM/GC, except as provided in Paragraph 4.4.3.19. 4.4.4.9 Profit Sharing. Profit sharing, bonuses, or other similar compensation of any kind paid by CM/GC to its employees. 4.4.4.10 Fines, Penalties, etc. The cost of all fines and penalties, including interest thereon, assessed against CM/GC by any federal, state or local government or quasi governmental authorities. 4.4.4.11 Lost or Stolen Equipment. The cost of replacing lost or stolen equipment of any kind, tools, including hand and small tools, or materials of any kind. 4.4.4.12 Undocumented Costs. Costs for which records required by this Contract are not established or maintained. 4.4.4.13 Negligent Costs. Costs which arise as a result of the default, breach, delinquency, oversight, negligence, or lack of due care by CM/GC or any of its employees, servants, consultants, officers, Trade Contractors, Suppliers or any other person or party which performs services for the CM/GC in connection with the Work, except as provided in Article 4.4.5. 4.4.4.14 Legal Fees. Legal fees, except as provided in Article 4.4.5. 4.4.4.15 Contingency Costs. Any contingency cost not covered by Article 4.4.5. 4.4.4.16 Other Costs. Any cost not specifically and expressly described in Articles 4.4.2 and 4.4.3 above. 4.4.4.17 Costs in Excess of GMP. Costs which would cause the Guaranteed Maximum Price, if any, to be exceeded. 4.4.5 CM/GC’s Construction Contingency Costs. As provided in this Article 4.4.5, but only prior to the Design Professional's Certificate of Final Completion, the CM/GC shall be entitled to payment for all actually incurred and reasonable CM/GC’s Construction Contingency Costs, as listed in this Article 4.4.5 and incident to the performance of Work under this Contract, provided that such CM/GC’s Construction Contingency Costs are not otherwise reimbursed or recovered by CM/GC, that records required hereunder are established contemporaneously with the incurring of the cost and are maintained, and that such CM/GC’s Construction Contingency Costs shall not in the aggregate exceed the CM/GC’s Construction Contingency Component of CM/GC’s Component Change Order or of the GMP Change Order, as the case may be, as adjusted pursuant to Articles 4.4.6 and 4.4.7. CM/GC shall not be entitled to payment for CM/GC’s Construction Contingency Costs which are attributable to CM/GC's gross negligence or willful misconduct. CM/GC’s Construction Contingency Costs may include the following: 4.4.5.1 Unanticipated Events. Costs arising from unanticipated events, including, for purposes of illustration, unanticipated local market labor or materials conditions; 4.4.5.2 Trade Proposer Defaults. Costs incurred as a result of defaults by proposers who submit proposals to CM/GC for Trade Contracts or as a result of defaults by Trade Contractors or Suppliers. 4.4.5.3 Omissions and Oversight. Interfacing omissions between and from the various Work contingents of the CM/GC and oversight of Non-Compliant Work to the extent not recoverable from the Trade Contractor, its surety or insurance. 4.4.5.4 Legal Fees. Legal fees incurred by CM/GC in connection with the performance of its services under this Contract but in no event legal fees incurred in the negotiation of, or any dispute arising out of, the relationship between Owner and CM/GC. Section 4 – Compensation Part 4 – Cost of the Work 80 General Requirements 4.4.5.5 Acceleration Costs. Subject to the limitations stated in this Paragraph, costs incurred or charged by CM/GC to accelerate the performance of Work by a Trade Contractor so as to achieve Final Completion of such Work in advance of the time stated for same in the applicable Trade Contract. Costs incurred under this paragraph shall be within the discretion of the CM/GC. However, if significant acceleration is required, CM/GC will advise Owner prior to incurring significant acceleration costs. 4.4.5.6 Reexamination Costs. If Design Professional demands that Work be uncovered for inspection, Design Professional shall inspect any uncovered Work within 72 hours of receiving CM/GC’s notice of readiness for inspection under the Contract Documents. Costs for uncovering, reexamining, retesting and replacing any Work which the Design Professional demands be uncovered for its observation and which the Design Professional did not inspect within 72 hours of receiving CM/GC's notice of readiness for inspection under Contract Documents, so long as such Work, when uncovered, is found to be in accordance with the Contract Documents. 4.4.5.7 Liens. Subject to prior approval of the Owner and the surety, costs of liens against Subcontractors, pending recovery of costs from the Subcontractor at fault. 4.4.5.8 Time-Dependent Overhead Costs for Compensable Weather Delays: Pursuant to Section 3.5.8.4, CM/GC shall be entitled to bill the CM/GC’s Construction Contingency for Time-Dependent Overhead Costs attributable to compensable abnormal weather. 4.4.5.9 Estimating Errors: Errors or omissions in CM/GC’s estimating, preconstruction, pricing, GMP calculations, or other issues. 4.4.5.10 Damage to Work: Damage to the Work to the extent not otherwise compensated. 4.4.5.11: Correcting Deficient Work: Correcting deficient or otherwise non-compliant work. 4.4.5.12: Insurance Deductibles: The payment of insurance deductibles for losses resulting from the Project. 4.4.5.13 Other Items: Other items for which a construction manager’s or general contractor’s contingency is typically available. 4.4.6 Adjustments to CM/GC’s Construction Contingency. 4.4.6.1 Basis of Adjustments. The contingency costs incurred by CM/GC under Article 4.4.5 shall be reimbursable to CM/GC from the Construction Contingency. The amount of the CM/GC’s Construction Contingency shall be increased by the net amount of (i) the aggregate by which Trade Contracts entered by CM/GC are less than line item amounts stated in CM/GC's construction budget for each particular Trade Contract less (ii) the aggregate amount by which Trade Contracts entered by CM/GC exceed the line item amount stated in CM/GC's construction budget for each particular Trade Contract. All net amounts saved, if any, shall be added to the existing Construction Contingency amount and shall be available for all purposes permitted under Article 4.4.5. Funds from the Construction Contingency may not be encumbered by the CM/GC without written approval from the Owner, which approval shall not be unreasonably withheld. 4.4.6.2 Limitations on Adjustments. No Claim shall be made by CM/GC for any reason, including a default by Owner, or payment of additional compensation to CM/GC, or any other circumstance which would otherwise permit an increase in the Guaranteed Maximum Price under a GMP Change Order, for any Construction Contingency costs in excess of the established in the construction contingency cost item budgeted in the GMP Change Order or Component Change Order, as the case may be, plus any adjustments, as specified in Paragraph 4.4.6.1 above. . The Design Professional shall not have any authority to decide any such Claim other than to reject and thereby deny such a Claim. 4.4.7 Release of CM/GC’s Construction Contingency. 4.4.7.1 Periodic Review. After approval of the GMP Change Order, the Owner and the CM/GC shall review for approval each transfer to and from the Construction Contingency on a periodic basis as requested by the CM/GC, but not less than quarterly. The Owner shall determine if the transfer is in compliance with the Contract, and if so, the Owner shall not unreasonably withhold approval of the transfer. Additionally, the CM/GC shall periodically review its accrued and anticipated CM/GC’s Construction Contingency Costs and shall promptly inform Owner of CM/GC's determination of the extent to which the remaining CM/GC’s Construction Contingency exceeds CM/GC's reasonably anticipated Construction and Contingency Costs expected to be incurred prior to the issuance of a Final Certificate. CM/GC shall in good faith negotiate with Owner for the release of any surplus of CM/GC’s Construction Contingency over such anticipated CM/GC’s Construction Contingency Costs so as to permit Owner to enhance the Project; provided that any increase in CM/GC’s Construction Contingency in accordance with Section 4.4.6.1 shall not be released until Material Section 4 – Compensation Part 4 – Cost of the Work 81 General Requirements Completion. Any such release shall be confirmed by Change Order. Release of CM/GC’s Construction Contingency shall occur in a timely basis as to allow adequate decision making time for the Owner. 4.4.7.2 Confirmation of Balance. The amount of any balance of Construction Contingency shall be confirmed by the written certification of the CM/GC to the Owner at each review. 4.4.7.3 Gross Negligence. In no event shall CM/GC be entitled to reimbursement of any cost attributable to CM/GC's gross negligence or willful misconduct. 4.4.8 Final Disposition of CM/GC’s Construction Contingency. The amount of any funds remaining in CM/GC’s Construction Contingency upon the issuance of a Certificate of Final Completion of the entire Project, or upon the earlier termination of this Contract, shall be confirmed by the written certification of the CM/GC to the Owner at the time of the issuance of the Final Certificate, and any funds remaining in the Construction Contingency at the time of the issuance of the Final Certificate shall be returned to the Owner. 4.4.9 Owner Option. With respect to any furniture, equipment, or other capital items of a similar nature for which the Owner is to reimburse CM/GC its Actual Costs of acquisition, CM/GC shall, upon the termination or expiration of this Contract, and at the election of the Owner, either deliver such furniture, equipment and other capital items to the Owner, or shall credit to the Owner the depreciated (normal wear and tear only) value of such items that the Owner elects not to obtain. The CM/GC shall protect all such items during the term of this Contract against loss or damage other than normal wear and tear. 4.4.10 Discounts, Rebates, Etc. The CM/GC shall provide the Owner an opportunity to provide funds to take advantage of discounts for prompt payment of materials, supplies, equipment, etc. Any trade or quantity discounts, rebates, refunds, and/or proceeds from the sale of surplus materials or equipment shall be credited to reduce the Cost of the Work. [Remainder of Page Intentionally Left Blank] Section 4 – Compensation Part 5 – Liens 82 General Requirements PART 5 - LIENS 4.5.1 Public Property Not Subject to Lien. The CM/GC acknowledges that, pursuant to law, the Site is public property of City of Milton, Georgia and is not subject to lien or levy. The CM/GC will notify the Owner of any liens or levies against the Site of which it becomes aware. The CM/GC shall cooperate with the Owner and shall use its best efforts to assist in securing the release of any liens or levies of which it becomes aware. 4.5.2 Notice of Commencement. A Notice of Commencement shall be filed by the CM/GC with the Clerk of the Superior Court in the county in which the Project is located, pursuant to O.C.G.A. § 36-91-92. 4.5.3 Release of Liens. Neither any part of the retainage nor the Final Payment shall become due until the CM/GC, if required, shall deliver to the Owner (1) a complete release of all liens or conditional release of lien upon payment of claims arising out of this Contract in accordance with the Owner’s Final Affidavit and/or Subcontractor Retainage Release Certificate (a copy of which will be provided to any bidder on request), or (2) receipts in full in place thereof and, if required in either case, an affidavit that, so far as CM/GC has knowledge or information, the releases and receipts include all labor and materials for which a lien or claim could be filed; but the CM/GC may, if any Subcontractor or claimant refuses to provide a release, furnish a bond satisfactory to the Owner to indemnify the Owner against any lien or claim. If any lien or claim remains unsatisfied after all payments are made, the CM/GC shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorney's fees. [Remainder of Page Intentionally Left Blank] Section 5 – Contract Adjustments, Disputes and Termination Part 1 – Owner’s Right to Suspend Work 83 General Requirements SECTION 5 – CONTRACT ADJUSTMENTS, DISPUTES AND TERMINATION PART 1 -Owner’s Right to Suspend the Work 5.1.1 Owner’s Right to Suspend Work. The Owner reserves the right, with or without the concurrence of the Design Professional, to suspend the Work at any time or from time to time at the Owner's sole discretion, upon giving CM/GC five (5) days advanced written notice thereof. If the Owner exercises this right and then resumes the Work covered hereby, CM/GC shall be entitled, upon timely Claim to a Change Order, to payment by Owner of any reasonable Actual Costs incurred by CM/GC in connection with the suspension and resumption of the Work, provided that such costs must be approved in writing by Owner prior to being incurred, as well as to an extension in the time for performance of the Work to the extent CM/GC is delayed by Owner's suspension. 5.1.2 Owner’s Right to Stop Work. The Owner reserves the right, for itself and for any retained Owner’s Representative, upon observation of apparent Non-Compliant Work, to immediately stop the affected Work at any time by oral direction, at the Owner's sole discretion, with notice to be provided to CM/GC within 72 hours. If the Work is later determined by the Design Professional to be in fact Compliant Work, then CM/GC, for the period commencing 72 hours after the issuance of the initial stop Work order, shall be entitled, upon timely Claim to a Change Order, to payment by Owner of any reasonable Actual Costs incurred by CM/GC in connection with the stop Work order and resumption of the Work, provided that such amount shall be paid from the Owner’s Contingency and result in a Change Order. Further, CM/GC shall be entitled to a noncompensable extension in the time for performance of the Work to the extent CM/GC is delayed by Owner's stop Work order beyond the initial 72 hours. If the City of Milton, acting in its police and regulatory role and not as Owner, properly or justifiably stops the Work for any public purpose, such act shall not be attributed to the Owner for purposes of this Agreement. 5.1.3 Owner’s Rights Independent from Rights and Duty of the Design Professional. The rights granted to Owner under this Article are independent of the duty and obligation of the Design Professional to stop the Work for Non-Compliant Work or to issue orders of condemnation for Non-Compliant Work. [Remainder of Page Intentionally Left Blank] Section 5 – Contract Adjustments, Disputes and Termination Part 2 – Contract Adjustments and Disputes 84 General Requirements PART 2 – CONTRACT ADJUSTMENTS AND DISPUTES 5.2.1 General Provisions. 5.2.1.1 No Arbitration. There is no agreement to arbitrate any dispute arising under the Contract Documents. Any and all references to arbitration in any of the Contract Documents, including without limitation any exhibits, attachments or references, are hereby deleted and rendered null and void. 5.2.1.2 Continuation of the Work. Unless otherwise agreed in writing, and notwithstanding any other rights or obligations of either of the parties under any Contract Documents or Agreements, the CM/GC must carry on with the performance of its contract services and the Work, including all duties and obligations hereunder, during the pendency of any Claim, dispute, and other matter in question or during any alternative dispute resolution proceeding, court proceeding, or other proceeding to resolve any Claim, dispute, and other matter in question, and the Owner will continue to make payments in accordance with the Contract Documents. The Owner, however, is under no obligation to make payments on or against such Claims, disputes, and other matters in question during the time required to resolve such claims, disputes, and other matters in question. 5.2.2 General Claims for Contract Adjustments and Disputes. 5.2.2.1 General Claims of the CM/GC. Budgeting and cash flow being of material importance to the Owner, should the CM/GC suffer any injury or damage to person or property for which CM/GC reasonably believes a legal basis exists for liability on the part of the Owner or Design Professional, and should CM/GC believe that such injury or damage should result in an adjustment in the Cost of the Work or the Contract Time, CM/GC shall make such Claim in writing in the form of a Request for Change Order to the Design Professional within fourteen (14) days after such injury or damage is or should have been first observed. Any and all Claims not made within said fourteen (14) days are barred, waived, released, and discharged. The decision of the Design Professional is final and binding on both Owner and CM/GC unless the CM/GC protests the decision of the Design Professional. If the CM/GC protests the decision of the Design Professional, the CM/GC shall file a Statement of General Claim as set forth below. 5.2.2.2 Protest; Statement of General Claim; Time of Submission. No protest of a Claim decision of the Design Professional by the CM/GC, whether said Claim shall be accrued or prospective, shall be valid unless a "Statement of Claim" in writing and accompanied by vouchers and other supporting data shall have been filed with the Owner, by the CM/GC not later than thirty (30) days after the Design Professional’s decision to reject the Claim, time being of the essence. The "Statement of Claim" shall contain a concise and clear recital of the grounds and the legal basis upon which the claim is asserted, including a designation of the provision or provisions of the Contract Documents and the legal basis of liability on which the Claim is based. The Statement of Claim shall indicate the dollar amount of the Claim and the number of days of adjustment of the Contract Time. 5.2.2.3 Certain Claims Excluded from General Claims. 5.2.2.3.1 All Claims for Compensable Delay as defined in Article 3.5.8 must be filed and processed pursuant to Article 3.5.10 and are subject to the limitations of Articles 3.5.7 and 3.5.9 5.2.2.3.2 All Claims concerning designation of a Sole Source must be filed and processed pursuant to Articles 2.2.4 or 3.4.6 and are subject to the provisions and limitations therein. 5.2.2.3.3 All Claims concerning the Owner’s rejection of Construction Documents in conjunction with a Construction Document Change Order must be filed and processed pursuant to Article 2.2.3 and are subject to the provisions and limitations therein. 5.2.2.3.4 After execution of the GMP Change Order, all Claims to modify the Contract Time or extend the Material or Final Completion Date must be filed and processed pursuant to Article 3.5.10. 5.2.2.3.5 After execution of the GMP Change Order, all Claims to modify the Cost of Work or adjust the GMP must be filed and processed as a request for Change Order and subject to the processes and limitations set forth in Sections 3 and 4. If the requested Change Order is rejected, a protest may be made as set forth in Paragraph 5.2.2.2 above. Section 5 – Contract Adjustments, Disputes and Termination Part 2 – Contract Adjustments and Disputes 85 General Requirements 5.2.3 Dispute Resolution. 5.2.3.1 Initial Dispute Resolution. If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen (14) days of such referral. If the dispute is not settled by the senior administrators, the parties shall submit the dispute to mediation in accordance with Paragraph 5.2.3.2. 5.2.3.2 Mediation. If the dispute cannot be settled pursuant to Paragraph 5.2.3.1, the parties shall submit the dispute to mediation. The parties agree to conclude such mediation within sixty (60) days of electing mediation. The parties shall select a mutually agreeable mediator and shall share the cost of the mediator equally. Either party may terminate the mediation at any time after the first session, but the decision to terminate shall be communicated directly by the party’s representative to the other party’s representative and the mediator. 5.2.3.3 Multiparty Proceeding. All parties necessary to resolve a claim shall be parties to the same dispute resolution proceeding and shall share the costs equally. Appropriate provisions shall be included in all other contracts relating to the Work to provide for the consolidation of such dispute resolution procedures. 5.2.3.4 No Litigation. No litigation may be commenced without first following the process in this Article. Any litigation pursued in connection with or arising out of this Contract shall be filed in the Superior Court of Fulton County, Georgia after the filing party provides thirty (30) days written notice to the opposing party. The parties hereby agree that the Superior Court of Fulton County, Georgia shall have exclusive jurisdiction and venue in all matters concerning this Contract. [Remainder of Page Intentionally Left Blank] Section 6 – Project Completion5 – Contract Adjustments, Disputes and Termination Part 3 – Termination 86 General Requirements PART 3 – TERMINATION 5.3.1 Owner’s Right to Terminate Contract Without Cause. 5.3.1.1 Owner’s Right to Terminate. The Owner may terminate this Contract for convenience at its sole discretion and at any time, without cause and irrespective of whether or not CM/GC is in default of its obligations hereunder, upon providing written notice thereof to CM/GC at least thirty (30) calendar days in advance of the termination date. In the event of a termination for convenience, CM/GC shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third-parties, unless otherwise instructed by the Owner. Provided that no damages are due to the Owner for CM/GC’s failure to perform in accordance with this Contract, the Owner shall pay CM/GC for work performed in accordance with Article 5.3.1.2 through 5.3.1.4 below. The Owner shall have no further liability to CM/GC for such termination. Further, at its sole discretion, the Owner may pay the CM/GC for additional value received as a result of CM/GC’s efforts, but in no case shall said payment exceed any remaining unpaid portion of the Contract Sum. 5.3.1.2 Termination Prior to Entry of GMP Change Order. 5.3.1.2.1 CM/GC Fee. In the event such termination occurs prior to any Component Change Order, or after all Work under any issued Component Change Orders has been finally completed, the Owner shall pay CM/GC the sums due for the CM/GC Fee earned to the date of termination, For purposes of calculation, the CM/GC Fee shall be deemed earned only to the extent of an amount that bears to the total CM/GC Fee the same ratio that the Work in place at the time of termination bears to the total Work, as reasonably determined by the Design Professional. 5.3.1.2.2 Prior to GMP Change Order, Items for Which Payment Shall Be Made. In the event such termination occurs prior to the entry of the GMP Change Order, the Owner shall pay CM/GC the reasonable termination expenses for: (a) Intentionally Omitted; (b) Any unpaid Actual Costs, Contingency Costs and lump sum amounts due under Component Change Orders and actually incurred or earned to the date of termination; (c) Any other costs, not exceeding the unpaid balance of the aggregate of all approved Change Order and Component Change Order sums, attributable to the termination (including, by way of illustration only, cancellation charges owed to and other incurred obligations, commitments and claims of Trade Contractors or Suppliers) and for which CM/GC is not otherwise compensated; (d) The cost to CM/GC to terminate any lease of equipment (other than motor vehicles) required specifically for the purpose of providing services under this Contract, provided that prior notice of such acquisition was given to Owner, or fair compensation by purchase or rental (at Owner's election) for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost. 5.3.1.3 Termination After GMP Change Order. Should such termination occur after the entry of the GMP Change Order, the Owner shall pay CM/GC, up to the unpaid balance of the GMP, for: (1) all Actual Costs, Contingency Costs and lump sum amounts earned to the date of such termination; (2) all other costs attributable to the termination (including by way of illustration only cancellation charges owed to and other incurred obligations, commitments and claims of Trade Contractors or Suppliers) and for which CM/GC is not otherwise compensated; (3) a proportionate amount of CM/GC's Fee that bears to the total Fee under the GMP Change Order the same ratio that the Actual Cost and lump sum amounts due with respect to the Work in place at the date of termination bears to the Estimated Cost Component of the GMP Change Order; and (4) the cost to CM/GC to terminate any lease of equipment (other than motor vehicles) required specifically for the purpose of providing services under this Contract, provided that prior notice of such acquisition was given to Owner, or fair compensation by purchase or rental (at Owner's election) for any equipment retained by Owner, to the extent it has not already paid for same as an item of Actual Cost or Contingency Cost. Section 6 – Project Completion5 – Contract Adjustments, Disputes and Termination Part 3 – Termination 87 General Requirements 5.3.1.4 Condition Precedent to Payment. As a condition precedent to receiving the payment set forth in this Article 5.3.1, CM/GC shall deliver to the Owner all papers, documents, assignments and agreements relating to the Project, in particular the Construction Documents (including ownership and copyright thereof) as set forth in Article 1.7.9. 5.3.1.4.1 Assignment. If requested, CM/GC shall assign to the Owner or to an entity of Owner's choice all of CM/GC's contractual rights in respect to the Project, including but not limited to any agreements with Subcontractors or Suppliers, so that the assignee shall be fully vested with all rights and benefits of CM/GC under such papers, documents and agreements, together with releases and waivers of lien in the same manner as would be required upon Final Completion. Further, upon request, CM/GC shall assign to Owner or to the entity of Owner's choice all Trade Contracts entered into by CM/GC under Component Change Orders, and in that event the assignee shall be solely obligated to the Trade Contractors or Suppliers under such Trade Contracts for all sums payable thereunder and not previously paid by the Owner to CM/GC. 5.3.1.4.2 Cessation of Entitlement. Upon the CM/GC's assignment of agreements, contracts, Trade Contracts and/or Owner's payment of monies due CM/GC as provided in Subparagraph 5.3.1.4.1 above, CM/GC shall be entitled to no further compensation of any kind from Owner and shall have no further obligation with regard to the assigned agreements, contracts, or Trade Contracts. 5.3.2 Owner’s Right to Declare Default and/or Terminate Contract for Cause. 5.3.2.1 Owner’s Right to Terminate. Owner may declare the CM/GC to be in Default and terminate this Contract for cause, and without prejudice to any right or remedy, if CM/GC makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to Trade Contractors or Suppliers for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the Project, or if it fails to diligently prosecute the Work in accordance with the Owner’s Program, the Construction Documents, or the Contract Documents, or if it otherwise is guilty of a material violation of any provision of this Contract. The Owner shall give the CM/GC and Surety ten (10) days’ advance written notice of the Owner’s intent to declare default and the reasons therefore, and if CM/GC, or its Surety, fail to cure the default within that time period, or fail to commence and thereafter diligently prosecute the Work necessary to cure the default, Owner may declare the CM/GC to be in default and terminate this Contract immediately. The Owner may then make alternative arrangements for completion of the Project. The Owner reserves the right in termination for cause to take assignment of all contracts between the CM/GC and its Subcontractors, vendors, and Suppliers. The Owner will promptly notify the CM/GC of the contracts that the Owner elects to assume. Upon receipt of such notice, the CM/GC shall promptly take all steps necessary to effect each assignment. 5.3.2.2 Intentionally Omitted 5.3.2.3 Default or Termination after GMP. Upon default or termination of this Contract after entry of a Component Change Order or GMP Change Order, the Owner shall have the right to take possession of the Work, together with all materials, equipment, tools and improvements thereon and to finish the Work by whatever reasonable method the Owner may deem expedient. In such case, CM/GC shall not be entitled to receive any further payment until the Work is completed and shall take all necessary steps, including the legal assignment of its contract rights, as the Owner may require for the purpose of fully vesting in the Owner or the entity of Owner's choice with the rights and benefits of CM/GC under such obligations or commitments as the Owner may elect. Upon Final Completion of the Work governed by Change Orders then in force (including the GMP Change Order), CM/GC shall pay the Owner the amount, if any, that the (1) total cost of completing the Work governed by such Change Orders, plus (2) any damages recoverable by Owner for delays in completion, together with (3) amounts previously paid to CM/GC, exceeds the agreed upon maximum price stated in the Change Orders (including the GMP Change Order) in force at the time of said default or termination. If there is no such excess, the Owner shall pay CM/GC any portion of the Actual Cost and lump sum amounts due with respect to the Work completed by CM/GC prior to the termination for default and the CM/GC's Fee that has not previously been paid and that was owed to CM/GC at the time of termination under Change Orders then in force, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Contract minus the cost of completing the Project and the total amount paid by the Owner for completing the Work under such Change Orders, including all costs and damages incurred by the Owner as a result of any delay in completion, and all amounts previously paid to CM/GC, do not exceed the amount stated in the Change Orders (including the GMP Change Order) in force at the time of termination. 5.3.2.4 Owner’s Right to Prosecute the Work. Time being of the essence, if the CM/GC shall be declared in default or shall fail or neglect to carry out the Work in accordance with the Contract Documents, or fail to otherwise fully comply with its obligations under this Contract, both the CM/GC and the Surety agree that the Owner may, after giving the CM/GC and Surety twenty five (25) calendar days written notice, without prejudice to any other remedy and without invalidating the Section 6 – Project Completion5 – Contract Adjustments, Disputes and Termination Part 3 – Termination 88 General Requirements performance bond, make good such deficiencies and may deduct the cost thereof from payment due the CM/GC or at the Owner's option, the Owner may terminate this Contract and take possession of the Site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the CM/GC and finish the Work by whatever method the Owner shall deem expedient. 5.3.2.5 Effect of Later Judicial Determination. In the event a court of competent jurisdiction determines (or the parties agree to settle with a consent determination) that a termination for default is wrongful or not the fault of the CM/GC, the termination shall be considered to be a Termination Without Cause and the sole remedy available to the CM/GC shall be the contractual treatment of the termination pursuant to Article 5.3.1 above and without any other damages or relief. 5.3.3 CM/GC’s Right to Terminate. 5.3.3.1 CM/GC’s General Right to Terminate. If the Project, in whole or substantial part, is stopped for a period of thirty (30) days or more under an order of any court or other public authority having jurisdiction over the Project, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the CM/GC, or should the Work be suspended by Owner under Paragraph 5.1.1 for a period of more than forty-five (45) days, then the CM/GC may, upon seven (7) days' written notice to the Owner, terminate this Contract and, upon providing Owner with all releases and waivers of lien in the same manner as would be required upon Final Completion, recover from the Owner payment of (1) Actual Costs and lump sum amounts due for all Work properly executed or Project materials actually delivered to the Site for which title has been provided to Owner, (2) the CM/GC's Fee earned to date, and, (3) upon timely claim therefor, for any proven loss sustained or cost incurred related to termination of any lease of equipment (other than motor vehicles) required specifically for the purposes of providing services under this Contract, provided that prior notice of such acquisition was given to the Owner. 5.3.3.2 CM/GC’s Right to Terminate for Nonpayment. If the Owner fails to pay the CM/GC when payment is due, the CM/GC must give written notice of the CM/GC's intention to terminate this Contract. If the Owner fails to provide the CM/GC payment or written notice of a dispute as to the amount sought by the CM/GC within forty-five (45) days after receipt of the CM/GC's written notice, the CM/GC may terminate this Contract. Upon such termination the Owner will pay the CM/GC (1) the Actual Cost for the Work properly executed or Project materials actually delivered to the Site for which title has been provided to Owner, (2) the CM/GC's Fee earned to date, and, (3) upon timely claim therefore, for any proven loss sustained or cost incurred related to termination of any lease of equipment (other than motor vehicles) required specifically for the purposes of providing services under this Contract, provided that prior notice of such acquisition was given to the Owner. 5.3.3.3 Limitation on Fee. The CM/GC Fee shall be deemed earned only to the extent of an amount that bears to the total CM/GC Fee the same ratio that the Work in place at the time of termination bears to the total Work, as reasonably determined by the Design Professional and approved by the Owner. 5.3.4 Termination for Abandonment by CM/GC. Both the CM/GC and the Surety under any bond furnished for the Project agree that the Owner, after fourteen (14) calendar days’ written notice to the CM/GC, may terminate this Contract if the CM/GC abandons the Project. If such termination occurs, the Owner shall pay the CM/GC for Work completed and for the CM/GC's actual expenses for materials, equipment, tools and machinery, less any costs the Owner incurs in re- contracting and the start-up of a replacement for the CM/GC, which amount shall be reasonably determined by the Design Professional and approved by the Owner. 5.3.5 Notices of Termination. Notwithstanding any other provision of this Contract, if the either party elects to terminate this Contract regardless of reason, the terminating party will issue a written Notice of Termination or Notice of Default to the terminated or defaulted party by Certified Mail, Return Receipt Requested. 5.3.6 Duties Upon Termination. Upon termination the CM/GC shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the Owner all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the CM/GC in performing this Contract, whether completed or in process, in the form specified by the Owner. 5.3.7 Cumulative Remedies. Except as otherwise provided herein, each right and remedy provided for in this Contract shall be cumulative and shall be in addition to every other right or remedy provided for in this Contract as now or hereafter existing, at law, or in equity, or by statute, or otherwise, and the exercise or beginning of the exercise of any one or more of the rights or remedies provided for in this Contract as now or hereafter existing, at law, or in equity, or by statute, or otherwise shall not preclude the simultaneous or later exercise of any or all other rights or remedies provided for in this Contract as now or hereafter existing, at law, or in equity, or by statute, or otherwise. Section 6 – Project Completion Part 2 – Final1 – Material Completion 89 General Requirements SECTION 6 - PROJECT COMPLETION PART 1 – MATERIAL COMPLETION 6.1.1 Prerequisites. 6.1.1.1 No Incomplete Work. The CM/GC must attain Final Completion prior to any occupancy of the Project; provided that Owner may occupy the Project prior to completion of Permitted Incomplete Work where appropriate and upon agreement of the parties pursuant to Section 6.1.1.3 below. 6.1.1.2 Completion of Components. The Owner does not intend to accept partial occupancy of Components. All Components of the Project must achieve Final Completion. 6.1.1.3 No Partial Occupancy. In the event partial occupancy becomes appropriate, which decision shall be at the sole discretion of the Owner, a Change Order will be executed, and partial occupancy will be governed by the following: 6.1.1.3.1 Written Agreement Required. The Owner may obtain beneficial use and occupancy of any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the CM/GC by Change Order, provided such use and occupancy is consented to by the insurer providing property insurance coverage, is authorized by public authorities having jurisdiction over the Work, and a written agreement establishing such occupancy is made in accordance with this Paragraph. Such partial use and occupancy may commence whether or not the portion is finally complete, provided the Owner and CM/GC have agreed in writing by Change Order (a) to the commencement date for such partial use and occupancy, describing the portion of the Work covered by such use and occupancy, (b) to the respective responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and (c) to the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the CM/GC to partial use and occupancy shall not be unreasonably withheld. No use or occupancy by the Owner of any portion of the Work shall be deemed use or occupancy unless the written agreement required hereunder is executed. 6.1.1.3.2 Inspection. Immediately prior to such partial use and occupancy, the Owner, the CM/GC and the Design Professional 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. 6.1.1.3.3 Effect. Partial use and occupancy of a portion or portions of the Work shall not constitute acceptance of Work not complying with requirements of the Contract Documents. 6.1.2 Material Completion. 6.1.2.1 Material Completion Defined. Material Completion is when the Work is complete in accordance with the Contract Documents so that any remaining Work includes only Minor Items that can be completed or corrected within the following thirty (30) calendar days, Permitted Incomplete Work that will be completed by the date agreed upon by the parties, and any Warranty Work. Material Completion shall require complete operation of all applicable building systems including, but not limited to, mechanical, electrical, plumbing, fire protection, fire alarm, telecom, data, security, elevators, life safety, and accessibility. The Work shall be complete except for Minor Items or Permitted Incomplete Work (defined below) or Warranty Complaint Items (see Article 6.6.3). 6.1.2.1.1 Minor Item Defined. A Minor Item is a portion or element of the Work that can be totally complete within thirty (30) calendar days. 6.1.2.1.2 Permitted Incomplete Work Defined. Permitted Incomplete Work is work that is incomplete through no fault of the CM/GC, as determined by the Owner, including, but not limited to, seasonal test and balance, seasonal landscaping, scheduled elevator inspection or maintenance, incomplete Work due to failure of Separate Contractors to complete Work, and the like. 6.1.2.2 When Material Completion Required. Material Completion shall be achieved by the Material Completion Date, as provided in Paragraph 7 of the Contract and as may be amended. 6.1.2.3 Effect of Material Completion. The Liquidated Damages daily rate is reduced to zero. Section 6 – Project Completion Part 2 – Final1 – Material Completion 90 General Requirements 6.1.2.4 Liquidated Damages. Should Material Completion not be achieved by the Material Completion Date, as amended, Liquidated Damages at the specified daily rate in Paragraph 8 of the Contract begin to accrue and are payable on the day immediately following the Material Completion Date required by this Contract and shall continue to accrue and be payable each day thereafter until Material Completion is accomplished. [Remainder of Page Intentionally Left Blank] Section 6 – Project Completion Part 3 – Inspections for2 – Final Completion of the Work 91 General Requirements PART 2 – FINAL COMPLETION 6.2.1 Final Completion. 6.2.1.1 Final Completion Defined. Final Completion is the completion of all Work, including completion of all Minor Items as defined in Section 6, Part 1, except any Warranty Work, as provided herein. Final Completion shall be evidenced by the Design Professional’s Certificate of Final Completion, a form of which is attached hereto as Exhibit N and incorporated herein by reference. Final Completion should include completion of Permitted Incomplete Work, as defined in Section 6, Part 1, for which the reason that the Work was incomplete has been removed. 6.2.1.2 When Final Completion Required. Final Completion shall be obtained not later than thirty (30) days after the Material Completion Date, as amended, provided that Permitted Incomplete Work shall be completed as expeditiously as possible, but not later than a date established by the Design Professional. The Design Professional’s Certificate of Final Completion shall not be issued until all Permitted Incomplete Work is completed. 6.2.2 Effect of Achieving Final Completion. Upon the date when Final Completion is achieved and the Design Professional’s Certificate of Final Completion is issued, the following matters are conclusively determined: 6.2.2.1 Project Completion. The Project and the W ork (other than any Warranty Work) are complete. 6.2.2.2 Occupancy of the Work. The Owner may immediately occupy the Work without restriction. 6.2.2.3 Warranty Periods. All warranties begin to run from the date Final Completion is achieved, subject to any agreement made pursuant to Section 6.1.1.3.1. 6.2.2.4 Utilities. All utilities become the responsibility of the Owner. 6.2.2.5 Insurance. The Owner is responsible for all insurance for the Project. 6.2.2.6 Payment for Final Completion. The CM/GC may request payment of the remaining Contract Sum including but not limited to retainage, less amounts credited the Owner or incurred as Liquidated Damages. 6.2.3 Effect of Failure to Achieve Final Completion. 6.2.3.1 Notice and Effect of continued Failure to Achieve Final Completion. Should Final Completion not be achieved within the time specified, the Owner will issue to the CM/GC a fourteen (14) day notice as a final warning to complete the Work. If Final Completion is not achieved by the end of the 14th day from the date of the Notice, the following matters are conclusively determined, subject to any request for extension of time as set forth in paragraph 6.2.3.2 below: 6.2.3.1.1 Breach of Covenant of Time. As time is of the essence in the completion of the Work, the CM/GC is in breach of the covenant of time and is subject to default. 6.2.3.1.2 Ineligibility to Bid Upon City Contracts. The CM/GC is ineligible to bid upon any contract invitation to bid of City of Milton, Georgia. In the event a bid has been submitted but the bid award has not been made, the CM/GC’s ineligibility requires that its bid be rejected. 6.2.3.1.2.1 Automatic Restoration of Eligibility to Bid. The CM/GC’s eligibility to bid upon City of Milton contracts shall be restored automatically as of the date of achievement of Final Completion as evidenced by the Certificate of Final Completion. 6.2.3.1.2.2 Application to Reinstate Eligibility to Bid. The CM/GC’s eligibility to bid upon City of Milton contracts may be reinstated upon the following: (a) A written application to the Owner, not earlier than 18 months after the date of failure to achieve Final Completion, requesting reinstatement of eligibility, and (b) The showing of good and just cause why the CM/GC’s eligibility should be reinstated, or that there is good and just cause to believe that the achievement of Final Completion was impossible to the extent that determination of ineligibility was improvident. Section 6 – Project Completion Part 3 – Inspections for2 – Final Completion of the Work 92 General Requirements (c) The Owner may, upon written request, permit the CM/GC to make a personal presentation upon the application to and approval by the City of Milton City Council. 6.2.3.2 Extension of Time for Final Completion. The CM/GC may file a request for an additional extension of time in the manner prescribed in Section 3, Part 4, and the effects of failure to achieve Final Completion shall be suspended until the Design Professional’s decision is provided. Should the Design Professional suggest approval of the application for extension of time generally, and should the Owner approve same (or grant the Design Professional written authority to approve same), the time for achieving Final Completion shall be adjusted accordingly. Should the Design Professional suggest approval of the application for extension of time for a specific item of Work, and should Owner approve same (or grant the Design Professional written authority to approve same), that item of Work shall be deemed Permitted Incomplete Work with a specific individual final completion date. [Remainder of Page Intentionally Left Blank] Section 6 – Project Completion Part 3 – Inspections for Completion of the Work 93 General Requirements PART 3 – INSPECTIONS FOR COMPLETION OF THE WORK 6.3.1 General Responsibility of the CM/GC for Inspection. The CM/GC acknowledges and agrees that he has an indivisible, non-delegable, and nontransferable contractual obligation to the Owner to make his own inspections of the Work at all stages of construction, and he shall supervise and superintend performance of the Contract in such manner as to enable him to confirm and corroborate at all times that all Work has been executed strictly, literally, rigidly, and inflexibly in accordance with the methods and materials designated in the Contract Documents. The CM/GC’s inspections are also for the purpose of permitting the CM/GC to accurately represent that (a) his certifications on periodical estimates are true and correct and (b) his notices of readiness for inspections are true and correct. Accordingly, the CM/GC acknowledges and agrees that he may not defend or excuse any deviation from the Contract Documents on the ground (a) that the deviation was not brought to his attention by another person or party or other persons or parties or (b) that a Subcontractor is or Subcontractors are at fault. 6.3.2 Notice of Readiness for Inspection for Material Completion. 6.3.2.1 Preparation of Preliminary Punchlist. Prior to the Material Completion Date, as amended, the CM/GC shall correct all Non-compliant or Incomplete Work. 6.3.2.2 CM/GC’s Inspection and Notice. At such time as the CM/GC believes that the Work has progressed to the point that all remaining incomplete or Non-Compliant Work (other than Permitted Incomplete Work), can be completed or corrected within not more than thirty (30) days, the CM/GC shall perform an inspection of the Work. At the conclusion of this inspection, the CM/GC shall prepare a “Preliminary Punchlist” indicating Work that is either incomplete or not in compliance with the Contract Documents. A copy of the Preliminary Punchlist will be provided to the affected Subcontractors or Trade Contractors, the Design Professional and the Owner. When this Work has been corrected or completed to the extent that all remaining Work is Minor Items (that can be corrected or completed within thirty (30) days) or Permitted Incomplete Work (as defined in Section 6, Part 1), the CM/GC will send an updated punchlist to the Design Professional and Owner. After or simultaneously with the provision of this punchlist, the CM/GC shall provide a written notice to the Design Professional and the Owner, the “Notice of Readiness for Inspection for Material Completion”, requesting an inspection to determine Material Completion in the following words: The Work on the Contract for the [show name of Project as it appears in the Contract] having been materially completed, it is requested that an Inspection for Material Completion be made promptly by the Design Professional in accordance with Section 6 of the General Conditions. The Preliminary Punchlist, to the best of the CM/GC’s knowledge, is attached hereto. 6.3.2.3 In the event the CM/GC shall have issued the "Notice of Readiness for Inspection for Material Completion " prematurely, hereinafter referred to as a "false start," the CM/GC shall be liable for the damage resulting from the false start including, but not limited to, the salaries, professional fees, and travel and living expenses of the persons or parties inconvenienced by the false start. 6.3.3 Conducting the Inspection for Material Completion. 6.3.3.1 Initial Punchlist. The Design Professional shall conduct the Inspection for Material Completion. Upon receipt of the CM/GC’s notice, the Design Professional shall confirm the punchlist provided by the CM/GC and prepare a comprehensive list of items to be completed or corrected, adding or deleting such Minor Items or Permitted Incomplete Work as shall be appropriate. Where appropriate, the Design Professional shall assign completion dates for the items of Permitted Incomplete Work. Such a list is referred to as the "Initial Punchlist." The “Initial Punchlist" is defined as the list of items of required Work that, as a minimum, are to be accomplished for the CM/GC to achieve Final Completion of the Project; provided that such list shall not alter the responsibility of the CM/GC to complete all work in accordance with the Contract Documents. 6.3.3.2 Prompt Completion and Correction by CM/GC. The CM/GC shall proceed promptly to complete and correct items on the Initial Punchlist and all Supplemental Punchlists. Failure to include an item on any such list does not alter the responsibility of the CM/GC to complete all Work in accordance with the Contract Documents. 6.3.4 Certificate of Material Completion. Upon successful completion of the inspection, the Design Professional shall issue a Certificate of Material Completion, a form of which is attached hereto as Exhibit M and included herein by reference. If the Design Professional’s inspection, or observations by the Design Professional, discloses any item, whether or not included on the Initial Punchlist or any applicable Supplemental Punchlist, which is not in accordance with the requirements of the Contact Documents, the CM/GC shall, before issuance of any Certificate of Material Completion, complete or correct all items on the Initial Punchlist and any applicable Supplemental Punchlist so that the Project is substantially complete and Section 6 – Project Completion Part 3 – Inspections for Completion of the Work 94 General Requirements only Minor Items and Permitted Incomplete Work remain to be completed or corrected, which can be completed or corrected within not more than thirty (30) days, or as otherwise agreed. 6.3.5 Determination of Final Completion. 6.3.5.1 Final Completion of the Project. Final Completion of the Project shall occur when the Design Professional determines that (1) the entire Project and all of its systems, including access to the Project and any off-site Work required by the Contract Documents, are sufficiently complete and cleaned in accordance with the Contract Documents, (2) the required Certificates of Occupancy and other governmental approvals have been obtained, and (3) the Design Professional issues the Certificate of Final Completion. In order for the CM/GC to have achieved Final Completion of the Project, the Design Professional must have determined that the Owner is able to occupy the Project and all of the Site and utilize all building systems per the Contract Documents. The Project must also be properly cleaned as set out above (See Section 3.1.13).The Owner reserves the right to waive any of the above conditions for a part or all of the Project without relieving the CM/GC of any other responsibilities. CM/GC shall not stop or delay the Work because of a dispute regarding a proposed Certificate of Final Completion or the Owner's or Design Professional’s actions related to a proposed Certificate of Final Completion. 6.3.5.2 Notice from CM/GC. Upon completion of the items noted on the Initial and any Supplemental Punchlist, including all Minor Items and such Permitted Incomplete Items as are due to be completed, the CM/GC shall give to Design Professional and Owner notice requesting an Inspection for Final Completion using the following language: The Work on the Contract for the [show name of Project as it appears in the Contract] having been 100% completed, except for Permitted Incomplete Work not yet due to be completed, it is requested that an Inspection for Final Completion be made promptly by the Design Professional in accordance with Section 6 of the General Conditions. No Final Inspection shall be made until such time as the Design Professional has received a notice in the exact form indicated above and a copy thereof has been received by the Owner. At that time, CM/GC shall submit to the Design Professional a proposed Certificate of Final Completion for each portion of the Work CM/GC believes is, in fact complete. Each proposed Certificate of Final Completion must state the responsibility of each party for security, maintenance, heat, utilities, damage to the Work, and insurance, must include a list of any Permitted Incomplete Items to be completed or corrected, and must fix the time within which the CM/GC shall complete the items listed therein. Failure to include an item on any such list does not alter the responsibility of the CM/GC to complete all Work in accordance with the Contract Documents. The notice requesting the Inspection for Final Completion should be given upon completion of the Work (other than any Permitted Incomplete Work), which should occur within thirty (30) days of achieving Material Completion. 6.3.5.3 Final Accounting. At the time CM/GC gives a notice requesting an Inspection for Final Completion to the Design Professional, CM/GC shall submit to the Owner a final accounting showing the total Actual Cost of the Work in such form as the Owner may reasonably require, accompanied by the following: 6.3.5.3.1 Documentation. All documentation (in proper form) required to be submitted to the Owner pursuant to any provision of this Agreement; 6.3.5.3.2 Certificates. Certificates and other documents as may be required to demonstrate that all payrolls, bills for materials and equipment, and other indebtedness and liabilities connected with the Work for which the Owner or the property thereof might in any way be responsible have been paid or otherwise satisfied; 6.3.5.3.3 Waivers. 6.5.9.4.3.1 Liens. Subject to Paragraph 4.5.3, full waivers of lien and general releases (to the extent not theretofore submitted) issued by the CM/GC and by all Trade Contractors and Trade Suppliers who may claim through CM/GC or its Trade Contractors, in favor of the Owner and its designees; 6.5.9.4.3.2 Claims. Subject to Paragraph 4.5.3, full waivers of lien and general releases for any claim theretofore asserted for damages resulting from injury or death to any employee, Trade Contactor, or the public at large or for any other claims theretofore asserted which might constitute a lien upon the property of Owner; and 6.3.5.3.4 Full Accounting. A full accounting of the Actual Cost and Contingency Cost of the Work. The CM/GC shall be deemed to waive all rights to submit any claim for any cost incurred as of the date the request for final payment is submitted and for which proper documentation was not retained or does not exist; Section 6 – Project Completion Part 3 – Inspections for Completion of the Work 95 General Requirements 6.3.5.3.5 Drawings and Specifications. One complete set of marked up drawings and specifications showing actual locations of utilities and all changes and alterations made to the Work during construction; 6.3.5.3.6 Affidavits. The affidavit and bond set forth in subparagraphs 6.4.1.2.1 and 2; 6.3.5.4 In the event the CM/GC shall have issued the "Notice of Request for Inspection for Final Completion" prematurely, hereinafter referred to as a "false start," the CM/GC shall be liable for the damage resulting from the false start including, but not limited to, the salaries, professional fees, and travel and living expenses of the persons or parties inconvenienced by the false start. 6.3.5.5 The Design Professional may notify the CM/GC that it does or does not approve of a proposed Certificate of Final Completion. If the Owner rejects a proposed Certificate of Final Completion, the Design Professional, on behalf of the Owner, will provide CM/GC with written notice, as to the Owner's basis for rejecting a proposed Certificate of Final Completion. 6.3.6 Conducting the Interim Inspection for Punchlist Completion. Upon receipt of an application for an Inspection for Final Completion and the required documentation from CM/GC, the Design Professional shall conduct the Inspection for Final Completion accompanied by the CM/GC, Owner. The Design Professional shall confirm the items noted on the Initial and Supplemental Punchlists have been completed including all Minor Items. Upon successful completion of the inspection, the Design Professional shall issue a Report of Interim Inspection, noting any Permitted Incomplete Work which remains to be accomplished and the date by which it is to be completed. In the event all Permitted Incomplete Work has been completed at the time of this Interim Inspection, and the Design Professional so certifies, then this inspection shall be deemed an Inspection for Final Completion. In the event any Minor Item is determined to be incomplete, the Owner may give the fourteen (14) day notice of failure to complete the Work set forth in Article 6.2.3.1. 6.3.7 Conducting the Inspection for Final Completion. In the event that Permitted Incomplete Work remains after the Interim Inspection for Punchlist Completion, at such time when all such Permitted Incomplete Work has been completed or scheduled for completion, the Owner shall call for, and the Design Professional shall schedule, the Final Inspection with the Owner and CM/GC. The Design Professional shall conduct the Inspection for Final Completion and shall confirm that all Permitted Incomplete Work has been completed. Upon successful completion of the inspection, the Design Professional shall issue the Certificate of Final Completion and Final Payment, and any remaining funds withheld in accordance with Paragraph 4.3.5 (except the Warranty Retainage and as otherwise specifically provided herein) may, upon an Application for Payment, be paid to the CM/GC as provided in Article 6.5.14. A form of the Certificate of Final Completion is attached hereto as Exhibit N and incorporated herein by reference. Any Final Documents, including satisfactory test and balance reports on the heating, ventilating and air conditioning system and the facility operation and maintenance instructions and any other documents specified by the Design Professional in Division 1 of the Specifications,not yet submitted must be submitted with the application for Final Payment. In the event any item of Permitted Incomplete Work is determined to be incomplete and the date for its completion has passed, the Owner may give the fourteen (14) day notice of failure to complete the Work set forth in Article 6.2.3.1. 6.3.8 Final Notice of Non-Compliant Work. The Final Notice of Non-Compliant Work is issued as a result of the inspection for Final Completion and is also known as the Final Punchlist. Upon the completion or correction of this Non- Compliant Work (“Punchlist” work) the Design Professional, with the approval of the Owner, will issue the Final Completion Certificate. Costs associated with the repair or replacement of Non-Compliant Work will be at the CM/GC’s sole expense and shall not be deducted from the contingency funds of either the CM/GC or the Owner. 6.3.9 Certificates of Occupancy. The CM/GC shall obtain the Certificates of Occupancy. 6.3.10 Notification of Owner of Site Visits by the CM/GC or Trade Contractors. Following the successful completion of the Inspection for Final Completion, the CM/GC and his Trade Contractors or Subcontractors shall make no visits to the Site without first giving notice to the Owner. [Remainder of Page Intentionally Left Blank] Section 6 – Project Completion Part 4 – Final Payment Documents 96 General Requirements PART 4 – FINAL DOCUMENTS 6.4.1 Final Documents. 6.4.1.1 Final Documents Defined. Final Documents consist of all Contract Documents, including but not limited to Specifications, warranties, and guarantees required by the Contract Documents as well as the documents described below. 6.4.1.2 Minimum Specific Final Documents Required. Prior to beginning processing of the Application for Payment upon the Certificate of Final Completion, the following, must be submitted to the Owner: 6.4.1.2.1 Affidavit. A Final Affidavit in the exact form as shown in Section 7, Forms. 6.4.1.2.2 Intentionally omitted. 6.4.1.2.3 Marked-up Construction Documents. The CM/GC shall provide a complete set of Marked-up Construction Documents to the Design Professional, which set shall reflect all changes caused by Addenda, field changes, Change Orders, or observed changes by the CM/GC or Subcontractor(s) for the purpose of the Design Professional’s issuance of As Built Documents to the Owner. 6.4.1.2.4 Operation and Maintenance Data and Instructions and Training. The CM/GC shall furnish proper written instructions to the Owner on operation and maintenance of all mechanical and electrical equipment. The CM/GC shall provide training in the operation and maintenance of all mechanical and electrical systems to Owner in the presence of the Design Professional and shall give notice in writing to the Design Professional and Owner at least fifteen (15) days prior to the date it is proposes for the training. For all items of mechanical or electrical equipment or apparatus installed that require operation or maintenance after occupancy, the CM/GC shall furnish and deliver to the Owner complete brochures and data, as prepared and published by the manufacturers covering details of operation and maintenance. 6.4.1.2.5 Intentionally omitted. 6.4.1.2.6 Final Certification of Costs. For proper capital asset reporting of the Project, the CM/GC shall submit his Final Certification of Costs in the format set forth in Exhibit L. 6.4.1.2.7 Intentionally Omittted. Section 6 – Project Completion Part 4 – Final Payment Documents 97 General Requirements 6.4.2 Presentation of Final Documents. At the time of the Inspection for Final Completion, but in any event prior to the application for Final Payment, the CM/GC will provide the Owner with a three ring binder containing all of the Final Documents, warranties, and guarantees required by the Contract Documents. Included in the binder shall be the documents indicating the brand names actually used in the installation of the Work. 6.4.3 Keys. At the time of the Inspection for Final Completion, but in any event prior to the application for Final Payment, CM/GC shall deliver to Owner keys with tags indicating number and/or description of door or room each key is intended to fit attached to each key. CM/GC shall prepare and furnish with the keys an itemized key schedule in quintuplicate listing the door or room number and description, serial number of key, and number of keys being delivered for each door or lock. [Remainder of Page Intentionally Left Blank] 6 – Project Completion Part 5 – Payment for Material Completion and Final Payment 98 General Requirements PART 5 – PAYMENT FOR MATERIAL COMPLETION AND FINAL PAYMENT 6.5.1 Payment for Material Completion. Payment for Material Completion shall be due thirty (30) days after receipt by the Owner of the Application for Payment upon achievement and certification of Material Completion. Payment shall be made by a check payable jointly to the CM/GC and surety and shall be mailed to the surety. 6.5.2 Application for Payment for Material Completion. 6.5.2.1 Certification of CM/GC. Upon submitting its Application for Payment for Material Completion, the CM/GC shall certify, over his own signature, that the Work provided for by the Contract Documents has been completed under the terms and conditions thereof, , except for any Minor Items or Permitted Incomplete Work. 6.5.2.2 Supporting Documentation. 6.5.2.2.1 Financial Data. The CM/GC shall submit evidence satisfactory to the Design Professional that all payrolls, material bills, and other indebtedness connected with the Work have been paid. 6.5.2.2.2 Affidavit and Bond. The CM/GC shall attach copies of the affidavit and bond set forth in subparagraphs 6.4.1.2.1 and 2 above, execute the payment certification and forward it directly to the Design Professional. 6.5.3 Intentionally Omitted. 6.5.4 Intentionally Omitted. 6.5.5 Final Payment. Final Payment shall be due thirty (30) days after receipt by the Owner of the Application for Payment upon achievement and certification of Final Completion, provided that Final Documents must have also been submitted. Payment shall be made by a check payable jointly to the CM/GC and surety and shall be mailed to the surety. Owner shall process the Final Payment as expeditiously as possible in accordance with the certification of the Design Professional, but interest shall not accrue until sixty (60) days have elapsed from receipt, unless error is found in the application or supporting documents; provided that no interest shall accrue for items in dispute. 6.5.5.1 Certification of CM/GC. Upon submitting its Application for Final Payment, the CM/GC shall certify, over his own signature, that the Work provided for by the Contract Documents has been completed under the terms and conditions thereof, and that the entire balance of the Contract is due and payable. 6.5.6 Intentionally Omitted. 6.5.7 Incomplete Work. In the event any Work required hereunder is incomplete, and the Design Professional so certifies at the time it issues the Certificate of Final Completion, the Owner may, at its sole discretion and without terminating this Agreement, make payment of the balance due to the CM/GC hereunder, including the unpaid remainder of CM/GC’s Fee for the portion of the Work fully completed; and such payment shall be made under the terms and conditions governing final payment hereunder except that the Owner may retain an amount equal to 200% of the cost of the performance of such incomplete Work as estimated by the Design Professional. 6.5.8 No Substantial Completion. The Project must be finally complete before acceptance by the Owner. Substantial completion is not acceptable. 6.5.9 Final Completion of the Entire Project and Final Payment. Notice Required. When the entire Project, as defined in the GMP Change Order, is completed, CM/GC shall notify the Owner in writing of its intention to make an application to the Design Professional to certify Final Completion seven (7) days before the application is made. 6.5.10 Certification of CM/GC Before Final Payment. Before submitting its Final Application for Payment, CM/GC shall certify to the Owner the following: 6.5.10.1 Work Completed. Construction of the Project has been completed substantially in accordance with the Contract Documents, and all labor, services, materials, and supplies used in such construction have been paid or provided for; 6.5.10.2 Necessary Facilities Complete. All other facilities necessary in connection with the construction of the Project have been constructed, acquired, and installed substantially in accordance with the Contract Documents; 6 – Project Completion Part 5 – Payment for Material Completion and Final Payment 99 General Requirements 6.5.10.3 Work Paid For. All costs and expenses incurred as required by the Contract Documents, have been paid or provided for. The Design Professional shall certify (to the best of its knowledge and belief) the matters covered by the clauses above. 6.5.11 Payment. Upon the Design Professional’s issuance of a Certificate of Final Completion under Section 6, Part 5, Owner shall pay to CM/GC all amounts owed to CM/GC for Actual Costs, Contingency Costs or Fees earned but not yet paid CM/GC under the GMP Change Order, assuming all other conditions of the Agreement have been met. 6.5.12 Conditional Certificate. If a Certificate of Final Completion should be issued by Design Professional but for claims described in Paragraph 6.3.5.3.3, Design Professional may, with the prior approval of Owner, in Owner’s sole discretion, issue such Certificate, but Owner may condition such approval on the retention of such amounts from any sums due the CM/GC, the certificate of insurance coverage or the provision of such other security, as the Owner shall determine necessary or appropriate to protect the interests of the Owner. 6.5.13 Prerequisites to Payment. Neither final payment nor any amounts withheld pursuant to Section 4, Part 3 shall become due until the CM/GC submits to the Owner: 6.5.13.1 Final Affidavit. An affidavit (Final Affidavit) that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or Owner's property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied, including unconditional waivers and releases upon final payment from all Trade Contractors, Suppliers, material men, or other third parties that provided labor, services, equipment, or material to the Project. 6.5.13.2 Non-Collusion Affidavit. An affidavit (Non-Collusion Affidavit) a form of which is provided in Section 7. 6.5.13.3 Consent of Surety. Consent to final payment by any surety having issued a performance or payment bond for any Work; and 6.5.13.4 Other. Other data establishing payment or satisfaction of obligations, such as receipts, releases and waiver of liens, claims, security interests or encumbrances arising out of the Contract Documents, to the extent and in such form as may be designated by the Owner. 6.5.14 Disbursement of Retainage. The Retainage under this Agreement shall be disbursed only after: 6.5.14.1 Satisfactory Performance. This Agreement shall have been performed to the satisfaction of the Owner in accordance with the Contract Documents, as evidenced by the signature of Design Professional on the Final Application and Certificate of Payment and approval by the Owner. 6.5.14.2 Lien Waivers. Owner shall have received from the CM/GC a Georgia statutory Waiver and Released Upon Final Payment or an affidavit to the effect that it and all its Trade Contractors, Subcontractors, and suppliers of labor and materials have been paid in full (which Waiver and Rlease Upon Final Payment or affidavit must be in form and substance sufficient as a matter of law to dissolve all liens or claims of lien for labor or service performed or rendered and materials supplied or furnished, in connection with the construction and installation of the Project), and with respect to this Agreement, the CM/GC shall have provided to the Owner the Final Certificate of Occupancy for the building. 6.5.15 Failure to Provide Release or Waiver. If a Trade Contractor or other person or entity entitled to assert a lien against the Owner's property refuses to furnish a release or waiver required by the Owner, the CM/GC may furnish a notice from the surety on the payment bond that the lien is covered under the payment bond or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such liens remain after the Owner makes payments to the CM/GC in accordance with this Agreement, the CM/GC shall indemnify the Owner for all loss and cost, including reasonable attorneys' fees incurred as a result of any and all such liens. 6.5.16 Acceptance of Final Payment by CM/GC. Acceptance of final payment with respect to the Project shall operate as settlement, waiver, release, discharge and payment in full of all claims by the CM/GC against the Owner of any nature arising out of the Project. 6.5.17 Continued Right to Audit. Approval of an Application for Payment by the Owner shall not foreclose the right of the Owner to examine the books and records in accordance with the Contract Documents to determine the correctness and accuracy of any item. [Remainder of Page Intentionally Left Blank] 6 – Project Completion Part 6 – Correction of Work After Final Payment 100 General Requirements PART 6 – CORRECTION OF WORK AFTER FINAL PAYMENT 6.6.1 Non-Complying or Defective Work. Neither (1) the Design Professional's Certificate of Final Completion, nor (2) any decision of the Design Professional, nor (3) payment, nor (4) any provision in the Contract shall relieve the CM/GC of responsibility for faulty materials, faulty workmanship, or omission of Contract Work, and CM/GC shall remedy any defects or omissions resulting therefrom and pay for any damage to other Work resulting therefrom. 6.6.1.1 Notice of Non-Compliant or Defective Work. The Owner, or Design Professional, shall give notice of observed defects or omissions with reasonable promptness. Attached to or included within the notice shall be a Notice of Non- Compliant Work. 6.6.1.2 Correction of the Work. The CM/GC shall within the space of time designated in Notices of Non-Compliant Work and without expense to the Owner, correct, remedy, replace, re-execute, supply omitted Work, or remove from the premises all Work designated as Non-Compliant by the Design Professional. The CM/GC shall give prompt notice in writing to the Design Professional, with copy to the Owner, upon completion of the supplying of any omitted Work or the correction of any Work designated as Non-Compliant by the Design Professional. In the absence of said notice, it shall be and is presumed under this Contract that there has been no correction of the Non-Compliant Work or supplying of omitted Work. If the CM/GC does not remove, make good the deficiency, correct, or remedy faulty Work, or supply any omitted Work within the space of time designated in Notices of Non-Compliant Work without expense to the Owner, the Owner, after ten (10) days' notice in writing to the CM/GC, may remove the Work, correct the Work, remedy the Work or supply omitted Work at the expense of the CM/GC. In case of emergency involving health, safety of property, or safety of life, the Owner may proceed at once with correction of the Work without waiving any rights of the Owner. Correction of Defective Work executed under the plans and Specifications or supplying of omitted Work, whether or not covered by warranty of a Subcontractor or materialmen, remains the primary, direct responsibility of the CM/GC. The foregoing obligation of the CM/GC shall remain in effect until the expiration of the statute of limitations covering the Work. 6.6.2 Warranty and Guaranty. As additional security for the fulfillment of such obligation, but in no way limiting the same, the CM/GC warrants and guarantees (1) that all Work executed under the plans and Specifications shall be free from defects of materials or workmanship for a period of one year from the date of the Final Certificate of the Design Professional, and (2) that for not less than one year from the date of the Final Certificate of the Design Professional, or for such greater space of time as may have been designated in the Specifications, products of manufacturers shall be free from defects of materials and workmanship. Whenever written guaranties or warranties are called for, the CM/GC shall furnish the aforesaid for such period of time as may be stipulated. The aforesaid instruments shall be in such form as to permit direct enforcement by the Owner against any Subcontractor, materialmen, or manufacturer whose guaranty or warranty is called for. The CM/GC further agrees that: 6.6.2.1 Jointly and Severally Liable. The CM/GC is jointly and severally liable with such Subcontractors, materialmen, or manufacturers; and 6.6.2.2 Agents of the CM/GC. The said Subcontractors, materialmen, or manufacturers are agents of the CM/GC for purposes of performance under this article, and the CM/GC, as principal, ratifies the warranties or guaranties of his aforesaid agents by the filing of the aforesaid instruments with the Owner. The CM/GC, as principal, is liable for the acts or omissions of his agents. 6.6.2.3 Service of notice. Service of notice on the CM/GC that there has been breach of any warranty or guaranty will be sufficient to invoke the terms of the instrument. 6.6.2.4 Bind Subcontractors, etc. The CM/GC will bind his Subcontractor, materialmen, and manufacturers to the terms of this article. 6.6.2.5 Warranties No Limitation. The calling for or the furnishing of written warranties shall in no way limit the contractual obligation of the CM/GC to correct the Work as set forth in this Part. The remedies stated in this article are in addition to the remedies otherwise available to the Owner, do not exclude such other remedies, and are without prejudice to any other remedies. 6.6.2.6 Warranty Bonds. CM/GC shall also furnish certain Warranty Bonds, as described in Section 1.5.1. 6.6.3 Warranty Complaint Item Procedure. 6 – Project Completion Part 6 – Correction of Work After Final Payment 101 General Requirements 6.6.3.1 Notice of Warranty/Guaranty Complaint Items. The CM/GC, Design Professional, and Owner acknowledge that many malfunctions in building equipment and systems do not constitute Non-Compliant or defective Work as contemplated in Article 6.6.1 above. Accordingly, the Owner may provide notice of such apparent warranty Work by a Warranty Complaint letter, sent by statutory mail, or facsimile, or as otherwise allowed by Article 1.1.5 to the CM/GC. The letter should outline, in non-technical language, the complaint item. In emergency situations, the initial notification may be oral to a person or office designated by the CM/GC. The CM/GC shall respond promptly to all such notices. 6.6.3.2 Duty to Correct. In light of the above stated CM/GC’s warranty and guarantee, during the two year period of the warranty and guarantee, any defects of material or workmanship that become apparent shall be the responsibility of the CM/GC until and unless the CM/GC can show abuse or design defect. The CM/GC shall immediately correct all defects that become known during the two year period at no cost to the Owner unless notice is given to the Design Professional and Owner, prior to correcting the defect that the cause of the defect is the result of abuse or design deficiency. 6.6.3.2.1 Initial Response. When the Owner or the Design Professional notifies the CM/GC of a defect, the CM/GC will visit the Site to review the complaint within five (5) days and shall promptly correct the Work. If the CM/GC fails to respond within this time limit, the Owner may correct the defect or malfunction and charge the CM/GC for the Work. The CM/GC shall give notice in writing to the Owner when corrections have been completed. 6.6.3.2.2 Design Defect or Owner Abuse. If the CM/GC believes that a design defect or Owner abuse has caused the malfunction or defect, he will notify the Design Professional, and the Design Professional will issue a formal decision in his capacity as Design Professional and impartial interpreter of the conditions of the Contract. If it is determined the complaint is not the responsibility of the CM/GC, the CM/GC shall be promptly paid for the cost of the corrective Work. 6.6.3.2.3 Emergency Situations. If the condition is an emergency, this will be communicated to the CM/GC with the request that no matter what he finds, corrections are to be accomplished immediately. The CM/GC shall respond to the notice in emergency situations within twenty-four (24) hours. If the CM/GC fails to respond within this time limit, the Owner may correct the defect and charge the CM/GC for the Work. If it is determined the complaint is not the responsibility of the CM/GC, the CM/GC shall be promptly paid for the cost of the corrective Work; provided that the Owner must approve such changes in writing prior to being incurred (unless safety requires an immediate remedy, in which case the CM/GC shall immediately proceed with the corrective Work). The CM/GC shall give notice in writing to the Owner when corrections have been completed. 6.6,3.3 Inspection. An inspection shall be conducted by the Owner or its representative(s) near the completion of the of the two-year general warranty period to identify any issues that must be resolved by the CM/GC. Expiration of such two (2) year warranty period shall not affect the CM/GC’s continued liability under an implied warranty of merchantability and fitness or as otherwise provided by Article 6.6.1. [Remainder of Page Intentionally Left Blank] Section 7 Contract Forms Forms – 1 Forms SECTION 7 – CONTRACT FORMS FORMS INCLUDED: Performance Bond Payment Bond Certificates of Compliance – Federal and State Work Authorization Programs Non-Collusion Affidavit Final Affidavit Certificate of Insurance Subcontractor Retainage Release Certificate [Remainder of Page Intentionally Left Blank] Section 7 Contract Forms Forms – 2 Forms PERFORMANCE BOND CITY OF MILTON Bond No. ______________________ Project No. ____________________ KNOW ALL MEN BY THESE PRESENTS: That ___________________________________________________________ as principal (hereinafter referred to (Legal Name and Address of the CM/GC) as ("CM/GC"),and ________________________________________________ as CM/GC’s surety (hereinafter referred to (Legal Title and Address of Surety) as "Surety"), are held and firmly bound unto City of Milton as Obligee (hereinafter referred to as "Owner"), in the amount of _____________________________________________________ (Insert GMP Cost Limitation of GMP) _____________________ DOLLARS ($__________________________), lawful money of the United States of America, for payment of which the CM/GC and Surety bind Themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered, or is about to enter, into a certain written contract with the Owner dated the ________________ of ___________________, 20___, for construction of a project known as ____________________________________________________________ ( Here insert Name of Project) in accordance with Drawings and Specifications prepared by: _____________________________________, which (Full Name and Title) said contract is incorporated herein by reference in its entirety and made a part hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION are as follows: 1. That, if the CM/GC shall promptly, fully and completely perform and comply with each and all of the terms, provisions, requirements and conditions of said Contract, including and during but not limited to 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 CM/GC and Surety shall indemnify and hold harmless the Owner against and from any and all losses, liability and damages, expenses, injury or loss, claims, judgments, liens, cost and fees of every description, including but not limited to any damages for delay, which the Owner may incur, sustain or suffer by reason of the failure or default on the part of the CM/GC in the performance of any and all of the terms, provisions, and requirements of the Contract, including but not limited to all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, or by reason of any wrongdoing, including but not limited to patent infringement, misconduct, want of care or skill, default or failure of performance on the part of said CM/GC, his agents, subcontractors or employees, in the execution or performance of said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 2. That in the event of a failure of performance of the Contract by the CM/GC, which shall include, but not be limited to, any breach or default of the Contract: a.The Surety shall commence performance its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the Owner to the Surety; and b.The means, method or procedure by which the Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the Owner. 3. It is expressly agreed by the CM/GC and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the Work. 4. The said Surety to this bond, for value received, hereby stipulates and agrees that no change(s), omission(s), extension(s) of time, alteration(s) or addition(s) to the terms of the Contract or to the Work to be performed thereunder, or the Specifications or Drawings accompanying same, or the exercise of the Owner’s right to do Work, pursuant to the Contract (including but not limited to Articles 1.3.8, 1.7.8, 3.4.2, 3.6.2, 5.3.2 or 6.6.1.3), or advance payments or deferred payments in or about the Contract (collectively referred to as “Changes to the Contract”) Section 7 Contract Forms Forms – 3 Forms shall in any way affect its obligation on this bond, and Surety does hereby waive notice of any such change(s), extension(s) of time, alteration(s) or addition(s) to the terms of the Contract or to the Work or to the Specifications or Drawings, Owner’s decision to exercise its right to do Work, and advance or deferred payments on or about the Contract. In addition, the Surety to this bond, for value received, hereby agrees to the provisions of Article 1.5.1, including Paragraph 1.5.1.3 for increases in the penal amount of this bond, and waives notice from the Owner of any such changes. 5. Both the CM/GC and Surety agree that, pursuant to Article 5.3.4 of the Contract, the Owner, after fourteen (14) calendar days’ written notice to the CM/GC, may terminate the Contract if the CM/GC abandons the Project without affecting the Surety’s obligation on this bond. 6. For the purposes of this bond, the name and address of the responsible official of the Surety’s claims department, to whom correspondence and telecommunications may be addressed and/or with whom business concerning this bond may be conducted will be as follows: NAME TITLE __________________________________________________________________ ADDRESS CITY STATE ZIP CODE TELEPHONE 7. Further, this bond shall be the Performance Bond furnished under O.C.G.A. §§ 36-91-40, 36-91-70 and shall be subject to increase in the penal amount of the bond pursuant to such statutes and Article 1.5.1 of the Contract. 8.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. [SIGNATURES ON FOLLOWING PAGE] Section 7 Contract Forms Forms – 4 Forms IN WITNESS WHEREOF, the CM/GC 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, this day of ________, 2019. CM/GC (“Principal”): ___________________________ By: __________________________ (signature) __________________________ (print) Attest: Title: ___________________________ (SEAL) (*) _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ SURETY: _________________________ By: __________________________ (signature) __________________________ (print) Attest: Title: __________________________ (SEAL) (*)(*) _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) (*) Please apply seal of Corporation over Secretary’s Signature. (*)(*) Please apply seal of Surety and arrange for countersignature by a “Georgia Licensed Agent” of Surety pursuant to O.C.G.A. §33-23-5. Kindly show title of the aforesaid agent as “Georgia Licensed Agent.” Section 7 Contract Forms Forms – 5 Forms PAYMENT BOND CITY OF MILTON Bond No. ______________________ Project No. ____________________ KNOW ALL MEN BY THESE PRESENTS: That____________________________________________________________ as Principal (hereinafter referred to as the (Legal Title and Address of the CM/GC) "Principal") and ___________________________________________________________ as Surety (hereinafter referred to as “Surety”, ( Legal Name and Address of the Surety) are held and firmly bound unto City of Milton as Obligee (hereinafter referred to as "Owner") for the use and benefit of “Claimant,” as hereinafter defined, in the amount of: __________________________________________________________ DOLLARS ($__________________________) (Insert GMP Cost Limitation of GMP) lawful money of the United States of America, for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered, or is about to enter, into a certain contract with Owner dated for the construction of a project known as ______________________________________________ (hereinafter referred to as the “Work”) in accordance with the Drawings and Specifications prepared by: _________________________________________________, which contract is incorporated herein by reference in its entirety and made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials supplied, used or reasonably required in the performance of the Work provided for in said Contract, then this obligation shall be void; otherwise it shall remain in full force and effect. (1) The said Surety to this bond, for value received, hereby stipulates and agrees that no change(s), extension(s) of time, alteration(s) or addition(s) to the terms of the Contract or to the Work to be performed thereunder, or the Specifications or Drawings accompanying same, or the exercise of the Owner’s right to do Work, pursuant to the Contract (including but not limited to Articles 1.3.8,1.7.8, 3.4.2, 3.6.2 5.3.2 or 6.6.1.3) , shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change(s), extension(s) of time, alteration(s) or addition(s) to the terms of the Contract or to the Work or to the Specifications or Drawings. In addition, the Surety to this bond, for value received, hereby agrees to the provisions of Article 1.5.1, including Paragraph 1.5.1.3, for increases in the penal amount of this bond and waives notice from the Owner of any such changes. (2) A ”Claimant” is defined as any Subcontractor, person, Party, partnership, corporation or other entity supplying labor, services, materials, machinery, or equipment used or reasonably required for use in the prosecution of the Work provided for in said Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. (3) It is expressly agreed by the Principal and the Surety that the Owner, if he desires to do so, is at liberty to make inquiries at any time of Subcontractors, laborers, materialmen, or other parties concerning the status of payments for labor, materials, or services furnished in the prosecution of the Work. (4) Both the Principal and Surety agree that, pursuant to Article 5.3.4 of the Contract, the Owner, after fourteen (14) calendar days’ written notice to the Principal, may terminate the Contract if the Principal abandons the Project without affecting the Surety’s obligation on this bond. (5) For the purposes of this bond, the name and address of the responsible official of the Surety’s claims department, to whom correspondence and telecommunications may be addressed and/or with whom business concerning this bond may be conducted will be as follows: NAME TITLE __________________________________________________________________ ADDRESS CITY STATE ZIP CODE TELEPHONE Section 7 Contract Forms Forms – 6 Forms (6) Further, this bond shall be the Payment Bond furnished under O.C.G.A. §§ 36-91-40, 36-91-90 et seq. and shall be subject to increase in the penal amount of the bond pursuant to such statutes and Article 1.5.1 of the Contract. (7) In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. (8) 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 Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of __________, 2019. PRINCIPAL: ______________________________ By: __________________________ (signature) __________________________ (printed) Title: __________________________ (SEAL) (*) Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ SURETY: _________________________ By: _________________________ (signature) _________________________ (printed) Title: (SEAL) (*)(*) Attest: _____________________ (signature) _____________________ (printed) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) (*) Please apply seal of Corporation over Secretary’s Signature. (*)(*) Please apply seal of Surety and arrange for countersignature by a “Georgia Licensed Agent” of Surety pursuant to O.C.G.A. §33-23-5. Kindly show title of the aforesaid agent as “Georgia Licensed Agent.” Section 7 Contract Forms CONTRACTOR AFFIDVIT AND CERTIFICATE OF COMPLIANCE GEORGIA SECURITY AND IMMIGRATION CERTIFICATION (FEDERAL AND STATE WORK AUTHORIZATION PROGRAMS) STATE OF GEORGIA• COUNTY OF FULfON PROJECT NO. 18-PW04 PROJECT NAME: CITY OF MILTON COURT/POLICE AND FIRE FACILITIES CONTRACTOR AFFIDAVIT, CERTIFICATE AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor ("Contractor'), who, after being duly sworn, states, warrants, agrees and certifies as follows to City of Milton, Georgia ("Owner"): 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 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: v Federal Work Authorization User Identification Number I z- te I I (o Date of Authorization NSC Construction Company, LLC d/b/a New South Construction Comnanv. LLC. Name of Contractor City of Milton Court/Police and Fire Facilities Name of Project City of Milton, Georgia Name of Public Employer FURTHER AFFIANT SAYETH NOT, I hereby declare under penalty of perjury that the foregoing is true and correct. Forms Executed on June 26, 2019 in Atlanta (city), GA (state). NSC Consyuction Company, LLC d/b/a New Soutf Codtruction Comtianv, LLC. Officer or Agent HIMfly Gordon, President Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 26DAY OF June ,2019. NOTARY PUBLIC My Commission Expires: CATHERINE FRAZIERDAY yau~a "•' Notary Public, Geoig�a ;,y�r`r '= Fulton County '•,,cEOR��r = My COmmission Expires Forms — 7 November 25, 2022 Section 7 Contract Forms Forms - Forms SUBCONTRACTOR AFFIDAVIT AND CERTIFICATE OF COMPLIANCE GEORGIA SECURITY AND IMMIGRATION CERTIFICATION (FEDERAL AND STATE WORK AUTHORIZATION PROGRAMS) STATE OF GEORGIA; COUNTY OF ______________: PROJECT NO. 18-PW04 PROJECT NAME: CITY OF MILTON COURT/POLICE AND FIRE FACILITIES SUBCONTRACTOR AFFIDAVIT, CERTIFICATE AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned subcontractor, supplier or consultant (“Subcontractor”), who, after being duly sworn, states, warrants, agrees and certifies as follows to City of Milton, Georgia (“Owner”): 1. 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 _New South Construction Company, LLC._ (CM/GC) on behalf of 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 CM/GC 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 CM/GC. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 2. Subcontractor verifies and warrants it employs the following employees as of this date: Initials Number of Employees __________ Over 500 employees __________ 100 to 499 employees __________ 1 to 99 employees [SIGNATURES ON FOLLOWING PAGE] Section 7 Contract Forms Forms - Forms _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor City of Milton Court/Police and Fire Facilities Name of Project City of Milton,Georgia Name of Public Employer FURTHER AFFIANT SAYETH NOT. I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC My Commission Expires: _________________________________ Contract Forms NON-COLLUSION AFFIDAVIT STATE OF GEORGIA; COUNTY OF FULTON ____ H_u_n_tl�y_G_o_r_d_o_n _______ , being first duly sworn, deposes and says that: Section 7 (1)He is Huntly Gordon New South Construction Company, LLC. (the " Proposer (Owner, Partner, Officer, Representative, or Agent) of " (Proposer/Bidder)) that has submitted the attached Proposal (Proposal/Bid); (2)He is fully informed respecting the preparation and contents of the attached Proposal (Proposal/Bid) and of all pertinent circumstances respecting such Proposal (Proposal/Bid); (3)Such Proposal (Proposal/Bid) is genuine and is not a collusive of sham Proposal (Proposal/Bid); (4)Neither the said Proposer (Proposer/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 Proposer (Proposer/Bidder), firm or person to submit a collusive or sham Proposal (Proposal/Bid) in connection with the Contract for which the attached Proposal (Proposal/Bid) has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer (Proposer/Bidder), firm or person to fix the price or prices in the attached Proposal (Proposal/Bid) or of any other Proposer (Proposer/Bidder), or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against City of Milton or any person interested in the proposed Contract; and, (5)The price or prices quoted in the attached Proposal (Proposal/Bid) are fair and proper and arenot tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer (Proposer/Bidder) or any of its agents, representatives, owners, employees, or parties in interest, included in this affidavit. poser (Proposer/Bidder) has not directly or indirectly violated any law, ordinance or regulation Proposal (Proposal/Bid). Pr nted Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON T IS THE 26 DAY OF June . 2019. ���� � [NOT ARY SEAL] J{ C�ission Expires:--a.oac:r ,,••'W_,,,,,, CATHERINE FRAZIER �AY .:-••.,�tii;�"'\ Notary Public. Geo1g1a ::.,�:.:: Fulton County t ··:��\ § My Comm1ss1on E xp11 es ::i�.��;,,'' November 2 5, 2 02 2 Forms -10 FINAL AFFIDAVIT STATE OF GEORGIA; COUNTY OF _______________________________: FROM: ____________________________________ CM/GC TO: __________________________________ Owner Re: Contract entered into the _____ day of ______________, 20____, between the above-mentioned parties for the construction of Project No. ______________________ located at ______________________________ KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that all Work required under the above Contract has been performed in accordance with the terms thereof, that all Suppliers of materials, equipment and service, materialmen, Subcontractors, Trade Contractors, mechanics, and laborers employed by CM/GC or any of its Subcontractors in connection with the construction of the Project for City of Milton have been paid and satisfied in full as of __________________ _____, 20___, and that there are no outstanding obligations or claims of any character [including but not limited to disputed claims or any claims to which the CM/GC has or will assert any defense] arising out of the performance of the Contract, or the payment of which City of Milton might be liable, or subject to, in relation to the above-named Project in any lawful proceeding, that have not been paid and satisfied. 2. The undersigned further certifies that to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, Trade Contractors, or the public at large arising out of the performance of the Contract, or any suits or claims for any other damage of any kind, nature, or description that might constitute a lien upon the property of the Owner. 3. The undersigned makes this affidavit for the purpose of receiving final payment in full settlement of all claims against the Owner arising under or by virtue of the Contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the Contract. This ______ day of ____________________________, 20___________. ___________________________________ Signature ___________________________________________ Title ___________________________________________ Firm Personally appeared before me this _________ day of __________, 20___, the undersigned authority, _______________________________________ , who is known (NAME OF PERSON SIGNING AFFIDAVIT) to me to be an official of the firm of ________________________________ who, after being duly sworn, states and deposes on his ( NAME OF CM/GC) oath that he had read the above statement and that to the best of his knowledge and belief the same is an exact, true and correct statement. _________________________________________ Notary Public [NOTARY SEAL] My commission expires ____________________ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSD ADDL WVD SUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE $ $ $ $ $ 8M923RF7 08/01/2019 City of Milton, Georgia City of Milton City Council 2006 Heritage Walk Milton, GA 30004 1,000,000 1,000,000 404 497-7500 Zurich American Insurance Company B 1,000,000 25,000,000 26247 08/01/201908/01/2018 08/01/201908/01/2018 1,000,000 300,000 2,000,000 16535 A American Guarantee and Liability Insurance Company GLO489524815 Hired Physical Damage - ACV AUC0407535-00 A A 2,000,000 25,000,000 MCGRIFF, SEIBELS & WILLIAMS, INC. 3400 Overton Park Drive SE Suite 300 Atlanta, GA 30339 New South Construction Company 1180 West Peachtree Street, Suite 700 Atlanta, GA 30309 06/27/2019 08/01/2018 WC489525015 08/01/2018 1,000,000 08/01/2019 10,000 RE: Milton Court/Police & Fire Facilities City of Milton, Georgia is included as Additional Insured as respects insured's ongoing & completed operations for General Liability as required by written contract. Anyone liable for the conduct of an "insured" is an insured under the Auto Liability, but only to the extent of that liability If Additional Insured status is provided to any person or organization under the Primary Insurance, then Additional Insured status is extended under the Excess Liability coverage on the Umbrella policy. Waiver of Subrogation is in favor of the Additional Insured for the General Liability, Auto, Excess Liability and Workers' Compensation policies referenced herein as required by written contract. 1,000,000 BAP489524915 XX X X X X X X X X X X XX X Page 1 of 5 Additional Insured -Automatic -Owners, Lessees Or Contractors Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l.Prem Policy No. GLO 4895248-15 08/01/2018 08/0112019 28020000 INCL ZURICH Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: NEW SOUTH CONSTRUCTION COMPANY, INC. Ad dress (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A.Section II -Who Is An Insured is amended to include as an additional insured any person or organiza tion whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an addition al insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "product s-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the fo llowing additional exclusion applies: This insurance does not apply to: "Bodily injury", "property da mage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a.The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory , inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying servic es. Includes copyrighted material of Insu rance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of2 8M923RF7Page 2 of 5 C.The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1.We are notified as soon as pra cticab le of an "occurrence" or offense that may result in a claim; 2.We receive written notice of a claim or "suit" as soon as practicable; and 3.A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D.For the purposes of the coverage provided by this endorsement: 1.The following is added to the other Insurance Condition of Section IV -Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b. of the other Insurance Condition of Section IV-Commerc ial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F.With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. Includes copyrighte d material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 2 of2 8M923RF7Page 3 of 5 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'! Prem. Return Prem. GLO 4895248 15 08/01/2018 08/01/2019 28020000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CA REFUL LY. This endorsement modifies insurance provided under the: Commercial General Liabilit y Coverage Part The followi ng is added to the Transfer Of Righ ts Of Rec overy Against Others To Us Condition: If you are required by a written contract or agreement, which is exec uted before a loss, to waive your rights of recovery fro m others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 8M923RF7Page 4 of 5 8M923RF7Page 5 of 5 Section 7 Exhibits Forms - 12 Exhibits Forms SUBCONTRACTOR RETAINAGE RELEASE CERTIFICATE (To be Originated by Subcontractor) TO: Owner ____________________________ ____________________________ RE: Project Name and Number: : Certificate Regarding Subcontractor's Completed Work and Retainage Release 1. This is to certify that our Work is one hundred percent complete for our subcontract number __________________________________. Our retainage is due in accordance with the Contract Documents for our scope of Work included the . The total amount of retainage now due is $ . 2. The Subcontractor hereby certifies that all Work required under the above contract has been performed in accordance with the terms thereof, that all materialmen, subcontractors, mechanics, and laborers have been paid and satisfied in full, and that there are no outstanding claims of any character (including but not limited to disputed claims or any claims to which the Subcontractor has or will assert any defense) arising out of the performance of the contract which have not been paid and satisfied in full except as listed hereinbelow, which exceptions apply only to the release in Paragraph 5, below: [Enter: "None" or List or Make Reference & Attach Exhibit A.] 3. The Subcontractor further certifies that to the best of his knowledge and belief there are no unsatisfied claims for damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a claim or lien upon the property of the Owner. 4. The Subcontractor has received final payment in full settlement of all claims against the Owner arising under or by virtue the contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the contract. This release includes any claims set forth or excepted in Paragraph 2 above. 5. [Strike out if not applicable] The Subcontractor has received final payment in full settlement of all claims against the CM/GC arising under or by virtue the contract, and acceptance of such payment is acknowledged as a release of the CM/GC from any and all claims arising under or by virtue of the contract except as set forth in Paragraph 2 above. 6. Payments pursuant to this certificate shall in no way diminish, change, alter or affect the rights of the Owner under the Contract Documents. SUBCONTRACTOR: By: Date: CM/GC: By: Date: DESIGN PROFESSIONAL: By: Date: NOTICE: OWNER MUST RECEIVE A COPY WITH ALL ORIGINAL SIGNATURES. Exhibit A A- Exhibit A EXHIBITS Exhibit A Owner’s Program and Existing Documents Exhibit B [Intentionally Omitted] Exhibit C Budget Format Exhibit D Monthly Report Format Exhibit E [Intentionally Omitted] Exhibit F Preliminary Outline Schedule Exhibit G Specimen Component Change Order Exhibit H Specimen GMP Change Order Exhibit I Specimen Change Order Exhibit J Wage Rates and Labor Cost Exhibit K Application for Payment Exhibit L Final Cost Certification Exhibit M Certificate of Material Completion Exhibit N Certificate of Final Completion Exhibit O [Intentionally Omitted] Exhibit P Key Personnel Exhibit Q Preinstallation Meetings Exhibit R Lump Sum GC Categories Exhibit C Budget FormatA CA-1 Exhibit CA EXHIBIT A OWNER’S EXISTING DOCUMENTS i. Construction Manager At Risk Request for Proposals ii. Construction Manager At Risk’s Proposal iii. Design Professional Agreement (“Architectural Contract”) HOME OF 'THE BEST OUAt ITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 AGREEMENT FOR ARCHITECTURAL SERVICES MILTON COURT/POLICE AND FIRE FACILITIES -1-07 "hi Agreement for Architect Services (the "Agreement") is made and entered into this day of L , 2018, by and between the CITY OF MILTON, a municipal corporation of the ttate of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the "City"), and Cooper Carry, Inc., a Georgia corporation (hereinafter referred to as the "Architect"). WITNESSETH: WHEREAS, the City issued a Request for Qualifications (16-PW09) issued July 7, 2016, to solicit qualified firms for the design of a Court -Police and Fire Facility; and WHEREAS, the City has indicated the intent to procure design and construction management services for this project utilizing the CM@Risk with multiple component packages methodology; and WHEREAS, based upon Architect's qualifications and subsequent proposal to provide this type of Architectural Service, dated August 2, 2016 and supplemented February 12, 2018, the City selected Architect to provide such services; and WHEREAS, Architect has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and Architect, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: (a) This Agreement; (b) Request for Qualifications, attached hereto as Exhibit "A"; (c) Scope of Work, attached hereto as Exhibit `B" (d) Scope of Work and Pricing from Architect's Proposal, attached hereto as Exhibit "B.1"• (e) Professional Liability and other Insurance Requirements of this Agreement, attached hereto as Exhibit "C"; (f) Contractor Affidavit and Agreement, attached hereto as Exhibit "D"; (g) Subcontractor Affidavit, attached hereto as Exhibit "E"; (h) The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents; and (i) Milton City Code of Ethics. In the event of any conflict among the terms of the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 1.1. Definitions Unless specifically defined herein, terms used in this Contract and its General Requirements shall have the same meaning as in common usage and defined in a standard dictionary. Other Defined Terms. Terms defined in other documents associated with this Project, including the Program, the Contract Documents and the CM/GC General Requirements, and CM/GC Supplementary General Requirements, and any program management contract for the management of this Project, shall have the same meaning in this Contract unless such meaning is in conflict with the meaning defined herein. Defined Terms. (a) Design Coordination Meetings. A meeting between the Architect or Architect's consultant and the City, inclusive of all travel time, professional time, documentation time, travel expenses, meals, lodging, and incidental expenses, during the performance of basic design services, to review the design for validation, for constructability and for value engineering. Meetings shall be accounted in half-day increments (i.e., 0 to 4 hours expended in a single day equal one-half meeting; 4 to 8 hours equal one meeting). (b) Ordinary Negligence. The failure of the Architect or the Architect's consultant to exercise the standard of care as defined herein. (c) Preliminary Design and Construction Schedule. A schedule indicating proposed activity sequences and durations, major milestone dates for receipt and approval of pertinent information and for production of the schematic design development, construction drawings, and proposal documents, as well as estimated time required for construction. It includes the City's occupancy requirements showing portions of the Project (and the Phases thereof if any) having occupancy priority, and proposed date(s) of Material Completion and Final Completion. The Preliminary Design and Construction Schedule shall be in simplified critical path method format as might be appropriate for the Project, and shall be in such detail as City reasonably requires. (d) Program. The written and graphical definition of the Project's space requirements provided by the City to the Architect. The Program is provided to the Architect together with other relevant predesign information, including the purposes and requirements of the Project for the purpose of creating the design and issuing the Construction Documents. (e) Site Visit. A visit to the Site for performance of Construction Contract administration by the Architect or consultant, inclusive of all travel time, professional time, documentation time, travel expenses, meals, lodging, and incidental expenses. One site visit shall require a minimum of 4 hours. Site Visits may be accounted in half-day increments (i.e., less than 4 hours expended in a single day equal one-half visit;). (f) Standard of Care. That degree of care, learning, skill, and ability which is ordinarily possessed by other members of the respective professions under similar conditions and like circumstances. (g) GMP Cost Limitation. The amount stipulated in this Agreement as the maximum sum to be specified in the CM/GC Construction Agreement for the construction of the Project prior to execution of the GMP Change Order. The GMP Cost Limitation does not include the cost of fixtures, furniture, or equipment unless expressly stated in the Program. Fixtures, furniture, or equipment not included in the Program may be added as a design requirement and included in the GMP Cost Limitation by an amendment to this Contract. GMP Cost Limitation does not include design costs, owner contingency, or site acquisition costs. (h) CM/GC Supplementary General Requirements. The portion of the Construction Documents dealing with specific requirements of the construction process that are unique to the Project and shall be drafted by the Architect based on specimens provided by the City. (i) Construction Documents. A set of drawings that include all pertinent information required for the CM/GC to price and build the project. (j) CM/GC. The CM/GC is the firm responsible for construction of the Project. When appropriate in context, CM/GC refers to any subcontractors retained by the CM/GC. Section 2. The Work (a) Architect shall provide architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for the design of the Court -Police and Fire Facility (hereinafter referred to as the "Project"). The architectural services provided by Architect pursuant to this Agreement shall include, but are not necessarily limited to, preparation of plans, studies, permit applications, specifications, sketches, cost projections, reports, presentations, assessments, administration of the Construction Contract, etc., as specified and/or required by the City. Such work is further defined in Exhibit "A" and Exhibit `B". (b) The Architect agrees that all drawings and specifications for professional design services shall be performed by registered professionals in its own organization, or under the supervision of such professionals, or the Architect agrees to employ without additional cost the City, the services of registered professionals regularly engaged in delivering such professional services. Construction Documents so prepared shall bear the stamp of a responsible, registered professional licensed in the State of Georgia. (c) The Architect agrees to incorporate all of the material provisions of this Agreement into each contract with its subcontractors (including design consultants), and that failure to accomplish such incorporation by an express provision in each subcontract is a breach of an essential covenant of this Agreement. In the event of such breach the Architect shall, within five (5) calendar days after demand of the City, furnish proof in writing that the deficiency has been remedied to the end that no subcontractor or consultant may maintain that it has not assumed toward the Architect all the obligations and responsibilities that the Architect has assumed toward the City. (d) The Architect shall coordinate all the services of all design consultants for the Project, including coordinating its services as required with consultants retained by the City. The City shall require a reciprocal coordination clause in each of its separate consultant contracts. (e) It is the City's expectation that the Architect, the City, City -retained consultants, any separate contractors and the CM/GC shall work as a project team to effect the commencement of and completion of construction in accordance with the Contract Documents. By its various contracts with the other parties, the City will require that each team member communicate with all other team members to encourage and facilitate overall coordination, cooperation and efficiency, and cooperate fully with and coordinate fully with each other team member in order to achieve Project completion in an expeditious and economical manner. The CM/GC, in consultation with the other team members, shall schedule regular meetings of the key principals of the project team in an effort to solve problems in a partnering atmosphere to facilitate the ability of each team member to meet its business objectives, so long as consistent with the successful completion of the Project, in real time. The Architect shall not be required to attend such partnering meetings more than twice per month. It is the City's intent that all consensus decisions of the team, where differing from the Contract Documents, be reduced to writing in an appropriate Change Order or amendment or modification. (f) The Architect recognizes and agrees that it will design this project such that the initial Guaranteed Maximum Price (GMP) will not exceed the GMP Cost Limitation. If the GMP Cost Limitation is exceeded by the CM/GC's proposed GMP, the City may: i. Approve an increase in the GMP Cost Limitation; or ii. Require the Architect, without additional compensation, to revise the Construction Documents to reduce the cost of the work to the original GMP Cost Limitation, with the City (in its discretion) reducing the CM/GC non -construction services to help reduce the GMP to the GMP Cost Limitation; provided, however, said revisions will be performed at no additional cost to the City only to the extent that the original GMP Cost Limitation is exceeded because the Architect varied from the design intent of the approved Schematic Design documents. If the CM/GC's proposed GMP is more than 5% but not less than $200,000 below the GMP Cost Limitation, and if the Architect reduced components of the design of the Project to bring the probable cost of construction within the GMP Cost Limitation, then the City may require the Architect, without additional compensation, to revise the Construction Documents to restore such components of the design that were omitted, but without exceeding the GMP Cost Limitation. Such components of the design will be implemented by Change Order. After the CM/GC Contract has been awarded, if additional funding is obtained to increase the GMP Cost Limitation and components reduced or eliminated during design are desired to be reinstated, the Architect will be entitled to the same compensation as is provided for Change Orders not the fault of the Architect. (g) 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 executed by the Architect 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 Architect shall proceed with the changed work on an hourly basis with a not to exceed amount. (h) 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 Architect. (i) 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 total amount to be paid under this Agreement. Any such Change Orders issued and effective without prior approval of the City Council shall be subsequently ratified by the Council. Any Change Orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be first approved by resolution of the Milton City Council. (j) Notwithstanding any other provision in this Contract to the contrary, the Architect shall receive no fee for Change Orders caused by the Architect's failure to comply with the Standard of Care. Section 3. Term Architect and City agree that the term of the Project is through the timely completion of the construction of the Project and applicable warranty periods. The term of this Agreement shall commence upon the issuance of the Notice to Proceed from the City and shall terminate absolutely and without further obligation on the part of the City on December 31, 2018, provided that this Agreement, absent written notice of non -renewal provided by the City to Architect at least thirty (30) days prior to December 31, 2018, shall automatically renew on January 1, 2019 and on January 1 of each year thereafter until the completion of the term of the Project (provided that certain requirements, such as confidentiality and claims -based insurance requirements shall survive). The City may terminate this Agreement upon a breach of any provision of this Agreement by Architect and Architect's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain with the Architect until fully paid by the City. Section 4. Reserved. Section 5. Expertise of Professional Services Consultant Architect 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 a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken by Architect pursuant to this Agreement. By executing this Agreement, Architect represents to the City that Architect is professionally qualified to act as Architect for the Project and is licensed to practice architecture by all public entities having jurisdiction over Architect and the Project. Architect assumes full responsibility to the City for the improper acts and omissions of its consultants or others employed or retained by Architect in connection with the Project. Section 6. Additional Responsibilities of Architect (a) The Architect shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary plans, completion of work drawings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by Architect constitutes a representation that Architect has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing facility or structure, Architect shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. (b) Architect shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. Architect agrees to adhere to work plans and schedules as agreed to in writing between Architect and the City, which schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both Architect and the City. (i) If the completion of the project is delayed by reason of Ordinary Negligence on the part of the Architect, the Architect shall be responsible to the City for all reasonable additional costs, expenses, liabilities, or damages resulting from such delay. In addition, the Architect shall provide accelerated services at its own expense to make up for time lost because of such delay. (ii) If the Architect is delayed in performance of its services by any act or omission of the City, or by its consultants or agents, or by Change Orders by the City, then the Architect may request an adjustment of the project schedule. (c) Architect agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. Architect shall take no calculated risk in the design of the Project. Specifically, Architect agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event Architect is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an amount that is in excess of the budgetary limitations established by the City, Architect will give written notice immediately to the City. Architect agrees that, in the absence of an amendment to this Agreement in writing, Architect will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. (d) Architect acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for Architect's services performed under this Agreement. Architect acknowledges and agrees that the acceptance of plans and specifications 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 design or engineering. Architect further agrees that no approval of plans and specifications by any person, body or agency shall relieve Architect of the responsibility for adequacy, fitness, suitability, and correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. (e) Architect acknowledges that it may receive confidential information of the City. Architect agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to Architect. Architect shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. (f) Architect agrees that it shall not engage in any activity or conduct that would be in violation of the Milton City Code of Ethics. Architect certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing under this Agreement. Should Architect become aware of any circumstances that may cause a conflict of interest during the term of this Agreement, Architect shall immediately notify City. If City determines that a conflict of interest exists, City may require that Architect 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 Architect when such services were performed while a conflict of interest existed if Architect 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. Architect 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. Architect 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 Architect or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. (g) Architect must have timely information and input from the City in order to perform the services required under this Agreement. Architect is entitled to rely upon information provided by the City, but shall be required to provide immediate written notice to the City if Architect knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. (h) Architect specifically acknowledges that TIME IS OF THE ESSENCE for the implementation of the Project and the performance of its obligations hereunder. Architect specifically agrees to adhere to the priorities established by the City with regard to the Project from time to time. (i) m_ Sem I I J eshall be authorized to act on Architect's behalf with respect to the Project as Architect's designated representative. (j) Architect agrees that it shall be in compliance with all applicable local, state, and federal regulations during the performance of this Agreement, 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.). (k) Architect agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. (1) Architect shall administer all construction contracts related to the Project as directed by the City pursuant to Section 6.1 below and consistent with any construction contracts entered into by the City and related to the Project. (m) In the event Architect acquires knowledge of any asbestos located in the Project, it shall immediately notify the City in writing. Absent a failure to comply with this notice requirement, Architect shall have no liability or responsibility to the City for asbestos, or the removal or treatment of same, unless otherwise agreed in writing. (n) The Architect shall coordinate its design and administrative duties with the CM/GC as a team with the following objectives and responsibilities: During Pre -construction: • Design review for validation, • Design review for constructability, • Design review for value engineering. During Design and Construction: • As needed, design review for constructability and value engineering, • Assist the CM/GC's development of a cost tracking methodology to advise all parties during design activities if the expected or projected costs may exceed the GMP Cost Limitation, and that provides realistic suggestions to regain balance between cost and scope, • Assist the CM/GC's development of a cost tracking methodology to compare estimated costs with real time actual costs, • Document all cost related decisions and their rationale and provide the City with this record in a bound volume upon completion of the Project, • Develop and coordinate the issuance of construction documents for construction packages to implement Component Change Orders for the components identified in the Contract or directed by the City, • Review and coordinate the issuance of Component Change Orders, • Review and coordinate the issuance of the GMP Change Order, • Review and coordinate the issuance of the Lump Sum Change Order, if requested by the City. Section 6.l . Construction Contract Administration (a) The Architect shall provide administration of the Construction Contract as set forth below and shall perform those duties and discharge those responsibilities set forth herein and in the contract to be executed by and between the City and the CM/GC ("the Construction Contract"). (b) The Architect shall represent the City during construction. Instructions and other appropriate communications from the City to the contractor shall be communicated through the Architect unless the City determines otherwise. The Architect shall act on behalf of the City only to the extent provided herein and in the Construction Contract. (c) The Architect shall observe the work of the CM/GC as set forth in Exhibit `B.1". If, however, in the opinion of the Architect, observations more frequently than as set forth in Exhibit `B.1" are required to protect the City's interest, the Architect shall so notify the City in writing, and the City may elect to require the Architect to make more frequent Project observations, and unless such observations are otherwise required by this Agreement, the Architect shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the observations required by this Paragraph are in addition to any and all other observations which may be required elsewhere in this Agreement. The purpose of the observations required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such observations, the Architect shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the CM/GC. Following each such site visit the Architect shall submit a written report, in a format approved by the City, of such observations, together with any appropriate comments or recommendations, to the City. (d) The Architect shall at all times have access to the Work wherever it is located. (e) The Architect shall determine amounts owed to the CM/GC based upon observations of the Work, evaluations of the CM/GC's rate of progress and upon evaluations of the CM/GC's applications for payment, and shall issue certificates for payment to the City in such amounts. (f) The issuance of a certificate for payment shall constitute a representation by the Architect to the City that the Architect has made an observation of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the Architect, the CM/GC is entitled to payment of the amount certified. (g) The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the CM/GC. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the CM/GC. (h) The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract, unless notified by the CITY, in writing, to the contrary. (i) The Architect shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the Architect's opinion, it is necessary or advisable, the Architect shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. (j) The Architect shall review and approve, or take other appropriate action upon, the CM/GC's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the Architect of the CM/GC's submittal shall constitute the Architect's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the CM/GC or the Project. (k) The Architect shall review and advise the City concerning proposals and requests for Change Orders from the CM/GC, including the reasonableness and accuracy of the proposed cost of same. The Architect shall prepare Change Orders for the City's approval and execution in accordance with the Construction Contract. (1) The Architect shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the CM/GC, and shall, when appropriate, issue a final certificate for payment. (m) The Architect shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the Architect's work product. Section 7. Responsibilities of the City (a) The City shall provide information as reasonably requested by Architect (unless the provision of such information is within the duties required by Architect under this Agreement), in a prompt manner so as to assist Architect in achieving compliance with the applicable schedules. (b) The Public Works Director shall be authorized to act on the City's behalf with respect to the Project as the City's designated representative. The Public Works Director shall render decisions and respond to Architect in a timely manner so as to assist Architect in achieving compliance with applicable schedules. (c) In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and plans provided by Architect, the City shall provide timely notice in writing to Architect advising Architect of same. Section 8. Method of Compensation,• Design Development Checkpoint; Time of Payment. (a) Total Compensation. Architect's total compensation to be paid for all services rendered and costs incurred by Architect in completion of such services pursuant to this Agreement shall not exceed $1,071,619. City will compensate the Architect on the basis of (a) a flat base fee for Architect services, (b) a flat fee for the cost of hiring special consultants, and (c) "at cost" reimbursement for other authorized expenses subject to a "not -to -exceed" cap. (b) Basic Fee for Services. Architect shall be compensated for its services in four separate flat fee payments, together adding up to $845,919: Pre Design/Schematic Design/Contractor Procurement $ 169,184 Design Development $ 169,184 Construction Documents/Permitting $ 338,367 Construction Contract Administration $ 169,184 Architect's flat fee compensation for its services is based on the assumption that the construction cost of the Project will not exceed $13,014,144. The Parties acknowledge that the Project will be constructed on a guaranteed maximum price or lump sum basis, and the City will have sole discretion in adjusting the Project to achieve its desired construction cost. If the City elects to award a construction contract with an authorized construction cost in excess of $13,014,144, the City will execute a Change Order to this Agreement increasing Architect's flat fee by the amount of 7.5 percent times the balance of the construction costs authorized by the City above $13,014,144. (c) Special Consultant Fees. Architect shall be compensated a flat fee of $185,700 for the cost of hiring Special Consultants as further described in Exhibit "B.1" and as specified in the table below: Design Phase Consultant SD DD CD CA 'notal Rendering $0 $0 $6.500 $0 $6,500 Cost Consultant $12,000 $16,000 $0 $0 $28,000 Env Graphic Design $6,000 $8,000 $20,000 $6,000 $40,000 FF&E Selection $4,000 $4,000 $8,000 $14,500 $30,500 AV Comm & Security $5,900 $5,900 $11,800 $5,900 $29,500 Water Intrusion $3,000 $5,000 $7,200 $31,000 $46,200 Acoustical $0 $2,000 $1,500 $1,500 $5,000 Phase Subtotals $30,900 $40,900 $55.000 $58,900 $185,700 (d) Reimbursable Expenses. Architect shall be compensated for its actual cost (no markup) of certain reimbursable expenses set forth in Exhibit "B.1 ", up to a not -to -exceed amount of $40,000. (e) Additional Services. Architect may be entitled to compensation for additional services as specified in Exhibit "13.1", provided, however, that all such additional services must be pre -authorized in writing by the City and incorporated as a Change Order to this Agreement duly signed and approved in conformance with the City's Purchasing Policy. (f) Design Development Checkpoint. Notwithstanding anything to the contrary in this Agreement or the Contract Documents, the Architect shall not proceed beyond the Design Development phase without separate written approval from the City. The City expressly reserves the right to terminate this Agreement for convenience after the Design Development phase pursuant to Section 12(a) of this Agreement. Unless it approves the Architect to proceed beyond the Design Development phase, the City shall only be obligated to pay Architect: (1) the basic fee for the Schematic Design phase and Design Development phase as set forth in subsection (b) above; (2) no more than $71,800 in compensation for special consultant fees consistent with the table set forth in subsection (c) above; (3) a reasonable amount of reimbursable expenses, subject to the limits of subsection (d) above; and (4) fees for additional services that may have been ordered pursuant to subsection (e) above. (g) Invoicing. Architect may invoice each of its four separate flat fee payments as each respective phase of the work is completed. Special Consultant fees will be billed monthly on a percent complete basis. Reimbursable expenses will be billed monthly as incurred. On or about fifteen (15) days after the close of each calendar month during the performance of services pursuant to this Agreement, Architect shall submit to the City a statement in a form acceptable to the City and accompanied by appropriate supporting documentation demonstrating the services that were completed and expenses incurred during such calendar month for the Project, and the compensation that is due for the same. The City shall review the statement and approve it with such modifications as are consistent with this Agreement. In the event that the City becomes credibly informed that any representations of the Architect regarding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the Architect until the inaccuracy, and the cause thereof, is corrected to the City's reasonable satisfaction. The City shall pay each such statement as approved within thirty (30) days after approval of the invoice by City staff, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by Architect to the point indicated by Architect on such statement or of receipt of acceptance by the City of the services enumerated in such statement. Within thirty (30) days of receipt of each payment from the City, Architect shall promptly pay all fees owed to subconsultants and provide the City with written certification of same on a monthly basis. No payments will be made for unauthorized work. Payments will not be hand delivered. Section 9. Work Product Ownership. The City shall be the absolute and unqualified owner of all preliminary arrangements, work product, analysis, agreements, cost estimates, plans, or other documents prepared pursuant to this Agreement with the same force and effect as if the City had prepared same provided that all undisputed amounts due and owing to Architect have been paid by the City to Architect. Architect agrees to deliver to the City, upon request, all such information and work product. Architect may retain copies of such documents and information for use in the normal course of its business. The City, to the extent if any allowed by law, shall hold harmless the Architect from any unauthorized use or misuse of these instruments of service. Section 10. Independent Contractor. Architect will be an independent contractor under this Agreement, and will assume all rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Any provisions of this Agreement that may appear to give the City the right to direct Architect as to the details of the services to be performed by Architect herein or to exercise a measure of control over such services will be deemed to mean that Architect shall follow the directions of the City with regard to the results of such services only. Section 11. Subconsultants; Successors and Assigns. Architect shall not subcontract with any third party for the performance of any portion of the Services without the prior written approval of the City. Architect shall be solely responsible for compensating any subconsultant it desires to retain. Architect shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject to the provisions of the immediately preceding sentence, the City and Architect, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Section 12. Termination, Suspension of Agreement. (a) The City or Architect may terminate this Agreement for convenience at any time by giving at least thirty (30) days prior written notice to the other party. If this Agreement is terminated for convenience by the City, the Architect shall be compensated for work actually performed, pro -rated on the percentage completed of the then -applicable phase of work, provided work product actually completed as of termination is delivered to City. Notice of Termination shall be given by the terminating party to the other party as addressed in Section 15(e) of this Agreement. The effective date of termination shall be thirty (30) days after the date of receipt of notice. (b) The City may terminate this Agreement for cause if Architect breaches any material provision of this Agreement. The City shall give Architect at least seven (7) days prior written notice of its intent to terminate the Agreement and the reasons therefore, and, if Architect fails to cure the default within that period, the termination shall take place without further notice. In the event of a termination for cause, Architect shall not be entitled to further payment until the work required under this Agreement on any Project that is active and ongoing at the time of such termination is completed by others. If the cost of completing the work required under this Agreement, combined with previous payments to Architect, exceed the overall budget for the particular Project assigned to Architect in accordance with this Agreement, Architect shall pay the difference to the City. (c) 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 treated as a termination for convenience under the terms of this Section 12(a). (d) The City may, without cause, order Architect, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (30) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due Architect as a result of such suspension or suspensions. Otherwise, Architect shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from Architect's wrongful act or omission. Section 13. Venue, Jurisdiction of Disputes. Any dispute between the parties shall be subject to venue and jurisdiction in the Superior Court of Fulton County, Georgia. Section 14. Indemnification and Insurance. Architect shall indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees ("Liabilities"), resulting from willful, negligent or tortious conduct and/or omissions arising out of performance of professional services by the Architect, any subconsultant, anyone directly or indirectly employed by the Architect or subconsultant or anyone for whose willful, negligent or tortious acts the Architect or subconsultant may be legally liable ("Indemnifying Parties"), but only to the extent caused by or resulting from the acts or omissions of the Indemnifying Parties.. 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 such claims against by Indemnified Party, against an Indemnifying Party, 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 Architect or any subconsultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Throughout the term of this Agreement, Architect and all of its subconsultants shall maintain insurance as outlined in Exhibit "C," attached hereto and incorporated herein by reference. Architect and all subconsultants shall provide the City with certificates of insurance and endorsements as required. Section 15. Miscellaneous. (a) Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. (b) Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. (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. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect 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 which may for any reason be hereafter declared invalid. (e) Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or 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: NOTICE TO CITY shall be sent to: City Manager's Office Attn: Steve Krokoff 2006 Heritage Walk Milton, Georgia 30004 With a copy to (copy shall not constitute notice to the CITY): Director of Public Works Attn: Carter Lucas, PE 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO Architect shall be sent to: Cooper Carry, Inc. Attention: M. Sean McLendon, AIA 191 Peachtree Street NE Suite 2400 Atlanta, Georgia 30303 (f) 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. (g) Force Majeure. Neither the City nor Architect 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 Architect; (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. (h) Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (i) No Third -Party Beneficiaries. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party. (j) The individual executing this Agreement on behalf of Architect covenants and declares that it has obtained all necessary approvals of Architect's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Architect to the terms of this Agreement, if applicable. Section 16. E -Verify. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Architect 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 Architect's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Architect provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Architect 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 the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Architect 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 Rule 300-10-1-.02. In the event the Architect employs or contracts with any subcontractor(s) in connection with the covered contract, the Architect 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 contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Architect agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Architect 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 Architect's and Architect's subcontractors' verification process at any time to determine that the verification was correct and complete. The Architect and Architect'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 Architect 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 Architect or Architect's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Architect and Architect's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Architect or Architect'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 Architect's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Architect shall be liable for all damages and delays occasioned by the City thereby. Architect agrees that the employee -number category designated below is applicable to the Architect. 500 or more employees. _X_ 100 or more employees. Fewer than 100 employees. Architect hereby agrees that, in the event Architect 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 Architect 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. Section 17. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Architect agrees that, during performance of this Agreement, Architect, 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, Architect agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 17 in every subcontract for services contemplated under this Agreement. 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. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. CONSULTANT: COOPER CARRY, INC. Signature• Print Name: �`7•`�.Grr) �i9dDYl Title: r rtYiGl (tel I r-- - .rtr_. n_. •.a__. [CORPORATE SEAL] Attest/Witness: .......... rY /� Signature: _' GGORpoR,gp�' c Print N me: - � Title: _ SEAL (Assi tant) Corporate Secretar Attest: Signature: 5; S1 Approved as to CITY OF MILT 1EORGIA By: Jo Loc od, Mayor EXHIBIT "A" REQUEST FOR QUALIFICATIONS �F April 17, 2018 Carter Lucas, PE City of Milton Assistant City Manager/Director of Public Works Milton City Hall 2006 Heritage Walk, Milton, Georgia 30004 RE: City of Milton Court/Police and Fire Facility COOPER CARRY Project No. 20160228 Agreement for Architectural Services Dear Mr. Lucas: via UPS As Chief Operating Officer and Assistant Secretary of Copper Carry, Inc., 1 certify that pursuant to the Cooper Carry, Inc.'s Project Documentation Signing Policy, which has been adopted and ratified by Cooper Carry, Inc. in accordance with our Articles of Incorporation and the Corporate Bylaws, M. Sean McLendon, in his official capacity as a Principal of Cooper Carry, Inc., acting alone and without attestation, is authorized to execute and bind Cooper Carry, Inc. to the Agreement for Architectural Services for the Milton Court/Police and Fire Facilities Sincerely, Cooper Carry, Inc. Mark G. i Principal cc: Project File M Sean McLendon \\��,Gooper Ca�r� SSE, F0RG1P: 1 9 1 Peachtree Street NE, Suite z400 TEL 404 237 2000 Atlanta, Georgia 30303-1770 FAX 404 237 0276 HOME OF'THE BEST QUALITY OF [IFF IN GEORGIA' MILTON'll! FSTABI.ISIIFD 2006 CITY OF MILTON REQUEST FOR QUALIFICATIONS (THIS IS NOT AN ORDER) RFQ Number: RFQ Title: 16-PW09 State Route 9 Court -Police and Fire Facilities Due Date and Time: August 2, 2016 Local Time: 2:00 p.m. EST Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: July 7, 2016 City of Milton City Manager's Office 13000 Deerfield Pkwy, Suite 107 Milton, Ga. 30004 INSTRUCTIONS TO CONSULTANTS Return Proposal to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.citvofmiltonga.us Mark Face of Envelope/Package: RFQ Number: 16-PW09 Name of Company or Firm Special Instructions Deadline for Written Questions July 19, 2016 Email questions to Honor Motes at honor.motes@citvofmiltonga.us I IMPORTANT: SEE STANDARD TERMS AND CONDITIONS I 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 RFQ RESPONSE © You *** PHONE: 678.242.25001 FAX: 678.242.2499 PACE AWARD Green ; Certified f WINNER Community City of InfoOcityofmiltonga.us I www.cityofmiltonga.us y � Echics j 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- CERTIFIED HHONZE — ,L'*B<< 2 1 RFQ 16-PW09 TABLE OF CONTENTS Consultant's RFQ Checklist Disclosure Form Schedule of Events Section 1: Project Overview and Instructions Section 2: RFQ Standard Information Section 3: Scope of Project Section 4: Consultant Qualifications Section 5: Evaluation Criteria Section 6: Standard Contract Information Standard Contract S I RFQ 16-PW09 CONSULTANT'S RFQ CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFQ 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 RFQ 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 RFQ. 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 RFQ. All addenda issued for an RFQ are posted on the DOAS website at hffp://ssi.doas.state.go.us/PRSapp/PR_Index.jsp and on the City's website at hffp://www.cityofmifonga.us will include all questions asked and answered concerning the RFQ. 5. Follow the format required in the RFQ 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 RFQ addenda. Before submitting your response, check the DORS website at http://ssi.doas.state.go.us/PRSapp/PR_index.jsp and the City website at hffp://www.cityofmiltongo.us_to see whether any addenda were issued for the RFQ. If so, you must submit.a signed cover sheet for each addendum issued along with your RFQ response. 9. Review and read the RFQ 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's Response. 4 ( RFQ 16-PW09 HOME OF 'I HE BE:)-EORGA' M ILTON'kl ESTABLISHED 2006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH QUALIFICATIONS 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 RFQ 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 1 RFQ 16-PW09 MUST BE RETURNED WITH QUALIFICATIONS 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 Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 6 1 RFQ 16-PW09 SCHEDULE OF EVENTS Task Date Issue RFQ July 7, 2016 Deadline for Questions July 19, 2016 by 5:00 p.m. EST Answers Posted by the City Addendum) On or about, July 22, 2016 Qualifications Due By 2:00 p.m. EST on August 2, 2016 Interview Firms (if necessary) Week of August 29, 2016 (proposed) Award Contract October 18, 2016 (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. 7 1 RFQ 16-PW09 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT OF INTENT The City of Milton is requesting Statements of Qualifications (SOQ) from qualified consultants to provide architectural design and construction administration services of the development of the new Court -Police and Fire facilities on State Highway 9. All Consultants must comply with all general and special requirements of the RFQ information and instructions enclosed herein. The City intends to select a single consultant team that demonstrates the level of expertise to design these types of facilities and to provide all of the required services through the Qualification Based Selection process. The selected firm will be expected to provide services in accordance with the project schedule established by the City of Milton. 1.1 SINGLE POINT OF CONTACT From the date this Request for Qualifications (RFQ) 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: 13000 Deerfield Parkway, Suite 107F, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFQ. Consultants should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFQ 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 RFQ. B. Form of Questions. Consultants with questions or requiring clarification or interpretation of any section within this RFQ must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on July 19, 2016 . Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 8 1 RFQ 16-PW09 C. City's Answers. The City will provide an official written answer to all questions on or about July 22, 2016. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFQ will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFQ at hftp://www.cityofmiltonga.us or hffp://ssi.doas.state.ga.us/PRSapp/PR_Index.jsp. Consultants must sign and return any addendum with their RFQ response. D. Standard Contract. By submitting a response to this RFQ, 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 RFQ 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 RFQ 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 RFQ and will apply to all consultants submitting a response to this RFQ. 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 RFQ response complies with the intent of the requirements. RFQ responses that do not meet the full intent of all requirements listed in this RFQ may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 Reserved 1.4 SUBMITTING QUALIFICATIONS Consultants must organize their qualifications into sections that follow the following format. For the purposes of the RFQ, the term "company" shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. 9 1 RFQ 16-PW09 The term "consultant" shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime "company" and "consultants". A. Submittal Requirements. Qualifications shall include the following: 1. City of Milton Request for Qualifications cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. Qualifications shall be: a. Maximum of ten (10) single sided pages (five pages if double - sided) b. Minimum of 11 point font c. Stapled or spiral -bound. No binders 4. And shall contain the following minimum information: a. Cover letter - introductory remarks and qualification summary - no longer than one page. b. Project Staffing i. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. ii. Information about the overall makeup of the project team, including: the identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with similar projects. Identify any previous projects on which members of the proposed team have worked together. iii. Should the firm be selected to participate in an interview, the Company's designated project manager must be present to present the firm's qualifications and take the lead in answering questions. iv. Information about any consultants to be included on the team. Identify consultant company name, address, telephone number, contact person, names and job 10 1 RFQ 16-PW09 descriptions of key personnel. Identify consultants experience with municipal government projects. c. Qualifications of the Team Company's experience working with brand implementation, website design and graphic design in municipal government. ii. Summary of at least three (3) similar engagements or projects for which the Company was responsible within the past five (5) years. d. Project Delivery Current company workload and ability to perform work for this project. e. Miscellaneous Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. ii. Additional information the respondent believes to be relevant to the selection efforts of the City. 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 RFQ format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Qualifications. One original and five (5) copies of each submittal (plus a CD) should be provided to the City. Qualifications must be received at the receptionist's desk in Suite 107F prior to 2:00 PM, local time, August 2, 2016. Emailed responses to requests for qualifications are not acceptable. Qualifications will be presented at approximately 2:05 pm and names of consultants will be announced. D. Late Qualifications. Regardless of cause, late Qualifications will not be accepted 11 1 RFQ 16-PW09 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 Qualifications 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 RFQ, consultant agrees to an understanding of and compliance with the specifications and requirements described in this RFQ. 1.6 COST OF PREPARING QUALIFICATIONS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFQ and any subsequent presentations of the qualification 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 qualifications. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFQ 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 RFQ process. 12 1 i'FQ 16-PW09 SECTION 2: RFQ STANDARD INFORMATION 2.0 AUTHORITY This RFQ is issued under the authority of the City of Milton. The RFQ process is a procurement option allowing the award to be based on stated evaluation criteria. The RFQ states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFQ, 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 QUALIFICATIONS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFQ, 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 Qualifications. Upon opening the submittals received in response to this RFQ, the procurement office will review the qualifications 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 13 1 RFQ 16-PW04 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 QUALIFICATIONS A. Initial Classification of Qualifications_ as Responsive or Nonresponsive. Qualifications 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 RFQ; or the qualification is not within the specifications described and required in the RFQ. 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 Qualifications. The evaluation committee will evaluate the remaining qualifications 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 qualifications 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 RFQ responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Qualifications. Selection and award will be based on the consultant's qualifications and other items outlined in this RFQ. 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. 14 1 RFQ 16-PW09 After receipt of all qualifications 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 RFQ 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 RFQ, issuance of the RFQ 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 15 1 RFQ 16-PW09 right to: 1. Modify, cancel or terminate this RFQ, 2. Reject any or all qualifications received in response to this RFQ, 3. Select a consultant without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFQ which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFQ submittal for any purpose in order to answer questions or to provide clarification, 6. Not award 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. 16 1 RFQ 16-PW09 SECTION 3: SCOPE OF PROJECT 3.0 PROJECT LOCATION The project location 13690 State Highway 9. The City of Milton's principal address is 13000 Deerfield Parkway, Milton, GA 30004. 3.1 GENERAL The City of Milton is proposing to develop a new Court -Police and Fire facility on a 3.70 acre tract that the City currently owns on State Highway 9 in Milton. The City intends on occupying the facility by January 2019. The selected consultant must be able to demonstrate the ability to meet this project schedule. The City has performed some preliminary programming and anticipates the facility will consist of a 19,000 sf single story Court and Police building and a separate 13,000 sf, 3 bay Fire station with Fire administrative services. Infrastructure improvements will include parking, utilities and stormwater management. The site currently has a joint use access driveway with Cambridge High School. The consultant will be expected to coordinate all design and construction activities with the Georgia Department of Transportation's project to widen State Highway 9. The City anticipates the project delivery method to be a CM @ Risk format with an estimated construction budget of $10,000,000. The City may consider the use of LEED standards during the design process, and the consultant will be asked to make recommendations and to provide cost differentials for consideration and approval. Energy modeling will be required for the buildings. 3.2 SCOPE OF SERVICES The City seeks a consulting company that can provide the following services: It shall be the consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed project must comply with all applicable local, state, and federal environmental laws and regulations. 2. The selected consultant shall assist the City in the selection of contractor. This may include, but not be limited to, the development of bid or proposal documents. 17 1 RFQ 16-PW09 3. The City intends to provide the programming and conceptual elevations and floor planning to the selected consultant. The consultant will be expected to work with staff to develop the full construction documentation in support of the conceptual plans and program. 4. The Scope of Services may include, but are not limited to, the following: a. Confirmation of project programming, b. Site plan development, c. Development of floor plans and operational features, d. Schematic design development, including structural elevations and landscape design, e. Preparation of construction documents and specifications utilizing BIM, including necessary civil, landscape, irrigation and site lighting plans. f. Development of detailed project schedules and cost estimates, g. Assistance during bidding and construction, h. Construction monitoring and support, i. Shop drawing review and approval, j. Coordination and preparation of change orders, k. Project meeting coordination and minutes preparation, I. Minimum of one (1) meeting on site per week during construction phase, m. Internal and regulatory agency project approval coordination. It is anticipated that Sub -consultants may be needed for: • Electrical Engineering, • Mechanical Engineering, • Structural Engineering, • On and/or Off Site Utility Services, • Fire Protection Engineering, • Physical Facility Security Engineering, • Landscape/Irrigation Design, • Civil Site Design, • Geotechnical, • IT and Audio Visual Design, 18 1 RFQ 16-PW09 • Interior Design, Consultant shall identify during contract negotiations any other sub -consultants that may be necessary or prudent for the City to consider in the development of the construction documents. 19 1 RFQ 16-PW09 SECTION 4: CONSULTANT QUALIFICATIONS 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 RFQ should be able to demonstrate experience in the areas described in Section 3. 20 1 RFQ 16-PW09 SECTION 5: EVALUATION CRITERIA 5.0 EVALUATION CRITERIA - Phase 1 The evaluation committee will review and evaluate the qualifications according to the following criteria: • A selection team for the City will initially evaluate and score all submittals received. • Qualifications not meeting the minimum requirements and those who are non-responsive will not be considered. Submittal Evaluation Criteria Project Staffing 30 pts • Education and experience of the assigned staff • Key personnel's level of involvement • Quality and experience of consultant and sub -consultants • Proximity and availability of key personnel Qualifications of the Design Team 30 pts • Organization strength and stability • Experience and technical competence on similar projects • Previous experience as a design team • Proximity and availability of key personnel Project Delivery 25 pts • Quality of final work product • Flexibility of the consultant to operate successfully within various work environments • Ability to meet schedules Overall Fit of the Firm and its Key Team Members to the Project 15 pts • Ability of the firm to instill Committee confidence in the firm's understanding of the project requirements • Firm's communication and problem solving methods and abilities. • Previous experience with City of Milton projects **Additional Scoring (Phase 2) will be offered solely to those consultants shortlisted for the Presentation/Interview Evaluation Process ** 21 1 RFQ 16-PWO SECTION 6: STANDARD CONTRACT INFORMATION 6.0 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 RFQ. This notification must be made by the deadline for receipt of written/e-mailed questions or with the consultant's RFQ 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. 6.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFQ and any addenda, the consultant's RFQ 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. 6.2 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 qualifications. 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 RFQ shall create any contractual relationships between any subcontractor and the City. 6.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 6.4 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 22 1 RFQ 16-PW09 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. 6.5 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. 6.6 CONTRACT TERMINATION See sample contract. Sample Contract Intentionally Omitted -UVE OF M I LTO r\'%� ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFQ 16-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 13000 Deerfield Pkwy Suite 107F Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFQ. COMPANY NAME: CONTACT PERSON: ADDRESS: C ITY: STATE: ZI P: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date ADDENDUM #1 RFQ 16-PW09 Item 1. Amend Section 1.4 A(3) (a) from 10 single -sided pages (five if double - sided) to 30 single -sided pages (15 if double -sided). Item 2. Delete Section 1.4 A(4)(c) Qualifications of the Team and Replace with the following: c. Qualifications of the Team i. Company's experience as prime designer on a project team. Summary of at least three (3) similar projects for which the Company was responsible within the past five (5) years. Each of the project summaries should include the following: 1) Description of the facility, including: size, functions housed, construction cost and year completed, 2) Pictures of finished facility, 3) Design start and completion dates, 4) Construction start and completion dates, 5) Degree of involvement (principals or consultant), 6) Project references including names, addresses, and telephone numbers. iii. Proposed design approach by company for this project. The City desires to procure an architectural firm with extensive Fire and Police/Court design experience. With such diverse design requirements for these types of facilities, please describe how the company's design approach on these types of facilities will be incorporated into the project. This should include how the firm will maintain open communications during both the design and construction administration phases with key staff members. iv. Past experience with LEED certified projects. Include the Company's or Consultant's role in the project and the level of certification achieved. Questions and City of Milton Answers 1. On page 10 of the RFQ, under c. Qualifications of the Team, it asks about our experience working with brand implementation, website design and graphic design in municipal government. Is this correct? Answer: No, see item 2 of this addendum. 2. Is the 10 -page limit is correct? Answer. See item 1 of this addendum. 3. 3.2 SCOPE OF SERVICES, number 3 (page 17) states that the City of Milton "intends to provide the programming and conceptual elevations and floor planning to the selected consultant. The consultant will be expected to work with staff to develop the full construction documentation in support of the conceptual plans and program." Can you please name the firm that worked with the City to create the items noted above? Answer. They were done internally by the City Architect. 4. Is this group (that completed the initial programming documents) permitted to submit for the scope of work outlined within this RFQ? Answer: No, see the response to Question 3. 5. Is it possible to include any of our full team's experience, or can the experience portion of our response only include examples of the local firm's previous projects? Answer. The experience of the full team can be included. 6. Is it permissible to respond to this RFQ as a joint venture (to best describe the relevant project experience of our key team members) rather than as a prime with consultants? Answer: Yes. 7. Are the forms on pages 4 and 5 to be counted as part of the 10 page limit? Answer. No, mandatory forms are not counted toward the maximum page limit. Also, see the response to Question 2. 8. Page 10 states c. Qualifications of the Team i. Company's experience working with brand implementation, website design and graphic design in municipal government. Is this accurate? Answer. No, see item 2 of this addendum. 9. Is this the same project that was bid in 2011 as 11-RFQ01 and if so, could you advise as to the reason it is a new RFQ now, please? Answer: The property is the some as the one that was included in 1 1- RFQO 1. The project requirements and design standards have changed since that time and it was determined to be in the best interest of the City to reevaluate the project. 10. Will the City contract with Geotech directly? Answer: No, the consultant shall provide all necessary design services. 11. Page 10/Paragraph C - Qualifications of the Team. Subparagraph (i) appears to be in error. Please advise if this needs to be revised. Answer. See item 2 of this addendum. 12. Is the City's Preliminary Program Requirements document available for review? Answer. It will be made available to the selected consulton, but is not necessary for the submission of qualifications. 13. Is a survey available for the project site? Answer: It will be made available to the selected consulton, but is not necessary for the submission of qualifications. 14. Please describe the status of the Georgia DOT widening plan for State Highway 9. Will the roadwork project be under construction simultaneously with the proposed facility? 41 Answer: The Highway 9 project is being managed and constructed by GDOT. It is our understanding that it is currently under design. 15. Is the estimated construction budget ($1 OM) for hard construction costs only? Please confirm soft costs (design fees, testing, FF&E, etc.) are excluded from this budget. Answer: Design and Testing fees would be excluded, FF&E would be included. 16. Will the City's RFQ Cover Page and Disclosure form be counted as part of the 10 page limit for this proposal (See submittal requirements, A -3-a on pg. 9) Answer. No, mandatory forms are not counted toward the maximum page limit. Also, see the response to Question 2. 17. Brand implementation experience, website design, and graphic design in municipal government (page 10, Section A, item c, i). Could you please elaborate on what types of services you require for website, graphics, etc. in relation to this buildings design and construction? This information does not appear in section 3.2, Scope of services. Will there be an update to the qualifications requirements? Answer. See item 2 of this addendum. 18. Will the City be providing the geotechnical services for the project, or will it be included under the design teams scope of work (Section 3.2) listed as a potential on the bottom of page 17? Answer. It will be as listed in the RFQ. 19. Will interior design, listed at the top of page 18, under the scope of work (Section 3.2), include all furnishings for the project or only those typically build -in items such as reception desk, courtroom desk, detention fixtures, etc. Answer: All furnishings. 20. Appendix A. Sample Contract. The sample contract provided with the RFQ contains some language that would not be covered by a typical Professional Liability Insurance (PLI) policy, are these items negotiable? Answer: It's not our intention to impose requirements that cause contractors to procure non-standard ESO/Professional Liability insurance, but it's hard to address this without knowing the precise language at issue. 21. Appendix A. Sample Contract, Page 2 (A-2) . I D Term of Agreement: If "time is of the essence" remains, will you please add a "Force Majeure" clause for events outside Consultant's control? Answer: The City does not anticipate that this will be an issue. 22. Appendix A. Sample Contract, Page 4 (A-4)._IV A Expertise of Consultant: Use of the terms "trust and confidence" creates a fiduciary duty that is outside and beyond the Standard of Care, and therefore is not covered by a typical PLI policy. Also these terms are in conflict with the design professionals role as an "independent contractor" (See IV H below). If these terms can not be deleted, then text could be added stating that the agreement does not, nor does it intend to, create a fiduciary relationship between the parties. Is that acceptable? Answer: The City does not anticipate that this will be an issue. 23. Appendix A. Sample Contract, Page 5 (A-5)._IV G Responsibility of Consultant and Indemnification of City: Typical PLI policy's do not cover "defense" of claims (though it does cover reasonable attorneys' fees as part of a claim for professional negligence), so "defend" should be deleted (also in second paragraph). As an alternative, and in recognition of the difference between PLI and Commercial General Insurance coverages, the following "bifurcation" language can be substituted: Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Owner harmless from damage, liability or cost (including reasonable attorneys' fees and costs of defense) ("Claimed Damages") but only to the extent that such Claimed Damages are caused by Consultant's failure to meet the Professional Standard of Care in the performance of its Professional Services under this Agreement. Consultant shall have no upfront duty to defend the Owner, but shall reimburse defense costs of the Owner to the same extent of Consultant's indemnity obligation herein. The indemnity obligations provided under this section shall only 611 apply to the extent such Claims are determined by a court of competent jurisdiction or arbitrator to have been caused by the negligence or willful misconduct of Consultant. These indemnity obligations shall not apply to the extent said Claims arise out of, pertain to, or relate to the negligence of Owner or Owner's other agents, other servants, or other independent contractors, including the contractor, subcontractors of contractor or other consultants of Owner, or others who are directly responsible to Owner, or for defects in design or construction furnished by those persons. Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold the Owner harmless for damage, liability or cost (including reasonable attorney's fees and costs of defense) ("Claimed Damages") for those claims arising out of or caused by the Consultant's general negligence or negligence in the operation of motorized vehicles. However, Consultant has no obligation to defend, indemnify or hold the Owner or Indemnitees harmless in any manner whatsoever for that party's own negligence. Answer: While the specific language suggested might not be acceptable in its entirety, the City does not anticipate this to be an issue that cannot be resolved. 24. IV G (cont'd): Replace "may arise from or be the result of an alleged" in lines 9 and 10 with "are caused by a" so that responsibility is clearly assigned to the entity at fault. Typical PLI does not cover negligent acts of others. For the same reason, delete "regardless of whether or not the act or omission is caused in part by a party indemnified hereunder" in lines 13 and 14. Answer: The City does not anticipate that this will be an issue. 25. Appendix A. Sample Contract, Page 5 (A-5)._IV H Independent Contractor: Will City have additional entities performing the Work related to this Agreement (end of first paragraph)? If so, who are they and what are their scope and duties? Answer. No. 26. Appendix A. Sample Contract, Page 6 (A-6). IV I Insurance (2) (d): To be consistent with coverage under PLI, move "negligent" to be ahead of "errors". (2) (f) Our commercial umbrella policy is not over our PLI policy. (9) PLI coverage cannot be extended beyond its renewal date, unless the insured ceases operations and provides "tail coverage". We can, however, agree to maintain coverage (on an annual renewal basis) for the time period specified. 7I Answer. The City does not anticipate that this will be an issue. 27. Appendix A. Sample Contract, Page 13 (A-13). IV Q Ownership of Work: We do not object to having ownership of our design documents pass to our client, but since doing so ends our ability to monitor or control their use, we need to 1) retain the right to continue to use our logos, standard details, and other items developed prior to this project, and 2) be indemnified for the use of our design documents on other projects, unless we are in a position to be sure that the plans are properly used. We can provide typical language that accomplishes this. Answer. The City does not anticipate that this will be an issue. EXHIBIT `B" SCOPE OF WORK PART 1— DESIGN PHASE 1. General. a. The Scope of Work shall include all normal and customary professional services of the Architect and its consultants required in connection with the Schematic Design, Design Development, Construction Documents, Procurement of Construction Services and CM/GC Construction Contract administration phases of the Project. b. Landscape Planning and Design. The Architect shall provide, or secure through a landscape architect, landscape and irrigation planning for the project. c. Color Rendering of Project. To facilitate visualization and perceptions of the project, two (2) color renderings and massing model must be made of the Project. If applicable, a video may be substituted. d. LEED Certification. LEED certification is not being pursued by the City but the Architect will be required to identify those sustainable practices that are incorporated into the design and produce a report that outlines the practices used and their impact on the design and long-term functionality of the building a LEED score card, life cycle costs and initial costs. 2. Site Evaluation and Planning Services. a. Preliminary Evaluation. Site evaluation and planning functions should proceed concurrently with the accomplishment of Schematic Design, Design Development, and Construction Documents. The Architect shall conduct a preliminary review of the site based on information furnished by the City. The Architect will advise the City of potential site -related problems noted from such review. b. Additional Information. The Architect shall advise the City of the need for any information that the Architect determines should be provided by testing laboratory or similar third party provider. With prior written approval of the City as to cost and other business terms, the Architect shall contract for the information or, if the City elects, the City shall contract as advised by the Architect. The Architect shall not be liable to City for professional judgment of third party providers. The Architect shall inform the City if the Architect discovers any defect in the information so provided. Except as provided above as to tests, the retention of independent contractors or other assistance does not relieve the Architect of any responsibility under this Contract. 3. Schematic Design Services. a. Concept Design Studies. In accordance with the approved Preliminary Design and Construction Schedule, the Architect shall prepare and submit to the City Concept Design Studies consisting of a site plan, building plans, sections, elevations, and such other graphic and narrative information as is necessary to describe fully the Architect's proposed solution to the City for review and approval. These studies shall consider land use, the environment, master plans, traffic, parking, transportation, utilities, and functional relationships within the Project and building systems. With such studies, the Architect shall prepare and submit to the City an initial Statement of Probable Construction Cost. b. Schematic Design Documents. In accordance with the approved Preliminary Design and Construction Schedule and based upon approval of and comments made by the City regarding the Concept Design Studies, the Architect shall prepare and submit to the City Schematic Design Documents, including drawings and narratives. These documents shall represent a further development of the approved design concept, providing additional detail and specificity regarding the intended design solution and shall include attendance and presentation of the schematic design to the City of Milton Design Review Board. Comments received from the Design Review Board shall be incorporated into the design documents as directed by the City. Typically, all such documents shall be drawn to scale, indicating materials and assemblies, as appropriate, to convey the design intent and to illustrate the Project's basic elements, scale and relationship to the Site. All major pieces of furniture and equipment to be fixed or supplied by the CM/GC shall be illustrated to scale. (See ASTM Standard Practice E 1804-02, August 2007, Sections 6.3, 8.2 and 8.3 for guidance on information which is generally developed in Schematic Design.) c. Initial Statement of Probable Construction Cost. The Architect shall prepare and submit an initial Statement of Probable Construction Cost. To the extent the Statement of Probable Construction Cost significantly deviates from the GMP Cost Limitation, the Architect shall discuss the deviations with the City and prepare and submit a plan to address the differences. As the design progresses, the Architect shall prepare and submit updated Statements of Probable Cost in like format. The parties understand and agree that the Architect does not have control over the cost of labor, materials or equipment, over the CM/GC's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's GMP Cost Limitation or from any estimate of the Cost of the Work prepared by the Cost Consultant or Construction Manager. d. Schematic Design Approval. The Architect shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design portion of the schedule, and update the projected construction portion of the schedule, The Architect shall meet with the City for the purpose of presenting and reviewing the Schematic Design including the updated schedule and the initial Statement of Probable Construction Cost. The Architect shall obtain the written approval from the City of the Schematic Design Phase before proceeding with the next phase. 4. Design Development Services. a. Design Development Documents. In accordance with the approved Preliminary Design and Construction Schedule and based upon approval of and comments made by the City regarding the Schematic Design Documents, the Architect shall prepare and submit to the City the Design Development Documents. (See ASTM Standard Practice E 1804-02, August 2007, Sections 6.4, 8.2 and 8.3 for guidance on information which is generally developed in Design Development Documents). Approval shall include attendance and presentation of the schematic design before the City of Milton Design Review Board. The Design Development Documents shall consist of a Site Plan, building plans, floor plans, sections, elevations, typical construction details, equipment layouts, and other drawings and outline specifications. These documents will fix and illustrate the size and character of the entire Project in its essentials, including but not limited to kinds of materials, criteria and sizing of major components, equipment sizes and capacities, approximate layouts including required spaces for clearances, type of structure, grade elevations, sidewalks, utilities, roads, parking areas, mechanical and electrical systems. The Architect shall also prepare outline specifications giving basic descriptions of essential components of all systems. The outline specifications shall identify major materials and systems and establish in general their quality levels. b. Floor Plans. The Architect shall prepare floor plans showing spaces by name, number, actual net area of each space, structural module, mechanical spaces, equipment, chases and circulation area. The Architect shall also prepare site plans (which show utilities), plumbing, electrical, mechanical, and structural plans, and equipment layouts, lists and schedules. Drawings shall show overall building dimensions and major lines of dimension. c. Initial Code Compliance Review. The Architect shall submit the completed Design Development Documents for the Fire Marshal's review to the City Plan Review Division. d. Design Development Documents Approval. The Architect shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design portion of the schedule, and update the projected construction portion of the schedule, The Architect shall meet with the City for the purpose of presenting and reviewing the Design Development Documents including the updated schedule and the updated Statement of Probable Construction Cost. The Architect shall obtain the written approval of the City of the Design Development Documents Phase before proceeding with the next phase. 5. Construction Documents. a. General. In accordance with the approved Overall Project Schedule and based upon approved Design Development Documents, the Architect shall prepare and submit to the City the Construction Documents consisting of working drawings and specifications and setting forth in detail the architectural and engineering work required to result in a complete and fully functional Project. The Architect must provide all design documents required for regulatory approvals necessary to receive operating permits/authorizations and a certificate of occupancy (See ASTM Standard Practice E 1804-02, August 2002, Section 8.4 for guidance). b. Basis of Construction Documents. The Construction Documents must be based upon the Program. The Construction Documents must indicate, in detail, the requirements for the construction of the Project (including all on-site and off-site work). c. Conflicts. If there is any conflict between the Program and the Construction Documents, the Program shall prevail and govern, except in the following circumstances: (i) When the Program causes a code violation; or (ii) When the Program shows or calls for a result that, based on evidence presented to the City, will not function properly, will not be suitable for the purposes intended, or includes requirements for processes or equipment that are subsequently determined to be unsuitable; or (iii) When a change was made during the design and approval process that modified the City's requirements. In such case, the Architect and the City must have approved this modification in writing. d. Free from Leaks. In accordance with the applicable Standard of Care, Architect shall design the work in a non -negligent manner such that the building will be free from leaks due to design. e. Specification Format. The Construction Specifications must be in the full Construction Specifications Institute (CSI) Division Three Part Format as established in the CSI Manual of Practice covering required materials, products and equipment, their installation and operation, quality assurances, reference standards and submittal requirements. The Construction Specifications must provide all supplemental information and requirements included but not elsewhere covered by the Contract Documents. f. Working Drawings. Working Drawings shall consist of those drawings necessary to describe the size and character of the Project and its design, construction, materials, finishes, fixtures, civil, structure, mechanical systems and electrical systems and other related work. The Working Drawings must include, where applicable, at least the following: (i) Civil Engineering documents to consist, at a minimum, of site plan, grading, storm drainage plan and profiles, hydrology study, erosion control, paving, fencing, site sanitary system, and site water system, utilities and construction details and specifications. The civil drawings shall coordinate with the plans and construction of the Highway 9 project as prepared by GDOT; (ii) Landscape and irrigation plans. Plan shall coordinate with the civil engineering and architectural documents and shall detail the type, size and placement of landscape material, meter, backflow prevention and irrigation lines. Plans shall detail the design and placement of all hardscape material and plaza layout. (iii) Architectural floor plans, exterior elevations, interior elevations, building sections, wall sections, reflected ceiling plans, interior and exterior details, door and finish schedules, and roof plans. All Architectural Floor Plans shall be at not less than 1/8" = l' 0" scale, must be coordinated with all other disciplines and all required equipment, and must show all required partitions, partition types, doors and door numbers, windows, room names and numbers, dimensions and any other required notes and information for complete floor plans; (iv) Detailing and dimensions that comprehensively describe the design of the building and site development in a consistent and coordinated manner; (v) Wall sections and interior elevations at scales appropriate to illustrate with sufficient detail and clarity the intended work and thereby facilitate its construction; (vi) Reflected ceiling plans at the same scale as the respective floor plans. All reflected ceiling plans must be coordinated with all the engineering disciplines and must show all required ceiling lights, diffusers, access panels, returns, fans, smoke detectors and any other required devices on the ceiling. The architectural reflected ceiling plan takes precedence over all the other engineering plans in regards to fixture and device locations. Sprinkler head requirements shall be per NFPA requirements and coordinated with the reflected ceiling plan; (vii) Structural construction drawings and specifications, e.g. structural steel and cast -in-place concrete work, as well as for foundation reinforcing steel and any other structural elements, must include top of foundation elevation and complete structural details at not less than 1/2" = F scale; (viii) HVAC, plumbing, and fire protection layouts showing major equipment and mains as well as typical distribution branches, riser diagrams, supply and return grilles, fire dampers, and a schedule of plumbing fixtures valves, and all other "end product elements and features. All HVAC, plumbing and fire protection plans must be fully coordinated with the architectural floor plans and reflected ceiling plans. All such drawings shall be at not less than 1/8"= 1'0 scale; (iv) Electrical systems and separate signal and data/telecom conduit systems layouts, as well as riser diagrams for the building, and all other "end product" elements and fixtures. All electrical power and lighting plans must be coordinated with the architectural floor plans and reflected ceiling plans; and (x) Electrical site plans at not less than 1" = 50' scale. (xi) Any specialty products, materials and supplies specified by the Architect must be available. g. Trade Names. Where practical, the Architect should designate the physical properties of materials, products, or equipment and, where possible, use an ASTM number, a Commercial Standard, a Federal Specification number, or any recognized designation. Alternatively, the Architect may utilize manufacturer's trade names and model numbers to specify the material, product or equipment. When specifying trade names and model numbers, it is the policy of the City to promote competition among manufacturers and suppliers. When specifying trade names or brand names to identify parts and components of the Work, the Architect shall specify a minimum of three products that fulfill the design requirements and level of quality, such designations then become the only authorized and acceptable products for that element of the work. Under no circumstance should the Architect include the words "or equal" in any specification or drawing. It is further the policy of the City that during the preconstruction phase and preceding the GMP Change Order, the Architect shall consider additional products of manufacturers as requested by bidders or Construction Professionals, which products after approval by the City then become part of the specifications. After execution of the GMP Change Order no further substitutions of specified products are allowable. CM/GC's Responsibilities. The Architect shall not require the CM/GC to provide professional services that constitute the practice of architecture or engineering in the Construction Documents unless such services are proprietary for that portion of the Work or unless the CM/GC needs to provide such services in order to carry out the CM/GC's responsibilities for construction means, methods, techniques, sequences, and procedures. The CM/GC shall not be required to provide professional services in violation of applicable law. If professional design services or certifications related to systems, materials, or equipment are specifically required of the CM/GC by the Contract Documents, the Architect will specify all performance and design criteria that such services must satisfy. i. Construction Documents Approval. The Architect shall, on the Preliminary Design and Construction Schedule, show the progress to date, confirm the remainder of the design schedule, and update the projected construction schedule. The Architect shall meet with the City for the purpose of presenting and reviewing the Construction Documents including the updated schedule and a final Statement of Probable Construction Cost. The Architect shall obtain the written approval of the City of the Construction Documents before proceeding with the next phase. (See ASTM Standard Practice E 1804-02, August 2002, Section 8.4 for guidance on information which is generally contained in Construction Documents.) Issuance of Documents. Upon receipt of the review comments from the City, the Architect shall complete the Construction Documents for any Component Change Order or the final Construction Documents to respond to the review comments and furnish final copies to the City prior to release of Construction Documents for a Component Change Order. The Contract Documents for submission of proposals shall be bound into a Project Manual, including the Invitation to Propose, the RFQ, the RFP, Proposal Form(s), Contract Form, General Requirements, Supplementary General Requirements and, to the extent required, the Specifications. k. Building Information Modeling (BIM). Architect shall prepare a three-dimensional representation in electronic format of the physical and functional characteristics of the Project though the Level of Development 300 ("the Model"). The model shall include all architectural, MEP and structural components. Upon the completion of the Construction Document Phase, the Model shall be delivered to the City and shall become the property of the City, provided the City substantially performs its obligations, including prompt payment of all sums when due. The City shall not use or authorize any other person to use the Model on other projects. This conveyance shall not deprive the Architect of the right to retain electronic data or other reproducible copies of the Model or the right to reuse information contained in them in the normal course of the Architect's professional activities. Notwithstanding any provision herein to the contrary, Architect shall retain its rights to all proprietary and/or standard elements contained within the Model, including Revit families and standard details generated, created or authored by the Architect for its repeated, regular and ongoing use in instruments of service for its clients. Moreover, the Architect does not convey any right in the software or databases used to generate the Model. The City agrees and acknowledges that the Model is not a substitute for the signed and sealed Contract Documents in printed, hard copy form issued by the Architect. The City further agrees that the only copies of Contract Documents that may be relied upon are limited to the printed, hard copies that are signed and sealed by the Architect. Moreover, information or data obtained or derived from the Model shall not be used to create Shop Drawings or other submissions; provided, however, they may be used as Shop Drawing backgrounds. In all cases the hard paper Construction Documents shall be given precedence in the event any discrepancies between the hard copy documents issued by the Architect and the Model. The Model and any other digital data furnished by the Architect are for the convenience of the CITY and for informational purposes only. The Model and any other digital data is being transferred "AS -IS" and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use of the Model will be at the sole risk of the user and without liability, risk, or legal exposure to the Architect or our consultants. The CITY agrees to release the Architect, our consultants, and their partners, shareholders, agents and employees from and against any and all claims, demands, losses, expenses, damages, penalties, and liabilities of any kind, including, without limitation, attorneys' fees and disbursements, arising out of or relating in any way to the subsequent use of or modification to the Model by the City, CM/GC, Subcontractor or City's consultants. 6. CM/GC Construction Procurement Services. Assist The City. The Architect shall assist City, as requested, in obtaining proposals from qualified firms to act as CM/GC. The Architect shall advise and assist the City with respect to the preparation of documents necessary and appropriate for the process of selection of the CM/GC for the Project which may include assistance in the development of the criteria that will be used to evaluate the list of candidates for the CM/GC. 7. Pre -Construction Design and Related Services. The following services are to be provided by the Architect during the pre -construction period leading to issuance of any Component Change Order and the GMP Change Order. a. CM/GC Design Coordination Meetings. The Architect shall from time to time meet with the CM/GC and shall, with the City, attend scheduled meetings for the purpose of collaborating and coordinating the final design and Construction Documents. b. Coordination. The Architect, together with the City, is responsible for coordination and cooperation with the CM/GC for the design of the Project within the budgeted cost and schedule. The objective of the coordination is to assure that the design meets the Program in all respects, including but not limited to the following areas: (i) Cost containment and cost monitoring; (ii) Cost-effective decisions; (iii) Compatibility with City's architectural standards. (iv) Consistency with the City's expectations in the Program; (v) The appropriate provision of all necessary services and utilities; (vi) The necessary level of environmental review and documentation; (vii) That the City is kept fully aware of the progress of the project; (viii) That the project schedule is maintained; (ix) That construction quality assurance complies with the City's Program; (x) That the Construction Documents are reviewed for constructability; and (xi)That all permits and approvals are obtained for occupancy by the City. c. Overall Project Schedule. The Architect shall assist the CM/GC with the development of a Construction Progress Schedule and an Overall Project Schedule for approval by the City of a realistic sequence of design, construction, and procurement activities necessary to achieve completion of design and commencement and completion of construction of the Project in accordance with the City's Program. The Overall Project Schedule shall include, but is not limited to, the following: (i) a schedule for completion of Construction Documents for the entire Project; (ii) a schedule for the anticipated commencement and completion of construction and procurement activities under Contract Documents for each Component for which separate Component Construction Documents are to be prepared; (iii) a schedule showing the date by which the CM/GC anticipates CM/GC shall propose a GMP Change Order to the CM/GC Contract; (iv) a schedule showing the date by which the CM/GC anticipates CM/GC shall propose a lump sum price Change Order to the CM/GC Contract; (v) a schedule for approval times for shop drawings and submittals required of the CM/GC, keeping in mind that the CM/GC shall be instructed to take into account large submittal documents that will require longer review times, e.g., submittals with over fifty sheets of drawings; (vi) a schedule of dates for the submittal of approval documents to the City; d. Changes Prior to GMP Change Order. In the event the City proposes a change to the Program, the Architect shall review the proposed revision to determine whether the change requires a change in the GMP Cost Limitation. PART 2 - CONSTRUCTION CONTRACT ADMINISTRATION SERVICES Overall Administration. This function covers the overall Project administrative duties performed by the Architect during the construction phase and includes the use of the Architect's delegated authority to require that the CM/GC comply with the Contract Documents. It includes all duties that constitute the Architect's administration of the Construction Contract. The Architect acknowledges that all definitions and terms of trade usage set forth in the General Requirements of the CM/GC Contract are incorporated into this Contract by reference. The CM/GC, however, shall be solely responsible for safety as well as the means and methods of construction. The Construction Contract administration services described in this Part are to be distinguished from the continuous services of the CM/GC and the services of a third party construction inspector or quality control specialist. 2. Duration. The Construction Contract administration services phase begins with the issuance of a Notice to Proceed of a CMIGC Construction Services Contract for the construction services portion of the work (not for preconstruction services) and is concerned with both office and field professional services required to direct the Construction Contract administration. The Construction Contract administration services of the Architect shall commence upon receipt of a letter from the City requesting the Architect to proceed and shall continue until completion of the project. 3. Cost Control Prior to GMP. At appropriate intervals prior to agreement on the GMP Change Order, the Architect shall review the Construction Cost Estimate provided by the CM/GC and with the CM/GC develop the Reconciled Construction Cost Estimate, consisting of a composite of the Architect's Estimate of Probable Construction Cost and the CM/GC's Construction Cost Estimate, each separately derived and each based upon the Program and design documents prepared by the Architect. If at any time the Architect's Estimate of Probable Construction Cost and the Construction Cost Estimate of the CM/GC, are, in the City's judgment, not reconcilable or exceed corresponding Components of the Project Budget, the City, the Architect and the CM/GC shall confer to resolve such differences; and if such differences cannot be resolved, to recommend to the City such actions as may be necessary or appropriate to resolve such differences. 4. Site Visits. During the Construction Administration phase, the Architect and its professional consultants shall make Site Visits to the project site to discharge their professional obligations. The Architect shall submit, for review and approval of the City, a schedule of anticipated site visits, for each design discipline, that is compatible with the approved construction schedule. The number of site visits during construction that have been included as part of Scope of Work are set forth in Exhibit "B.1". Additional Site Visits shall be treated as Additional Services, except that additional Site Visits caused by any negligent error or omission of the Architect shall be part of Scope of Work and shall not be an Additional Service. Additional Site Visits caused or necessitated by unforeseen construction conditions or non-compliant Work of the CM/GC shall normally be approved by the City. 5. Accessibility. The Architect shall designate a readily accessible representative (either on Site or by computer, phone, fax, or otherwise) who shall have authority promptly to convey decisions and to furnish information required of the Architect. 6. Basic Office Services. The basic office services performed during the construction phase include: (i) Administering the construction contract, (ii) Monitoring the status of City's construction funds, (iii) Requiring receipts from all known subcontractors and all known suppliers (1) if Architect has evidence of delinquency on the part of the CM/GC in making payments or (2) if it is requested to do so by the City, (iv) Recommending withholding payments to the CM/GC, as appropriate, (v) Issuing certificates of payments, (vi) Reviewing and commenting on shop drawings and submittals for conformance with design intent, (vii) Making revisions, corrections or clarifications to the Contract Documents by bulletins or Change Orders, (viii) Maintaining correspondence and records, (ix) Performing associated clerical services, (x) Reviewing / evaluating and processing of Change Order requests and claims. (xi) Issuing Change Orders as described in the General Requirements for changes in the work (No changes in the Contract Documents shall be made except with the prior written consent of the City.), (xii) Responding to all RFI's (Requests For Information), (xiii) Executing all other duties required of the Architect in the General Requirements, (xiv) Reviewing the certificates, manuals and guarantees assembled by the CM/GC as provided in the Contract Documents, (xv) Recommending acceptance of the completed project. 7. Basic Field Services. The professional services performed during the construction administration comprise on-site observation, evaluation, and documentation by the Architect and its consultants to identify nonconformity of the work with the Contract Documents. In addition, the Architect shall observe and document appropriately any compliance concerns with agreed construction schedules, the superintendence of the work, and the qualifications of skilled workers. g. Observations, Evaluations and Documentation. A principal of the Architect's firm and/or approved Architect subcontractor consultant firm, or a qualified employee of each firm approved by the City shall perform observations, evaluations and documentation. The Architect shall not knowingly certify Work for payment that has been improperly installed. The Architect shall engage registered professional consultants licensed in the State of Georgia to make periodic observations and evaluations and a final observation and evaluation of the work and to assist in its administration of the construction contract. The Architect shall not accept, authorize the covering of, or certify for payment Work in a field or trade in which the Architect is not skilled and competent, except upon the personal advice and written approval of said consultants. The Architect shall arrange, as a part of its services, for registered professional consultants responsible to the Architect to make periodic observations and evaluations and to advise the City in writing from time to time and as the work progresses, as to the concurrence on the part of the consultants in (i) the accepting, (ii) the consenting to the covering of, and (iii) the certifying for payment of Work in their fields of practice. The Architect is fully responsible for any Work designed, approved, certified, or accepted by its consultants the same as if the said Work were designed, approved, certified, or accepted by the Architect. Once a month a written report shall be submitted to the City apprising it of the progress and condition of the Work. h. Construction Progress Meetings. The Architect shall attend construction progress meetings periodically held by the CM/GC at the job site on a schedule determined by the CM/GC. The Architect shall review the minutes of the meeting and provide its written comments to the minutes to the City and CM/GC within seven (7) calendar days after the meeting. Contracts with Consultants. Upon demand of the City, the Architect shall furnish the City a copy of each contract between the Architect and its consultants, and such contracts must indicate (i) completely, definitely and clearly the Construction Contract administration services to be performed by the consultants, and (ii) bind the consultant to the terms of this Contract which apply to the services of the consultants. City's Quality Control Inspector. When desired by the City, a quality control inspector may be engaged by the City and paid or reimbursed by the City. The individual or firm shall be one to whom the Architect has no reasonable Objection. k. Component Change Orders. When the use of a Component Change Order and Component Construction Documents are contemplated, the Architect shall request that the CM/GC submit a Component Change Order under the CM/GC's Agreement for the construction or procurement of the Component under the Component Construction Documents. Upon receipt of the proposed Component Change Order, the Architect shall review the proposed Component Change Order to determine its compliance with the CM/GC Contract. The Architect shall issue Component Construction Documents meeting the following minimum criteria: (i) The Component Construction Documents shall reasonably show the intent of the Work to be accomplished; (ii) The Component Construction Documents shall be sufficient for the CM/GC to price the Work; (iii) The Component Construction Documents shall meet all regulatory and Fire Marshal requirements; and (iv) The Component Construction Documents shall be sufficiently detailed to preclude the necessity for rework as the Construction Documents proceed to 100% completion; and (v) The Component Construction Documents shall be stamped by the licensed/registered Architect of record or his/her licensed/registered engineering consultant. in. With respect to any Component Change Order proposed prior to the execution of a GMP Change Order, Architect shall recommend to the City approval or disapproval of the Component Change Order. With its recommendation, Architect shall (i) provide to City any analysis of the Component Change Order price as it relates to Estimates of Probable Construction Cost submitted by the Architect and to the GMP Cost Limitation, and (ii) recommend to City the amount to be established by City as an City's contingency reserve with respect to the work governed by the Component Change Order if the Component Change Order is approved by the City. If the proposed Component Change Order proposes a price for the work governed by the Component Construction Documents to which the proposed Component Change Order relates which materially exceeds the Architect's Estimate of Probable Construction Cost corresponding to such work, the Architect shall recommend such corrective action, if any, which the Architect shall deem necessary or appropriate such that the Project Cost shall not exceed the GMP Cost Limitation. n. The GMP Change Order. The Architect is responsible for coordinating the development of a framework for negotiating the guaranteed maximum price (GMP) and, if appropriate the subsequent lump sum contract with the CM/GC. These duties include, but are not limited to: (i) Monitoring the GMP and/or lump sum contract on behalf of the City and taking appropriate actions to require that the CM/GC maintains consistency with the terms and conditions of the contract(s). (ii) Monitoring construction activities to require consistency with the Program's project and quality specifications expectations. (iii) Maintaining an on-site presence and accessibility (e.g., telephone, facsimile) through a qualified representative during all construction activities to assist in clarifying design or construction issues where the City's input is required, and in general, assuring the City that the project is well and duly constructed. o. Processing the GMP Change Order. When the Construction Documents for the entire project reach the stage of completion at which the CM/GC is required to propose a GMP Change Order, the City shall request the CM/GC to submit a GMP Change Order under the CM/GC's Agreement for the construction of the entire Project under the Construction Documents. Architect shall confer with CM/GC in CM/GC's development of a GMP Change Order proposed in connection with those matters that affect the services of the Architect under this Agreement. Upon receipt of the proposed GMP Change Order, Architect shall review the proposed GMP Change Order to determine its compliance with the Program and the CM/GC's Agreement and shall recommend to the City approval or disapproval of the GMP Change Order. With its recommendation, Architect shall: (i) Provide to City any analysis of the GMP Change Order price as it relates to the prior Estimates of Probable Construction Cost submitted by the Architect and to the GMP Cost Limitation; (ii) Shall recommend to City the amount to be established by City as an City's contingency reserve with respect to the work governed by the GMP Change Order if the City approves the GMP Change Order; (iii) Shall determine whether the proposed GMP Change Order is consistent with the CM/GC's Agreement, including the Project Schedule to the extent any changes to the Project Schedule proposed by the GMP Change Order affects the activities of the Architect under this Agreement and, if there is a variance, whether Architect agrees to such variance; and (iv) Shall determine whether the proposed GMP Change Order and the assumptions on which it is based are consistent with the Program or subsequent revisions, prepared by the Architect and theretofore approved by the City. p. , If the GMP Change Order proposes a Guaranteed Maximum Price which, taking into account recommended contingency reserves, exceeds the GMP Cost Limitation for construction of the Project, Architect shall recommend such corrective action which the Architect believes is necessary to reduce such price so that it is within the GMP Cost Limitation or which is necessary to alternatively procure such work. If the City agrees to a Guaranteed Maximum Price that exceeds the GMP Cost Limitation, then the GMP Cost Limitation shall be thereafter equal to the Guaranteed Maximum Price but there shall be no increase in the compensation of Architect under this Agreement as a result of such change to the GMP Cost Limitation. q. If the GMP Change Order is based on a design prepared by the Architect on behalf of the CM/GC which has not been approved by the City or upon assumptions concerning such design, said assumptions having not been approved by the City, the Architect shall identify such design or assumptions that require City's approval. r. In accordance with the Standard of Care, the Architect shall issue GMP Construction Documents meeting the following minimum criteria: (i) The GMP Construction Documents shall reasonably show the intent of the Work to be accomplished; (ii) The GMP Construction Documents shall be reasonably sufficient for the CM/GC to price the Work; (iii) The GMP Construction Documents shall be designed to meet all regulatory and Fire Marshal requirements (Refer to the City's Instructions to Architects for Fire Marshal permit approval requirements); (iv) The GMP Construction Documents shall be sufficiently detailed as is consistent with their percentage of completion to preclude the necessity for unreasonable rework as the Construction Documents proceed to 100% completion; and (v) The GMP Construction Documents shall be stamped by the licensed/registered Architect of record or his licensed/registered engineering consultant s. Upon approval of the GMP Change Order, the City will issue to the CM/GC a Notice to Proceed. t. Upon approval by the City of the GMP Change Order, any revision of the Project Schedule proposed thereby shall be incorporated into this Agreement and shall govern the schedule of activities of the Architect. u. Upon approval by the City of the GMP Change Order, the Architect on behalf of the CM/GC shall complete its design of the Project. This design shall include Construction Documents, developed in accordance with the basis stated in the GMP Change Order. v. Monitoring CM/GC Performance. The responsibility of Architect for administering the Construction Contract is not affected in any respect by the presence of a contract compliance specialist at the site or by inspections by other employees or contractors of the City. The Architect agrees that its responsibility for approving, accepting, consenting to the covering of, and certifying Work for payment is not shared with employees or other contractors of the City. If a contract compliance specialist or quality control inspector has been assigned to the Project, the Architect shall direct same to enter into its Project diary the date on which the Architect approves or consents to covering of given Work together with precise identification of the Work. w. Responding to the CM/GC. (i) Requests for Information (RFT). The Architect will review and respond with reasonable promptness, normally five (5) business days from receipt, to properly prepare any reasonable requests from the CM/GC for additional information about the Contact Documents. The Architect shall prescribe the format for such requests and shall instruct and assist the CM/GC in adhering to this format. (ii) Supplemental Drawings. The Architect shall prepare all supplemental drawings to the Contract Documents as required for the successful completion of the Project or as requested by the City. The Architect agrees it will not issue any verbal or written orders for omission from, additions to, or changes in the CM/GC Contract until approved in writing by the City. Provided, however, that any supplement drawings or additional services necessitated by decisions of the City not rendered in a timely manner, any other failure of performance on the part of the City or the City's consultants or GC/CM (to include faulty, defective and/or nonconforming Work) or substitutions approved by the City during the Construction Phase shall be compensated as an Additional Service. x. Evaluations of the Work. (i) Site Visits. The Architect shall see that it and its consultants make field observations and evaluations as called for in this Contract and during the critical phases of construction. To the extent practicable for visits not on the schedule, the Architect shall provide advance notice to the City of its site visits and by its consultants. The services of the Architect's field representative, if any, shall not be utilized for checking shop drawings unless the field representative is an licensed architect of the firm or has a specific approval of the City. The Architect shall maintain a log of all its visits to the site and by its consultants. The Architect shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work, and shall not be responsible for a CM/GC's failure to carry out the work in accordance with the Contract Documents. However, when the Architect observes the CM/GC failing to execute the Work in accordance with the Contract Documents, the Architect shall promptly notify the CM/GC in writing of all such deficiencies and shall issue such notices of Non -Compliant Work it deems appropriate, including, when necessary to avoid damage to the Work, issuing a stop work order over such part of the Work as is necessary. The Architect shall promptly inform the City of all such actions, including copies of all notices and back up documentation. (ii) Deviations from the Contract Documents. The Architect shall report known deviations from the Contract Documents and the construction progress schedule to the City and the CM/GC through site observations and evaluations appropriate to the stage of completion of the work or as otherwise agreed to by the City. The Architect shall issue Notices of Non -Compliant Work for nonconforming work. The Architect is responsible for its acts and its consultants, but shall not have control over and shall not be responsible for the acts or omissions of the CM/GC, subcontractors or their agents or employees. y. Certification of Payments to the CM/GC. (i) Issuance of Certification. Based on project site observation, the Architect shall review the CM/GC's Application for Payment and determine the amount owed to the CM/GC and shall certify the CM/GC's Application and Certificate for Payment. Such issuance shall constitute a representation by the Architect to the City that to the best of the Architect's knowledge, information or belief, the Work has progressed to the point indicated, and that the quality of Work is in accordance with the Construction Documents, and that the CM/GC is entitled to payment in the amount requested. If the Architect declines to certify all or a portion of the amounts requested by the CM/GC, it shall state the reasons therefore, in its certification, and shall provide written notice to the CM/GC of the same. When requested by the City, the Architect shall require lien waivers prior to approving the CM/GC's Application for Payment. (ii) Record. The Architect shall maintain a record of the CM/GC's Applications for Payment. (iii) Advice on Construction Progress. To each Application for Payment forwarded to the City, the Architect shall attach its advice on construction progress, in the format (if any) provided in the CM/GC Forms Packet, and provide a copy to the CM/GC. z. Submittals. (i) The Architect's Review. Within fourteen calendar days from receipt, the Architect shall review and give comment or approval regarding the submittal schedule as detailed in the CM/GC's General Requirements. The Contract Documents shall specify when shop drawings or submittals require the seal of a specialty consultant. The Architect shall then review, approve, or take other appropriate action with respect to shop drawings, samples, or other submissions of the CM/GC, including, but not limited to, confirmation of conformance with the design concept of the Project and with the Contract Documents. The Architect shall respond to the CM/GC and return said items to the CM/GC within fourteen calendar days from receipt, provided that the CM/GC submits the submittals in accordance with the required submittal schedule. In establishing the Submittal Schedule the CM/GC shall be instructed to take into account large submittal documents that will require longer review times, e.g., submittals with over fifty sheets of drawings. (ii) Record. The Architect shall maintain a record of submittals and copies of submittals supplied by the CM/GC. (iii) Re -submittals. The Architect shall be responsible for an initial submittal review and one re -submittal review. Where the re -submittal is not accepted due to noncompliance with the specifications, the CM/GC shall be responsible for payment of the additional time required by the Architect to complete the submittal review. (iv) The Architect shall not redesign, add or change scope on submittals without first requesting a change request and approval by the City. aa. Changes in the Work after the GMP Change Order. (i) The Architect's Review of Change Orders. The Architect shall review and submit for approval of the City, Change Orders to the CM/GC Contract, as conditions warrant, utilizing the forms provided in the CM/GC General Requirements. If the Change Order is City -directed, the Architect shall coordinate the preparation of the Change Order with the CM/GC. (ii) Determination of Cost. The Architect shall review the CM/GC's proposed cost of the work, time to complete, effect upon the construction progress schedule, and effect upon time dependent costs, and provide appropriate comments within 14 calendar days concerning such proposed costs and expenses. (iii) Approval of the City. The Architect shall order no changes in the Work without the approval of the City. (iv) Advice on Construction Progress. To each Change Order which grants an extension in the Contract Time, the Architect shall attach its advice on construction progress, in the format provided (if any) in the CM/GC Forms Packet, and provide a copy to the CM/GC. bb. Project Completion. (i) Inspection for Material Completion. Material Completion is specifically defined in the General Requirements and all references to substantial completion or the concept of substantial completion are deleted and of no force and effect in the Contract Documents except as substantial completion may be determined by a judge. The Architect shall cooperate with the CM/GC in preparing for and implementing the Inspection for Material Completion, and shall conduct and document its inspections and evaluations for Material Completion within ten business days from notice of request. Upon successful completion of the Inspection for Material Completion the Architect shall issue a Certificate of Material Completion. The Certificate of Material Completion shall include the Final Punch List that shall specify each item that constitutes either a Minor Item or Permitted Incomplete Work and shall additionally specify a value for each. It is the responsibility of the Architect to have its representative and representatives of its major consultants present for the inspection and evaluation for Material Completion. Otherwise, the inspection and evaluation will be canceled and rescheduled at the Architect's expense. The Architect who executes the Certificate of Material Completion must be the person who has executed the Architect's Contract or its successor. (ii) Payment for Material Completion. Upon receipt of the Certificate of Material Completion, the CM/GC may make Application for Payment for Material Completion (which includes retainage). Before certifying such payment, the Architect shall withhold from the amount certified 200 percent of the value of each Minor Item or Permitted Incomplete Work and shall require the CM/GC to provide the Final Affidavit, the Non -Influence Affidavit, and supporting documentation called for in the General Requirements. If the CM/GC has shown any exceptions on the Final Affidavit, the Architect shall also make appropriate deductions to the Certificate of Payment. (iii) Final Inspection and Evaluation. Upon receipt of the request for Inspection for Final Completion, the Architect shall conduct and document its inspections and evaluations for Final Completion. The Architect shall confirm that the Final Punch List and all Minor Items and Permitted Incomplete Work are successfully accomplished. Upon successful completion of such inspection, the Architect shall certify to the best of its knowledge and belief to the City that the Project has been completed in compliance with the Contract Documents. The Architect then shall issue to the City and to the CM/GC a Certificate of Final Completion. The Architect who executes the Certificate 'of Final Completion must be the person who has executed the Architect's Contract or its successor. (iv) Final Payment. Upon issuance of the Certificate of Final Completion and receipt of an application for Final Payment, the Architect, shall certify Final Payment for the funds withheld at Material Completion. (v) Effect of Certificates. Neither the issuance of any certificate as to any Application for Payment, achievement of Material Completion or Final Completion, or certification of any payment by the Architect, nor any other provision in the Contract Documents, shall relieve the CM/GC of the responsibility for faulty materials or faulty workmanship. cc. Record Drawings, Final Documents and Closeout Services. (i) Record Drawings and Final Documents. The Architect shall, upon final completion of the Project, revise the original drawings and specifications based upon documents incorporated by Change Orders, additional sketches, answered RFI's and marked up documents provided by the CM/GC to show the project as built. The Architect shall furnish and deliver to the City after the entire work is completed, and not later than sixty (60) calendar days after execution of its Certificate of Final Completion, the Record Drawings. (Record Drawings and Final Documents shall reflect all changes caused by addenda, field changes, Change Orders or observed changes by the Architect, the CM/GC or the subcontractor(s) to the extent such CM/GC or Subcontractor observations are communicated in writing to the Architect. The Architect shall furnish the City, at no additional cost, all files in PDF format, or other approved equal, to include a set of specifications, complete with all addenda and authorized Change Orders and the Record Drawings and Final Documents showing the Architect's understanding of the locations of all utility lines and shall be altered to conform to all changes made in the building during its construction. The Architect shall furnish additional copies of the aforesaid documents or reproducible documents as requested by City, for which the City shall pay the actual cost of reproduction. (ii) Review of Operating Instructions. The Architect shall review and confirm that all equipment and systems operation and maintenance manuals provided by the CM/GC are in compliance with the Specifications and shall forward to the City all equipment and systems operation and maintenance manuals provided by the CM/GC in compliance with the Specifications. (iii) Cooperation with Facility Operation and Training Services. The Architect shall cooperate with the CM/GC to provided operations instructions and training for the City's facilities personnel to include normal operation of all building systems, emergency operations, and normal maintenance operations. (iv) Facility Observation and Evaluation - Warranty Services. The Architect shall observe and evaluate the function of building systems during the warranty period to identify actual and potential warranty items, as well as any deficiencies or defects that require correction. Reports shall be rendered in sufficient time for the City to secure corrections under applicable warranties. EXHIBIT 66B.1" SCOPE OF WORK AND PRICING FROM ARCHITECT'S PROPOSAL rid on COOPER CARRY PROPOSAL FORARCHnrECTURAL SERVICES FOR: CITY OF MILTON POLICEICOURT AND FIRE FACILITIES MILTON, GEORGIA PROJECT No. 20160228 CITY OF MELTON 2006 HERITAGE WALK MELTON, GEORGIA 30004 REVISED APRIL 26, 2018 PAGE 1 OF 10 PROJECT DESCRIPTION The proposed City of Milton Police/Court & Fire facility will be comprised of two buildings on property owned by the City of Milton along Highway 9. The Milton Police and Court Building will be a one-story building with a partial basement of approximately 21,400 gross square feet and will include the Municipal Court, Police Department office areas and Sally Port. The fire station will be a three apparatus bay facility with administrative offices of approximately 13,825 gross square feet. The fire station will include a two story training tower of approximately 650 GSF. • Zoning - The project parcel falls within the City of Milton Form Based Code. • Sustainability — The City of Milton is not currently seeking LEED certification for the project though we will prepare a LEED checklist for Owner review. • We anticipate approximately seventy-seven (77) surface parking spaces will be provided for the Courts/Police public parking. In addition, sixty-three (63) surface parking spaces will be provided for staff & FD visitor parking. • A portion of the site's storm water requirements will be met via an existing/modified storm water basin. Additional storm water capacity will be provided via an underground storage chamber beneath the staff parking area. • A conceptual project development budget was updated to reflect the anticipated costs associated with these facilities. The proposed total project cost is $15,000,000 for construction costs, site work, soft costs and FF&E. PROJECT TEAM We propose to use the following team of consultants for Basic Services: Architect: COOPER CARRY Associate Architect: Stewart Cooper Newell Architects (Programming & Schematic Planning) Civil & Landscape: Breedlove Land Planning Structural: Uzun + Case Engineers MEP: Conway & Owen FP: Conway & Owen (Performance Specifications Only) PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITi, PROJECT No. 20160228 REVISED APRIL 26, 2018 PAGE 2 OF 10 SCOPE OF BASIC SERVICES Our scope of Basic Services includes: 1. Architectural, interior design, structural, and MEP/FP design for the one-story Police & Municipal Court building of approximately 21,400 GSF. The proposed building will include a partial basement of approximately 5,500 GSF. We will work with City staff to review options fora larger basement configuration as budget permits. 2. Architectural, interior design, structural, and MEP/FP design for the one-story, three -bay Fire Station of approximately 13,825 GSF. 3. Architectural, structural and MEP design for a two story fire training tower of approximately 650 GSF. 4. Civil Engineering for the overall site design including general site layout, tree protection, storm water design, NPDES and utilities for the proposed project. Offsite grading as indicated pending easement agreement between the City and adjacent neighbors. PHASES - BASIC SERVICES COOPERCARRY's Basic Services will be provided in the following Phases: SCHEMATIC DESIGN SERVICES The schematic design drawings will develop the program & conceptual plans prepared under a separate limited services agreement to define the scope of the Project in sufficient detail to present to Milton City Council & constituents. Schematic design documents will consist of the following: (a) site plan, (b) preliminary building plans, (c) elevations, (d) narratives by discipline, and (f) Two (2) 3D images to illustrate the overall concept. Three (3) meetings during this Phase have been included as part of Basic Services. In addition Cooper Carry will hold a Courtesy Review meeting with the City's Design Review Board to discuss proposed materials and aesthetics. Additionally, COOPER CARRY will provide a preliminary pricing package. The cost consultant will provide a Schematic cost estimate for comparison with the Construction managers preliminary cost model. Estimated duration of this Phase is eight (8) weeks. DESIGN DEVELOPMENT SERVICES This phase will commence upon your approval of the Schematic Design Documents. Based on the approved Schematic Design Documents, we will develop the Design Development Documents into a set of documents that can be used by the Construction Manager to confirm the Schematic budget. Design Development Documents will consist of the following: (a) Site Plan, (b) Floor Plans, (c) Building Elevations and Sections, (d) Wall Sections and (e) Building Systems and Materials Description. Four (4) meetings during this Phase have been included as part of Basic Services. Estimated duration of this Phase is eight (8) weeks. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF MELTON POLICE/COURT AND FIRE FACILITI' PROJECT No. 20160228 REVISED APRIL 26, 2018 PAGE 3 OF 10 CONSTRUCTION DOCUMENT SERVICES This phase will commence upon your approval of the Design Development Documents. Based on the approved Design Development Documents, we will develop a set of drawings and specifications that will serve as construction documents and the basis of your construction contract with the Construction Manager. These documents will include: (a) Working Drawings, (b) Specifications, (c) General Conditions of the Contract, and (d) Supplemental Conditions of the Contract, if any. Four (4) meetings during this Phase have been included as part of Basic Services. In addition, Cooper Carry will submit a design package to the City's Design Review Board for review and acceptance. Estimated duration of this Phase is twelve (12) weeks. CONSTRUCTION PHASE- ADMINISTRATION OF THE CONSTRUCTION CONTRACT This Phase will commence (a) when you issue a written "notice to proceed" to the Contractor, or (b) if you have not issued a "notice to proceed" to the Contractor, with the first request by you and/or the Contractor to provide the services described in this Section of this Proposal. Our Services in this Phase will consist of the administration of the Construction Contract to facilitate progress of the work. Included in this Phase is a review of test reports, a maximum of two (2) reviews for each shop drawing submittal for conformance with design intent, periodic site visits, Application for Payment review and certification, and written reports to you concerning our site visits. The purpose of the periodic site visits is for COOPER CARRY to become generally familiar with the progress and quality of the portion of the Work completed and to determine, in general, if the Work being observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, COOPER CARRY shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The following number of site visits during construction has been included as part of Basic Services: Architectural - 24 site visits (Two site visits per month plus 2 Preconstruction Conferences; additional preconstruction conferences, if requested, will be billed on an hourly basis) Structural - 6 site visits MEP/FP - 6 site visits Civil - 6 site visits Estimated duration of this Phase is twelve (12) months. PROPOSAL FOR ARCIIITECTURAL SERVICES FOR: CrrY OF MILTON POLICFJCOURT AND R RE FACILITY PROJECT No. 20160228 REVISED APRIL 26,2018 PAGE 4 OF 10 SPECIAL CONSULTANTS AND/ORSERVICES TO SUPPORT DESIGN EFFORT We have identified the following Special Consultants to support the design effort based on discussions with City of Milton: Acoustical Consultant: Arpeggio Consulting Water Intrusion Consultant: Williamson & Associates AV/Comm & Security: Network Technologies, Inc. Cost Consultant: ADE Construction Consultants, Inc. FF&E Design: COOPERCARRY Graphic Design: COOPER CARRY Additional special consultants may be required to support the design effort but are not included in our scope or fee. Required services for these consultants have not been determined at this time. These special consultants include but may not be limited to: Environmental Consultant Geotechnical/Soils Consultant Curtain Wall Consultant Exterior Fagade Maintenance Consultant Elevator/Conveying System Consultant Water Feature/Pool/Spa Consultant Traffic/Transportation Planning Inspection and Material Testing Consultant Food Services Consultant Laundry Consultant Special Lighting Consultant Code/Life Safety Consultant LEED Administration Consultant LEED Commissioning Consultant Construction Consultant Site Survey Consultant In the event such special consultants are required to support the design effort and are retained, at your direction, by COOPER CARRY, the Basic Services for any special consultant will be billed to you at a multiple of 1.10 times the special consultant's invoice in order to cover additional professional liability insurance, management and administrative costs. COMPENSATION BASIC SERVICES We propose to provide the identified Basic Services for a fee of Six and one-half percent (6.5%) of Construction Cost including spent contingency. If the project scope or construction costs increase above the stated cost limitation ($13,014,144), inclusive of Owner approved additional scope or CM change orders not due to the fault of the Architect, then Cooper Carry shall be compensated at 7.5 percent of increased construction cost. Cooper Carry will advise the client of overall projected fee modifications at each phase listed below. We have estimated the Construction Cost of the proposed Police/Court & Fire Facility based on current conceptual floor plans multiplied by the cost/GSF per facility based on the June 8, 2017 cost estimate prepared by ADE. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF MELTON POLICEICOURT AND FIRE FACILITY PROJECT No. 20160228 REVISED APRIL 26,2018 PAGE 5 OF 10 PROGRAM COMPONENT ESTIMATED COST Police & Court Building (21,400 GSF * $325/SF) $6,955,000 Fire Station & Administration (13,825 GSF * $267/SF) $3,691,275 Fire Training Tower (650 GSF * $200/SF) $130,000 Site Work (site estimate 6/8/17) $2,237,869 CONCEPTUAL CONSTRUCTION COST $13,014,144 BASICSERvICES FEE (6.5% OF CONS TRUCTION COST) $845,919 The Basic Services Fee indicated above will be a fixed, lump sum fee for the project unless the project scope is modified and the project construction costs exceed $13,014,144. Additional Services fees of 7.5 percent will be invoiced for the balance of constructions costs above $13,014,144. Progress payments for each phase shall be based on the following percentages: PRASE PERCENT AMOUNT Schematic Design 20% $169,184 Design Development 20% $169,184 Construction Documents 40% $338,367 Administration of the Construction Contract 20% $169,184 TOTAL BASIC SERv7CES FEE 100% $845,919 We propose to provide the identified Special Consultants, in addition to our Basic Services Fee, for the following fee schedule: SPECIAL CONSULTANTS AMOUNT Renderings & Model $6,500 Cost Consulting (SD -DD phases) $28,000 Environmental Graphics Design $40,000 FF&E Selection $30,500 AN, Communication & Security $29,500 Water Intrusion Consultant $46,200 Acoustical $5,000 TOTAL SPECIAL CONSULTANTS $185,700 Note: Special Consultant fees will be billed monthly on a percent complete basis. COMPREHENSIVE FEE SCHEDULE AMOUNT Basic Services Fee $845,919 Special Consultants $185,700 Reimbursable Expenses (estimated) $40,000 TOTAL FEES & REmURSABLE ExPENsEs $1,071,619 PROPOSAL FOR ARcWTECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROJECT No. 20160228 REV[sED APRIL 26,2018 PAGE 6 OF 10 ADDITIONAL SERVICES Services provided by COOPER CARRY beyond those proposed herein are Additional Services and will be provided on an hourly basis in accordance with the rate schedule attached as Attachment "A." Additional Services shall include, but are not limited to, Services necessitated by a change in the initial Project information, previous instructions or approvals given by the Client, or a material change in the Project, including size, quality, complexity, the Client's schedule or budget, or procurement method. If requested, we will provide estimates for these Services for your authorization prior to proceeding with the Additional Service work effort. 2. Additional Services provided by any consultants will be billed to you at a multiple of 1.10 times consultant's invoice. Additional Services will be billed monthly based on Services rendered. RE[MBtrRSABLE EXPENSES Reimbursable expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by COOPER CARRY or our consultants in the interest of the Project. Reimbursable expenses include such items as transportation and authorized out-of-town travel and subsistence (including mileage at the current IRS allowable rate); long distance services, dedicated data and communication services, teleconferences, project websites and extranets; fees paid for securing government approvals; printing, reproductions, plots, standard form documents; postage, handling and delivery; costs associated with overtime work including overtime HVAC and meals; renderings, models, mock-ups, professional photography, and presentation materials; preparing digital data for transmission; and any other similar Project -related expenses. Reimbursable expenses will be invoiced at a multiple of 1.00 times actual cost. SC HED ULE It is Vur understanding that design for this Project will commence within Sixty (60) days, and the Services contemplated by this Proposal will be completed no later than Twenty (20) months from the actual start date. This offer is with the understanding that design will continue without major interruption or delay of more than sixty (60) days between Design Phases. It is assumed the Construction and closeout will take no more than Twelve (12) months, with construction start slated for third-quarter 2018. Time beyond this anticipated Construction Phase and/or Project Duration(s) will be billed hourly as an Additional Service. If design does not proceed within sixty (60) days from the date of this proposal, COOPERCARRY may request an adjustment in fees to cover any increases in our costs. PROPOSAL FORARCHrrECTURAL SERVICES FOR: CITY OF MILTON POLICEICOURT AND FIRE FACII,ITY PROJECT No. 20160228 REVISED APRIL 26,2018 QUALIFICATIONS AND CLARIFICATIONS OF SCOPE AND BASIC SERVICES PAGE 7 OF 10 1. We will coordinate our services with those services provided by you and your consultants and shall be entitled to rely on the accuracy and completeness of services and information you and your consultants furnished to us. 2. This proposal for Architectural Services excludes any work performed under separate agreement. 3. We understand that you have not made any provision to employ fast track or other special construction sequencing techniques. However, the City intends to prepare and release the design of the Civil Engineering & Foundations as an early release package. 4. Cost estimating services for the Project will be provided solely by a Cost Consultant (ADE) through the Design Development phase of the project. The consultant will participate in a transitional meeting with the Construction Manager as they develop the Project's Schedule of Values. COOPER CARRY is entitled to rely upon the accuracy and completeness of the cost estimating services, the budget and estimates in the performance of our services. It is further understood and agreed that COOPER CARRY does not have control over the cost of labor, materials or equipment, over the Construction Manager's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, we cannot and do not warrant or represent that bids or negotiated prices will not vary from the Owner's GMP Cost Limitation or from any estimate of the Cost of the Work prepared by the Cost Consultant or Construction Manager. 5. We will assist you in the formulation of any special inspection and testing requirements applicable to the Project and shall reasonably coordinate with any Special Inspectors you have retained and the Building Officials or Authorities; however, any extensive coordination will be performed as an Additional Service. 6. We will provide a massing model and one professional rendering of each building. Additional renderings or models, if requested, will be submitted as an Additional Service. 7. We will provide an Additional Services proposal for any surveys or off-site easement preparation for off-site work. 8. Water Intrusion Consultant fees are based on Williamson & Associates proposal dated January 11, 2018 and include Document Review and Construction Phase Services exclusive of any in-place water testing. 9. Cooper Carry will prepare a FF&E schedule for all Equipment scheduled to be included in the Contractor's scope of Work. Modifications to the schedule beyond Design Development phase will be billed as an Additional Service. VALUE ANALYS IS We will provide Value Analysis Services as part of our Basic Services through the completion of the Design Development Phase. Any such Services provided after the Design Development Phase will be performed as an Additional Service and we shall be compensated in accordance with the Additional Services provision of this Proposal. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF MELTON POLICFICOURT AND FIRE FAciLITY PROJECT No. 2 016022 8 REVISED APRIL26, 2018 PAGE 8 OF 10 LEED® Services in connection with LEED® Green Building Rating System certification or other similar environmental certifications ("Green Certification") are not included in our Basic Services or fee. These Services can be provided as an Additional Service upon your request. Should you elect to pursue a Green Certified project, we suggest a meeting with all proposed team members, including you and the Contractor, if selected, to start the process towards determining the level of certification and specific items that will be pursued. ZONING It is our understanding the subject property for the project is zoned for its intended use. However, if any zoning studies are requested, we will provide a proposal for additional services. GENERAL TERMS AND CONDITIONS STANDARD OF CARE: COOPER CARRY shall perform Services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. COOPER CARRY makes no warranties, express or implied, under this Proposal or otherwise, in connection with our Services. PAYMENT: A dispute over any portion of COOPER CARRY'S invoice shall not relieve the Client's responsibility to pay the undisputed portion of the invoice in accordance with the terms of this Proposal. Further, the Client shall not withhold amounts from COOPERCARRY's compensation to impose a penalty or liquidated damages on COOPER CARRY, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless COOPER CARRY agrees or has been found liable for the amounts in a binding dispute resolution proceeding. If the Client fails to make payments due to COOPER CARRY for Services and Reimbursable Expenses within thirty (30) days of the presentation of invoices, or by such other time period as mutually agreed upon by COOPER CARRY and the Client prior to commencement of Services, upon seven (7) days prior written notice to the Client, COOPER CARRY will be entitled to suspend performance of our Services and retain any Instruments of Service for which payment is outstanding. Unless payment in full is received by COOPER CARRY within seven (7) days from the date of the notice, the suspension and/or retention of said documents shall take effect without further notice. COOPER CARRY shall have no liability to the Client for delay or damages caused the Client because of such suspension or retention of said documents and the Client waives any claims against COOPERCARRY for injury or loss stemming from COOPERCARRY's cessation of Services or retention of said documents. DIGITAL DATA: COOPER CARRY does not convey any right in the information, communications, drawings or design created or stored for the Project in digital form ("Digital Data") or in the software or databases used to generate the data. Upon request by the Client, COOPER CARRY shall provide a copy of the Digital Data pertaining to this Project to the Client or the Client's Contractor or consultants, in a PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF MELTON POLICEICOURT AND FIRE Fmum, PROJECT No. 20160228 REVISED APRIL26, 2018 PAGE 9 OF 10 format and version as determined by COOPER CARRY, provided the use of such data is specifically limited to the Project. Digital Data furnished by COOPER CARRY is for the convenience of the Client and for informational purposes only. The Digital Data is being transferred "AS -IS" and maybe subject to undetectable alteration due to, among other causes, transmission, conversion, media degradation, software error or human error. Any use of the Digital Data will be at the sole risk of the user and without liability, risk, or legal exposure to COOPER CARRY or our consultants. GREEN CERTIFICATION: In the event the Client decides to pursue LEEDS Green Building Rating System certification, or other similar environmental certifications (collectively "Green Certifications"), the Client acknowledges that Green Certifications utilize certain design and usability recommendations on a project in order to promote an environmentally friendly and energy efficient facility. In addressing these guidelines, COOPER CARRY shall perform our Services with that degree of skill and care ordinarily exercised by similarly situated members within our profession, involved in the design of similar projects in the same locale as the Project. The Client acknowledges and understands, however, that Green Certifications are subject to various and possibly contradictory interpretations. Furthermore, compliance may involve factors beyond the control of COOPER CARRY, including but not limited to the Client's use and operation of the completed Project. COOPER CARRY will use reasonable care consistent with the foregoing standard in interpreting and designing in accordance with desired, specific Green Certification but does not warrantor represent that the Project will actually achieve such certification. COOPER CARRY shall not be responsible for the Contractor's failure to adhere to the Contract Documents and any applicable laws, codes, and regulations incorporated therein, nor for any changes to the design made by the Client without the direct participation and written approval of COOPER CARRY. Likewise, COOPER CARRY shall not be responsible for any environmental or energy issues arising out of the Client's use and operation of the completed Project. The Client acknowledges that if it chooses to pursue Green Certification, the Project may include new or innovative products, technologies or applications in order to accomplish this objective, which may lack a proven long-term history of successful application and, that due to their innovative nature, it is therefore possible that they may not realize their intended objectives, or carry with them collateral consequences. WAIVER: Waiver by either party of a breach of any provisions of this Proposal shall not operate as or be construed as a waiver of any subsequent breach thereof. CLOSING Please do not hesitate to call if we may answer any additional questions or clarify any issues you wish to discuss further. To confirm your acceptance of this Proposal, please execute in the space provided below and return one original fully executed Proposal to our office. Our entire Design Team enthusiastically looks forward to the possibility of our association on this Project and welcomes an opportunity to discuss any additional concepts or thoughts you may have. PROPOSAL FOR ARCtUTECTURAL SERVICES FOR: CITY OF MELTON POLICE/COURT AND FIRE FACII ITY PROJECT No. 20160228 REVISED APRtL26,2018 PAGE 10 OF 10 OFFERED BY: COOPER CARRY 191 Peachtree Street Suite 2400 Atlanta, Georgia. 30303 M. Sean McLendon, AIA Principal ACCEPTED BY: City of Milton 2006 Heritage Walk Milton, GA 30004 April 26, 2018 Name: Date: Title: Attachments: Attachment A: COOPER CARRY 2018 Hourly Rate Schedule Attachment B: AIA B 103, 2007 Edition, as modified Copies: File #20160228 /A.I Vice President of Finance Corporate Counsel Marketing Team M:\2016\20160228\a-Ifeeproposals\a-1-1 owner-arch\2018_0426 20160228_prop_ Wl_R4.doc ATTACHMENT "A" COOPER CARRY'S HOURLY RATE SCHEDULE ARCHITECTURE RATE Principal 295.00 Project Director 174.00 - 275.00 (Range) Project Manager 174.00 - 275.00 (Range) Design Architect 198.00 - 225.00 (Range) Project Architect 117.00 - 252.00 (Range) Staff Architect 99.00 -156.00 (Range) Architectural Staff I -III 102.00 -153.00 (Range) *Intern Architect 66.00 - 114.00 (Range) INTERIOR DESIGN RATE Principal/Director of Interior Design 295.00 Project Manager 210.00 - 246.00 (Range) Project Interior Designer 126.00 -186.00 (Range) Sr. Interior Designer 126.00 -186.00 (Range) Staff Interior Designer 126.00 - 186.00 (Range) Interior Designer II-III 96.00 -144.00 (Range) *Interior Designer I 81.00 - 102.00 (Range) *Interior Design Student 75.00 -105.00 (Range) LANDSCAPE ARCHITECTURE & PLANNING RATE Principal 295.00 Director of Landscape Architecture/Planning 275.00 Project Manager 147.00 - 156.00 (Range) Certified Planner 144.00 -153.00 (Range) Project Landscape Architect 126.00 -147.00 (Range) Staff Landscape Architect/Planning Staff 126.00 - 147.00 (Range) Landscape Designer I-II 126.00 -147.00 (Range) *Intern Planner 75.00 - 105.00 (Range) *Intern Landscape Designer 75.00 -105.00 (Range) GRAPHIC DESIGN RATE Principal 295.00 Sr. Graphic Designer 141.00 - 165.00 (Range) Graphic Designer I -III 105.00 - 141.00 (Range) Graphic Illustrator 150.00 *Intern Graphic Designer 75.00 -105.00 (Range) TECHNICAL SERVICES RATE Technical Services Manager 210.00 Specifications Coordinator 153.00 *Specifications Administrator 66.00 COOPER CARRY reserves the right to modify the hourly rates above for any compensation adjustments made while this Agreement is in effect, but no more than once per calendar year. * Denotes levels which receive overtime pay. Any hourly billing for work performed by these levels on an overtime basis will be invoiced at 1.5 times the applicable billing rate listed above. PROPOSAL FOR ARCHITECTURAL SERVICES FOR: CITY OF MILTON POLICE/COURT AND FIRE FACILITY PROJECT No. 20160228 REVISED APRIL 3, 2018 PAGE 11 OF 11 Attachments: Attachment A: COOPER CARRY 2018 Hourly Rate Schedule Attachment B: AIA B 103, 2007 Edition, as modified Copies: File #20160228 /A.1 Vice President of Finance Corporate Counsel Marketing Team M:\2016\20160228\a-1 fee pmposals\a-1-1 owner-arch\2018_0403 20160228_prop_full_R3.doc ATTACHMENT "A" COOPER CARRY'S HOURLY RATE SCHEDULE ARCHITECTURE RATE Principal 295.00 Project Director 174.00 - 275.00 (Range) Project Manager 174.00 - 275.00 (Range) Design Architect 198.00 - 225.00 (Range) Project Architect 117.00 - 252.00 (Range) Staff Architect 99.00 -156.00 (Range) Architectural Staff 1-111 102.00 -153.00 (Range) *Intern Architect 66.00 -114.00 (Range) INTERIOR DESIGN RATE Principal/Director of Interior Design 295.00 Project Manager 210.00 - 246.00 (Range) Project Interior Designer 126.00 - 186.00 (Range) Sr. Interior Designer 126.00 - 186.00 (Range) Staff Interior Designer 126.00 -186.00 (Range) Interior Designer II-III 96.00 -144.00 (Range) *Interior Designer I 81.00 - 102.00 (Range) *Interior Design Student 75.00 -105.00 (Range) LANDSCAPE ARCHITECTURE &PLANNING RATE Principal 295.00 Director of Landscape Architecture/Planning 275.00 Project Manager 147.00 - 156.00 (Range) Certified Planner 144.00 -153.00 (Range) Project Landscape Architect 126.00 -147.00 (Range) Staff Landscape Architect/Planning Staff 126.00 - 147.00 (Range) Landscape Designer I-II 126.00 - 147.00 (Range) *Intern Planner 75.00 -105.00 (Range) *Intern Landscape Designer 75.00 -105.00 (Range) GRAPHIC DESIGN RATE Principal 295.00 Sr. Graphic Designer 141.00 - 165.00 (Range) Graphic Designer I -III 105.00 - 141.00 (Range) Graphic Illustrator 150.00 *Intern Graphic Designer 75.00 - 105.00 (Range) TECFINICAL SERVICES RATE Technical Services Manager 210.00 Specifications Coordinator 153.00 *Specifications Administrator 66.00 COOPER CARRY reserves the right to mods the hourly rates above for any compensation adjustments made while this Agreement is in effect, but no more than once per calendar year. " Denotes levels which receive overtime pay. Any hourly billing for work performed by these levels on an overtime basis will be invoiced at 1.5 times the applicable billing rate listed above. EXHIBIT "C" Insurance. (1) Requirements: Architect 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 this Agreement by Architect, 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: Architect 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 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (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) Valuable Papers and Records Coverage of at least $500;000 (Five Hundred Thousand Dollars). (d) Professional Liability of at least $2,000,000 (two million dollars) limit for claims arising out of professional services and caused by Architect's errors, omissions, or negligent acts. (e) 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 Architect is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Architect 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, Architect shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (f) Commercial Umbrella Liability Coverage in the amount of $5,000,000 (five million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, and Employers' Liability. (g) If higher limits are maintained by Architect than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Architect. (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 Architect; 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 Architect; products and completed operations of Architect; premises owned, leased, or used by Architect; automobiles owned, leased, hired, or borrowed by Architect. 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 Architect to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Architect'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 Architect'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 Architect's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Architect for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Architect under the terms of this Agreement. (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 Architect for City. (c) All Coverages. (i) Insurer Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be reduced, 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) If higher limits are maintained by Architect than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Architect. (5) Acceptability of Insurers: The insurance to be maintained by Architect 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 Architect 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: Architect 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, Architect 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 Architect'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. Architect shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Architect's Duty to Provide Notice: Architect shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Architect shall require the same notice to the City in all subcontractor contracts, as applicable. (8) Subcontractors: Architect 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; provided, however, the limits of the Professional Liability insurance may be adjusted in accordance with the nature of each Consultant's services, as long as a commercially -reasonable amount of insurance protection is provided. (9) Claims -Made Policies: Architect 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. (10) 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. (11) Progress Payments: The making of progress payments to Architect shall not be construed as relieving Architect or its subcontractors or insurance carriers from providing the coverage required in this Agreement. EXHIBIT "D" STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with .the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 122329 Federal Work Authorization User Identification Number June 2008 Date of Authorization Cooper Carry, Inc. Name of Contractor Milton Court/Police and Fire Facilities Name of Project Citv of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on fdIL —$2019 -in At•1Qr-�C_ /_ A-Utatel. L-. Signature of Authorized Offteer-dr Agent Printed Name and Title of i uthorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF /71 A -y 201 . J� I �F � NOTARY PUBJ`, C .•'Mtssi • C''r �•� [NOZA13' S�AOE]AR o• _ .o •� a. I/aL I C gym• My Commissio'n�?n�`�� EXHIBIT "E" STATE OF GEORGIA CITY OF MILTON 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 Cooper Carry, Inc. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub - subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Milton Court/Police and Fire Facilities Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: Exhibit D Monthly Report FormatB DB-1 Exhibit DB EXHIBIT B [INTENTIONALLY OMITTED] EXHIBIT E CM/GC Fee Proposal FormExhibit C Budget Format C-1 Exhibit E CM/GC Fee Proposal E-C EXHIBIT C BUDGET FORMAT The purpose of providing the CM/GC a format for the Project budget is to allow easy comparison from one phase of design and construction to the next as well as easy comparison of estimates from others. The budget format shall conform to the CSI format and shall have as much detail as the information and time allows. GMP Division Name Units Unit Cost Cost 01 General Requirements 02 Site Work 03 Concrete 04 Masonry 05 Metals 06 Woods & Plastics 07 Thermal / Moisture Prot. 08 Doors & Windows 09 Finishes 10 Specialties 11 Equipment 12 Furnishings 13 Special Construction 14 Conveying System 15 Mechanical 16 Electrical 17 Security Electronics & Communications CM/GC’s Overhead Costs and Expenses CM/GC’s Construction Contingency CM/GC’s Fee Owner’s Contingency Total Construction Owner’s Disbursements Subtotal Total Project Exhibit FD ScheduleMonthly Report Format FD-1 Exhibit FD EXHIBIT D MONTHLY REPORT FORMAT The monthly report shall consist of the following items: 1. Executive Summary 2. Monthly and Year to Date Budget Report 3. Contract Awards a. Contract Awards to Date b. Award recommendations made c. Contracts closed out d. Buyout Status 4. Critical Information and Approvals Required 5. Logs a. Request for Information b. Submittal Log c. Subcontractor Insurance Log d. Approval Letter Log e. Non-conformance Log 6. Safety Report 7. Schedule Status 8. Permits and Inspections 9. Job Photographs 10. Quality Report Exhibit G Component Change OrderEXHIBIT E CM/GC Fee Proposal Form G-Exhibit GE CM/GC Fee Proposal E-2 CM/GC FEE PROPOSAL (Submit in a Sealed Envelope with Project Cost Matrix) INTENTIONALLY OMITTED Exhibit F Schedule F-1 Exhibit F EXHIBIT F SCHEDULE [Attach Design Professional’s Preliminary Design and Construction Schedule] ID Task NameDuration Start Finish1MILTON CITY HALL POLICE & FIRE383 daysTue 2/5/19Fri 8/7/202MILESTONES383 daysTue 2/5/19Fri 8/7/203Schedule Start0 daysTue 2/5/19Tue 2/5/194GMP Executed0 daysMon 7/8/19Mon 7/8/195Construction Start0 daysWed 8/7/19Wed 8/7/196Courthouse & Police Pad Ready0 daysFri 9/20/19Fri 9/20/197Fire Station Pad Ready0 daysFri 9/27/19Fri 9/27/198Material Completion0 daysThu 7/9/20Thu 7/9/209Fire Station #44 & Admin Building Acceptance0 daysFri 7/3/20Fri 7/3/2010Police Station & Municipal Court Building Acceptance0 daysThu 7/16/20Thu 7/16/2011Final Completion / Owner Move-in0 daysFri 8/7/20Fri 8/7/2012SCHOOL HOLIDAYS284 daysMon 8/12/19Fri 5/22/2013School Start 08/12/190 daysMon 8/12/19Mon 8/12/1914Labor Day 09/02/190 daysMon 9/2/19Mon 9/2/1915Teacher Work Day Friday 10/11/190 daysFri 10/11/19Fri 10/11/1916Columbus Day 10/14/190 daysMon 10/14/19Mon 10/14/1917Thanksgiving 11/25/19 - 11/29/195 daysMon 11/25/19Fri 11/29/1918Last Day of 1st Semester 12/20/190 daysFri 12/20/19Fri 12/20/19191st Day of 2nd Semester 01/06/200 daysMon 1/6/20Mon 1/6/2020Martin Luther King Day 01/20/200 daysMon 1/20/20Mon 1/20/2021President's Day 02/17/200 daysMon 2/17/20Mon 2/17/2022Teacher Work Day 03/13/200 daysFri 3/13/20Fri 3/13/2023Spring Break 04/06/20 - 04/10/205 daysMon 4/6/20Fri 4/10/2024Last Day of School 05/22/200 daysFri 5/22/20Fri 5/22/2025PRECONSTRUCTION & DESIGN313 daysTue 2/5/19Fri 5/1/2026Site Package85 daysTue 2/5/19Wed 6/5/1927100% Civil/Site Package Issued for Building Permit20 daysTue 2/5/19Mon 3/4/1928Pricing15 daysTue 3/5/19Mon 3/25/1929Approval & Release 36 daysMon 4/15/19Wed 6/5/1930CD GMP Development83 daysFri 3/8/19Mon 7/8/1931GMP Drawings Issued0 daysFri 3/8/19Fri 3/8/1932Bid Solicitation & GMP25 daysMon 3/11/19Fri 4/12/1933Internal GMP Review6 daysMon 4/15/19Mon 4/22/1934Budget Reconciliation VE Opportunity25 daysTue 4/23/19Wed 5/29/1935Owner/Architect VE Review12 daysThu 5/30/19Fri 6/14/1936GMP Pricing - Owner Approval(LOI)0 daysMon 7/1/19Mon 7/1/1937GMP Executed0 daysMon 7/8/19Mon 7/8/1938PERMITTING45 daysTue 3/5/19Mon 5/6/1939LDP Permit45 daysTue 3/5/19Mon 5/6/1940City Review & Approval42 daysSat 3/9/19Fri 4/19/1941PROJECT BUYOUT30 daysTue 7/9/19Mon 8/19/1942INITIAL CONTRACTS30 daysTue 7/9/19Mon 8/19/1943Sitework, Concrete, Steel, Masonry10 daysTue 7/9/19Mon 7/22/1944Mechanical, Electrical, Plumbing10 daysTue 7/23/19Mon 8/5/1945Millwork, Elevators, Doors, Glass & Glazing, Roofing10 daysTue 8/6/19Mon 8/19/1946PROCUREMENT206 daysTue 7/9/19Fri 5/1/2047SITEWORK22 daysTue 7/9/19Wed 8/7/1948Submittals & Shop Drawings - Sitework6 daysTue 7/9/19Tue 7/16/1949Submittal Review & Approval - Sitework12 daysWed 7/17/19Thu 8/1/1950Mobilization & Site Procurement - Sitework4 daysFri 8/2/19Wed 8/7/1951CONCRETE50 daysThu 7/18/19Mon 9/30/1952Submittals & Shop Drawings - Concrete20 daysThu 7/18/19Wed 8/14/1953Submittal Review & Approval - Concrete10 daysThu 8/15/19Wed 8/28/1954Fab & Deliver - Concrete20 daysThu 8/29/19Mon 9/30/1955MASONRY60 daysFri 7/19/19Tue 10/15/1956Submittals & Shop Drawings - Masonry20 daysFri 7/19/19Thu 8/15/1957Submittal Review & Approval - Masonry10 daysFri 8/16/19Thu 8/29/1958Fab & Deliver - Masonry30 daysFri 8/30/19Tue 10/15/1959STEEL70 daysFri 7/19/19Tue 10/29/1960Courthouse & Police Station: Submittals & Shop Drawings - Steel(Includes Stair)30 daysFri 7/19/19Thu 8/29/1961Courthouse & Police Station: Submittal Review & Approval - Steel10 daysFri 8/30/19Tue 9/17/1962Courthouse & Police Station: Fab & Deliver - Steel25 daysWed 9/18/19Tue 10/22/1963Fire Station: Submittals & Shop Drawings - Steel30 daysFri 7/26/19Tue 9/10/1964Fire Station: Submittal Review & Approval - Steel10 daysWed 9/11/19Tue 9/24/1965Fire Station: Fab & Deliver - Steel25 daysWed 9/25/19Tue 10/29/19MILTON CITY HALL POLICE & FIREMILESTONESSchedule StartGMP ExecutedConstruction StartCourthouse & Police Pad ReadyFire Station Pad ReadyMaterial CompletionFire Station #44 & Admin Building AcceptancePolice Station & Municipal Court Building AcceptanceFinal Completion / Owner Move-inSCHOOL HOLIDAYSSchool Start 08/12/19Labor Day 09/02/19Teacher Work Day Friday 10/11/19Columbus Day 10/14/19Thanksgiving 11/25/19 - 11/29/19Last Day of 1st Semester 12/20/191st Day of 2nd Semester 01/06/20Martin Luther King Day 01/20/20President's Day 02/17/20Teacher Work Day 03/13/20Spring Break 04/06/20 - 04/10/20Last Day of School 05/22/20PRECONSTRUCTION & DESIGNSite Package100% Civil/Site Package Issued for Building PermitPricingApproval & Release CD GMP DevelopmentGMP Drawings IssuedBid Solicitation & GMPInternal GMP ReviewBudget Reconciliation VE OpportunityOwner/Architect VE ReviewGMP Pricing - Owner Approval(LOI)GMP ExecutedPERMITTINGLDP PermitCity Review & ApprovalPROJECT BUYOUTINITIAL CONTRACTSSitework, Concrete, Steel, MasonryMechanical, Electrical, PlumbingMillwork, Elevators, Doors, Glass & Glazing, RoofingPROCUREMENTSITEWORKSubmittals & Shop Drawings - SiteworkSubmittal Review & Approval - SiteworkMobilization & Site Procurement - SiteworkCONCRETESubmittals & Shop Drawings - ConcreteSubmittal Review & Approval - ConcreteFab & Deliver - ConcreteMASONRYSubmittals & Shop Drawings - MasonrySubmittal Review & Approval - MasonryFab & Deliver - MasonrySTEELCourthouse & Police Station: Submittals & Shop Drawings - Steel (Includes Stair)Courthouse & Police Station: Submittal Review & Approval - SteelCourthouse & Police Station: Fab & Deliver - SteelFire Station: Submittals & Shop Drawings - SteelFire Station: Submittal Review & Approval - SteelFire Station: Fab & Deliver - SteelJFMAMJJASONDJFMAMJJASONDHalf 1, 2019Half 2, 2019Half 1, 2020Half 2, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC GMP Schedule Date: Fri 6/21/19Page 1EXHIBIT F ID Task NameDuration Start Finish66MILLWORK120 daysMon 9/30/19Fri 3/20/2067Executed Subcontract - Millwork0 daysMon 9/30/19Mon 9/30/1968Courthouse & Police Station: Submittals & Shop Drawings - Millwork50 daysMon 9/30/19Tue 12/10/1969Courthouse & Police Station: Submittal Review & Approval - Millwork10 daysWed 12/11/19Thu 12/26/1970Courthouse & Police Station: Fab & Deliver - Millwork60 daysFri 12/27/19Fri 3/20/2071Fire Station: Submittals & Shop Drawings - Millwork50 daysMon 9/30/19Tue 12/10/1972Fire Station: Submittal Review & Approval - Millwork10 daysWed 12/11/19Thu 12/26/1973Fire Station: Fab & Deliver - Millwork40 daysFri 12/27/19Fri 2/21/2074ROOFING60 daysMon 9/30/19Thu 12/26/1975Executed Subcontract - Roofing0 daysMon 9/30/19Mon 9/30/1976Submittals & Shop Drawings - Roofing20 daysMon 9/30/19Fri 10/25/1977Submittal Review & Approval - Roofing10 daysMon 10/28/19Fri 11/8/1978Fab & Deliver - Roofing30 daysMon 11/11/19Thu 12/26/1979DOORS & HARDWARE70 daysMon 9/30/19Fri 1/10/2080Executed Subcontract - Doors & Hardware0 daysMon 9/30/19Mon 9/30/1981Submittals & Shop Drawings - Doors & Hardware30 daysMon 9/30/19Fri 11/8/1982Submittal Review & Approval - Doors & Hardware10 daysMon 11/11/19Tue 11/26/1983Fab & Deliver - Doors & Hardware30 daysWed 11/27/19Fri 1/10/2084GLASS & GLAZING115 daysMon 9/30/19Fri 3/13/2085Executed Subcontract - Glass & Glazing0 daysMon 9/30/19Mon 9/30/1986Submittals & Shop Drawings - Glass & Glazing30 daysMon 9/30/19Fri 11/8/1987Submittal Review & Approval - Glass & Glazing15 daysMon 11/11/19Tue 12/3/1988Fab & Deliver - Glass & Glazing70 daysWed 12/4/19Fri 3/13/2089ELEVATORS84 daysWed 10/30/19Mon 3/2/2090Executed Subcontract - Elevators0 daysWed 10/30/19Wed 10/30/1991Submittals & Shop Drawings - Elevators20 daysWed 10/30/19Thu 11/28/1992Submittal Review & Approval - Elevators14 daysFri 11/29/19Wed 12/18/1993Fab & Deliver - Elevators50 daysThu 12/19/19Mon 3/2/2094PLUMBING45 daysMon 8/5/19Thu 10/10/1995Executed Subcontract - PLBG0 daysMon 8/5/19Mon 8/5/1996Submittals & Shop Drawings - PLBG20 daysTue 8/6/19Thu 9/5/1997Submittal Review & Approval - PLBG10 daysFri 9/6/19Thu 9/19/1998Fab & Deliver - PLBG15 daysFri 9/20/19Thu 10/10/1999HVAC100 daysMon 9/30/19Fri 2/21/20100Executed Subcontract - HVAC0 daysMon 9/30/19Mon 9/30/19101Courthouse & Police Station: Submittals & Shop Drawings - HVAC30 daysMon 9/30/19Fri 11/8/19102Courthouse & Police Station: Submittal Review & Approval - HVAC10 daysMon 11/11/19Tue 11/26/19103Courthouse & Police Station: Fab & Deliver - HVAC30 daysWed 11/27/19Fri 1/10/20104Fire Station: Submittals & Shop Drawings - HVAC30 daysMon 11/11/19Thu 12/26/19105Fire Station: Submittal Review & Approval - HVAC10 daysFri 12/27/19Fri 1/10/20106Fire Station: Fab & Deliver - HVAC30 daysMon 1/13/20Fri 2/21/20107ELECTRICAL150 daysMon 9/30/19Fri 5/1/20108Executed Subcontract - Electrical0 daysMon 9/30/19Mon 9/30/19109Submittals & Shop Drawings - Electrical Panels & Transformers20 daysMon 9/30/19Fri 10/25/19110Submittal Review & Approval - Electrical Panels & Transformers10 daysMon 10/28/19Fri 11/8/19111Fab & Deliver - Electrical Panels & Transformers90 daysMon 11/11/19Fri 3/20/20112Submittals & Shop Drawings - Electrical Emergency Generators20 daysMon 9/30/19Fri 10/25/19113Submittal Review & Approval - Electrical Emergency Generators10 daysMon 10/28/19Fri 11/8/19114Fab & Deliver - Electrical Emergency Generators75 daysMon 11/11/19Fri 2/28/20115Submittals & Shop Drawings - Electrical20 daysMon 9/30/19Fri 10/25/19116Submittal Review & Approval - Electrical10 daysMon 10/28/19Fri 11/8/19117Fab & Deliver - Electrical30 daysMon 11/11/19Thu 12/26/19118LIGHTING150 daysMon 9/30/19Fri 5/1/20119Courthouse & Police Station: Submittals & Shop Drawings - Lighting30 daysMon 9/30/19Fri 11/8/19120Courthouse & Police Station: Submittal Review & Approval - Lighting10 daysMon 11/11/19Tue 11/26/19121Courthouse & Police Station: Fab & Deliver - Lighting90 daysWed 11/27/19Fri 4/3/20122Fire Station: Submittals & Shop Drawings - Lighting 30 daysMon 11/11/19Thu 12/26/19123Fire Station: Submittal Review & Approval - Lighting10 daysFri 12/27/19Fri 1/10/20124Fire Station: Fab & Deliver - Lighting80 daysMon 1/13/20Fri 5/1/20125CONSTRUCTION252 daysWed 7/10/19Tue 7/7/20126SITEWORK221 daysWed 7/10/19Mon 5/25/20127Mobilization & Site Procurement21 daysWed 7/10/19Wed 8/7/19128Selective Tree Demolition5 daysMon 8/12/19Fri 8/16/19129Erosion Control & Detention Ponds38 daysWed 8/7/19Wed 10/2/19130Initial Plan5 daysWed 8/7/19Tue 8/13/19131Intermediate A3 daysWed 8/14/19Fri 8/16/19MILLWORKExecuted Subcontract - MillworkCourthouse & Police Station: Submittals & Shop Drawings - MillworkCourthouse & Police Station: Submittal Review & Approval - MillworkCourthouse & Police Station: Fab & Deliver - MillworkFire Station: Submittals & Shop Drawings - MillworkFire Station: Submittal Review & Approval - MillworkFire Station: Fab & Deliver - MillworkROOFINGExecuted Subcontract - RoofingSubmittals & Shop Drawings - RoofingSubmittal Review & Approval - RoofingFab & Deliver - RoofingDOORS & HARDWAREExecuted Subcontract - Doors & HardwareSubmittals & Shop Drawings - Doors & HardwareSubmittal Review & Approval - Doors & HardwareFab & Deliver - Doors & HardwareGLASS & GLAZINGExecuted Subcontract - Glass & GlazingSubmittals & Shop Drawings - Glass & GlazingSubmittal Review & Approval - Glass & GlazingFab & Deliver - Glass & GlazingELEVATORSExecuted Subcontract - ElevatorsSubmittals & Shop Drawings - ElevatorsSubmittal Review & Approval - ElevatorsFab & Deliver - ElevatorsPLUMBINGExecuted Subcontract - PLBGSubmittals & Shop Drawings - PLBGSubmittal Review & Approval - PLBGFab & Deliver - PLBGHVACExecuted Subcontract - HVACCourthouse & Police Station: Submittals & Shop Drawings - HVACCourthouse & Police Station: Submittal Review & Approval - HVACCourthouse & Police Station: Fab & Deliver - HVACFire Station: Submittals & Shop Drawings - HVACFire Station: Submittal Review & Approval - HVACFire Station: Fab & Deliver - HVACELECTRICALExecuted Subcontract - ElectricalSubmittals & Shop Drawings - Electrical Panels & TransformersSubmittal Review & Approval - Electrical Panels & TransformersFab & Deliver - Electrical Panels & TransformersSubmittals & Shop Drawings - Electrical Emergency GeneratorsSubmittal Review & Approval - Electrical Emergency GeneratorsFab & Deliver - Electrical Emergency GeneratorsSubmittals & Shop Drawings - ElectricalSubmittal Review & Approval - ElectricalFab & Deliver - ElectricalLIGHTINGCourthouse & Police Station: Submittals & Shop Drawings - Lighting Courthouse & Police Station: Submittal Review & Approval - LightingCourthouse & Police Station: Fab & Deliver - LightingFire Station: Submittals & Shop Drawings - Lighting Fire Station: Submittal Review & Approval - LightingFire Station: Fab & Deliver - LightingCONSTRUCTIONSITEWORKMobilization & Site ProcurementSelective Tree DemolitionErosion Control & Detention PondsInitial PlanIntermediate AJFMAMJJASONDJFMAMJJASONDHalf 1, 2019Half 2, 2019Half 1, 2020Half 2, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC GMP ScheduleDate: Fri 6/21/19Page 2 ID Task NameDuration Start Finish132Intermediate B2 daysMon 8/19/19Tue 8/20/19133Final Plan3 daysMon 9/30/19Wed 10/2/19134Grading25 daysWed 8/21/19Fri 9/27/19135Underground Storm & Detention Vault20 daysWed 8/28/19Fri 9/27/19136Excavation of Basement10 daysMon 9/9/19Fri 9/20/19137Utilities166 daysMon 9/30/19Mon 5/25/20138Storm Water System10 daysMon 9/30/19Fri 10/11/19139Sanitary Sewer10 daysMon 10/7/19Fri 10/18/19140Domestic Water10 daysMon 10/21/19Fri 11/1/19141Domestic Water - Courthouse & Police Station5 daysMon 10/21/19Fri 10/25/19142Domestic Water - Fire Station5 daysMon 10/28/19Fri 11/1/19143Fire Water Distribution10 daysMon 11/4/19Fri 11/15/19144Remaining Underground Storm10 daysMon 11/18/19Tue 12/3/19145Water Vault5 daysWed 11/27/19Tue 12/3/19146Flush, Pressure & Chlorination Test10 daysWed 12/4/19Tue 12/17/19147City Water Tap2 daysFri 5/22/20Mon 5/25/20148Curb & Binder - West5 daysMon 9/30/19Fri 10/4/19149COURTHOUSE & POLICE STATION194 daysMon 9/30/19Thu 7/2/20150FOUNDATIONS25 daysMon 9/30/19Fri 11/1/19151Spread & Retaining Wall Footings10 daysMon 9/30/19Fri 10/11/19152Elevator Pit & WP/Backfill (Drain Included)15 daysMon 9/30/19Fri 10/18/19153Retaining Wall G.1 to G.520 daysMon 10/7/19Fri 11/1/19154East & Stair Retaining Walls5 daysMon 10/7/19Fri 10/11/19155South Retaining Walls5 daysMon 10/14/19Fri 10/18/19156West Retaining Walls5 daysMon 10/21/19Fri 10/25/19157North Retaining Walls5 daysMon 10/28/19Fri 11/1/19158LEVEL B SLAB ON GRADE23 daysFri 10/11/19Tue 11/12/19159Underground MEP5 daysFri 10/11/19Thu 10/17/19160Inspect & Backfill2 daysFri 10/18/19Mon 10/21/19161Slab Prep5 daysMon 11/4/19Fri 11/8/19162Inspect & Pour2 daysMon 11/11/19Tue 11/12/19163STRUCTURE111 daysWed 11/13/19Wed 4/22/20164Steel Columns & Beams15 daysWed 11/13/19Thu 12/5/19165Joist & Decking10 daysFri 12/6/19Thu 12/19/19166Install Police Interior Stair5 daysFri 12/20/19Mon 12/30/19167Detailing10 daysFri 12/13/19Mon 12/30/19168Stair Railing with Steel Mesh3 daysMon 4/20/20Wed 4/22/20169SLAB ON DECK7 daysTue 12/31/19Thu 1/9/20170Slab Prep5 daysTue 12/31/19Tue 1/7/20171Inspect & Pour2 daysWed 1/8/20Thu 1/9/20172LEVEL 1 SLAB ON GRADE19 daysFri 12/20/19Mon 1/20/20173 Backfill Retaining Walls5 daysFri 12/20/19Mon 12/30/19174Underground MEP5 daysTue 12/31/19Tue 1/7/20175Inspect & Backfill2 daysWed 1/8/20Thu 1/9/20176Slab Prep5 daysFri 1/10/20Thu 1/16/20177Inspect & Pour2 daysFri 1/17/20Mon 1/20/20178EXTERIOR SKINS92 daysTue 12/31/19Thu 5/7/20179Parapet Framing8 daysTue 12/31/19Fri 1/10/20180Low Roof Parapet Framing5 daysTue 12/31/19Tue 1/7/20181High Roof Parapet Framing3 daysWed 1/8/20Fri 1/10/20182Roof Drains (4)2 daysTue 12/31/19Thu 1/2/20183Roofing10 daysMon 1/13/20Fri 1/24/20184Exterior Framing & Sheathing40 daysFri 1/10/20Thu 3/5/20185Air Barrier15 daysFri 2/21/20Thu 3/12/20186Windows/Doors15 daysMon 3/16/20Fri 4/3/20187Brick30 daysFri 2/28/20Thu 4/9/20188Fiber Cement Panel Cladding20 daysFri 2/28/20Thu 3/26/20189Remaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)20 daysFri 4/10/20Thu 5/7/20190LEVEL B ROUGH INS & FINISHES105 daysTue 1/14/20Mon 6/8/20191Layout Walls & Top Track2 daysTue 1/14/20Wed 1/15/20192Door Frames Onsite0 daysTue 1/14/20Tue 1/14/20193CMU Walls10 daysThu 1/16/20Wed 1/29/20194HVAC Overhead Rough-Ins10 daysTue 1/14/20Mon 1/27/20195Electrical Overhead Rough-Ins10 daysTue 1/21/20Mon 2/3/20196Plumbing Overhead Rough-Ins10 daysTue 1/28/20Mon 2/10/20197Fire Sprinkler Overhead Rough-Ins10 daysTue 2/4/20Mon 2/17/20Intermediate BFinal PlanGradingUnderground Storm & Detention VaultExcavation of BasementUtilitiesStorm Water SystemSanitary SewerDomestic WaterDomestic Water - Courthouse & Police StationDomestic Water - Fire StationFire Water DistributionRemaining Underground StormWater VaultFlush, Pressure & Chlorination TestCity Water TapCurb & Binder - WestCOURTHOUSE & POLICE STATIONFOUNDATIONSSpread & Retaining Wall FootingsElevator Pit & WP/Backfill (Drain Included)Retaining Wall G.1 to G.5East & Stair Retaining WallsSouth Retaining WallsWest Retaining WallsNorth Retaining WallsLEVEL B SLAB ON GRADEUnderground MEPInspect & BackfillSlab PrepInspect & PourSTRUCTURESteel Columns & BeamsJoist & DeckingInstall Police Interior StairDetailingStair Railing with Steel MeshSLAB ON DECKSlab PrepInspect & PourLEVEL 1 SLAB ON GRADE Backfill Retaining WallsUnderground MEPInspect & BackfillSlab PrepInspect & PourEXTERIOR SKINSParapet FramingLow Roof Parapet FramingHigh Roof Parapet FramingRoof Drains (4)RoofingExterior Framing & SheathingAir BarrierWindows/DoorsBrickFiber Cement Panel CladdingRemaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)LEVEL B ROUGH INS & FINISHESLayout Walls & Top TrackDoor Frames OnsiteCMU WallsHVAC Overhead Rough-InsElectrical Overhead Rough-InsPlumbing Overhead Rough-InsFire Sprinkler Overhead Rough-InsJFMAMJJASONDJFMAMJJASONDHalf 1, 2019Half 2, 2019Half 1, 2020Half 2, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC GMP Schedule Date: Fri 6/21/19Page 3 ID Task NameDuration Start Finish198Frame Walls & Ceilings / Blocking / Steel 12 daysTue 2/11/20Wed 2/26/20199In Wall Rough-In 12 daysMon 2/17/20Tue 3/3/20200In Wall Inspections2 daysWed 3/4/20Thu 3/5/20201Wall Insulation5 daysFri 3/6/20Thu 3/12/20202Hang Walls & Ceilings5 daysMon 4/6/20Fri 4/10/20203Install Electrical Panels & Transformers10 daysMon 4/13/20Fri 4/24/20204Tape, & Finish Walls & Ceilings7 daysThu 4/9/20Fri 4/17/20205Prime & 1st Paint Walls & Ceilings3 daysThu 4/23/20Mon 4/27/20206Ceiling Grid5 daysFri 4/24/20Thu 4/30/20207MEP Trims5 daysTue 4/28/20Mon 5/4/20208Offices & Open Areas25 daysTue 5/5/20Mon 6/8/20209Lights On1 dayTue 5/5/20Tue 5/5/20210Touch Up2 daysWed 5/6/20Thu 5/7/20211Millwork5 daysFri 5/8/20Thu 5/14/20212Final Paint5 daysFri 5/15/20Thu 5/21/20213Flooring5 daysFri 5/22/20Thu 5/28/20214Doors 2 daysTue 5/26/20Wed 5/27/20215Paint Doors3 daysWed 5/27/20Fri 5/29/20216Accessories & Shades3 daysThu 5/28/20Mon 6/1/20217Hardware3 daysMon 6/1/20Wed 6/3/20218Final Clean5 daysTue 6/2/20Mon 6/8/20219Restrooms 14 daysTue 4/28/20Fri 5/15/20220Floor & Wall Tile8 daysTue 4/28/20Thu 5/7/20221Vanity Tops2 daysFri 5/8/20Mon 5/11/20222Plumbing Fixtures2 daysTue 5/12/20Wed 5/13/20223Partitions, Screens, & Accessories2 daysThu 5/14/20Fri 5/15/20224LEVEL 1 ROUGH INS & FINISHES114 daysMon 1/27/20Thu 7/2/20225Layout Walls & Top Track2 daysMon 1/27/20Tue 1/28/20226Door Frames Onsite0 daysMon 1/27/20Mon 1/27/20227HVAC Overhead Rough-Ins15 daysMon 1/27/20Fri 2/14/20228Electrical Overhead Rough-Ins15 daysMon 2/3/20Fri 2/21/20229Plumbing Overhead Rough-Ins15 daysMon 2/10/20Fri 2/28/20230Fire Sprinkler Overhead Rough-Ins15 daysMon 2/17/20Fri 3/6/20231Frame Walls & Soffits / Blocking / Steel 12 daysMon 2/24/20Tue 3/10/20232In Wall Rough-In 10 daysMon 3/2/20Fri 3/13/20233In Wall Inspections2 daysMon 3/16/20Tue 3/17/20234Wall Insulation5 daysWed 3/18/20Tue 3/24/20235Hang Walls6 daysFri 3/20/20Fri 3/27/20236Tape, & Finish Walls10 daysWed 3/25/20Tue 4/7/20237Prime & 1st Paint 3 daysWed 4/8/20Fri 4/10/20238Hard Ceiling Framing 5 daysMon 3/30/20Fri 4/3/20239Hard Ceiling MEPF & FA Rough In5 daysTue 3/31/20Mon 4/6/20240Hard Ceiling Inspection3 daysTue 4/7/20Thu 4/9/20241Hard Ceiling Drywall Hang & Finish10 daysFri 4/10/20Thu 4/23/20242Hard Ceiling Prime & 1st Paint 3 daysFri 4/24/20Tue 4/28/20243Ceiling Grid10 daysThu 4/9/20Wed 4/22/20244Ceiling Grid MEP Trims15 daysThu 4/16/20Wed 5/6/20245Restrooms 14 daysWed 4/29/20Mon 5/18/20246Floor & Wall Tile8 daysWed 4/29/20Fri 5/8/20247Vanity Tops2 daysMon 5/11/20Tue 5/12/20248Plumbing Fixtures2 daysWed 5/13/20Thu 5/14/20249Partitions, Screens, & Accessories2 daysFri 5/15/20Mon 5/18/20250Court Room 32 daysThu 5/7/20Fri 6/19/20251Lights On1 dayThu 5/7/20Thu 5/7/20252Touch Up2 daysFri 5/8/20Mon 5/11/20253Millwork15 daysTue 5/12/20Mon 6/1/20254Final Paint5 daysTue 6/2/20Mon 6/8/20255Flooring5 daysTue 6/9/20Mon 6/15/20256Doors 2 daysThu 6/11/20Fri 6/12/20257Paint Doors3 daysFri 6/12/20Tue 6/16/20258Accessories & Shades3 daysMon 6/15/20Wed 6/17/20259Hardware3 daysWed 6/17/20Fri 6/19/20260Final Clean5 daysMon 6/15/20Fri 6/19/20261Police35 daysFri 5/15/20Thu 7/2/20262Lights On1 dayFri 5/15/20Fri 5/15/20263Touch Up2 daysMon 5/18/20Tue 5/19/20Frame Walls & Ceilings / Blocking / Steel In Wall Rough-In In Wall InspectionsWall InsulationHang Walls & CeilingsInstall Electrical Panels & TransformersTape, & Finish Walls & CeilingsPrime & 1st Paint Walls & CeilingsCeiling GridMEP TrimsOffices & Open AreasLights OnTouch UpMillworkFinal PaintFlooringDoors Paint DoorsAccessories & ShadesHardwareFinal CleanRestrooms Floor & Wall TileVanity TopsPlumbing FixturesPartitions, Screens, & AccessoriesLEVEL 1 ROUGH INS & FINISHESLayout Walls & Top TrackDoor Frames OnsiteHVAC Overhead Rough-InsElectrical Overhead Rough-InsPlumbing Overhead Rough-InsFire Sprinkler Overhead Rough-InsFrame Walls & Soffits / Blocking / Steel In Wall Rough-In In Wall InspectionsWall InsulationHang WallsTape, & Finish WallsPrime & 1st Paint Hard Ceiling Framing Hard Ceiling MEPF & FA Rough InHard Ceiling InspectionHard Ceiling Drywall Hang & FinishHard Ceiling Prime & 1st Paint Ceiling GridCeiling Grid MEP TrimsRestrooms Floor & Wall TileVanity TopsPlumbing FixturesPartitions, Screens, & AccessoriesCourt Room Lights OnTouch UpMillworkFinal PaintFlooringDoors Paint DoorsAccessories & ShadesHardwareFinal CleanPoliceLights OnTouch UpJFMAMJJASONDJFMAMJJASONDHalf 1, 2019Half 2, 2019Half 1, 2020Half 2, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC GMP Schedule Date: Fri 6/21/19Page 4 ID Task NameDuration Start Finish264Millwork15 daysWed 5/20/20Tue 6/9/20265Final Paint5 daysWed 6/10/20Tue 6/16/20266Flooring5 daysWed 6/17/20Tue 6/23/20267Doors 2 daysFri 6/19/20Mon 6/22/20268Paint Doors3 daysMon 6/22/20Wed 6/24/20269Accessories & Shades3 daysTue 6/23/20Thu 6/25/20270Hardware3 daysThu 6/25/20Mon 6/29/20271Final Clean5 daysFri 6/26/20Thu 7/2/20272BUILDING SYSTEMS45 daysMon 3/2/20Fri 5/1/20273Install Emergency Generator5 daysMon 3/2/20Fri 3/6/20274Permanent Power0 daysFri 3/6/20Fri 3/6/20275Equipment & Systems15 daysMon 3/9/20Fri 3/27/20276Test & Balance10 daysMon 3/30/20Fri 4/10/20277Elevator Install20 daysMon 4/6/20Fri 5/1/20278FIRE STATION170 daysMon 10/21/19Fri 6/19/20279SLAB ON GRADE47 daysMon 10/21/19Mon 12/30/19280Footings10 daysMon 10/21/19Fri 11/1/192812 Courses of CMU at Load Bearing Walls8 daysMon 11/4/19Wed 11/13/19282Underground MEP8 daysMon 11/4/19Wed 11/13/19283Inspect & Backfill2 daysThu 11/14/19Fri 11/15/19284Slab Prep5 daysMon 11/18/19Tue 11/26/19285Inspect & Pour2 daysWed 11/27/19Thu 11/28/19286CMU Walls20 daysFri 11/29/19Mon 12/30/19287STRUCTURE25 daysTue 12/31/19Tue 2/4/20288Steel Columns & Beams10 daysTue 12/31/19Tue 1/14/20289Joist & Decking10 daysWed 1/15/20Tue 1/28/20290Detailing10 daysWed 1/22/20Tue 2/4/20291EXTERIOR SKINS60 daysWed 2/5/20Tue 4/28/20292Parapet Framing10 daysWed 2/5/20Tue 2/18/20293Roof Drains (4)2 daysWed 2/19/20Thu 2/20/20294Roofing15 daysFri 2/21/20Thu 3/12/20295Exterior Framing & Sheathing20 daysWed 2/19/20Tue 3/17/20296Air Barrier10 daysWed 3/11/20Tue 3/24/20297Windows/Doors10 daysWed 3/18/20Tue 3/31/20298Brick 15 daysWed 3/25/20Tue 4/14/20299Fiber Cement Panel Cladding Level 110 daysWed 3/25/20Tue 4/7/20300Fiber Cement Panel Cladding Apparatus Bay5 daysWed 4/8/20Tue 4/14/20301Remaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)10 daysWed 4/15/20Tue 4/28/20302ROUGH INS & FINISHES81 daysFri 2/28/20Fri 6/19/20303Layout Walls & Top Track2 daysFri 2/28/20Mon 3/2/20304Door Frames Onsite0 daysFri 2/28/20Fri 2/28/20305HVAC Overhead Rough-Ins20 daysFri 2/28/20Thu 3/26/20306Electrical Overhead Rough-Ins20 daysTue 3/3/20Mon 3/30/20307Plumbing Overhead Rough-Ins10 daysTue 3/3/20Mon 3/16/20308Fire Sprinkler Overhead Rough-Ins10 daysMon 3/9/20Fri 3/20/20309CMU & Stud Walls32 daysFri 3/13/20Mon 4/27/20310In Wall Rough-In - 1st Half10 daysFri 3/13/20Thu 3/26/20311In Wall Rough-In - 2nd Half10 daysFri 3/27/20Thu 4/9/20312Drywall Hang & Finish7 daysFri 4/10/20Mon 4/20/20313Install Electrical Panels & Transformers7 daysTue 4/28/20Wed 5/6/20314Prime & 1st Paint 5 daysTue 4/28/20Mon 5/4/20315Hard Ceilings 22 daysTue 5/5/20Wed 6/3/20316Framing5 daysTue 5/5/20Mon 5/11/20317MEPF & FA Rough In5 daysMon 5/11/20Fri 5/15/20318Inspection3 daysMon 5/18/20Wed 5/20/20319Plywood1 dayThu 5/21/20Thu 5/21/20320Dry Fog1 dayFri 5/22/20Fri 5/22/20321Drywall Hang & Finish7 daysThu 5/21/20Fri 5/29/20322Prime & 1st Paint 3 daysMon 6/1/20Wed 6/3/20323Ceiling Grid8 daysTue 5/5/20Thu 5/14/20324Ceiling Grid8 daysTue 5/5/20Thu 5/14/20325MEP Trims5 daysThu 5/7/20Wed 5/13/20326Restrooms 23 daysTue 4/28/20Thu 5/28/20327Floor & Wall Tile8 daysTue 4/28/20Thu 5/7/20328Vanity Tops5 daysFri 5/8/20Thu 5/14/20MillworkFinal PaintFlooringDoors Paint DoorsAccessories & ShadesHardwareFinal CleanBUILDING SYSTEMSInstall Emergency GeneratorPermanent PowerEquipment & SystemsTest & BalanceElevator InstallFIRE STATIONSLAB ON GRADEFootings2 Courses of CMU at Load Bearing WallsUnderground MEPInspect & BackfillSlab PrepInspect & PourCMU WallsSTRUCTURESteel Columns & BeamsJoist & DeckingDetailingEXTERIOR SKINSParapet FramingRoof Drains (4)RoofingExterior Framing & SheathingAir BarrierWindows/DoorsBrick Fiber Cement Panel Cladding Level 1Fiber Cement Panel Cladding Apparatus BayRemaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)ROUGH INS & FINISHESLayout Walls & Top TrackDoor Frames OnsiteHVAC Overhead Rough-InsElectrical Overhead Rough-InsPlumbing Overhead Rough-InsFire Sprinkler Overhead Rough-InsCMU & Stud WallsIn Wall Rough-In - 1st HalfIn Wall Rough-In - 2nd HalfDrywall Hang & FinishInstall Electrical Panels & TransformersPrime & 1st Paint Hard Ceilings FramingMEPF & FA Rough InInspectionPlywoodDry FogDrywall Hang & FinishPrime & 1st Paint Ceiling GridCeiling GridMEP TrimsRestrooms Floor & Wall TileVanity TopsJFMAMJJASONDJFMAMJJASONDHalf 1, 2019Half 2, 2019Half 1, 2020Half 2, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC GMP ScheduleDate: Fri 6/21/19Page 5 ID Task NameDuration Start Finish329Plumbing Fixtures5 daysFri 5/15/20Thu 5/21/20330Partitions, Screens, & Accessories5 daysFri 5/22/20Thu 5/28/20331Break Room34 daysTue 4/28/20Fri 6/12/20332VCT5 daysTue 4/28/20Mon 5/4/20333Millwork4 daysTue 5/5/20Fri 5/8/20334Fabricate Countertop5 daysMon 5/11/20Fri 5/15/20335Install Countertop2 daysMon 5/18/20Tue 5/19/20336Plumbing Fixtures2 daysWed 5/20/20Thu 5/21/20337Appliances2 daysThu 6/11/20Fri 6/12/20338Offices & Open Areas27 daysThu 5/14/20Fri 6/19/20339Office Lights On1 dayThu 5/14/20Thu 5/14/20340Millwork9 daysFri 5/15/20Wed 5/27/20341Touch Up2 daysThu 5/28/20Fri 5/29/20342Final Paint3 daysMon 6/1/20Wed 6/3/20343Flooring5 daysThu 6/4/20Wed 6/10/20344Doors 2 daysMon 6/8/20Tue 6/9/20345Paint Doors3 daysTue 6/9/20Thu 6/11/20346Accessories 3 daysWed 6/10/20Fri 6/12/20347Hardware3 daysFri 6/12/20Tue 6/16/20348Final Clean5 daysMon 6/15/20Fri 6/19/20349BUILDING SYSTEMS20 daysThu 4/2/20Thu 4/30/20350Permanent Power0 daysThu 4/2/20Thu 4/2/20351Equipment & Systems15 daysFri 4/3/20Thu 4/23/20352Test & Balance5 daysFri 4/24/20Thu 4/30/20353HARDSCAPE/LANDSCAPE80 daysWed 3/18/20Tue 7/7/20354Fire Tower20 daysWed 3/18/20Tue 4/14/20355Dumpster Enclosure (Slab, Drains, Bollards, & CMU)5 daysTue 4/28/20Mon 5/4/20356Concrete Sidewalks around Police & Courthouse15 daysFri 4/17/20Thu 5/7/20357HD Concrete Pavement20 daysWed 4/15/20Tue 5/12/20358Base & Binder5 daysWed 5/13/20Tue 5/19/20359Asphalt5 daysWed 5/20/20Tue 5/26/20360Exterior Landscaping25 daysWed 5/27/20Tue 6/30/20361Refueling Station - Gasoline5 daysWed 5/13/20Tue 5/19/20362Refueling Station - Diesel5 daysWed 5/13/20Tue 5/19/20363Flag Pole2 daysWed 5/13/20Thu 5/14/20364Top Coat5 daysWed 5/27/20Tue 6/2/20365Site Inspection - Fulton County & Civil Engr5 daysWed 7/1/20Tue 7/7/20366Punch, Acceptance, & Owner Move-in35 daysMon 6/22/20Fri 8/7/20367Police & Municipal Court Final Inspections & CO5 daysFri 7/3/20Thu 7/9/20368Police & Municipal Court NSC Punch5 daysFri 7/3/20Thu 7/9/20369Police & Municipal Court AE Punch5 daysFri 7/10/20Thu 7/16/20370Police & Municipal Court Acceptance0 daysThu 7/16/20Thu 7/16/20371Police & Municipal Court FF&E10 daysFri 7/17/20Thu 7/30/20372Floor Mounted Safe0 daysFri 7/17/20Fri 7/17/20373Sliding File System0 daysFri 7/17/20Fri 7/17/20374X-ray Machine0 daysFri 7/17/20Fri 7/17/20375Heavy-Duty Shelfing0 daysFri 7/17/20Fri 7/17/20376Shades0 daysFri 7/17/20Fri 7/17/20377Refrigerated Evidence Locker0 daysFri 7/17/20Fri 7/17/20378Cash Drawer0 daysFri 7/17/20Fri 7/17/20379Fire Station #44 & Admin Final Inspections & CO5 daysMon 6/22/20Fri 6/26/20380Fire Station #44 & Admin NSC Punch5 daysMon 6/22/20Fri 6/26/20381Fire Station #44 & Admin AE Punch5 daysMon 6/29/20Fri 7/3/20382Fire Station #44 & Admin Acceptance0 daysFri 7/3/20Fri 7/3/20383Fire Station #44 & Admin FF&E10 daysMon 7/6/20Fri 7/17/20384Compressed Air Reel Pull-down with Power0 daysMon 7/6/20Mon 7/6/20385Heavy-Duty Ceiling Fan0 daysMon 7/6/20Mon 7/6/203861000 Gal Storage Tanks0 daysMon 7/6/20Mon 7/6/20387Final Completion / Owner Move-in0 daysFri 8/7/20Fri 8/7/20Plumbing FixturesPartitions, Screens, & AccessoriesBreak RoomVCTMillworkFabricate CountertopInstall CountertopPlumbing FixturesAppliancesOffices & Open AreasOffice Lights OnMillworkTouch UpFinal PaintFlooringDoors Paint DoorsAccessories HardwareFinal CleanBUILDING SYSTEMSPermanent PowerEquipment & SystemsTest & BalanceHARDSCAPE/LANDSCAPEFire TowerDumpster Enclosure (Slab, Drains, Bollards, & CMU)Concrete Sidewalks around Police & CourthouseHD Concrete PavementBase & BinderAsphaltExterior LandscapingRefueling Station - GasolineRefueling Station - DieselFlag PoleTop CoatSite Inspection - Fulton County & Civil EngrPunch, Acceptance, & Owner Move-inPolice & Municipal Court Final Inspections & COPolice & Municipal Court NSC PunchPolice & Municipal Court AE PunchPolice & Municipal Court AcceptancePolice & Municipal Court FF&EFloor Mounted SafeSliding File SystemX-ray MachineHeavy-Duty ShelfingShadesRefrigerated Evidence LockerCash DrawerFire Station #44 & Admin Final Inspections & COFire Station #44 & Admin NSC PunchFire Station #44 & Admin AE PunchFire Station #44 & Admin AcceptanceFire Station #44 & Admin FF&ECompressed Air Reel Pull-down with PowerHeavy-Duty Ceiling Fan1000 Gal Storage TanksFinal Completion / Owner Move-inJFMAMJJASONDJFMAMJJASONDHalf 1, 2019Half 2, 2019Half 1, 2020Half 2, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC GMP ScheduleDate: Fri 6/21/19Page 6 Exhibit G Component Change Order G-1 Exhibit G EXHIBIT G COMPONENT CHANGE ORDER CM/GC PROPOSED COMPONENT CHANGE ORDER NO. _________________ Project No. _______________________________ TO: Owner This proposed Component Change Order is submitted pursuant to Section 3 Part 2 of the Construction Management At Risk Agreement dated , 20 , the terms of which are incorporated herein by reference. Having carefully examined the Component Construction Documents prepared by (Design Professional) and approved by Owner on , 20 , listed on attached Schedule A (Construction Documents), as well as the Site and conditions affecting the Work, the undersigned submits this proposed Component Change Order under Section 3 Part 2 of the Construction Management At Risk Agreement to furnish all service, labor and materials called for by the Construction Documents for the entire Work related to this Component in accordance with the aforesaid Construction Documents and the Construction Management Contract. Description of Component: __________________________________________________________________________ ________________________________________________________________________________________________ A. The Change Order Sum comprises the following amounts: 1. Construction Sum due Trade Contractors. Subcontractors and and Suppliers $ 2. CM/GC's Estimated Cost for Work or Material Supplied by CM/GC $ 3. CM/GC's component contingency % 4. CM/GC's proportional Fee % 5. Time Dependent Overhead (based on daily rate specified in GMP Change Order)$ B. The Construction Budget is attached as Schedule B. C. The Component Construction Progress Schedule is attached as Schedule C. D. The undersigned guarantees the final completion of the Component on or before , 20 . E. The undersigned agrees that this Component Change Order, together with the Notice of Acceptance, upon approval of the Owner, shall constitute a Change Order to the Contract Documents for the Project. Exhibit H GMP Change Order H- Exhibit H F. The CM/GC has visited the Site, familiarized itself with the conditions under which the Work described in the Contract Documents is to be performed, and correlated its observations with the requirements of the Contract Documents, including the requirements set forth in Schedule A. CM/GC By: _____________________________ DATED: , 20 . RECOMMENDED FOR OWNER’S ACCEPTANCE: Design Professional By: _________________________ Exhibit I Specimen Change Orders I- Exhibit I NOTICE OF ACCEPTANCE OF COMPONENT CHANGE ORDER NO. __________ for PROJECT NO. ___________________________ TO: ___________________________________ (CM/GC) ___________________________________ ___________________________________ Notice is hereby given to CM/GC that the Owner hereby ACCEPTS the foregoing Component Change Order. DATED: , 20 . Owner By: ________________________________ Exhibit JH Maximum Wage Rates, Salary and Labor CostsGMP Change Order JH-1 Exhibit JH EXHIBIT H GUARANTEED MAXIMUM PRICE CHANGE ORDER for PROJECT NO. 18-PW04 MILTON COURT/POLICE AND FIRE FACILITY TO: Owner In accordance with Section 3 Part 3 of the Construction Management At Risk Agreement dated , 20 , Project No. 18-PW04, , the terms of which are incorporated herein by reference, the undersigned offers to provide all services, labor and material to perform in accordance with the Contract Documents the construction of the Project described in the Component Change Orders, entered into prior to the date of this proposal, and the Construction Documents prepared by ________________________________ and Construction Documents to be hereafter prepared by the Design Professional in accordance with Schedule A and the Construction Management At Risk Agreement, for a Guaranteed Maximum Price. The undersigned guarantees the Material Completion of the Work on or before the Material Completion Date and Final Completion of the Work on or before the thirtieth day following the Material Completion Date. The Guaranteed Maximum Price comprises the following components: 1. Estimated Cost of the Work $ 2. CM/GC's Construction Contingency $ 3. CM/GC's Fee $ 4. CM/GC's Overhead Costs and Expenses $ TOTAL (Guaranteed Maximum Price)$ 5. This proposed GMP Change Order is based on the Component Change Orders, Component Construction Documents entered into prior to the date of this proposal, and the Construction Documents specified in Exhibit A and to be hereafter prepared by the Design Professional in accordance with the assumptions stated in Schedule A. 6. The Guaranteed Maximum Price includes the costs listed in Schedule B, and the Construction Contingency, the CM/GC's Fee, and the CM/GC Overhead Costs and Expenses, as set forth on Schedule B. 7. The Guaranteed Maximum Price does not include the trades, Work categories, or other items listed, if applicable, in Schedule C. 8. The Construction Documents Schedule is attached as Schedule D. 9. The Submittal Approval Schedule is attached as Schedule E. 10. The Component Change Order Schedule is attached as Schedule F. 11. The Construction Progress Schedule is attached as Schedule G. 12. The Construction Budget is attached as Schedule H. 13. The concurrence of the Design Professional to Schedules D, E, F and G is attached as Schedule I. 14. Each of Schedules A through I are part of this Proposed GMP Change Order and are incorporated herein by reference. 15. The proposed Material Completion Date is: _________________________________. Exhibit JH Maximum Wage Rates, Salary and Labor CostsGMP Change Order JH-2 Exhibit JH 16. This offer is submitted as the proposed GMP Change Order pursuant to Section 3 Part 3 of the General Requirements of the Construction Management Contract. 17. The undersigned agrees that this proposed GMP Change Order, together with the Notice of Acceptance, upon approval of the Owner, shall constitute a Change Order to the Contract Documents for the Project. 18. The CM/GC has visited the Site, familiarize itself with the conditions under which the Work described in the Contract Documents is to be performed, and correlated its observations with the requirements of the Contract Documents, including the requirements set forth in Schedule A. 19. The daily rate for Time Dependent Overhead Costs that shall be ______________________________. CM/GC By: _____________________________ DATED: , 20 . RECOMMENDED FOR OWNER’S ACCEPTANCE: Design Professional By: _________________________ Exhibit JH Maximum Wage Rates, Salary and Labor CostsGMP Change Order JH-3 Exhibit JH NOTICE OF ACCEPTANCE OF GMP CHANGE ORDER for PROJECT NO. _________ TO: ___________________________________ (CM/GC) ___________________________________ ___________________________________ Notice is hereby given to CM/GC that the Owner hereby ACCEPTS the foregoing GMP Change Order. DATED: , 20 . Owner By: ________________________________ Exhibit KI Application for Payment FormSpecimen Change Orders KI-1 Exhibit KI EXHIBIT I CHANGE ORDER FORMAT (Lump Sum) CHANGE ORDER No. _______ Project Name: ____________________________ Project Number: __________________________ ______________________________________, Owner 1. Submission of this Change Order for consideration was authorized by letter from the Owner, dated , 20__, Incumbrance Record No. . 2. The changes hereinafter described are applicable to the Contract for the construction of the above-referenced Project and amend the Contract Documents. 3. Description of Change: 4. This Change Order is deemed necessary and originated with the (Design Professional) (Owner) (CM/GC). (Indicate applicable entity.) 5. This Change Order is necessary to: 6. The amount of the Change Order was determined by: 7. A memorandum is attached showing cost breakdown of labor and materials by unit and quantities as prepared by the CM/GC and checked by the Owner. NOTE TO DESIGN PROFESSIONAL: Please prepare each Change Order for any lump sum payment in the form and wording given below, deleting inapplicable wording and adding such explanations as may be necessary. The wording in Paragraph 11 may not be changed or altered in any way by either the Design Professional or the Contractor. Send four copies, signed by you and the Contractor, to the Owner. Do not forward a Change Order unless it is accompanied by a breakdown which has been certified by the CM/GC . Note to Design Professional: Please leave the Change Order number blank. The Owner will assign a number. Choose one: a. Estimate and acceptance in lump sum. b. Unit Prices stated in contract or subsequently agreed upon. c. Cost and percentage as described in general conditions. Note to Design Professional: No Change Order should be forwarded unless you have been furnished with a letter from the Owner authorizing same. Note to Design Professional: Be sure to give a complete statement describing the changes in the Work, including the Specifications. If Drawings are necessary, refer to them by date, etc., and state they are made a part of the Change Order. Copy of Drawings should be attached to the Change Order. Note to Design Professional: Give a complete description of conditions which necessitate the change. Exhibit KI Application for Payment FormSpecimen Change Orders KI-2 Exhibit KI 8. We have verified the quantity and quality of all materials shown on the memorandum. We have verified that all prices are reasonable and do not exceed current costs for like services or materials, and we have verified that the quality of the materials meets the requirements of the Contract Documents. 9. The CM/GC shall be allowed additional calendar days for completion. The Material Completion Date is: __________________ and the Final Completion Date is the thirtieth (30th) calendar day thereafter. 10. The Guaranteed Maximum Price shall be (increased) (decreased) by $ _________________ on account of this change. The CM/GC’s Fee shall be increased by $ __________ . The Maximum Amount Allowable for CM/GC’s Overhead Costs and Expenses shall be (increased) (decreased) by $ ____________________ . 11. The payment and extension of time, if any, provided by this Change Order constitutes compensation in full to the CM/GC and its Subcontractors, Suppliers, and Trade Contractors for all costs and markups, directly and indirectly attributable to the changes ordered herein, and for all delays or time related costs thereto and for any acceleration costs for performance of changes within the time stated and to be completed by the Material or Final Completion Date and for any claims related thereto against the Owner and the Design Professional, and design consultants. APPROVED AND AGREED BY CM/GC: By: ______________________________________ RECOMMENDED FOR OWNER'S APPROVED AND AGREED BY OWNER: ACCEPTANCE: (DESIGN PROFESSIONAL) Owner By: ______________________________________ By: _______________________________________ Date approved by Owner: ______________ Note to Design Professional: Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date. Note to Design Professional: Please observe that verification of quantities and prices means the Design Professional who signs the Change Order has personal knowledge that the quantities shown in the memorandum referred to under paragraph 7 above are correct, that he has personally satisfied himself that full credit has been extended for any Work or materials deleted or omitted, and that he has conclusively established by such checking or inquiry as may be necessary that the prices and allowances shown in the memorandum comparable with current costs for like services and materials. Note to Design Professional: Please delete inapplicable language in parentheses and enter the dollar amount for this change. Ensure that cost of the Work, percentage markup for profit, and the daily rate of general conditions costs is accurate and included in the amount of an additive change. If a deductive change, the amount is generally cost of the Work only; however, consult with the Owner in significant deductive Change Orders to determine if time or profit should be included in the deducted amount. Exhibit KI Application for Payment FormSpecimen Change Orders KI-3 Exhibit KI CHANGE ORDER FORMAT (Force Account) CHANGE ORDER No. _______ Project Name: ____________________________ Project Number: __________________________ ___________________________________, Owner 1. Submission of this Change Order for consideration was authorized by letter from the Owner, dated , 20__, Incumbrance Record No. . 2. The changes hereinafter described are applicable to the Contract for the construction of the above-referenced Project and amend the Contract Documents. 3. Description of Change: 4. This Change Order is deemed necessary and originated with the (Design Professional) (Owner) (CM/GC). (Indicate applicable entity.) 5. This Change Order is necessary to: 6. The Maximum Allowable Cost of the Change Order was estimated by: NOTE TO DESIGN PROFESSIONAL: Please prepare each Change Order for Force Account or Indeterminate Units in the form and wording given below, deleting inapplicable wording and adding such explanations as may be necessary. The wording in Paragraph 8 may not be changed or altered in any way by either the Design Professional or the Contractor, except for the insertion of the relevant information as indicated. The wording in Paragraph 5 of the Final Cost Amendment may not be changed or altered in any way by either the Design Professional or the Contractor. Send four copies, signed by you and the Contractor, to the Owner. Do not forward a Change Order unless it is accompanied by a breakdown which has been checked by the CM/GC (if applicable). Note to Design Professional: Please leave the Change Order number blank. The Owner will assign a number. Choose one: a. Estimate in lump sum. b. Unit Prices stated in contract or subsequently agreed upon, and an estimated number of units. c.Cost and percentage as described in general conditions. Note to Design Professional:: No Change Order for Force Account or Indeterminate Units should be forwarded unless you have been furnished with a letter from the Owner authorizing same. Note to Design Professional: Be sure to give a complete statement describing the changes in the Work, including the Specifications. If Drawings are necessary, refer to them by date, etc., and state they are made a part of the Change Order. Copy of Drawings should be attached to the Change Order. Note to Design Professional: Give a complete description of conditions which necessitate the change. Exhibit KI Application for Payment FormSpecimen Change Orders KI-4 Exhibit KI 7. A memorandum is attached showing the estimated cost breakdown of labor and materials by unit and quantities as prepared by the CM/GC and checked by the Owner. 8. The Maximum Allowed Cost for this Change Order is $ __________________________, and is established as Incumbrance Record No. _______________ . This Maximum Allowed Cost may be amended by the Owner in the event the Actual Costs are expected to exceed the Maximum Allowed Cost, provided that CM/GC shall give written notice of such fact prior to incurring Actual Costs in excess of ninety (90) percent of the Maximum Allowable Cost. In no event shall Actual Costs be incurred in excess of the Maximum Allowed Cost, as it may be amended. APPROVED AND AGREED BY CM/GC: By: ______________________________________ RECOMMENDED FOR OWNER'S APPROVED AND AGREED BY OWNER: ACCEPTANCE: (DESIGN PROFESSIONAL) Owner By: ______________________________________ By: _______________________________________ Date approved by Owner: ______________ Exhibit KI Application for Payment FormSpecimen Change Orders KI-5 Exhibit KI FINAL COST AMENDMENT TO CHANGE ORDER NO. ___________ (Regarding Force Account) 1. A memorandum is attached showing cost breakdown of labor and materials by unit and quantities as prepared by the CM/GC and checked by the Owner. 2. We have verified the quantity and quality of all materials shown on the memorandum. We have verified that all prices are reasonable and do not exceed current costs for like services or materials, and we have verified that the quality of the materials meets the requirements of the Contract Documents. 3. The CM/GC shall be allowed additional calendar days for completion. The Material Completion Date is: __________________, and the Final Completion Date is the thirtieth (30th) calendar day thereafter. 4. The Guaranteed Maximum Price shall be (increased) (decreased) by $ _________________ on account of this change. The CM/GC’s Fee shall be increased by $ __________ . The Maximum Amount Allowable for CM/GC’s Overhead Costs and Expenses shall be (increased) (decreased) by $ ____________________ . 5. The payment and extension of time, if any, provided by this Change Order constitutes compensation in full to the CM/GC and its Subcontractors, Suppliers, and Trade Contractors for all costs and markups, directly and indirectly attributable to the changes ordered herein, and for all delays or time related costs thereto and for any acceleration costs for performance of changes within the time stated and to be completed by the Material or Final Completion Date and for any Claims related thereto against the Owner and the Design Professional, and design consultants. APPROVED AND AGREED BY CM/GC: By: ______________________________________ RECOMMENDED FOR OWNER'S APPROVED AND AGREED BY OWNER: ACCEPTANCE: (DESIGN PROFESSIONAL) Owner By: ______________________________________ By: _______________________________________ Date approved by Owner: ______________ Note to Design Professional: Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for Days and “No Change” for the date. Note to Design Professional: Please observe the fact that verification of quantities and prices means the Design Professional who signs the Change Order has personal knowledge that the quantities shown in the memorandum referred to under paragraph 7 of the Change Order for Force Account or Indeterminate Units above are correct, that he has personally satisfied himself that full credit has been extended for any Work or materials deleted or omitted, and that he has conclusively established by such checking or inquiry as may be necessary that the prices and allowances shown in the memorandum are comparable with current costs for like services and materials. Note to Design Professional: Please delete inapplicable language in parentheses and enter the dollar amount for this change. Ensure that cost of the Work, percentage markup for profit, and the daily rate of general conditions costs is accurate and included in the amount of an additive change. If a deductive change, the amount is generally Cost of the Work only; however, consult with the Owner in significant deductive Change Orders to determine if time or profit should be included in the deducted amount. Exhibit J Maximum Wage Rates, Salary and Labor Costs J-1 Exhibit J EXHIBIT J MAXIMUM WAGE RATES, SALARY AND LABOR COST The parties hereby agree to the wage rates listed in the GMP. DATA TO BE SUPPLIED BY CM/GC AND REVIEWED/APPROVED BY OWNER PRIOR TO INCLUSION HEREIN Exhibit K Application for Payment Form K-1 Exhibit K EXHIBIT K APPLICATION FOR PAYMENT APPLICATION FOR PAYMENT NO. PROJECT NO.___________________________ CERTIFICATE OF THE CM/GC OR HIS DULY AUTHORIZED REPRESENTATIVE To the best of my knowledge and belief, I certify that all items, units, quantities, and prices of Work and material shown on this Application for Payment No. are correct; that all Work has been performed and materials supplied in full accordance with the terms and conditions of the Contract Documents between _____________________________________________ (Owner) and dated __________________________________________ (CM/GC) and all authorized changes thereto; and that the following is a true and correct statement of the contract account up to and including the last day of the period covered by this Application and that no part of the "amount due this Application" has been received. (a) Total cost for Work in place (original contract) $ (b) Total cost for Work in place (Change Orders) $ (c) Cost of materials stored at Site $ (d) CM/GC Fee earned through Application Date $ (e) Total cost ( (a) plus (b) plus (c) plus (d) ) $ (f) Amount retained (10%) $ (g) Total cost less retained percentage ( (e) minus (f) ) $ (h) Total of previous payments approved $ (i) Amount due this Application ( (g) minus (h) ) $ (j) Retainage release for Completed Subcontractors and Suppliers per Owner Approval (See Articles 4.3.6 and 4.3.7)$ (k) AMOUNT DUE CM/GC ( (i) plus (j) )$ I further certify that all claims outstanding against the undersigned CM/GC for labor, materials, and expendable equipment employed in the performance of said contract have been paid in full in accordance with the requirements of said Contract, except such outstanding claims as are listed below or on the attached sheet, which statement contains all claims against the CM/GC which are not yet paid, including but not limited to all disputed claims and any claims to which the CM/GC has or will assert any defense. I further certify that all of the materials indicated on this Application for Payment that are being stored on the Site, but that are not yet incorporated into the building, have been purchased, delivered, and are now stored on the Site for future incorporation into the building, and until so incorporated, the title to same is, upon payment of this statement, vested in the Owner. Furthermore, the undersigned CM/GC assumes full responsibility for the existence, protection, and, if necessary, replacement of the above-mentioned materials until the completion of this contract. CM/GC By _____________________________________ Date Title ____________________________________ CERTIFICATE OF THE DESIGN PROFESSIONAL I certify that I have verified this Application for Payment and, to the best of my knowledge and belief, it is a true and correct statement of Work performed and statement of materials stored on Site by the CM/GC and that the CM/GC's certified statement of his account and the amount due him is correct and just. I further certify that all Work has been performed and materials have been supplied in full accordance with the terms and conditions of the Contract Documents and authorized changes thereto. Name Design Professional. Date: ________________________ Exhibit L Certificate of Material Completion L- Exhibit L SCHEDULE OF CHANGE ORDERS In support of Application for Payment No. ___________________________________________ Project No. Period Ending: _________________________________ CM/GC: ______________________________________ CHANGE ORDERS ADDITIONS TO GMP DEDUCTIONS Number (1) Date (2) Authorized Amount (3) Amount this Period (4) Completed Previous Periods (5) Authorized Deductions (6) Exhibit MK Certificate of Material Completion Application for Payment Form M-1 Exhibit M WORK PERFORMED TO DATE In support of Application for Payment No. ___________________________________ For the period from , through inclusive. Project No. _______________________________ Name and location of Project CM/GC's Name and Address WORK INCLUDED IN CONTRACT ACTUAL COSTS WORK PERFORMED TO DATE CSI Category and Description Item No. and Designation (1) Number & Kind of Units (2) Unit Price (3) Actual Cost (4) No. of Units (5) Amount Earned to Date (6) Value of Incomplete Work (7) Percent Complete (8) A. Contracting Requirements: * a. b. c, 1. Division 1 – General Requirements: * a. b. c. 2. Division 2 – Site Construction: ** (i) Building a. b. c. (ii) Infrastructure a. b. c. 3. Division 3 – Concrete: * a. b. c. 4. Division 4 – Masonry: ** (i) Building a. b. c. (ii) Infrastructure a. b. c. 5. Division 5 – Metals: * a. Exhibit MK Certificate of Material Completion Application for Payment Form M-1 Exhibit M b. c. 6. Division 6 – Wood and Plastics: * a. b. c. 7. Division 7 – Thermal & Moisture: ***** a. b. c. Roof: 8. Division 8 – Doors & Windows: * a. b. c. 9. Division 9 – Finishes: * a. b. c. 10. Division 10 – Specialties: * a. b. c. 11. Division 11 – Equipment: *** (i) Fixed or Built-in: a. b. c. (ii) Moveable: a. b. c. 12. Division 12 – Furnishings: *** (i) Fixed or Built-in: a. b. c. (ii) Moveable: a. b. c. 13. Division 13 – Special Construction: * a. b. c. 14. Division 14 – Conveying Systems: * a. b. c. 15. Division 15 – Mechanical: **** (i) Building a. b. c. (ii) Infrastructure a. b. c. 16. Division 16 – Electrical: ** Exhibit MK Certificate of Material Completion Application for Payment Form M-1 Exhibit M (i) Building a. b. c. (ii) Infrastructure a. b. c. 17. Division 17 – Special Inspections: ** (i) Building a. b. c. (ii) Infrastructure a. b. c. (iii) Documents A. Total GMP of original contract B. Plus or minus total previously approved C. O.'s Nos.----------- incl. C. Plus or minus C. O.'s Nos.-----------incl. approved during period covered by this est.----------- D. Total Net Adjusted GMP NOTES: The following breakdowns must be accomplished in order to comply with Government Accounting requirements. Upon completion of the Project, the final Application for Payment must show all divisions and sections, and a Final Certification of Costs for Capital Asset Accounting completed and submitted with the Application for Final Payment. * Report Items in each division, by CSI division and such other breakdown as is useful to the CM/GC. ** These items must be broken down into 2 categories, (i) Building and (ii) Infrastructure, reported by specification section. Infrastructure for these purposes is defined as everything outside a line five feet from the building footprint. *** These items must be broken down into 2 categories; (i) fixed equipment & furnishings and (ii) Moveable equipment & furnishings and reported by specification section. **** Division 15 – Mechanical. This item must be broken down into 2 categories, (i) Building and (ii) Infrastructure, reported by specification section. Chillers and HVAC units that serve the facility are to be included as a part of the Building, even if they are outside the 5-foot limit. Chillers and HVAC units that are outside the 5 foot limit and serve more than one facility, such as equipment used in a central plant, are to be included in Infrastructure. ***** Division 7 – Thermal & Moisture Components of the Roof system should be reported as a separate line item. Generally, this includes components of Sections 7500 and 7600. Exhibit MK Certificate of Material Completion Application for Payment Form M-1 Exhibit M SUMMARY OF MATERIALS STORED In support Application for Payment No. Project No. Period Ending: CM/GC: ITEM NO. NAME (Contractor or Subcontractor) TYPE OF MATERIAL QUANTITY AMOUNT (Dollars) TOTALS Prepared by for (Contractor) Date , and certified by him to be a true and accurate statement. Checked: By: Date: Exhibit L Certificate of Material Completion M-2 L-1 Exhibit ML FINAL CERTIFICATION OF COSTS FOR CAPITAL ASSET ACCOUNTING Date: ____________________________________ To: ________________________________________________ (Owner) The following accounting of costs for Project No. ______________________________ , Project Name: ____________ _______________________________________ at ______________________________________________________ is submitted as follows, with the breakdown of costs as specified in the Final Pay Request attached hereto and incorporated herein, for the purposes of capital asset accounting pursuant to GASB 34 Accounting Statements: 1.BUILDING AND BUILDING IMPROVEMENTS: * $ _____________________________________ 2.INFRASTRUCTURE: **$ _____________________________________ 3.FURNISHINGS AND EQUIPMENT: ***$ _____________________________________ ====================================== TOTAL: $ _____________________________________ Notes: (Contractor must insure costs from all Change Orders are apportioned and included in each line item above) *Building: Include totals from Items A, 1, 3, 5, 6, 7, 8, 9, 10, 13, 14, 15 and “Building” portions of Items 2, 4, and 16 (as described in the Work Performed to Date). ** Infrastructure: Include totals from the “Infrastructure” portions of Items 2, 4 and 16 (as described in the Work Performed to Date). *** Furnishing and Equipment : Include totals from only the “moveable” portions of Items 11 and 12 (as described in the Work Performed to Date). I certify to the best of my knowledge and belief that all of the amounts set forth on this Certificate are true and correct and are supported by the financial records for this Project on file with the Contractor. CM/GC _ By: ___________________________________ Date Title: __________________________________ CERTIFICATE OF THE DESIGN PROFESSIONAL I certify to the best of my knowledge, information and belief that the amounts certified by the CM/GC are consistent with the estimates provided in my final Statement of Probable Cost for the Project; that the Building Improvement contains a footprint based upon a line 5 feet outside the building structure) of _________ square feet, a total of __________ gross square feet, and contains ______ floors (including basements). The building fire protection system is _________________ (include type of system). The Certificate of Occupancy was issued on _________________________. I further certify that the design intent for this Project is that the Building and Building Improvements are of Building Construction Class _________ and ISO Occupancy Type(s) _______ and have an expected useful life of _____________ years from the date of this Certificate, and that my observations of the construction confirm these expectations. Name Design Professional. Date: ______________________ CERTIFICATE OF THE OWNER I certify that to the best of my knowledge, information, and belief that the cost of the real property covered by this Project, to the boundaries on the final Site Plan, was $ and the cost of additional government-supplied furnishings and equipment acquired for this Project was $ _____________________________________ . Name Title: ____________________. Date: ________________ Exhibit NM Certificate of FinalMaterial Completion N-M-1 Exhibit N M _______________________________________ (OWNER) CERTIFICATE OF MATERIAL COMPLETION Date:______________________ Institution _________________________________________ Project Number ____________________________________ Project Name ______________________________________ Design Professional __________________________________________ The Design Professional issues this Certificate of Material Completion of the Project and certifies as follows: 1. The above-named Project has achieved Material Completion, as provided in the Contract Documents, on ______________________________. 2. The punchlist is attached hereto. The CM/GC shall complete all items on the punchlist and achieve Final Completion not later than 30 days from the date hereof. This day of , . DESIGN PROFESSIONAL (Name of Firm) By: Title: EXHIBIT O PROJECT DOCUMENTS O-M-2 Exhibit O M REVIEWED AND ACCEPTED: ______________________________________________ Date: ________________________________ Owner EXHIBIT P KEY PERSONNEL Exhibit N Certificate of Final Completion QN-1 Exhibit QN ____________________________________________________(Owner) CERTIFICATE OF FINAL COMPLETION Date:______________________ Institution _________________________________________ Project Number ____________________________________ Project Name ______________________________________ Design Professional __________________________________________ The Design Professional issues this Certificate of Final Completion of the Project and certifies as follows: 1. The above-named Project was fully constructed and completed as provided in the Contract Documents on _____ and is accepted by the undersigned under the terms and conditions of such Contract Documents. 2. The Contract Sum, as amended by Change Order and reduced by properly assessed Liquidated Damages, and further reduced by the attached Schedule of Credits to the Owner, is due and payable. 3. The CM/GC has furnished evidence satisfactory to the undersigned that all payrolls, material bills, and other indebtedness connected with the Work have been paid. 4. A (temporary) certificate of occupancy has been issued by the State Fire Marshal dated and numbered . Said certificate has been delivered to the following person: Name: ________________________________________ Address: ______________________________________ 5. The total cost of labor, materials, and equipment incorporated in the Project are as provided in the attached FINAL CERTIFICATION OF COSTS FOR CAPITAL ASSET ACCOUNTING. 6. All tests and inspections provided for in the Contract Documents have been made in the presence of a registered architect or registered engineer, and all Work was found to meet said tests and inspections in accordance with plans and Specifications. All mechanical systems, equipment, apparatus and controls (plumbing, heating, electrical, water, septic tank and sewerage disposal fields, refrigeration, kitchen equipment, fire alarm, program and public address, etc.) have been found to be in compliance with the Contract Documents and all applicable codes and to be in safe operational condition. Copies of all tests and certifications are included with the Final Documents. 7. All Work has been installed in such a manner as to comply strictly with all laws, ordinances, codes, rules, and regulations bearing on the conduct of the Work as provided in the Contract Documents. 8. There are no credits due the Owner for changes, deviations, omissions, or non-compliances other than as shown on the attached Schedule of Credits. 9. As Built Documents are to be furnished in accordance with the CM/GC Contract. 10. No Work has been certified for payment which was covered prior to consent of the Design Professional. 11. Attached is one copy of each bond, guarantee, or warranty as called for in the Contract Documents. 12. Attached are two copies of the affidavit of CM/GC as called for in the Contract Documents. EXHIBIT P KEY PERSONNEL Exhibit N Certificate of Final Completion QN-2 Exhibit QN 13. With exceptions noted below, there are, to the best of the knowledge and belief of the undersigned, no claims outstanding against the CM/GC arising out of the Contract Documents. This day of , . DESIGN PROFESSIONAL (Name of Firm) By: Title: ________________________________________________________________________________________________ SCHEDULE OF CREDITS TO OWNER [None] ________________________________________________________________________________________________ REVIEWED AND ACCEPTED: ______________________________________________ Date: ________________________________ Owner EXHIBIT QO PREINSTALLATION MEETINGS PROJECT DOCUMENTS O-1 EXHIBIT O EXHIBIT “O” PROJECT DOCUMENTS Not Used EXHIBIT P KEY PERSONNEL Q-1 EXHIBIT Q EXHIBIT “P” Intentionally Blank EXHIBIT Q PREINSTALLATION MEETINGS Q-1 EXHIBIT Q EXHIBIT “Q” Preinstallation Meetings 1. Site Work/Excavation 2. Concrete 3. Electrical 4. Plumbing 5. HVAC 6. Steel 7. Waterproofing 8. Roofing 9. Audio Data 10. Elevator 11. Fire Protection/Sprinkler 12. Landscape 13. Exterior Brick Siding 14. Paving 15. Millwork Item Duration % of Time Unit Cost Total Cost Superintendent 12 months 100%$15,000 $180,000 Senior Project Manager 12 months 100%$16,500 $198,000 Assistant Project Manager 12 months 100%$10,050 $120,600 In-house Accountant 12 months 25%$7,000 $21,000 Safety Engineer 12 months 15%$7,000 $12,600 Field Office Set Up 1 lump sum $3,000 $3,000 Field Office Rental 12 months $450 $5,400 Storage Trailer Rental 12 months $125 $1,500 Temporary Toilets 12 months $1,050 $12,600 Temporary Power - Office Trailer 12 months $225 $2,700 Temporary Water - Office Trailer 12 months $75 $900 Job Signs 1 lump sum $1,500 $1,500 Office Equipment 12 months $1,100 $13,200 Ice / Cups / Water 12 months $100 $1,200 Office Supplies 12 months $200 $2,400 Office Furniture 1 lump sum $750 $750 Office Computer 1 lump sum $2,000 $2,000 Internet Service 12 months $300 $3,600 Internet Service Set Up 1 lump sum $350 $350 Postage 12 months $150 $1,800 Progress Photographs 12 months $225 $2,700 Plan Printing/Copying 1 lump sum $2,500 $2,500 Gas, Oil, & Maintenance 12 months $1,400 $16,800 Total General Conditions $607,100 Building Permits Land Disturbance Permits Impact Fees Bonds Insurance Temporary Roads Temporary Fencing/Barricades/Dustscreens General Safety Labor, Materials & Supplies Security Line & Grade Survey Materials Testing & Special Inspections Cranes, Lifts & Hoists Commissioning Agent Clean-up Labor Dumpsters Final Cleaning Temporary Power - Building Temporary Water - Building Small Tools City of Milton Cost Breakdown for General/Required Conditions RFP Number : 18-PW04 The following items are considered cost of work and are not included in the overhead costs: MILTON ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2019 FROM: Steven Krokoff, City Manage,0 AGENDA ITEM: Approval of a Guaranteed Maximum Price Change Order for the Construction of Milton Court/Police and Fire Facility between the City of Milton and NSC Construction Company, LLC, d/b/a, New South Construction Company, LLC MEETING DATE: Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J/4PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (~ES (,ryES APPROVAL BY CITY ATTORNEY: (~PPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Robert Buscemi, City Architect Date: Submitted June 28, 2019 for the July 8, 2019 Regular City Council Meeting Agenda Item: Approval of a Guaranteed Maximum Price for the Construction of Milton Court/Police and Fire Facility between the City of Milton and NSC Construction Company, LLC, d/b/a, New South Construction Company, LLC Department Recommendation: Approval. Executive Summary: This is a request for approval of the Construction Management at Risk contract and Guaranteed Maximum Price (GMP) for the construction of the new Court/Police and Fire Facility. The Construction Management Agreement provides for the issuance of an overall Guaranteed Maximum Price Change Order (to set the maximum price of construction) when the building design is almost or completely finished. The proposed GMP of $12,875,000 is based on 100%-complete construction drawings. The GMP is consistent with City’s budget of $13,000,000. This is the combination of the GMP, the City’s prior obligation under the separate Preconstruction Services Agreement (with a $50,000 Preconstruction Services Fee) and an Owner’s Contingency of $75,000. “Add alternates” as outlined on page 7 in “Schedule A” Assumptions can be added during the project. The cost of the “add alternates” would be in addition to the stated GMP but could be funded from the Owner’s Contingency. Funding for this project has been approved and will be covered by the upcoming bond issuance. Page 2 of 2 Procurement Summary: Purchasing method used: RFP Account Number: 360-1565-541300100 Requisition Total: $13,000,000 Financial Review: Bernadette Harvill (June 26, 2019) Legal Review: Sam VanVolkenburgh – Jarrard & Davis ( June 26, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment: Guaranteed Maximum Price Change Order Exhibit H GMP Change Order H-1 Exhibit H EXHIBIT H GUARANTEED MAXIMUM PRICE CHANGE ORDER for PROJECT NO. 18-PW04 MILTON COURT/POLICE AND FIRE FACILITY TO: Owner In accordance with Section 3 Part 3 of the Construction Management At Risk Agreement dated _______________, 20 , Project No. 18-PW04, , the terms of which are incorporated herein by reference, the undersigned offers to provide all services, labor and material to perform in accordance with the Contract Documents the construction of the Project described in the Component Change Orders, entered into prior to the date of this proposal, and the Construction Documents prepared by COOPER CARRY, INC. and Construction Documents to be hereafter prepared by the Design Professional in accordance with Schedule A and the Construction Management At Risk Agreement, for a Guaranteed Maximum Price. The undersigned guarantees the Material Completion of the Work on or before the Material Completion Date and Final Completion of the Work on or before the thirtieth day following the Material Completion Date. The Guaranteed Maximum Price comprises the following components: 1. Estimated Cost of the Work $11,472,900.00 2. CM/GC's Construction Contingency $295,000.00 3. CM/GC's Fee $500,000.00 4. CM/GC's Overhead Costs and Expenses $607,100.00 TOTAL (Guaranteed Maximum Price) $12,875,000.00 5. This proposed GMP Change Order is based on the Component Change Orders, Component Construction Documents entered into prior to the date of this proposal, and the Construction Documents specified in Exhibit A and to be hereafter prepared by the Design Professional in accordance with the assumptions stated in Schedule A. 6. The Guaranteed Maximum Price includes the costs listed in Schedule B, and the Construction Contingency, the CM/GC's Fee, and the CM/GC Overhead Costs and Expenses, as set forth on Schedule B. 7. The Guaranteed Maximum Price does not include the trades, Work categories, or other items listed, if applicable, in Schedule C. 8. The Construction Documents Schedule is attached as Schedule D. 9. The Submittal Approval Schedule is attached as Schedule E. 10. The Component Change Order Schedule is attached as Schedule F. 11. The Construction Progress Schedule is attached as Schedule G. 12. The Construction Budget is attached as Schedule H. 13. The concurrence of the Design Professional to Schedules D, E, F and G is attached as Schedule I. 14. Each of Schedules A through I are part of this Proposed GMP Change Order and are incorporated herein by reference. Exhibit H GMP Change Order 15. The proposed Material Completion Date is: July 91h, 2020 16. This offer is submitted as the proposed GMP Change Order pursuant to Section 3 Part 3 of the General Requirements of the Construction Management Contract. 17. The undersigned agrees that this proposed GMP Change Order, together with the Notice of Acceptance, upon approval of the Owner, shall constitute a Change Order to the Contract Documents for the Project. 18. The CM/GC has visited the Site, familiarize itself with the conditions under which the Work described in the Contract Documents is to be performed, and correlated its observations with the requirements of the Contract Documents, including the requirements set forth in Schedule A. 19. The daily rate for Time Dependent Overhead Costs that shall be $1,980.00. RECOMMENDED FOR OWNER'S ACCEPTANCE Design Professional By: H-2 Exhibit H i Exhibit H GMP Change Order H-3 Exhibit H NOTICE OF ACCEPTANCE OF GMP CHANGE ORDER for PROJECT NO. 18-PW04 TO: NSC Construction Company, LLC d/b/a New South Construction Company, LLC. (CM/GC) 1180 West Peachtree Street - Suite 700_________________ Atlanta, GA 30309__________________________________ Notice is hereby given to CM/GC that the Owner hereby ACCEPTS the foregoing GMP Change Order. DATED: , 20 . Owner By: ________________________________ SCHEDULE A ASSUMPTIONS & CLARIFICATIONS Milton Public Safety Complex GMP Package DIVISION 3 CONCRETE 1. Building slab on grade assumes 4" GAB fill is acceptable. GAB under exterior porches is not included. 2. Epoxy coated and/or galvanized rebar is not included. 3. FL values are not achievable on an elevated concrete deck. We have assumed the specified FL on elevated decks is not required. 4. We have assumed corrosion inhibiting admixtures will not be required. 5. Polished concrete finishes on an elevated deck are subject to the FF and FL of the pours made on the deck. We have assumed that the polished concrete shown at elevated slabs will have some variation in the levelness, flatness, finish and color. DIVISION 5 METALS 1. We have assumed that Architecturally Exposed Structural Steel (AESS) is not required. 2. We have assumed Contract Documents have considered the seismic criteria listed in the general structural notes when designing the structural elements of the buildings. 3. We have included PE stamped calculations for steel joists and steel connections. We have assumed PE stamped drawings are not required for these submittals. 4. Railings and handrails are included based on the following: a. The railings and handrails for the exterior stairs to the Police and Court Building basement are clear anodized aluminum. b. The pipe and mesh railings at the interior stairs are painted steel. c. Handrailing at Courtroom ramps are painted steel. d. Exterior railing detailed on 2/FA631 is limited to the Fire Chief Porch. We have assumed cedar to be used for the wood material. e. The railings at the Fire Tower are included as painted steel. f. Stainless steel railings are not included. 5. We have assumed all exposed exterior steel to be primed and painted and not galvanized. 6. We have assumed bollards in the Fire Station Apparatus Bay to be 7’ long 6” standard pipe. Each bollard will be embedded in a concrete foundation and filled with concrete. Bollards to be field-painted. 7. We have included painted steel W shapes as shown in the structural documents for the Fire Tower. We have assumed no other cosmetic requirements are needed, i.e. boxing the beams, architectural cover plates, etc. 8. We have not included a UL labeled system for the “Climbing Hooks” at the Fire Tower. We have included the “Climbing Hooks” as detailed in the Structural Documents. DIVISION 6 CARPENTRY 1. We have assumed pressure-treated and/or fire-treated lumber is not required for the heavy timber canopies. 2. We have included Western Red Cedar, #2 Appearance Grade lumber for the heavy timber canopies. June 24, 2019Schedule A Assumptions & Clarifications Milton Public Safety Complex Schedule A Assumptions Page 2 of 7 3. We have included cabinets in both buildings per the finish tags on the interior elevations as discrepancies exist between the elevations and cabinet sections/details. 4. We have included RAKKS countertop supports for vanities and counter overhangs. Welded tube steel supports are not included. 5. We have assumed any items listed as “wood trim” that are not shown on the Finish Schedules or are tagged with a material type are birch. 6. On the Police and Municipal Court Building, the finish schedule on page PA1000 does not list PLM-P5 as an option for plastic laminate. We have assumed that this product will match PLM-F5 in the Fire Station Finish Schedule on page FA1000. 7. The Police and Court Building reflected ceiling plans list "WDV" as ceiling product. We have assumed the “WDV” tag is the product listed “WDV-P1” on the Finish Schedule shown on PA1000. 8. We have assumed 1x4 birch for the wood slats shown in the Court Lobby in the Police and Municipal Court Building 9. We have assumed 1x4 birch for the wood slats shown in the Roll Call areas in the Police and Municipal Court Building. 10. Faux beams include Unistrut supports as shown in RFI 1, but only at faux beams in exposed ceiling locations. We have assumed faux beams in drywall ceilings will be attached to blocking in the metal framed ceilings. 11. We have assumed that AWI certification is not required for the heavy timber canopies. 12. Painted exterior wood or PVC trim is not included. 13. We have not included walnut for any trim, casework, panels, or faux beams. 14. We have assumed marine-grade plywood is not required. 15. We have not included fire-treated millwork, paneling, or casework cores. DIVISION 7 THERMAL AND MOISTURE PROTECTION 1. We have assumed that fireproofing will not be required. 2. Caulking is included with colors from the manufacturer’s standard color line. 3. TPO is included with colors from the manufacturer’s standard color line. 4. We have included TPO roof membrane on the backside of the parapet. DIVISION 8 DOORS & WINDOWS 1. Delegated design for storefront and glazing is not included. 2. Exterior storefront system is included as 2” x 4-½” Oldcastle 3000 thermally broken system with center set glazing. 3. We have included 1” applied muntins on the interior and exterior side of the storefront at the Police and Court Facility. 4. A 10-year finish warranty is included for the storefront. 5. We have assumed that curtainwall systems are not required. 6. We have assumed that fire-rated glass is not required. 7. Detection loops are included at the Fire Station entry bi-fold doors only, specified exit bi- fold doors are self-closing. 8. Wood doors have been provided as Oshkosh, in lieu of VT Industries. 9. The hardware package had been included as Assa Abloy products in lieu of Allegion products. 10. Keying system assumes that Sargent I/C core Masterkey system by Assa Abloy is an acceptable equal to the Schlage by Allegion. 11. We have assumed door type DF03 is the same as DF01. 12. We have assumed acoustical treated doors are limited to openings labeled "acoustical" on the Door Schedule comments in the Contract Documents. Milton Public Safety Complex Schedule A Assumptions Page 3 of 7 13. Hardware sets are not scheduled at PB21, P199, P140A, P147, C147, and PC140A. These sets have been included at an Allowance of $600 per set, total Allowance of $3,600. DIVISION 9 FINISHES 1. Drywall assemblies are included per the partition schedule on drawings PA901 and FA931. The specified assemblies will not meet the required STC rating listed on the Contract Documents as currently designed. We have included the current design as shown. 2. Interior wall studs are assumed to be 20-gauge 18-mil EQ studs. 3. Level five gypsum board finish is not included. 4. We have not included acoustically enhanced gypsum board with viscoelastic sound absorbing core. 5. WDCT ceilings shown on the Fire Station Reflected Ceiling Plan are included as WDC-1. 6. We have included CPT-P2/P3/P4 as a herringbone pattern installation with an equal mix of each carpet tile. 7. We have included LVT-F1 listed on FA1000 as LVT-1. 8. The Police and Court Building Finish Schedule, PA1000, does not include rubber base types. We have assumed all products match the corresponding tags shown in the Fire Station Finish Schedule, FA1000. 9. We have assumed details 3 & 4 on PA701 that show stair nosing details are not required. 10. We have assumed that a moisture vapor emissions reduction system is not required underneath flooring products. 11. We have included an Allowance of $5,000 for moisture remediation. 12. We have not included attic stock for tile or static dissipative flooring. 13. Pricing include WT-5 over reception desk per 7/FA1057. 14. We have not included epoxy grout at the tile. 15. We have assumed Schluter trim CB-2 is not required at bullnose tile base. 16. We have included rooms F113 & F146 in the Fire Station as exposed broom finish concrete. 17. We have included caulking for concrete joints at polished concrete and epoxy coated floors only. 18. We have included a one-color painted stencil for 7/FA1061. We have assumed all other graphic features that are not provided in the Contract Documents will be provided by others. 19. Specification 033543 for Retro Plate 99 and W.R. Meadows, Inc. acrylic sealer is not included. 20. We have assumed a WR Meadows densifier in the Fire Station Apparatus Bay is not required. 21. We have assumed any acoustical treatments will be by others. DIVISION 10 SPECIALTIES 1. Toilet Accessory TA-22 was listed as "TBD" at the time of pricing and was assumed to be the same product as TA-17. 2. We have not included prefabricated display casework as described in 101200. DIVISION 11 EQUIPMENT 1. Microwave ovens are included as Sharp SMD2480CS. 2. Spacesaver evidence lockers are included. Model numbers are included as follows: ED3P14, ED3P43, ED3P03F2. 3. EMS medical storage is included as an Allowance of $2,000. Milton Public Safety Complex Schedule A Assumptions Page 4 of 7 DIVISION 12 FURNISHINGS 1. Motorized Mecho roller shades are included with 5 percent light filtering fabric. 2. Window treatment attic stock is not included. DIVISION 14 ELEVATORS 1. We have included a Schindler 3100 traction MRL elevator with a 100 FPM speed. The elevator has a 2,500-lb. capacity. DIVISION 15 FUEL SYSTEMS 1. We have not included fuel for the fuel tanks. 2. We have not included any state, federal or local jurisdictional permits for the fuel system. DIVISION 21 FIRE PROTECTION 1. We have included dry sidewall heads at the covered porches. Drypipe systems are not included. 2. We have assumed that a fire pump will not be required. DIVISION 22 PLUMBING 1. We have assumed seismic restraints only for minimum life safety/support. 2. The gas meters and gas lines from street to the buildings are assumed to be provided by the utility company. We have included gas piping from the meters into the building. 3. We have assumed that trap primers are not required on the trench drains upstream of the oil interceptors. DIVISION 26 ELECTRICAL 1. We have assumed transformer and power to transformer will be by the power company. 2. We have assumed lightning protection systems are not required. 3. We have assumed the existing light poles scheduled for removal and reinstallation will be reinstalled in their current locations on the existing pole bases. We have assumed one new pole base will be required adjacent to the Police/Courts basement. DIVISION 31 EARTHWORK 1. Costs for the removal of rock and unsuitable soils is not included. 2. We have assumed topsoil and underground detention spoils can be used as onsite fill. 3. Screening of topsoil is not included. 4. We have included an Allowance of $20,000 for shoring along the south side of the Police and Municipal Court basement. 5. We have assumed that moisture adjustments to the soil are not required. 6. Permanent dewatering systems are assumed to not be required. Milton Public Safety Complex Schedule A Assumptions Page 5 of 7 7. We have included an Allowance of $2,500 for rework of the sand filter across Cambridge Rd. 8. We have assumed that tree recompense will not be required. DIVISION 32 EXTERIOR IMPROVEMENTS 1. Work associated with the GDOT plans for the Alpharetta Highway improvements are not part of this Contract. a. Traffic signals are not included. b. Asphalt striping and signage is not included. c. Asphalt paving and curb and gutter are not included. 2. Asphalt paving and curb and gutter within our site limits are included as detailed. We have not included GDOT paving or curb and gutter details. 3. Asphalt prime coats are not included. 4. Striping for crosswalk is included as traffic paint with glass beads. 5. Concrete exposed aggregate banding is included as a top-coat retarder installation. Sand blasting is not included. 6. We have assumed integral colored concrete is not required. DIVISION 33 UTILITIES 1. Relocation of existing utilities are not included. 2. Hydrology study is not included. GENERAL CONDITIONS/GENERAL REQUIREMENTS 1. 2. We have included the following RFI’s: a. RFI 1 (response received 3/22/19) b. RFI 2 (response received 3/28/19) 3. Unless otherwise noted, we have included a one-year warranty. 4. Unless otherwise noted, we have not included any BIM modeling. 5. We have assumed that all costs to hire a 3rd party for material testing, special inspections and NPDES monitoring are to be borne by the Owner. 6. We have assumed that hazardous material testing and removal will be performed by others. 7. We have assumed commissioning of this project will not be required. 8. Utility costs for permanent services are assumed to be borne by the Owner. 9. Five-year Roof and Wall Bond is not included. General Conditions are included based on the project schedule (Schedule G) included with this Proposal. Construction activities are 12 months in duration, and the construction start date and finish date shown are predicated on the GMP / CM Agreement being executed by all parties on or before 7/8/2019 as shown on attached Schedule G project schedule. If GMP / CM Agreement is not executed by 7/8/2019, the start date and end date will be adjusted and extended day for day. In addition, Contractor will charge the CM/GC’s Construction Contingency the amount of $1,980.00/work day as compensation for special costs incurred on the project prior to the Effective Date of the CM Agreement. Charges will begin on the date the CM Agreement is signed by New South Construction, LLC. and delivered to the City (06/24/2019), and will end on the date the CM Agreement is counter-signed by City with all permits approved and notice to proceed is given by the City to New South Construction Company, LLC. Milton Public Safety Complex Schedule A Assumptions Page 6 of 7 10. Contingencies are included as follows: a. $75,000 Owner Construction Contingency. b. $295,000 CM Contingency. 11. The following bonds and insurances are included: a. Payment and performance bonds for value of GMP for a premium of $74,990. b. Builder’s risk insurance at a rate of 0.07%. c. Contractor Controlled Insurance Program at a rate of 2.3%. d. Subcontractor Default Insurance at a rate of 1.28%. 12. We have assumed that the costs for Impact Fees are provided by the Owner. 13. We have assumed that the costs for water and sewer tap and meter fees are provided by the Owner. 14. The proposal is based on the inclusion of all Accepted items on the Schedule I Value- Engineering Log. VALUE-ENGINEERING LOG CLARIFICATIONS 1. Accepted Value-engineering items and descriptions take precedence over Schedule A Assumptions. 2. Fire Station VE Item number 26.19 is not included in the GMP pricing. This item requires further clarification to provide pricing. 3. Fire Station VE Item number 26.21 is not included in the GMP pricing. This item requires further clarification to provide pricing. 4. Police & Courts VE Item number 26.18 is not included in the GMP pricing. This item requires further clarification to provide pricing. 5. Police & Courts VE Item number 26.20 is not included in the GMP pricing. This item requires further clarification to provide pricing. ALLOWANCES 1. Moisture remediation for flooring installation .................................................. $5,000 2. Missing hardware sets ............................................................................................ $3,600 a. Hardware for doors without hardware designations: PB21, P199, P140A, P147, C147, and PC140A. 3. EMS medical storage ............................................................................................. $2,000 4. Shoring ................................................................................................................... $20,000 a. Shoring at the South side of the Police and Municipal Court Building. 5. Sand filter rework ................................................................................................... $2,500 6. Building mock-ups ............................................................................................... $20,000 7. Landscaping & Irrigation, per VE Schedule I ................................................. $84,000 8. Building Signage, per VE Schedule I ................................................................ $70,000 9. Fire Station – Dayroom cabinetry and tops, per VE Schedule I .................. $37,900 Milton Public Safety Complex Schedule A Assumptions Page 7 of 7 ALTERNATES 1. Fire Station VE Item number 5.00 ...................................................................... $7,109 a. Add eight tube steel brackets at the Fire Tower 2. Fire Station VE Item number 7.01 ...................................................................... $6,644 a. Add ¼” Dens Deck cover board at low roof areas of Fire Station 3. Fire Station VE Item number 26.18 .................................................................... $5,152 a. Bi-fold doors facing Highway Nine: Each door shall have a push button linked to an outdoor electrical box in landscape which can connect to the future emergency signal device on Highway Nine, provided by Others. Alternate includes conduit, button devices and wiring to the exterior box for future connection by Others. 4. Police/Court Building VE Item number 7.01 ................................................... $7,900 a. Add ¼” Dens Deck cover board at low roof areas of Police/Courts 5. Police/Court Building VE Item number 8.02 ................................................... $4,945 a. Add double door (P150B) at the Court Room Vestibule 6. Police/Court Building VE Item number 10.01 ................................................. $3,833 a. Provide welded lockers in lieu of knockdown lockers 7. Mass / Shot Rock On Site Disposal / Includes Blast 1 CY $63.00 8. Blast Trench Rock On Site Disposal / Includes Blast 1 CY $98.00 9. Export Blast Rock (Mass / Trench) 1 CY $40.00 10. Rip Rock 1 CY $8.00 11. Blasting Minimal Occurance 1 LS $7,475.00 12. Hammer Hoe 1 CY $138.00 13. Muck / Undercutting (On Site Disposal) 1 CY $9.00 14. On Site Muck / Undercutting Replacement 1 CY $7.00 15. Export Unsuitable Material (Dry) 1 CY $29.00 16. Export Muck Material (Wet) 1 CY $40.00 17. Export Footing Spoils (Dry Material) 1 CY $23.00 18. Import & Place Suitable Fill Material 1 CY $21.00 19. 300 Lb Stabilization Fabric 1 SF $1.00 20. #57 Stone 1 TN $46.00 21. #34 Stone 1 TN $52.00 22. Baby Surge Stone 1 TN $58.00 23. Type 3 Rip Rap 1 TN $64.00 Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Fire Estimate GMP May 31, 2019 No.Description Trade Status Potential (PP)Pending (P)Accepted (A)Rejected Comments Division 5 - Metals 5.00 Remove steel corbels/brackets at fire tower A -$ -$ (6,570)$ -$ 5.01 Replace poured concrete landings and stairs with galvanized grated metal landings and stairs at the fire tower A -$ -$ (845)$ -$ 5.02 Replace all horizontal railing at fire tower with vertical pickets A -$ -$ (8,082)$ -$ Division 6 - Millwork and Carpentry 6.01 Dayroom cabinets and tops as an installed Allowance of $37,900 A -$ -$ (10,000)$ -$ 6.02 Remove all display cabinets from Scope of Work A -$ -$ (5,076)$ -$ Division 7 - Thermal and Moisture Protection 7.00 Delete 1/4" Dens Deck cover board from parapet A -$ -$ (6,065)$ -$ 7.01 Delete 1/4" Dens Deck cover board from low roof A -$ -$ (6,140)$ -$ 7.02 Delete 1/4" Dens Deck cover board from high roof A -$ -$ (3,176)$ -$ 7.03 Mechanically attached TPO in lieu of specified fully-adhered installation A -$ -$ (5,408)$ -$ 7.04 24-gauge Kynar coated steel coping in lieu of specified aluminum coping A -$ -$ (8,496)$ -$ 7.05 Provide one layer of polyisocyanurate insulation to meet R-20 requirement in lieu of specified two-layers A -$ -$ (1,557)$ -$ 7.06 Provide cedar brackets in lieu of fiberglass brackets A -$ -$ (30,486)$ -$ 7.08 Wood furring on the outside face of the rigid insulation in lieu of metal z- girts for siding attachment. Siding attachment to furring would be nailed instead of screw attachment. A -$ -$ (8,700)$ -$ Division 8 - Doors and Windows 8.00 Prefinished birch doors in lieu of prefinished walnut doors A -$ -$ (1,635)$ -$ 8.02 Revise Type A windows to eliminate the break metal center mullion, overall window width remains the same.A -$ -$ (1,000)$ -$ VE Tracker Key Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Fire Estimate GMP May 31, 2019 VE Tracker Key 8.05 Remove all mirrors from the Fitness Room A -$ -$ (2,300)$ -$ Division 9 - Finishes 9.00 Provide fiberglass batt insulation in lieu of specified mineral wool insulation in wall assemblies.A -$ -$ (3,700)$ -$ 9.02 Provide LVT in Restrooms F108 & F117 in lieu of specified tile A -$ -$ (3,525)$ -$ Division 10 - Specialties 10.00 Reduce Signage package to a total installed Allowance of $70,000 A -$ -$ (6,947)$ -$ Division 15 - Fuel Tanks 15.00 Provide alternate manufacturer, Hoover, in lieu of specified Convault tanks A -$ -$ (15,700)$ -$ Division 15 - Fire Protection 15.00 Provided pre-action fire protection system in the MDF room A -$ -$ 9,328$ -$ Division 22 - Plumbing 22.01 PVC on all below grade rainwater and sanitary waste/vent in lieu of specified cast Iron A -$ -$ (22,500)$ -$ 22.02 CPVC on above grade domestic water in lieu of specified copper A -$ -$ (15,000)$ -$ 22.03 Delete oil interceptor OI-2 and reroute plumbing. A -$ -$ (22,500)$ -$ 22.05 Allow modified/simplified detail on domestic water PRV Station A -$ -$ (2,500)$ -$ 22.06 Allow modified/simplified detail on piping at water heaters A -$ -$ (1,250)$ -$ 22.07 Allow the use of trap guards in lieu of specified pressure type trap primers A -$ -$ (1,750)$ -$ 22.08 Allow molded stone Type P-7 mop sink in lieu of specified terrazzo sink A -$ -$ (750)$ -$ 22.09 PVC pipe on in wall waste and vent piping in lieu of specified cast Iron, includes PVC waste arms A -$ -$ (1,500)$ -$ 22.10 Standard bi-level water cooler, with bottle filling station, in lieu of specified water cooler A -$ -$ (2,000)$ -$ Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Fire Estimate GMP May 31, 2019 VE Tracker Key 22.11 Allow 1" thick pipe insulation on horizontal primary rainwater piping in lieu of 2" thick specified & delete pipe insulation on the secondary rainwater piping A -$ -$ (250)$ -$ 22.12 Remove pipe Insulation on all domestic cold water piping A -$ -$ (750)$ -$ 22.13 Allow Zurn China in lieu of specified in Police and Court Building A -$ -$ (1,250)$ -$ 22.14 Use residential type water heaters in lieu of light-duty commercial, warranty is one year.A -$ -$ (250)$ -$ 22.15 Remove two added hose reels in Fire Station, total remaining hose reels is two.A -$ -$ (3,250)$ -$ Division 23 - Mechanical 23.01 Provide standard roof curbs in lieu of Alta boxes A -$ -$ (2,330)$ -$ Division 26 - Electrical and Specialty Systems 26.01 Aluminum feeders in lieu of copper feeders for panels 100A and above A -$ -$ (8,908)$ -$ 26.02 Aluminum bus for panels in lieu of copper, lowering the KA ratings for the TVSS Units, standard transformers with aluminum windings and 150'c temp rise instead of copper windings with 115'c temp rise A -$ -$ (22,212)$ -$ 26.04 Delete ERRC, install conduit and pull string for future ERRC.A -$ -$ (45,332)$ -$ 26.05 Allow an alternate lighting manufacturer in lieu of specified manufacturer A -$ -$ (3,796)$ -$ 26.06 Eliminate requirement for arc flash and selective coordination study. Warning labels to be provided on electrical equipment per NEC 110.06. Selective coordination study to be provided for life safety equipment. A -$ -$ (26,403)$ -$ 26.07 J hooks in lieu of cable tray A -$ -$ (7,481)$ -$ 26.08 Remove all USB Outlets from Bunk Rooms A -$ -$ (406)$ -$ 26.09 Deduct for two lights located at flag pole, relocate the two remaining flag pole lights to the monument sign.A -$ -$ (300)$ -$ 26.10 Reduce the amount of red lights in Bunk area to 13 A -$ -$ (840)$ -$ Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Fire Estimate GMP May 31, 2019 VE Tracker Key 26.11 Remove three G4 fixtures on the training tower. Of the remaining one two of them shall be placed on the top level connected to a photo cell, then one on each additional landing connected to a switch A -$ -$ (1,650)$ -$ 26.12 Remove four of the sixteen G4 fixtures in the apparatus bay A -$ -$ (2,200)$ -$ 26.13 Provide battery backup egress fixtures for Fire Station in lieu of connection to the emergency generator A -$ -$ 5,312$ -$ 26.14 Revise generator size to 200kw in lieu of specified and remove powering of life safety systems and associated ATS and disconnects.A -$ -$ (32,203)$ -$ 26.15 Remove all cameras and security systems A -$ -$ (7,467)$ -$ 26.16 Remove two 911 call boxes A -$ -$ (1,806)$ -$ 26.17 Change specified 18"w IDF Ladder runway and mounting hardware to 12"w, Change Specified vertical cable management from CPI #30095-703 4.4"w to Panduit molded WMPV45E 4.5"w, Change specified CPI 2 post rack to Panduit R2P, maintains same dimensions and other specifications A -$ -$ (1,668)$ -$ 26.18 Bi-fold doors facing Highway Nine: Each door shall have a push button linked to an outdoor electrical box (in landscape) which will tie to a future emergency signal device on Highway Nine (owner provided). Each vehicle driver when exiting the station will hit the signal button which will start an emergency yellow flashing light on Highway 9 to alert vehicles of inbound emergency vehicles. We need to provide conveyances, button devices and wiring out to the exterior box. P -$ -$ -$ Included as an add alternate in the Assumptions 26.19 Milton will install an Dispatch alerting system provided through Motorola. The system will activate an audible alarm in the fire station using the AV speaker systems. The Fire Chief wants the alerting system to also activate all lights in the bunk house portion of the station. This request needs to be worked out re: status of redlight system in the station. Chief will provide additional information. It appears the Motorola system will require conveyance access to the roof/weather head for satellite/antenna. TBD -$ -$ -$ -$ 26.20 Add duress alarms at Fire Admin Reception; Day room at entrance counter, Station Office and Battalion Chief Office A -$ -$ 1,674$ -$ Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Fire Estimate GMP May 31, 2019 VE Tracker Key 26.21 Reroute site/Communications routing: Primary Communications junction box at Hwy 9 ROW with conduit to MDF at Station 44; additional conduit conveyance between Station 44 MDF and Police/Court MDF; Provide alternate entrance path from ROW to wither MDF rooms as an alternate path; intent for ATT to use one path; Comcast the alternate path; TBD -$ -$ -$ -$ Total Cost of Work VM Savings $0 $0 ($359,596)$0 Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Police & Courts Estimate GMP May 31, 2019 No.Description Trade Status Potential (PP)Pending (P)Accepted (A)Rejected Comments Division 6 - Millwork and Carpentry 6.01 Remove all display cabinets from Scope of Work A -$ -$ (5,650)$ -$ 6.02 Police staff lobby to be open to structure, walls to deck, no soffit in lieu of ceiling as drawn. A -$ -$ (13,796)$ -$ 6.04 Remove wood veneer from Court Room ceiling beams, detail 4/PA1061 A -$ -$ (6,688)$ -$ Division 7 - Thermal and Moisture Protection 7.00 Delete 1/4" Dens Deck cover board from parapet A -$ -$ (7,928)$ -$ 7.01 Delete 1/4" Dens Deck cover board from low roof A -$ -$ (7,301)$ -$ 7.02 Delete 1/4" Dens Deck cover board from high roof A -$ -$ (3,210)$ -$ 7.02 Mechanically attached TPO in lieu of specified fully-adhered installation A -$ -$ (6,328)$ -$ 7.03 24-gauge Kynar coated steel coping in lieu of specified aluminum coping A -$ -$ (6,091)$ -$ 7.04 Provide one layer of polyisocyanurate insulation to meet R-20 requirement in lieu of specified two-layers A -$ -$ (1,752)$ -$ 7.05 Provide cedar brackets in lieu of fiberglass brackets A -$ -$ (14,033)$ -$ 7.07 Wood furring on the outside face of the rigid insulation in lieu of metal Z- girts for siding attachment. Siding attachment to furring would be nailed instead of screw attachment. A -$ -$ (8,700)$ -$ Division 8 - Doors and Windows 8.00 Revise Type C windows to eliminate the break metal center mullion, overall window width remains the same.A -$ -$ (1,000)$ -$ 8.01 Prefinished birch Doors in lieu of prefinished walnut doors A -$ -$ (1,635)$ -$ 8.02 Remove one double door, P150B, at the Court Room Vestibule A -$ -$ (4,570)$ -$ 8.03 Reduce size of police tech window to match court window, remove associated millwork A -$ -$ (808)$ -$ Division 9 - Finishes 9.00 Provide fiberglass batt insulation in lieu of specified mineral wool insulation in wall assemblies.A -$ -$ (8,700)$ -$ VE Tracker Key Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Police & Courts Estimate GMP May 31, 2019 VE Tracker Key 9.01 Replace flooring CR-2 in the Police Staff Lobby with LVT A -$ -$ (7,860)$ -$ Division 10 - Specialties 10.00 Reduce Signage package to a total installed Allowance of $70,000 A -$ -$ (16,947)$ -$ 10.01 Provide knockdown lockers in lieu of specified fully welded lockers in the Men's and Women's locker room.A -$ -$ (3,542)$ -$ Division 21 - Fire Protection 21.00 Provide pre-action fire protection system in lieu of the FM200 system in the MDF room.A -$ -$ (5,672)$ -$ Division 22 - Plumbing 22.01 PVC on all below grade rainwater and sanitary waste/vent in lieu of specified cast Iron A -$ -$ (15,000)$ -$ 22.02 CPVC on above grade domestic water in lieu of specified copper A -$ -$ (12,500)$ -$ 22.03 Allow an alternate oil interceptor manufacturer (STRIEM #0S-75-SS) with 75 gpm flow in lieu of specified Highland A -$ -$ (6,500)$ -$ 22.04 Allow modified/simplified detail on domestic water PRV Station A -$ -$ (2,500)$ -$ 22.05 Allow modified/simplified detail on piping at water heaters A -$ -$ (1,250)$ -$ 22.06 Allow the use of trap guards in lieu of specified pressure type trap primers A -$ -$ (1,250)$ -$ 22.07 Allow the use of Non-ASME (Light duty Commercial) Water Heater for WH- 1-2 in lieu of ASME type specified A -$ -$ (2,500)$ -$ 22.08 Allow molded stone Type P-7 mop sink in lieu of specified terrazzo sink A -$ -$ (1,250)$ -$ 22.10 PVC pipe on in wall waste and vent piping in lieu of specified cast Iron, includes PVC waste arms A -$ -$ (1,500)$ -$ 22.11 Floor-mounted water closets on P-1 and P-1A in lieu of specified wall- mounted water closets A -$ -$ (2,500)$ -$ 22.12 Provide floor-mounted chair carriers on P-3 urinals in lieu of specified carrier A -$ -$ (500)$ -$ Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Police & Courts Estimate GMP May 31, 2019 VE Tracker Key 22.13 Standard bi-level water cooler, with bottle filling station, in lieu of specified water cooler A -$ -$ (6,000)$ -$ 22.14 Use residential type water heaters in lieu of light-duty commercial, warranty is one year.A -$ -$ (2,250)$ -$ 22.15 Allow Zurn China in lieu of specified in Police and Court Building A -$ -$ (1,750)$ -$ 22.16 Allow 1" thick pipe insulation on horizontal primary rainwater piping in lieu of 2" thick specified & delete pipe insulation on the secondary rainwater piping A -$ -$ (500)$ -$ 22.17 Remove pipe Insulation on all domestic cold water piping A -$ -$ (500)$ -$ 22.18 Remove mop sink in Sally Port A -$ -$ (2,500)$ -$ Division 23 - Mechanical 23.01 Provide standard roof curbs in lieu of Alta boxes A -$ -$ (932)$ -$ 23.02 Relocate Thermostat in Courtroom to sidewall between Clerk ramp and door/pair to Police Lobby A -$ -$ -$ -$ Division 26 - Electrical and Specialty Systems 26.01 Aluminum feeders in lieu of copper feeders for panels 100A and above A -$ -$ (4,192)$ -$ 26.02 Aluminum bus for panels instead of copper, lowering the KA ratings for the TVSS Units, standard transformers with aluminum windings and 150'c temp rise instead of copper windings with 115'c temp rise A -$ -$ (43,423)$ -$ 26.03 Delete ERRC on main level, install conduit and pull string for future ERRC on main level.A -$ -$ (5,987)$ -$ 26.04 Delete ERRC in Basement, install conduit and pull string for future ERRC in Basement A -$ -$ (37,280)$ -$ 26.05 Allow an alternate lighting manufacturer in lieu of specified manufacturer A -$ -$ (9,375)$ -$ 26.06 Eliminate requirement for arc flash and selective coordination study. Warning labels to be provided on electrical equipment per NEC 110.06. Selective coordination study to be provided for life safety equipment. A -$ -$ (4,632)$ -$ 26.07 J-hooks in lieu of cable tray in the basement A -$ (1,775)$ -$ Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Police & Courts Estimate GMP May 31, 2019 VE Tracker Key 26.08 Remove light fixtures in the low ceiling of the court lobby (4 of A-1 and 8 P- P5), add one additional high bay fixture (P-1).A -$ -$ (1,050)$ -$ 26.09 Remove two of the six OA fixtures on the court patio A -$ -$ (200)$ -$ 26.10 Training EOC Room, reduce the number of S-2B fixtures to four from ten, fixtures shall be switch operated. Add eight S-2 fixtures to be switch operated. S-2B fixtures can be fluorescent fixtures. A -$ -$ (4,400)$ -$ 26.11 Reduce the number of P-1 fixtures to nine from the twelve shown in the Uniform Upper Room A -$ -$ (900)$ -$ 26.12 Remove two of the five OA fixtures from the staff patio.A -$ -$ (200)$ -$ 26.13 Switch SSD conference room from five P-2 fixtures to four S-2 fixtures.A -$ -$ (960)$ -$ 26.14 Change fixture in mothers room to a lay in fixture in lieu of the A-1 fixtures as specified A -$ -$ (70)$ -$ 26.15 Provide battery backup egress fixtures for Fire Station in lieu of connection to the emergency generator A -$ -$ 4,150$ -$ 26.16 Revise generator to remove life safety systems form emergency power and remove associated ATS and disconnects.A -$ -$ (8,190)$ -$ 26.17 Change specified 18"w IDF Ladder runway and mounting hardware to 12"w, Change Specified vertical cable management from CPI #30095-703 4.4"w to Panduit molded WMPV45E 4.5"w, Change specified CPI 2 post rack to Panduit R2P, maintains same dimensions and other specifications A -$ -$ (3,738)$ -$ 26.18 Review number of cable drops per workstation; NTI to review drawings and make recommendations to reduce costs TBD -$ -$ -$ -$ 26.19 Provide card readers at the following locations Evidence, Large Evidence Storage, EOC, Sallyport; Sallyport Vestibule A -$ -$ 5,620$ -$ 26.20 Wireless hub mounted on exterior wall which is used by officers to download body cam data from their parked vehicle; Mount on exterior wall adjacent to staff entrance (under canopy, approx. 8’-0” AFF just opposite the IDF room on that level TBD -$ -$ -$ -$ Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Police & Courts Estimate GMP May 31, 2019 VE Tracker Key 26.21 Install duress alarms at Judge/Clerk locations; not yet determined if the panic signal is located or whether direct to dispatch A -$ -$ 493$ -$ Total Cost of Work VM Savings $0 $0 ($310,002)$0 Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Site Estimate GMP May 31, 2019 No.Description Trade Status Potential (PP)Pending (P)Accepted (A)Rejected Comments Division 2 - Civil and Site Improvements 2.01 Landscaping and Irrigation to be included at an Allowance of $84,000. Allowance includes soil amendments, mulch and misc. items required as part of the landscaping and irrigation package. It is however exclusive of trees which are to be funded from a separate treebank fund, see item 2.02. A -$ -$ (11,337)$ -$ 2.02 Remove trees from landscaping price, purchase through tree bank. (No warranty if trees provided by Owner)A -$ -$ (36,930)$ -$ 2.03 Delete stone bedding at storm drainage A -$ -$ (6,922)$ -$ 2.04 Remove fencing along rear of property A -$ -$ (10,500)$ -$ 2.05 Replace double dumpster enclosure with a single dumpster enclosure P -$ (3,854)$ -$ -$ Height of enclosure remains the same. Total Cost of Work VM Savings $0 ($3,854)($65,689)$0 VE Tracker Key Schedule A Potential (PP)Potential VE item is currently a placeholder or target value and is awaiting QTO and Pricing Evaluation. Pending (P)Potential VE item currently Pending acceptance. Default Status Accepted (A)Accepted and included in the GMP Value Management Tracker Rejected Rejected VE item. Project Milton Public Safety Complex - Revised Scope Requests Estimate GMP May 31, 2019 No.Description Trade Status Potential (PP)Pending (P)Accepted (A)Rejected Comments Division 2 - Civil and Site Improvements 2.00 Grading and utility related costs from LDP review comments, includes revisions to the erosion control, storm detention, cleanouts and an added gate valve. A -$ -$ 17,498$ -$ Does not include cost for four-rail fence along street Division 5 - Metals 5.00 Provide steel gate with vertical pickets at the top landing of the in Fire Training Tower A -$ -$ 1,350$ -$ 5.02 Provide 15 punched holes in beams for fire protection coordination in the Police/Court Building basement. Assumes no reinforcement of beams is required. A -$ -$ 2,232$ -$ 6.01 Redesign kitchen island to provide microwave shelf and a cut out for trash in Fire Station Day Room A -$ -$ 1,108$ -$ 6.02 Omit decorative wood wall treatment, vertical slats, at Police/Court Building Copy area as indicated on detail 3/PA1080.A -$ -$ (1,838)$ -$ Division 7 - Thermal and Moisture Protection 7.00 Replace tile on kitchen island with board and batten siding in the Fire Station Day Room. Refer to CC-F-5 sketch for location.A -$ -$ (70)$ -$ 7.01 Add patio screen wall at the Fire Station Day Room Porch. Refer to CC-F-1 - CC-F-4 sketches for location.A -$ -$ 1,118$ -$ Division 8 - Doors and Windows 8.01 Provide privacy film at Exercise windows and doors in Fire Station A -$ -$ 1,302$ -$ Division 9 - Finishes 9.00 Paint brick at Police Court Building Façade. Refer to marked up drawing NSC-1 for location.A -$ -$ 1,500$ -$ 9.01 Provided one-hour rated wall around living quarters in Fire Station A -$ -$ -$ -$ 9.02 Provide seamless epoxy flooring in Bunk Restrooms and Decon Room in Fire Station in lieu of LVT A -$ -$ 2,967$ -$ 9.05 Revise Fire Admin Lobby and Admin Reception ceiling to GWB with stained wood battens A -$ -$ (16,256)$ -$ VE Tracker Key Schedule A 9.06 Revise Police/Court Building Staff Restroom/Vestibule ceiling from GWB to ACT: keep GWB soffit over lavatories in rooms P123, P124, P126 & P127 A -$ -$ 224$ -$ 9.07 Revise Police/Court Building Mothers Room, PB18, ceiling from GWB to ACT A -$ -$ 100$ -$ 9.08 Revise Police/Court Building Copy area ceiling, P108 & P115, from GWB to ACT A -$ -$ 39$ -$ 9.09 Remove Police/Court Lobby cloud ceiling, reference sheet PA1060 A -$ -$ (2,422)$ -$ Division 10 - Specialties 10.00 Omit three shower caddy/soap dispensers at Bunk Rooms. NSC assumes these are item TA-17 A -$ -$ (215)$ -$ Division 11 - Equipment 11.00 The following equipment to be provided by the City: washing machine, dryer, microwave, ice machine ICE-2 at the Fire Station A -$ -$ (5,539)$ -$ 11.01 Added gun locker in court room per revised equipment plan issued 5.9.19 A -$ -$ 2,314$ -$ Division 12 - Casework and Furnishings 12.00 Provide manual shades in the Court in lieu of the specified motorized shades and provide 2" faux wood blinds in lieu of specified 1" blinds.A -$ -$ (263)$ -$ Division 15 - Plumbing 15.06 Provide a floor sink and piping in Breakroom 113 A -$ -$ 1,250$ -$ 15.07 All showers are included as prefabricated plumbing fixtures. ADA showers are included in the following locations one at Fire bunk rooms, one at Fire decontamination and one each in the Men's and Women's locker rooms in Police. Shower seats and grab bars are included at ADA units only. We have included wall tile at the wing wall returns. A -$ -$ 12,865$ -$ Division 15 - Mechanical 15.12 Increase Safeair to 6 vehicle exhaust system in the Fire Station App Bay A -$ -$ 4,280$ -$ Division 16 - Electrical and Specialty Systems 16.00 Provide the site conduit required by Sawnee EMC per sheet C300 dated Aug 6, 2018 labeled Exhibit A A -$ -$ 6,100$ -$ 16.01 Provide two new exit lights at police basement stair A -$ -$ 155$ -$ 16.02 Add duress alarms at court (3), Court Tech (1), Police Tech (1) and Court Security (1) and add one 911 call box at police main entrance A -$ -$ 5,274$ -$ Total Cost of Work VM Savings $0 $0 $35,073 $0 Page is too large to OCR. CC-F-1 Schedule A CC-F-2 Schedule A CC-F-3 Schedule A CC-F-4 Schedule A NSC-1Schedule A SCHEDULE B GMP COST SUMMARY Schedule B Description Fire Tower Police & Courts Site GMP with VE incorporated 02 : Sitework $1,297,097 $1,297,097 02: Asphalt & Concrete Paving $371,025 $371,025 02: Curb and Gutter $64,238 $64,238 02: Fences & Gates $0 $0 02: Hardscapes $150,000 $150,000 02: Landscape $84,000 $84,000 02: Striping $7,645 $7,645 03 : Concrete $288,035 $31,084 $565,678 $884,797 04: Masonry $260,569 $164,930 $12,449 $437,948 05 : Structural Steel $271,011 $109,630 $484,070 $8,006 $872,717 06: Heavy Timber Construction $120,620 $123,345 $243,965 06: Millwork $131,699 $216,914 $348,613 07: Joint Sealants $55,837 $84,568 $8,300 $148,705 07: Roofing $196,354 $7,500 $194,551 $398,405 07: Siding $90,673 $148,978 $239,651 08: Glass & Glazing $131,502 $145,700 $277,202 08A: Doors, Frames & Hardware $70,609 $106,129 $176,738 08B: Doors, Frames & Hardware Installation $10,750 $14,500 $25,250 08D: Overhead Doors $214,618 $22,514 $237,132 09: Drywall $252,420 $408,643 $661,063 09A: Flooring $46,330 $77,495 $123,825 09B: Tile $12,920 $26,080 $39,000 09C: Painting $80,309 $7,600 $75,436 $163,345 09D: Floor Coatings $27,336 $2,191 $29,527 10A: Specialties $18,210 $46,485 $64,695 10B: Fireplaces $6,068 $6,068 10C: Metal Lockers $11,083 $11,083 10D: Flagpoles $4,992 $4,992 10E: Signage $25,053 $44,947 $70,000 11A: Appliances $6,710 $9,041 $15,751 11B: Equipment $9,814 $42,500 $52,314 12A: Window Coverings $3,227 $3,713 $6,940 14: Elevators $89,469 $89,469 15: Fuel Systems Piping $83,330 $83,330 21: Fire Protection $67,685 $1,500 $91,584 $160,769 22 : Plumbing $268,000 $257,750 $525,750 23 : Mechanical $368,950 $283,358 $652,308 26 : Electrical $687,910 $17,465 $669,832 $1,375,207 27: V-D/Security/A-V $58,861 $242,726 $301,587 Subtotal $3,782,080 $174,779 $4,737,540 $2,007,752 $10,702,151 General Conditions $607,100 General Requirements $250,145 Preconstruction $50,000 P&P Bond $74,990 Builder's Risk Insurance $9,100 SDI $137,515 CCIP $299,000 Owner Contingency $75,000 CM Contingency $295,000 Fee $500,000 Total $13,000,000 Milton Public Safety Complex GMP Breakdown June 24, 2019 SCHEDULE C See Schedule A for exclusions. SCHEDULE D CONSTRUCTION DOCUMENTS LIST Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 NUMBER DESCRIPTION 011000 Summary 3/4/19 012300 Alternates 3/4/19 012600 Contract Modification Procedures 3/4/19 012613 Request for Information Procedures 3/4/19 012900 Payment Procedures 3/4/19 012978 Interim Contractor's Affidavit and Waiver of Liens 3/4/19 012979 Final Contractor's Affidavit and Waiver of Liens 3/4/19 013113 Project Coordination 3/4/19 013119 Project Meetings 3/4/19 013200 Construction Progress Documentation 3/4/19 013300 Submittal Procedures 3/4/19 014200 References 3/4/19 014500 Quality Control 3/4/19 014523 Inspecting and Testing Services 3/4/19 014533 Structural Testing and Special Inspection Services 3/4/19 015000 Temporary Facilities and Controls 3/4/19 015713 Temporary Erosion Control 3/4/19 015800 Temporary Project Identification 3/4/19 016000 Product Requirements 3/4/19 017123 Field Engineering 3/4/19 017329 Cutting and Patching 3/4/19 017419 Construction Waste Management and Disposal 3/4/19 017700 Closeout Procedure 3/4/19 033000 Cast-In-Place Concrete 3/4/19 033543 Polished Concrete Finishing 3/4/19 051200 Structural Steel Framing 3/4/19 052100 Steel Joist Framing 3/4/19 053100 Steel Decking 3/4/19 054000 Cold-Formed Metal Framing 3/4/19 055000 Metal Fabrications 3/4/19 055100 Metal Stairs 3/4/19 055213 Pipe and Tube Railings 3/4/19 061053 Miscellaneous Rough Carpentry 3/4/19 061323 Heavy Timber Construction 3/4/19 061500 Wood Decking 3/4/19 061600 Sheathing 3/4/19 062013 Exterior Finish Carpentry 3/4/19 062023 Interior Finish Carpentry 3/4/19 064113 Wood-Veneer-Faced Architectural Cabinets 3/4/19 064116 Plastic-Laminate-Faced Architectural Cabinets 3/4/19 064216 Flush Wood Paneling 3/4/19 064400 Ornamental Woodwork 3/4/19 066116 Solid Surfacing Fabrications 3/4/19 066400 Plastic Paneling 3/4/19 066500 Fiberglass Fabrications 3/4/19 071326 Self-Adhering Sheet Waterproofing 3/4/19 071616 Crystalline Waterproofing 3/4/19 072100 Thermal Insulation 3/4/19 072600 Vapor Retarders 3/4/19 072726 Fluid-Applied Membrane Air Barriers 3/4/19ISSUED FOR LDPMilton Public Safety Complex ISSUED FOR 50% SDSPECIFICATIONS ISSUED FOR GMPLDP REVISION 1Schedule D - Drawing Log Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 074113.16 Standing-Seam Metal Roof Panels 3/4/19 074213.53 Metal Soffit Panels 3/4/19 074646 Mineral Fiber Cement Siding 3/4/19 075423 Thermoplastic Polyolefin (TPO) Roofing 3/4/19 076200 Sheet Metal Flashing and Trim 3/4/19 077200 Roof Accessories 3/4/19 078413 Penetration Firestopping 3/4/19 078446 Fire-Resistive Joint Systems 3/4/19 079200 Joint Sealants 3/4/19 081113 Hollow Metal Doors and Frames 3/4/19 081213 Hollow Metal Frames 3/4/19 081216 Aluminum Frames 3/4/19 081416 Flush Wood Doors 3/4/19 083113 Access Doors and Frames 3/4/19 083323 Overhead Coiling Doors 3/4/19 083513 Folding Doors 3/4/19 083800 Traffic Doors 3/4/19 084113 Aluminum-Framed Entrances and Storefronts 3/4/19 084226 All-Glass Entrances 3/4/19 084413 Glazed Aluminum Curtain Walls 3/4/19 087100 Door Hardware 3/4/19 088000 Glazing 3/4/19 088300 Mirrors 3/4/19 089000 Louvers and Vents 3/4/19 092116.23 Gypsum Board Shaft Wall Assemblies 3/4/19 092216 Non-Structural Metal Framing 3/4/19 092400 Portland Cement Plastering 3/4/19 092900 Gypsum Board 3/4/19 093000 Tiling 3/4/19 095113 Acoustical Panel Ceilings 3/4/19 096513 Resilient Base and Accessories 3/4/19 096519 Resilient Tile Flooring 3/4/19 096536 Static-Control Resilient Flooring 3/4/19 096543 Linoleum Flooring 3/4/19 096813 Tile Carpeting 3/4/19 097200 Wall Coverings 3/4/19 097713 Stretched-Fabric Wall Systems 3/4/19 098433 Sound-Absorbing Wall Units 3/4/19 099113 Exterior Painting 3/4/19 099123 Interior Painting 3/4/19 099653 Elastomeric Coatings 3/4/19 101200 Display Cases 3/4/19 102113.16 Plastic-Laminate-Clad Toilet Compartments 3/4/19 102116 Showers 3/4/19 102600 Wall and Door Protection 3/4/19 102800 Toilet Accessories 3/4/19 103100 Manufactured Fireplaces 3/4/19 104116 Emergency Key Cabinets 3/4/19 104313 Defibrillators and Cabinets 3/4/19 104413 Fire Extinguisher Cabinets 3/4/19 104416 Fire Extinguishers 3/4/19 105113 Metal Lockers 3/4/19 105119 Evidence Lockers 3/4/19 105613 Metal Storage Shelving 3/4/19 105626 Mobile Storage Shelving 3/4/19 105629 Weapon Storage 3/4/19 107113 Exterior Sun Control Devices 3/4/19 107500 Flagpoles 3/4/19 111916 Detention Gun Lockers 3/4/19 113100 Residential Appliances 3/4/19 Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 115315 Fuming Chambers 3/4/19 122113 Horizontal Louver Blinds 3/4/19 122413 Roller Window Shades 3/4/19 123530 Residential Casework 3/4/19 123616 Metal Countertops 3/4/19 123661 Simulated Stone Countertops 3/4/19 1422123.16 Machine-Room-Less Electric Traction Passenger Elevators 3/4/19 210100 General Fire Protection Requirements 3/4/19 210529 Hangers & Supports for Fire Suppression Piping & Equipment 3/4/19 211100 Fire Protection Systems 3/4/19 220100 General Plumbing Requirements 3/4/19 220529 Hangers & Supports for Plumbing Piping & Equipment 3/4/19 220553 Identification for Piping and Equipment 3/4/19 220700 Plumbing Insulation 3/4/19 221000 Plumbing Piping 3/4/19 221123 Plumbing Pumps 3/4/19 223300 Electric Domestic Water Heaters and Accessories 3/4/19 224000 Plumbing Fixtures 3/4/19 230100 General Mechanical Requirements 3/4/19 230529 Hangers & Supports for HVAC Piping & Equipment 3/4/19 230548 Vibration Isolation 3/4/19 230553 HVAC Equipment and Piping Identification 3/4/19 230593 Testing, Adjusting, and Balancing 3/4/19 230700 HVAC Insulation 3/4/19 231000 Facility Fuel Systems 3/4/19 232114 Valves 3/4/19 232300 Refrigerant Piping 3/4/19 232316 Refrigerant Specialties 3/4/19 233000 Ductwork 3/4/19 233300 Ductwork Accessories 3/4/19 233400 Fans and Hoods 3/4/19 233516 Engine Exhaust Systems 3/4/19 233700 Registers, Grilles, and Diffusers 3/4/19 233813 Commercial Range Hood System 3/4/19 237400 Packaged DX Constant Volume Rooftop Units 3/4/19 238126 Air Cooled Split System Air Conditioning Units 3/4/19 238127 Ductless Air Cooled Split System Air Conditioning Units 3/4/19 238200 Electric Heaters 3/4/19 260100 General Electrical Requirements 3/4/19 260500 Raceways and Wiring – 600 Volt 3/4/19 260526 Grounding System 3/4/19 260548 Vibration and Seismic Controls 3/4/19 260550 Electrical Identification 3/4/19 260813 Testing 3/4/19 262400 Service and Distribution – 600 Volt 3/4/19 262700 Devices 3/4/19 262900 Motor Controls and Wiring 3/4/19 263210 Emergency Standby Generator – (Natural Gas) 3/4/19 264304 Surge Protective Device 3/4/19 265000 Lighting 3/4/19 283100 Life Safety System 3/4/19 310001 Site Preparation and General Site Work 3/4/19 310002 Site Demolition 3/4/19 311000 Site Clearing 3/4/19 312200 Earthwork 3/4/19 312500 Erosion & Sedimentation Controls 3/4/19 313116 Termite Control 3/4/19 320115 Flexible and Rigid Paving Repair 3/4/19 320500 Common Works for Exterior Improvements 3/4/19 321200 Flexible Paving 3/4/19 Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 321301 Rigid Paving and Site Concrete 3/4/19 323300 Site Furnishings 3/4/19 328400 Underground Irrigation System 3/4/19 329000 Planting 3/4/19 329200 Turf & Grasses 3/4/19 331100 Water utility Distribution Piping 3/4/19 333000 Sanitary Utility Sewerage 3/4/19 334000 Storm Drainage Utilities 3/4/19 C000 COVER SHEET 8/29/18 2/5/19 3/4/19 C050 TOPOGRAPHIC & BOUNDARY SURVEY 8/29/18 2/5/19 3/4/19 C150 DEMOLITION PLAN 8/29/18 2/5/19 3/4/19 C200 LAYOUT & PAVING PLAN 8/29/18 2/5/19 3/4/19 C300 GRADING PLAN 8/29/18 2/5/19 3/4/19 C310 STORM DRAINAGE PLAN 8/29/18 2/5/19 3/4/19 C320 STORM ENLARGEMENTS 8/29/18 2/5/19 3/4/19 C330 STORM PIPE PROFILES 8/29/18 2/5/19 3/4/19 C400 NPDES NOTES 8/29/18 2/5/19 3/4/19 C405 NPDES NOTES 8/29/18 2/5/19 3/4/19 C410 ES&PC PLAN INITIAL PHASE 8/29/18 2/5/19 3/4/19 C420 ES&PC PLAN INTERMEDIATE PHASE "A"8/29/18 2/5/19 3/4/19 C430 ES&PC PLAN INTERMEDIATE PHASE "B" 8/29/18 2/5/19 3/4/19 C440 ES&PC PLAN FINAL PHASE 8/29/18 2/5/19 3/4/19 C450 ES&PC DETAILS & CALCULATIONS 8/29/18 2/5/19 3/4/19 C500 UTILITY PLAN 8/29/18 2/5/19 3/4/19 C510 SANITARY LATERAL PROFILES 9/29/19 2/5/19 3/4/19 C600 TREE PROTECTION & PLANTING PLAN 8/29/18 2/5/19 3/4/19 C610 PLANTING NOTES & DETAILS 8/29/18 2/5/19 3/4/19 C700 SITE WORK CONSTRUCTION DETAILS 8/29/18 2/5/19 3/4/19 C701 SITE WORK CONSTRUCTION DETAILS 8/29/18 2/5/19 3/4/19 C702 SITE WORK CONSTRUCTION DETAILS 8/29/18 2/5/19 3/4/19 C703 SITE WORK CONSTRUCTION DETAILS 8/29/18 2/5/19 3/4/19 C704 SITE WORK CONSTRUCTION DETAILS 8/29/18 2/5/19 3/4/19 IR100 IRRIGATION PLAN 8/29/18 2/5/19 3/4/19 IR200 IRRIGATION DETAILS 8/29/18 2/5/19 3/4/19 PH100 PHOTOMETRIC PLAN SHEET 1 OF 2 8/29/18 2/5/19 3/4/19 PH200 PHOTOMETRIC PLAN SHEET 2 OF 2 8/29/18 2/5/19 3/4/19 GDOT000 GDOT COVER SHEET (FOR REFERENCE ONLY)3/4/19 GDOT050 GDOT BOUNDARY SURVEY (FOR REFERENCE ONLY)3/4/19 GDOT100 GDOT OVERALL SITE PLAN (FOR REFERENCE ONLY)3/4/19 GDOT150 GDOT DRIVEWAY DEMOLITION PLAN (FOR REFERENCE 3/4/19 GDOT200 GDOT DRIVEWAY SITE PLAN (FOR REFERENCE ONLY)3/4/19 GDOT300 GDOT DRIVEWAY GRADING & DRAINAGE (FOR 3/4/19 GDOT400 GDOT DRIVEWAY EROSION CONTROL PLAN (FOR 3/4/19 GDOT500 GDOT DRIVEWAY UTILITY PLAN (FOR REFERENCE ONLY)3/4/19 GDOT600 GDOT DETAILS (FOR REFERENCE ONLY)3/4/19 PG000 COVER SHEET 8/29/18 3/4/19 PG001 DRAWING INDEX 8/29/18 3/4/19 PG002 GENERAL INFO.8/29/18 3/4/19 PG101 LIFE SAFETY PLAN-LEVEL B 3/4/19 PG102 LIFE SAFETY PLAN-LEVEL 1 3/4/19 PG111 UL ASSEMBLIES 3/4/19 PA100 ARCHITECTUAL SITE PLAN 8/29/18 3/4/19 PA101 ENLARGED ARCHITECTUAL SITE PLAN 3/4/19 PA200 FLOOR PLAN - LEVEL B 8/29/18 3/4/19 PA201 FLOOR PLAN - LEVEL 1 8/29/18 3/4/19 PA202 ROOF PLAN 8/29/18 3/4/19 PA210 REFLECTED CEILING PLAN - LEVEL B 8/29/18 3/4/19 DRAWINGS: POLICE AND MUNICIPAL COURT BUILDINGS DRAWINGS: CIVIL SITEWORK CONSTRUCTION DRAWINGS DRAWINGS: GDOT DRIVEWAY PLANS (FOR REFERENCE ONLY) 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 4/15/19 Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 PA211 REFLECTED CEILING PLAN - LEVEL 1 POLICE 8/29/18 3/4/19 PA212 REFLECTED CEILING PLAN - LEVEL 1 COURT 3/4/19 PA220 EDGE OF SLAB PLAN LEVEL B 3/4/19 PA221 EDGE OF SLAB PLAN LEVEL 1 3/4/19 PA230 EQUIPMENT PLAN - LEVEL BASEMENT 3/4/19 PA231 EQUIPMENT PLAN - LEVEL 1 3/4/19 PA300 ENLARGED PARTITION PLAN - BASEMENT 3/4/19 PA301 ENLARGED PARTITION PLAN - COURT 3/4/19 PA302 ENLARGED PARTITION PLAN - POLICE 3/4/19 PA310 FINISH PLAN LEVEL B 3/4/19 PA311 FINISH PLAN - LEVEL 1 COURT 3/4/19 PA312 FINISH PLAN - LEVEL 1 POLICE 3/4/19 PA320 FURNITURE PLAN - LEVEL B 3/4/19 PA321 FURNITURE PLAN - LEVEL 1 COURT 3/4/19 PA322 FURNITURE PLAN - LEVEL 1 POLICE 3/4/19 PA400 BUILDING ELEVATIONS 8/29/18 3/4/19 PA401 BUILDING ELEVATIONS 8/29/18 3/4/19 PA410 ENLARGED ELEVATIONS - BRICK 3/4/19 PA411 ENLARGED ELEVATIONS - SIDING 3/4/19 PA412 ELEVATIONS DETAILS AND EXTERIOR MATERIAL FINISH 3/4/19 PA500 BUILDING SECTIONS 8/29/18 3/4/19 PA510 WALL SECTIONS 3/4/19 PA511 WALL SECTIONS 3/4/19 PA512 WALL SECTIONS 3/4/19 PA513 WALL SECTIONS 3/4/19 PA514 WALL SECTIONS 3/4/19 PA600 PLAN DETAILS 3/4/19 PA610 SECTION DETAILS 3/4/19 PA611 SECTION DETAILS 3/4/19 PA630 ROOF DETAILS 3/4/19 PA640 CANOPY PLANS AND DETAILS 3/4/19 PA641 CANOPY PLANS AND DETAILS 3/4/19 PA700 STAIR DETAILS 3/4/19 PA701 STAIR DETAILS 3/4/19 PA702 RAMP DETAILS 3/4/19 PA800 ELEVATOR DETAILS 3/4/19 PA900 INTERIOR PARTITIONS CRITERIA & DETAILS 3/4/19 PA901 INTERIOR PARTITIONS 3/4/19 PA902 INTERIOR PARTITIONS (CMU)3/4/19 PA910 DOOR SCHEDULE AND TYPES 3/4/19 PA911 EXTERIOR WINDOW AND CURTAIN WALL TYPES 3/4/19 PA920 DOOR DETAILS (STEEL STUD PARTITIONS)3/4/19 PA922 DOOR DETAILS (CMU PARTITIONS)3/4/19 PA930 PLUMBING STANDARDS & MISCELLANEOUS 3/4/19 PA1000 INTERIOR SCHEDULES 3/4/19 PA1050 INTERIOR ELEVATIONS - POLICE LOBBY AND TECH 3/4/19 PA1051 INTERIOR VIEWS - POLICE LOBBBY 3/4/19 PA1052 INTERIOR ELEVATION - POLICE SSD OFFICES 3/4/19 PA1053 INTERIOR ELEVATIONS - POLICE UNIFORM PATROL 3/4/19 PA1054 INTERIOR ELEVATIONS - POLICE ROLL CALL 3/4/19 PA1055 INTERIOR ELEVATIONS - POLICE CID OFFICES 3/4/19 PA1056 INTERIOR ELEVATIONS - BASEMENT 3/4/19 PA1057 POLICE RESTROOMS - PLANS & ELEVATIONS 3/4/19 PA1058 BASEMENT FEMALE RESTROOMS - PLANS & ELEVATIONS 3/4/19 PA1059 BASEMENT MALE RESTROOMS - PLANS & ELEVATIONS 3/4/19 PA1060 INTERIOR ELEVATIONS - COURT LOBBY 3/4/19 PA1061 INTERIOR ELEVATIONS - COURTROOM 3/4/19 PA1062 INTERIOR VIEWS - COURTTOOM 3/4/19 PA1063 INTERIOR ELEVATIONS - COURT PERSONNEL 3/4/19 PA1064 COURT RESTROOMS - PLANS & ELEVATION 3/4/19 Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 PA1065 SALLYPORT - PLAN & ELEVATION 3/4/19 PA1070 MILLWORK DETAILS 3/4/19 PA1071 MILLWORK DETAILS - COURTROOM 3/4/19 PA1072 MILLWORK DETAILS - POLICE LOBBY 3/4/19 PA1080 INTERIOR DETAILS 3/4/19 PA313 ENLARGED FINISH PLAN - COURT'S CARPET FLOOR 3/4/19 PA904 INTERIOR PARTITIONS WOOD 3/4/19 PS001 GENERAL NOTES 3/4/19 PS002 GENERAL NOTES 3/4/19 PS101 TYPICAL SECTIONS AND DETAILS 3/4/19 PS102 TYPICAL SECTIONS AND DETAILS 3/4/19 PS103 TYPICAL SECTIONS AND DETAILS 3/4/19 PS104 TYPICAL SECTIONS AND DETAILS 3/4/19 PS105 TYPICAL SECTIONS AND DETAILS 3/4/19 PS201 FOUNDATION PLAN 3/4/19 PS202 LEVEL 1 DOUNDATION AND FRAMING PLAN 3/4/19 PS203 LOW ROOF FRAMING PLAN 3/4/19 PS204 HIGH ROOF FRAMING PLAN 3/4/19 PS301 FOUNDATION SECTIONS AND DETAILS 3/4/19 PS302 FOUNDATION SECTIONS AND DETAILS 3/4/19 PS303 FOUNDATION SECTIONS AND DETAILS 3/4/19 PS401 COLUMN SCHEDULE 3/4/19 PS402 BRACED FRAME SECTIONS AND DETAIL 3/4/19 PS403 BRACED FRAME ELEVATIONS 3/4/19 PS501 SECTIONS AND DETAILS 3/4/19 PS502 SECTIONS AND DETAILS 3/4/19 PS503 SECTIONS AND DETAILS 3/4/19 PS601 CANOPY FRAMING DETAILS 3/4/19 PM001 LEGEND AND ABBREVIATIONS - HVAC 3/4/19 PM002 SCHEDULES - HVAC 3/4/19 PM003 DETAILS - HVAC 3/4/19 PM004 DETAILS - HVAC 3/4/19 PM005 DETAILS - HVAC 3/4/19 PM006 COMCHECK - HVAC 3/4/19 PM100 FLOOR PLAN - BASEMENT - HVAC 3/4/19 PM101 FLOOR PLAN - LEVEL 1 - HVAC 3/4/19 PM102 FLOOR PLAN - ROOF - HVAC 3/4/19 PP001 GENERAL NOTES, LEGENDS, AND ABBREVIATIONS- 3/4/19 PP002 SCHEDULES - PLUMBING 3/4/19 PP003 DETAILS - PLUMBING & FIRE PROTECTION 3/4/19 PP004 DETAILS - PLUMBING 3/4/19 PP100 FLOOR PLAN - BASEMENT - DOMESTIC WATER 3/4/19 PP101 FLOOR PLAN - LEVEL 1 - DOMESTIC WATER, COMPRESSED 3/4/19 PP200 FLOOR PLAN - BASEMENT - STORM, SANITARY, & VENT 3/4/19 PP201 FLOOR PLAN - LEVEL 1 - STORM, SANITARY, & VENT 3/4/19 PP203 FLOOR PLAN - ROOF - PLUMBING 3/4/19 PP300 FLOOR PLAN - BASEMENT - CONDENSATE 3/4/19 PP301 FLOOR PLAN - LEVEL 1 - NATURAL GAS & CONDENSATE 3/4/19 PP302 SITE PLAN - NATURAL GAS 3/4/19 PP500 STORM, WASTE, & VENT ISOMETRIC - PLUMBING 3/4/19 PP501 NATURAL GAS RISER DIAGRAM 3/4/19 PE001 LEGEND, EQUIPMENT SCHEDULES 3/4/19 PE002 LIGHTING FIXTURE SCHEDULE, COMCHECK 3/4/19 PE003 ELECTRICAL DETAILS 3/4/19 PE100 SITE PLAN - ELECTRICAL 3/4/19 PE200 FLOOR PLAN - LEVEL B - ELECTRICAL 3/4/19 PE201 FLOOR PLAN - LEVEL 1 - ELECTRICAL 3/4/19 PE202 ROOF PLAN - ELECTRICAL 3/4/19 PE210 FLOOR PLAN - LEVEL B - LIGHTING 3/4/19 PE211 FLOOR PLAN - LEVEL 1 - LIGHTING 3/4/19 Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 PE500 RISER DIAGRAM - ELECTRICAL 3/4/19 PE600 PANELBOARD SCHEDULES 3/4/19 PDVO.00 INFORMATION TRANSPORT COVER SHEET 3/4/19 PDV0.01 SYMBOL & LEGEND SHEET 8/29/18 3/4/19 PDV1.00 SITE PLAN 8/29/18 3/4/19 PDV1.01 FLOOR PLAN LEVEL 1 8/29/18 3/4/19 PDV1.02 FLOOR PLAN BASEMENT LEVEL 8/29/18 3/4/19 PDV9.00 EQUIPMENT ROOM DETAILS AND RISER DIAGRAM 8/29/18 3/4/19 PDV9.01 FIRST RESPONDERS RISER DIAGRAM 8/29/18 3/4/19 PDV9.06 INSTALLATION DETAILS 8/29/18 3/4/19 PDV9.07 SECURITY INSTALLATION DETAILS 8/29/18 3/4/19 P-AV0.00 COVER SHEET AV SYSTEMS 8/29/18 3/4/19 P-AV0.01 LEGEND SHEET AV SYSTEMS 8/29/18 3/4/19 P-AV1.01 FLOOR PLAN - LEVEL 1 AV SYSTEMS 8/29/18 3/4/19 PAV1.02 FLOOR PLAN BASEMENT LEVEL 8/29/18 3/4/19 P-AV8.01 EQUIPMENT & CONNECTIVITY SHEET A- AV SYSTEMS 8/29/18 3/4/19 P-AV9.01 EQUIPMENT AND CONNECTIVITY SHEETS B - AV SYSTEMS 8/29/18 3/4/19 FG000 COVER SHEET 8/29/18 3/4/19 FG001 DRAWING INDEX 8/29/18 3/4/19 FG002 GENERAL INFORMATION 8/29/18 3/4/19 FG100 LIFE SAFETY PLAN 3/4/19 FG110 UL ASSEMBLIES 3/4/19 FA100 ARCHITECTUAL SITE PLAN 8/29/18 3/4/19 FA101 ENLARGED ARCHITETUAL SITE PLAN - FIRE STATION 44 3/4/19 FA201 FLOOR PLAN 8/29/18 3/4/19 FA202 ROOF PLAN 8/29/18 3/4/19 FA210 REFLECTED CEILING PLAN - 01 3/4/19 FA211 REFLECTED CEILING PLAN - 02 3/4/19 FA220 EDGE OF SLAB PLAN 3/4/19 FA230 EQUIPMENT PLAN 3/4/19 FA231 EQUIPMENT PLAN SCHEDULE 3/4/19 FA300 ENLARGED PARTITION PLAN - 01 3/4/19 FA301 ENLARGED PARTITION PLAN - 02 3/4/19 FA320 ENLAGED FINISH PLAN - 01 3/4/19 FA321 ENLARGED FINISH PLAN - 02 3/4/19 FA330 ENLARGED FURNITURE PLAN - 01 3/4/19 FA400 BUILDING ELEVATIONS 8/29/18 3/4/19 FA401 BUILDING ELEVATIONS 3/4/19 FA402 BUILDING ELEVATION - TRAINING TOWER 8/29/18 3/4/19 FA403 ENLARGED ELEVATIONS 3/4/19 FA404 ENLARGED ELEVATIONS 3/4/19 FA405 ENLARGED ELEVATIONS & EXTERIOR FINISH SCHEDULE 3/4/19 FA410 BUILDING SECTIONS 3/4/19 FA411 BUILDING SECTIONS 3/4/19 FA500 WALL SECTIONS 3/4/19 FA501 WALL SECTIONS 3/4/19 FA502 WALL SECTIONS 3/4/19 FA503 WALL SECTIONS 3/4/19 FA601 ENLARGED FLOOR PLANS 3/4/19 FA610 PLAN DETAILS 3/4/19 FA620 SECTION DETAILS 3/4/19 FA630 DETAILS 3/4/19 FA631 SECTION DETAILS 3/4/19 FA632 CANOPY DETAILS 3/4/19 FA633 CANOPY DETAILS 3/4/19 FA634 SECTION DETAILS - TRAINING TOWER STAIR 3/4/19 FA910 DOOR SCHEDULE AND TYPES 3/4/19 FA911 EXTERIOR WINDOW AND STORFRONT TYPES 3/4/19 FA912 EXTERIOR CAST STONE SIGNAGE 3/4/19 DRAWINGS: FIRE STATION 44 & ADMINISTRATION BUILDING Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 FA920 DOOR DETAILS (STEEL STUD PARTITIONS)3/4/19 FA921 DOOR DETAILS (CMU PARTITIONS)3/4/19 FA922 DOOR DETAILS (CMU PARTITIONS)3/4/19 FA930 PLUMBING FIXTURES 3/4/19 FA931 INTERIOR PARTITIONS 3/4/19 FA1000 INTERIOR SCHEDULES 3/4/19 FA1050 INTERIOR ELEVATIONS - FIRE STATION 3/4/19 FA1051 INTERIOR ELEVATIONS - FIRE STATION 3/4/19 FA1052 INTERIOR ELEVATIONS - FIRE STATION 3/4/19 FA1053 INTERIOR ELEVATIONS & PLANS - RESTROOMS 3/4/19 FA1054 INTERIOR ELEVATIONS & PLANS - RESTROOMS 3/4/19 FA1055 INTERIOR ELEVATIONS & PLANS - RESTROOMS 3/4/19 FA1056 INTERIOR ELEVATIONS - APPARATUS 3/4/19 FA1057 INTERIOR ELEVATIONS - ADM WING 3/4/19 FA1058 INTERIOR ELEVATIONS - ADM WING 3/4/19 FA1059 INTERIOR VIEWS - ADM WING 3/4/19 FA1070 MILLWORK DETAILS 3/4/19 FA1071 MILLWORK DETAILS 3/4/19 FA1072 MILLWORK DETAILS - KITCHEN & DAY ROOM 3/4/19 FA1080 INTERIOR DETAILS 3/4/19 FA1081 INTERIOR DETAILS 3/4/19 FS001 GENERAL NOTES 3/4/19 FS002 GENERAL NOTES 3/4/19 FS101 TYPICAL SECTIONS AND DETAILS 3/4/19 FS102 TYPICAL SECTIONS AND DETAILS 3/4/19 FS103 TYPICAL SECTIONS AND DETAILS 3/4/19 FS104 TYPICAL SECTIONS AND DETAILS 3/4/19 FS201 FOUNDATION PLAN 3/4/19 FS202 LOW ROOF FRAMING PLAN 3/4/19 FS203 HIGH ROOF FRAMING PLAN 3/4/19 FS204 FIRE TRAINING AN ELEVATIONS 3/4/19 FS301 FOUNDATION SECTION AND DETAILS 3/4/19 FS401 COLUMN SCHEDULE 3/4/19 FS402 BRACED FRAME SECTIONS AND DETAILS 3/4/19 FS403 BRACED FRAME ELEVATIONS 3/4/19 FS404 BRACED FRAME ELEVATIONS 3/4/19 FS501 SECTIONS AND DETAILS 3/4/19 FS502 SECTIONS AND DETAILS 3/4/19 FS601 CANOPY FRAMING DETAILS 3/4/19 FS701 CMU WALL ELEVATIONS AND DETAILS 3/4/19 FM001 GENERAL NOTES, LEGENDS AND ABBREVIATIONS - HVAC 3/4/19 FM002 SCHEDULES - HVAC 3/4/19 FM003 DETAILS - HVAC 3/4/19 FM004 DETAILS - HVAC 3/4/19 FM005 DETAILS - HVAC 3/4/19 FM006 COMCHECK - HVAC 3/4/19 FM201 FLOOR PLAN - HVAC 3/4/19 FM202 FLOOR PLAN - REFIGERANT PIPING HVAC 3/4/19 FM203 ROOF PLAN - HVAC 3/4/19 FM600 FLOOR PLAN - COORDINATION VIEW - APPARATUS BAY 3/4/19 ME-1 SAFE AIR CORPORATION EXHAUST SYSTEM - GENERAL 2/21/19 FP001 GENERAL NOTES, LEGENDS. AND ABBREVIATIONS - 3/4/19 FP002 Details - Plumbing 3/4/19 FP003 Details - Plumbing & Fire Protection 3/4/19 FP004 DETAILS - PLUMBING 3/4/19 FP005 DETAILS - PLUMBING 3/4/19 FP201 FLOOR PLAN - DOMESTIC WATER, COMPRESSED AIR & 3/4/19 FP202 FLOOR PLAN - NATURAL GAS PIPING 3/4/19 FP203 SITE PLAN - NATURAL GAS PIPING 3/4/19 FP301 FLOOR PLAN - STORM, SANITARY & VENT 3/4/19 Schedule D CONTRACT DRAWINGS AND SPECIFICATIONS MILTON PUBLIC SAFETY COMPLEX DATE: 6/24/2019 FP302 FLOO PLAN - CONDENSATE PIPING 3/4/19 FP500 ISOMETRIC VIEW - STORM, SANITARY AND VENT 3/4/19 FP501 NATURAL GAS RISER DIAGRAM 3/4/19 FE001 LEGEND, NOTES, SCHEDULES - ELECTRICAL 3/4/19 FE002 LIGHTING SCHEDULES & COMCHECK - ELECTRICAL 3/4/19 FE003 ELECTRICAL DETAILS 3/4/19 FE100 SITE PLAN - ELECTRICAL 3/4/19 FE201 FLOOR PLAN - ELECTRICAL 3/4/19 FE202 ROOF PLAN - ELECTRICAL 3/4/19 FE210 FLOOR PLAN - LIGHTING 3/4/19 FE500 RISER DIAGRAM - ELECTRICAL 3/4/19 FE600 PANEL SCHEDULES - ELECTRICAL 3/4/19 FDV0.00 INFORMTION TRANSPORT COVER SHEET 8/29/18 3/4/19 FDV0.01 SYMBOL & LEGEND SHEET 8/29/18 3/4/19 FDV1.00 SITE PLAN 8/29/18 3/4/19 FDV1.01 FLOOR PLAN LEVEL 1 8/29/18 3/4/19 FDV9.00 EQUIPMENT ROOM DETAILS AND RISER DIAGRAM 8/29/18 3/4/19 FDV9.01 FIRT RESPONDER RISER DIAGRAM 8/29/18 3/4/19 FDV9.06 INSTALLATION DETAILS 8/29/18 3/4/19 FDV9.07 SECURITY INSTALLATION DETAIL 8/29/18 3/4/19 F-AV0.00 COVER SHEET AV SYSTEMS 8/29/18 3/4/19 F-AV0.01 LEGEND SHEET AV SYSTEMS 8/29/18 3/4/19 F-AV1.01 FLOOR PLAN - LEVEL 1 AV SYSTEMS 8/29/18 3/4/19 F-AV8.01 EQUIPMENT & CONECTIVITY SHEET A- AV SYSTEMS 8/29/18 3/4/19 F-AV9.01 DETAIL SHEET A- AV SYSTEMS 8/29/18 3/4/19 FULTON COUNTY SEWER DESIGN GUIDE - SEWER REVIEW 4/26/19 MILTON PSC LDP REVIEW COMMENTS 3/8/19 4/3/19 GEOTECHNICAL EXPLORATION 6/4/18 4/29/19 ENVIROMENTAL GRAPHICS DESIGN DEVELOPMENT 3/4/19 REFERENCE DOUMENTS: SCHEDULE E SUBMITTAL APPROVAL SCHEDULE 19.575 MILTON - PSC Submittal LogSECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRetD O 1Division 03ConcreteDivision 03203 30 00Cast-In-Place Concrete30330001.4AProduct Data: For each type of product indicated.Product DataGunby40330001.4BDesign Mixtures: For each concrete mixture. Submit alternate design mixturesMix DesignsGunby50330001.4-F.2Design Admixture: Submit product data for each admixture optionMix DesignGunby60330001.4CSteel Reinforcement Shop Drawings: Placing drawings that detail fabrication,Shop DrawingsGunby70330001.4DWelding CertificatesCertificationsGunby80330001.4EQualification Data: For Installer, professional engineer, and manufacturer.CloseoutsGunby90330001.4FMaterial Certificates: For each of the following, signed by manufacturers: 1.CertificationsGunby10033000Minutes of Preinstallation ConferenceConferenceGunby1103 35 43.16Polished and Stained Concrete120335431.4AProduct Data: For each type of product.Product DataCorporate SteamX Inc.130335431.4BPolishing Schedule: Submit plan showing polished concrete surfaces andScheduleCorporate SteamX Inc.140335431.4CSamples for Initial Selection: For each type of product requiring color selection.D.SamplesCorporate SteamX Inc.150335431.4DSamples for Vertification: For each type of exposed colorSamplesCorporate SteamX Inc.160335431.7-BMockups: 1. Build mockups in the location and of the size indicated 2.MockupsCorporate SteamX Inc170335431.6AQualification Data: For InstallerCloseoutsCorporate SteamX Inc.180335431.6BMaterial Certificates:CertificationsCorporate SteamX Inc.19033543Minutes of Preinstallation ConferenceConferenceCorporate SteamX Inc.20Division 04MasonryDivision 042104 2200Unit Masonry220420001.5AProduct Data: For each type of product indicated.Product DataC&M Masonry230420001.5BShop Drawings: For the following:Shop DrawingsC&M Masonry240420001.5CSamples for Initial Selection: 1. Weep holes/vents.SamplesC&M Masonry250420001.5DSamples for Verification: For each type and color of the following:SamplesC&M Masonry260420001.6AQualification Data: For testing agency.CloseoutsC&M Masonry270420001.6BMaterial Certificates: For each type and size of the following:CertificationsC&M Masonry280420001.6CMix Designs: For each type of mortar. Include description of type and proportionsMix DesignsC&M Masonry290420001.6DStatement of compressive strength masonryInformation SubmittalsC&M Masonry300420001.6ECold-Weather Procedures: Detailed description of methods, materials, andProceduresC&M Masonry31042000Minutes of Preinstallation ConferenceConferenceC&M Masonry3204 7200Cast Stone Masonry330472001.3AProduct DataProduct DataC&M Masonry340472001.3BShop DrawingsShop DrawingsC&M Masonry350472001.3CSamples for Initial SelectionSamplesC&M Masonry360472001.3DSamples for Verification: 1. For each color and texture, 10 inches 2. For each trimSamplesC&M Masonry370472001.3EFull-Size Samples: For each color and shape of cast-stone unit required. 1. MakeSamplesC&M Masonry380472001.4AQualification DataCloseoutsC&M Masonry390472001.4BMaterial Test ReportsReportsC&M Masonry40047200Minutes of Preinstallation ConferenceConferenceC&M Masonry41Division 05MetalsDivision 054205 1200Structural Steel Framing430512001.5AProduct Data: For each type of product indicated.Product DataJonquil Steel440512001.5BShop DrawingsShop DrawingJonquil Steel450512001.5CWelding Procedure Specifications (WPSs) and Procedure Qualification RecordsCertificationsJonquil Steel460512001.5DQualification DataCloseoutsJonquil Steel470512001.5EWelding certificates.CertificationsJonquil Steel480512001.5FPaint Compatibility CertificatesCertificationsJonquil Steel490512001.5GMill test reports for structural steelReportsJonquil Steel500512001.5HProduct Test Reports and Certifications: For the following: 1. Bolts, nuts, andReportsJonquil Steel510512001.5JSource quality-control Reports: nondestructive testing (NDT) reports and AISCReportsJonquil Steel520512001.5KFabricator Certificates: Fabricator’s Certificate of Compliance per Division 1CertificationsJonquil SteelPage 1 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet530512001.6-GMockups: Build mockups of architecturally exposed structural steel to set qualityMockupsJonquil Steel540512001.5Off-site Storage ApprovalOwner ApprovalJonquil Steel55051200Minutes of Preinstallation ConferenceConferenceJonquil Steel5605 3100Steel Decking570531001.3AProduct Data.Product DataJonquil Steel580531001.3BShop DrawingsShop DrawingsJonquil Steel590531001.3CProduct CertificatesCertificationsJonquil Steel600531001.3DWelding certificates.CertificationsJonquil Steel610531001.3EMechanical Fasteners: Proposed alternate fastener size, spacing and loadSubmittalsJonquil Steel620531001.3FProduct Test Reports: 1. Powder-actuated mechanical fasteners. 2. AcousticalReportsJonquil Steel63053100Minutes of Preinstallation ConferenceSubmittalsJonquil Steel6405 4000Cold-Formed Metal Framing650540001.3AProduct DataProduct DataJonquil Steel660540001.3BShop Drawings:Shop DrawingsJonquil Steel670540001.3CDelegated-Design Submittal: For cold-formed steel framing.SubmittalsJonquil Steel680540001.4AQualification Data: For testing agency.CloseoutsJonquil Steel690540001.4BWelding certificatesCertificationsJonquil Steel700540001.4CProduct Test Reports: For each listed product, for tests performed byReportsJonquil Steel710540001.4DResearch Reports: For non-standard cold-formed steel framing, from ICC-ES.ReportsJonquil Steel72054000Minutes of Preinstallation ConferenceConferenceJonquil Steel7305 5000Metal Fabrications/Misc. Metals740550001.4AProduct Data: For Metal ladders.Product DataJonquil Steel750550001.4BShop DrawingsShop DrawingsJonquil Steel760550001.5AQualification Data: For qualified professional engineer.CloseoutsJonquil Steel770550001.5BWelding certificates.CertificationsJonquil Steel78055000Minutes of Preinstallation ConferenceConferenceJonquil Steel7905 5100Metal Stairs800551001.3AProduct Data:Product DataJonquil Steel810551001.3BShop DrawingsShop DrawingsJonquil Steel820551001.3CDelegated-Design SubmittalCloseoutsJonquil Steel830551001.4AQualification DataCloseoutsJonquil Steel840551001.4BWelding certificatesCertificationsJonquil Steel850551001.4CProduct Test ReportsReportsJonquil Steel86055100Minutes of Preinstallation ConferenceConferenceJonquil Steel8705 5213Pipe and Tube Railings880552131.4AProduct Data:Product DataJonquil Steel890552131.4BShop DrawingsShop DrawingsJonquil Steel900552131.5AQualification Data: For qualified professional engineer.CloseoutsJonquil Steel910552131.5BWelding certificates.CertificationsJonquil Steel92055213Minutes of Preinstallation ConferenceConferenceJonquil Steel93Division 06Wood, Plastics and CompositesDivision 069406 1053Miscellaneous Rough Carpentry950610531.4AProduct DataProduct DataYonah Mountain Timber960610531.5AMaterial CertificatesCertificationsYonah Mountain Timber970610531.5BEvaluation Reports:ReportsYonah Mountain Timber980610531.5Off-site Storage ApprovalOwner ApprovalYonah Mountain Timber99061053Minutes of Preinstallation ConferenceConferenceYonah Mountain Timber10006 1323Heavy Timber Construction1010613231.4AProduct DataProduct DataYonah Mountain Timber1020613231.5AMaterial Certificates:CertificationsYonah Mountain Timber1030613231.5BCertificates of InspectionCertificationsYonah Mountain Timber1040613231.5CEvaluation Reports:ReportsYonah Mountain Timber1050613231.5Off-site Storage ApprovalOwner ApprovalYonah Mountain TimberPage 2 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet106061323Minutes of preinstallation ConferenceYonah Mountain Timber10706 1500Wood Decking1080615001.3AProduct DataProduct DataYonah Mountain Timber1090615001.3BSamples: 24 inches long,.SamplesYonah Mountain Timber1100615001.4AEvaluation Reports:ReportsYonah Mountain Timber111061500Preinstallation Conference MinutesConferenceYonah Mountain Timber11206 1600Sheathing1130616001.3 AProduct DataProduct DataBrill Enterprises, Inc.114061600Minutes of preinstallation ConferenceConferenceBrill Enterprises, Inc.11506 2013Exterior Finish Carpentry1160620131.3AProduct DataProduct DataYonah Mountain Timber1170620131.3BSamples for Initial Selection .SamplesYonah Mountain Timber1180620131.3CSamples for VerificationSamplesYonah Mountain Timber1190620131.4ACompliance CertificatesCertificationsYonah Mountain Timber1200620131.4BEvaluation ReportsReportsYonah Mountain Timber1210620131.4CSample Warranties: For manufacturer's warranties.Years not specified currentlyWarrantyYonah Mountain Timber122062013Preinstallation Conference MinutesConferenceYonah Mountain Timber12306 2023Interior Finish Carpentry124062023169Product DataProduct DataYonah Mountain Timber125062023170SamplesSamplesYonah Mountain Timber126062023171Quality Control SubmittalsSubmittalsYonah Mountain Timber12706 4113Wood-Veneer-Faced Architectural Cabinets1280641131.4AProduct DataProduct DataWoodtec Millwork1290641131.4BShop DrawingsShop DrawingsWoodtec Millwork1300641131.4CSamples for Initial Selection: 1. Shop-applied transparent finishes. 2. Shop-SamplesWoodtec Millwork1310641131.4DSamples for Verification: 1. Lumber for transparent finish, 2. Veneer leaves 3.SamplesWoodtec Millwork1320641131.5AQualification Data: For fabricator.CloseoutsWoodtec Millwork1330641131.5BProduct Certificates: For the following:CertificationsWoodtec Millwork1340641131.5CWoodwork Quality Standard Compliance Certificates: AWI Quality CertificationCertificationsWoodtec Millwork1350641131.6BMockups: 1. Build mockups of typical architectural wood cabinetsMockupsWoodtec Millwork136064113Preinstallation Conference MinutesWoodtec Millwork13706 4116Plastic-Laminate-Faced Architectural Cabinets1380641161.3AProduct DataProduct DataWoodtec Millwork1390641161.3BShop DrawingsShop DrawingsWoodtec Millwork1400641161.3CSamples for Initial Selection:1. Plastic laminates.SamplesWoodtec Millwork1410641161.3DSamples for Verification: 1. Plastic laminates, 12 by 12 inches, for each color,SamplesWoodtec Millwork1420641161.4AQualification Data: For fabricator.CloseoutsWoodtec Millwork1430641161.4BProduct Certificates: For the following:CertificationsWoodtec Millwork1440641161.4CWoodwork Quality Standard Compliance CertificatesCertificationsWoodtec Millwork1450641161.4DEvaluation Reports: For fire-retardant-treated materialsReportsWoodtec Millwork146064116Preinstallation Conference MinutesWoodtec Millwork14706 42 16Flush Wood Paneling1480642161.4AProduct DataProduct DataWoodtec Millwork1490642161.4BShop DrawingsShop DawingsWoodtec Millwork1500642161.4CSamples for Initial SelectionSamplesWoodtec Millwork1510642161.4DSamples for Verification:SamplesWoodtec Millwork1520642161.5AQualification Data: For Fabricator.CloseoutsWoodtec Millwork1530642161.5BWoodwork Quality Standard Compliance CertificatesCertificationsWoodtec Millwork1540642161.5CEvaluation ReportsReportsWoodtec Millwork155064216Preinstallation Conference MinutesWoodtec Millwork15606 4400Ornamental Woodwork1570644001.4AProduct DataProduct DataWoodtec Millwork1580644001.4BShop DrawingsShop DrawingsWoodtec MillworkPage 3 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet1590644001.4CSamples for Initial SelectionSamplesWoodtec Millwork1600644001.4DSamples for Verification:SamplesWoodtec Millwork1610644001.5AQualification Data: For fabricator.CloseoutsWoodtec Millwork1620644001.5BProduct Certificates:CertificationsWoodtec Millwork1630644001.5CWoodwork Quality Standard Compliance CertificatesCertificationsWoodtec Millwork1640644001.5DEvaluation ReportsReportsWoodtec Millwork1650644001.6CMockups: 1. All devices, grommets, desktop and drawer units shall be indicatedMockupsWoodtec Millwork166064400Preinstallation Conference MinutesWoodtec Millwork16706 6116Solid Surfacing Fabrication1680661161.4AProduct DataProduct DataWoodtec Millwork1690661161.4BShop DrawingsShop DrawingsWoodtec Millwork1700661161.4CSamples:SamplesWoodtec Millwork1710661161.5AQualification DataCloseoutsWoodtec Millwork1720661161.6AOperation and Maintenance DataCloseoutsWoodtec Millwork173066116Presinstallation Conference MinutesConferenceWoodtec Millwork17406 6400Plastic Paneling1750664001.3AProduct DataProduct DataWoodtec Millwork1760664001.3BSamples for Initial SelectionSamplesWoodtec Millwork1770664001.3CSamples for VerificationSamplesWoodtec Millwork1780664002.3APreinstallation Conference MinutesConferenceWoodtec Millwork17906 6500Fiberglass Fabrication1800665001.4AProduct Data: For each type of product.Product DataWoodtec Millwork1810665001.4BShop Drawings:Shop DrawingsWoodtec Millwork1820665001.4CSamplesSamplesWoodtec Millwork183066500Preinstallation Conference MinutesConferenceWoodtec Millwork184Division 07Thermal and Moisture ProtectionDivision 0718507 1326Self-Adhering Sheet Waterproofing1860713261.4AProduct DataProduct DataSoutheast Restoration &1870713261.4BShop DrawingsShop DrawingsSoutheast Restoration &1880713261.4CSamplesSamplesSoutheast Restoration &1890713261.5AQualification Data: For Installer.CloseoutsSoutheast Restoration &1900713261.5BSample Warranties: For special warranties.WarrantySoutheast Restoration &191071326Preinstallation ConferenceConferenceSoutheast Restoration &19207 1616Crystalline Waterproofing1930716161.3AProduct DataProduct dataSoutheast Restoration &1940716161.3BShop DrawingsShop DrawingsSoutheast Restoration &1950716161.4AQuality Control Submittals & Product Test ReportsSubmittals/ReportsSoutheast Restoration &1960716161.4BStatement of Manufacturers ReviewReviewSoutheast Restoration &1970716161.4CStatement of ApplicationApplicationSoutheast Restoration &198071616Preinstallation Conference MinutesConferenceSoutheast Restoration &19907 2100Thermal Insulation2000721001.3AProduct DataProduct DataSoutheast?2010721001.4AProduct Test ReportsReports202072100Preinstallation Conference MinutesConference20307 2600Vapor Retarders2040726001.3AProduct DataProduct DataSoutheast?2050726001.3BShop DrawingsShop Drawings2060726001.4AQuality Control Submittals:Submittals207Preinstallation Conference MinutesConference20807 2726Fluid-Applied Membrane Air Barriers2090727261.5AProduct Data:Product DataSoutheast Restoration &2100727261.5BShop Drawings: For air-barrier assemblies.Shop DrawingsSoutheast Restoration &2110727261.6AQualification Data: For InstallerCloseoutsSoutheast Restoration &Page 4 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet2120727261.6BProduct CertificatesCertificateSoutheast Restoration &2130727261.6CProduct Test ReportsTest ReportSoutheast Restoration &2140727261.7-BMockups: Build mockups to set quality standards for materials and execution. 1.MockupsSoutheast Restoration &215072726Preinstallation ConferenceConferenceSoutheast Restoration &21607 4113Standing-Seam Metal Roof Panels2170741131.3AProduct DataProduct DataPierre Construction2180741131.3BShop Drawings:Shop DrawingsPierre Construction2190741131.3CSamples for Initial SelectionSamplesPierre Construction2200741131.4AQualification Data: For installer.CloseoutsPierre Construction2210741131.4BSample Warranties: For special warranties.WarrantyPierre Construction2220741131.5AMaintenance DataCloseoutsPierre Construction223074113Preinstallation Conference MinutesConferencePierre Construction22407 4213Metal Soffit Panels2250742131.4AProduct DataProduct DataTipTop Siding, LLC2260742131.4BDelegated-Design SubmittalSubmittalTipTop Siding, LLC2270742131.4CShop Drawings:Shop DrawingsTipTop Siding, LLC2280742131.4DSamples for Verification: 1. Metal Panels: 12 inches long by actual panel widthSamplesTipTop Siding, LLC2290742131.5AQualification Data: For installer.CloseoutsTipTop Siding, LLC2300742131.5BProduct Test ReportsReportsTipTop Siding, LLC2310742131.5CSample Warranties: For special warrantiesWarrantyTipTop Siding, LLC2320742131.6AMaintenance DataCloseoutsTipTop Siding, LLC2330742131.7-CMockups: 1. Build mockup of typical fascia, and soffit as shown on Drawings;MockupsTipTop Siding, LLC234074213Preinstallation ConferenceConferenceTipTop Siding, LLC23507 4646Mineral Fiber Cement Siding2360746461.3AProduct DataProduct DataThe Roof Depot, Inc2370746461.3BSamples:SamplesThe Roof Depot, Inc2380746461.4AQuality Control Submittals:SubmittalsThe Roof Depot, Inc2390746461.7CMockups: Prior to installation of the work, fabricate and erect mockups for eachMockupsThe Roof Depot, Inc240074646Preinstallation Conference MinutesConferenceThe Roof Depot, Inc24107 5423Thermoplastic Polyolefin (TPO) Roofing2420754231.4AProduct DataProduct DataCrabapple Roofing2430754231.4BShop DrawingsShop DrawingsCrabapple Roofing2440754231.4CSamples 1. 12 inch by 12 inch square of sheet roofing, of color specified 2. 12 inchSamplesCrabapple Roofing2450754231.5AQuality Control Submittals:SubmittalsCrabapple Roofing2460754231.5BStatement of Manufacturer's Review:Manufacturer ReviewCrabapple Roofing2470754231.5CStatement of ApplicationApplication StatementCrabapple Roofing2480754231.6AContract Closeout Submittals:SubmittalsCrabapple Roofing249075423Manufacturer's Total System Warranty/20 YEARSWarrantyCrabapple Roofing250075423Preinstallation Conference MinutesConferenceCrabapple Roofing25107 6200Sheet Metal Flashing & Trim2520762001.3AProduct DataProduct DataCrabapple Roofing2530762001.3BShop Drawings: Show fabrication and installation layouts of sheet metal flashingShop DrawingsCrabapple Roofing2540762001.3CSamples for Initial SelectionSamplesCrabapple Roofing2550762001.3DSamples for Verification: For each type of exposed finish required, prepared onSamplesCrabapple Roofing2560762001.4AQualification Data: For qualified fabricator.CloseoutsCrabapple Roofing2570762001.4BWarranty: Sample of special warranty.WarrantyCrabapple Roofing2580762001.5AMaintenance Data: For sheet metal flashing, trim, and accessories to include inProduct DataCrabapple Roofing2590762001.7-CMockupsMockupsCrabapple Roofing260076200Preinstallation Conference MinutesCrabapple Roofing26107 7200Roof Accessories2620772001.4AProduct DataProduct DataCrabapple Roofing2630772001.4BShop DrawingsShop DrawingsCrabapple Roofing2640772001.5ACoordination Drawings:Shop DrawingsCrabapple RoofingPage 5 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRetD O 2650772001.6AOperation and Maintenance DataCloseoutsCrabapple Roofing266077200Preinstallation Conference MinutesConference26707 8413Penetration Firestopping2680784131.3AProduct Data: For each type of product indicated.Product DataSoutheast Restoration &2690784131.3BProduct ScheduleScheduleSoutheast Restoration &2700784131.4AQualification Data: For qualified Installer.CloseoutsSoutheast Restoration &2710784131.4BInstaller CertificatesCertificationsSoutheast Restoration &2720784131.4CProduct Test ReportsReportsSoutheast Restoration &273078413Preinstallation Conference MinutesConferenceSoutheast Restoration &27407 8446Fire-Resistive Joint Systems2750784461.3AProduct Data: For each type of product indicated.Product DataSoutheast Restoration &2760784461.4AQualification Data: For qualified Installer.CloseoutsSoutheast Restoration &277078446Preinstallation Conference MinutesConferenceSoutheast Restoration &27807 9200Joint Sealants2790792001.4AProduct DataProduct dataSoutheast Restoration &2800792001.4BSamples for Initial SelectionSamplesSoutheast Restoration &2810792001.4CSamples for VerificationSamplesSoutheast Restoration &2820792001.4DJoint-Sealant Schedule: 1. Joint-sealant application, joint location, andScheduleSoutheast Restoration &2830792001.5AQualification DataCloseoutsSoutheast Restoration &2840792001.5BProduct CertificatesCertificationsSoutheast Restoration &2850792001.5CSealant, Waterproofing, and Restoration Institute (SWRI) Validation CertificateReportsSoutheast Restoration &2860792001.5DProduct Test ReportsReportsSoutheast Restoration &2870792001.5EField-Adhesion Test ReportsReportsSoutheast Restoration &288079200Preinstallation Conference minutesConferenceSoutheast Restoration &289Division 08OpeningsDivision 0829008 1113Doors & Hardware2910811131.5AProduct DataProduct DataIG Services LLC2920811131.5BShop Drawings:Shop DrawingsIG Services LLC2930811131.5CSchedule: Provide a schedule of hollow-metal work prepared by or under theScheduleIG Services LLC2940811131.6AProduct Test ReportsReportsIG Services LLC295081113Preinstallation Conference MinutesConferenceIG Services LLC29608 3323Overhead Coiling Doors2970833231.3AProduct DataProduct DataMetro Garage Door, Inc.2980833231.3BShop DrawingsShop DrawingsMetro Garage Door, Inc.2990833231.3CSamples for Initial SelectionSamplesMetro Garage Door, Inc.3000833231.3DSamples for Verification 1. Curtain slats. 2. Bottom bar with sensor edge. 3.SamplesMetro Garage Door, Inc.3010833231.4AQualification Data: For Installer and testing and inspecting agency.CloseoutsMetro Garage Door, Inc.3020833231.4BSample Warranty: For special warranty.WarrantyMetro Garage Door, Inc.3030833231.5ASpecial warranty.WarrantyMetro Garage Door, Inc.3040833231.5BMaintenance DataCloseoutsMetro Garage Door, Inc.3050833231.5CRecord DocumentsReportsMetro Garage Door, Inc.306083323Preinstallation Conference MinutesConferenceMetro Garage Door, Inc.30708 3513Folding Doors3080835131.3AProduct DataProduct dataMetro?3090835131.3BShop DrawingsShop Drawings3100835131.3CSamples for Initial SelectionSamples3110835131.3DSamples for VerificationSamples3120835131.3EProduct ScheduleSchedule3130835131.5AQualification Data: For Installer.Closeouts3140835131.5AOperation and Maintenance DataCloseouts315085313Preinstallation Conference MinutesConference31608 3800Traffic Doors3170838001.3AProduct DataProduct DataMetro?Page 6 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRetD O 3180838001.3BShop DrawingsShop Drawings3190838001.3CSamples:Samples3200838001.4AQualification DataCloseouts3210838001.4BOperation and Maintenance DataCloseouts322083800Preinstallation Conference MiuntesConference32308 4113Aluminum-Framed Entrances & Storefronts3240841131.4AProduct DataProduct DataJones glass, Inc.3250841131.4BShop Drawings:Shop DrawingsJones glass, Inc.3260841131.4CSamples for Initial Selection:SamplesJones glass, Inc.3270841131.4DSamples for Verification:SamplesJones glass, Inc.3280841131.4EFabrication Sample: 1. Joinery, including concealed welds. 2. Anchorage. 3.SamplesJones glass, Inc.3290841131.4FDelegated-Design Submittal: 1. Detail fabrication and assembly of aluminum-Product DataJones glass, Inc.3300841131.4GQualification DataCloseoutsJones glass, Inc.3310841131.5APreconstruction Test Reports: For sealantReportsJones glass, Inc.3320841131.5BProduct Test ReportsReportsJones glass, Inc.3330841131.5CMaintenance DataCloseoutsJones glass, Inc.3340841131.6ASpecial Warranty/10 YEARSWarrantyJones glass, Inc.335084113Special Finish Warranty/20 YEARSWarrantyJones glass, Inc.336Preinstallation Conference MinutesConferenceJones glass, Inc.33708 4226All-Glass Entrances3380842261.3AProduct DataProduct DataJones Glass, Inc.3390842261.3BShop DrawingsShop DrawingsJones Glass, Inc.3400842261.3CSamples for Initial SelectionSamplesJones Glass, Inc.3410842261.3DSamples for Verification 1. Metal Finishes: 6-inch- long sections 2. Glass: 6SamplesJones Glass, Inc.3420842261.3EEntrance Door Hardware ScheduleScheduleJones Glass, Inc.3430842261.3FDelegated-Design SubmittalProduct DataJones Glass, Inc.3440842261.4AQualification Data: For Installer.CloseoutsJones Glass, Inc.3450842261.4BProduct Test ReportsReportsJones Glass, Inc.3460842261.4CSample Warranty: For special warranty.WarrantyJones Glass, Inc.3470842261.5AMaintenance DataCloseoutsJones Glass, Inc.348084226Special Warranty/10 YEARSWarrantyJones Glass, Inc.349084226Preinstallation Conference minutesJones Glass, Inc.35008 4413Glazed Aluminum Curtain Walls3510844131.3AProduct DataProduct DataJones Glass, Inc.3520844131.3BShop DrawingsShop DrawingsJones Glass, Inc.3530844131.3DQualification DataCloseoutsJones Glass, Inc.3540844131.3EWelding certificates.CertificationsJones Glass, Inc.3550844131.4AMaintenance DataCloseoutsJones Glass, Inc.3560844131.B4Special Assembly Warranty/5 YEARSWarrantyJones Glass, Inc.3570844131.4CSpecial Finish Warranty/20 YEARSWarrantyJones Glass, Inc.3580844131.6GMockupsMockupsJones Glass, Inc.359084413Preinstallation Conference MinutesConferenceJones Glass, Inc.36008 8000Glazing3610880001.4AProduct DataProduct dataJones Glass, Inc.3620880001.4BGlass SamplesSamplesJones Glass, Inc.3630880001.4CGlazing Accessory SamplesSamplesJones Glass, Inc.3640880001.4DGlazing ScheduleScheduleJones Glass, Inc.3650880001.4EDelegated-Design SubmittalProduct DataJones Glass, Inc.3660880001.5AQualification DataCloseoutsJones Glass, Inc.3670880001.5BProduct CertificatesCertificationsJones Glass, Inc.368088000Minutes of Preinstallation ConferenceConferenceJones Glass, Inc.36908 8300Mirrors3700883001.3AProduct DataProduct DataJones Glass, Inc.Page 7 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet3710883001.3BShop DrawingsShop DrawingsJones Glass, Inc.3720883001.3CSamples:SamplesJones Glass, Inc.3730883001.4AQualification Data: For qualified Installer.CloseoutsJones Glass, Inc.3740883001.4BProduct CertificatesCertificationsJones Glass, Inc.3750883001.5AMaintenance DataCloseoutsJones Glass, Inc.376088300Special Warranty/5 YEARSWarrantyJones Glass, Inc.377088300Minutes of Preinstallation ConferenceConferenceJones Glass, Inc.37808 9000Louvers & Vents3790890001.4AProduct DataProduct Datamech?3800890001.4BSamplesSamples3810890001.5AQuality Control SubmittalsSubmittals382089000Minutes of Preinstallation ConferenceConference383Division 09FinishesDivision 0938409 2116.23Gypsum Board Shaft Wall Assembles385092116.231.4AProduct DataProduct DataBrill Enterprises, Inc386092116.23Minutes of Preinstallation ConferenceConferenceBrill Enterprises, Inc38709 2216Non-Structural Metal Framing3880922161.3AProduct DataProduct DataBrill Enterprises, Inc3890922161.4AEvaluation ReportsReportsBrill Enterprises, Inc390092216Minutes of Preinstallation ConferenceConferenceBrill Enterprises, Inc39109 2400Stucco3920924001.3AProduct DataProduct Data3930924001.3BShop DrawingsShop Drawings3940924001.3CSamples for Initial SelectionSamples395092400Minutes of Preinstallation ConferenceConference39609 2900Gypsum Board3970929001.3AProduct DataProduct Data398092900Minutes of Preinstallation ConferenceConference39909 3000Ceramic Tile4000930001.4AProduct DataProduct DataDCO Commercial Floors4010930001.4BShop DrawingsShop DrawingsDCO Commercial Floors4020930001.4CSamples for VerificationSamplesDCO Commercial Floors403093000Minutes of Preinstallation ConferenceConferenceDCO Commercial Floors40409 5113Acoustic Panel Ceilings4050951131.4AProduct DataProduct dataBrill Enterprises, Inc4060951131.4BSamples for VerificationSamplesBrill Enterprises, Inc4070951131.5AQualification DataCloseoutsBrill Enterprises, Inc4080951131.5BProduct Test ReportsReportsBrill Enterprises, Inc4090951131.5CEvaluation ReportsReportsBrill Enterprises, Inc4100951131.6AMaintenance DataCloseoutsBrill Enterprises, Inc411095113Preinstallation ConferenceConferenceBrill Enterprises, Inc41209 6513Resilient Base and Accessories4130965131.3AProduct DataProduct DataPremier Contract Carpet,4140965131.3BSamplesSamplesPremier Contract Carpet,4150965131.4AQuality Control SubmittalsSubmittalsPremier Contract Carpet,4160965131.5AMaintenance DataCloseoutsPremier Contract Carpet,4170965131.6EMockupsMockupsPremier Contract Carpet,418096513Minutes of Preinstallation ConferenceConferencePremier Contract Carpet,41909 6519Resilient Tile Flooring4200965191.3AProduct DataProduct DataPremier Contract Carpet,4210965191.3BSamplesSamplesPremier Contract Carpet,4220965191.4AQuality Control SubmittalsSubmittalsPremier Contract Carpet,4230965191.5AMaintenance DataCloseoutsPremier Contract Carpet,Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet424096519Minutes of Preinstallation ConferenceConferencePremier Contract Carpet,42509 6536Static-Control Resilient Flooring4260965361.3AProduct DataProduct DataPremier Contract Carpet,4270965361.3BSamples for Initial SelectionSamplesPremier Contract Carpet,4280965361.3CSamples for VerificationSamplesPremier Contract Carpet,4290965361.4AQualification Data: For Installer.CloseoutsPremier Contract Carpet,4300965361.4BProduct Test ReportsReportsPremier Contract Carpet,4310965361.5AMaintenance DataCloseoutsPremier Contract Carpet,432096536Minutes of Preinstallation ConferenceConferencePremier Contract Carpet,43309 6543Linoleum Flooring4340965431.3AProduct DataProduct DataDCO Flooring4350965431.3BShop DrawingsShop DrawingsDCO Flooring4360965431.3CSamples for Initial SelectionSamplesDCO Flooring4370965431.3DSamples for VerificationSamplesDCO Flooring4380965431.3EProduct ScheduleScheduleDCO Flooring4390965431.4AQualification Data: For Installer.CloseoutsDCO Flooring4400965431.5AMaintenance DataCloseoutsDCO Flooring441096543Minutes of Preinstallation ConferenceConferenceDCO Flooring44209 6723Resinous Flooring4430967231.4AProduct DataProduct DataDCO Flooring4440967231.4BSamples for Initial SelectionSamplesDCO Flooring4450967231.4CSamples for VerificationSamplesDCO Flooring4460967231.5AInstaller CertificatesCertificationsDCO Flooring4470967231.5BMaterial CertificatesCertificationsDCO Flooring4480967231.5CMaterial Test ReportsReportsDCO Flooring4490967231.6AMaintenance DataCloseoutsDCO Flooring450096723Minutes for preinstallation conferenceConferenceDCO Flooring45109 6813Tile Carpeting4520968131.3AProduct DataProduct dataPremier Contract Carpet,4530968131.3BShop DrawingsShop DrawingsPremier Contract Carpet,4540968131.3CSamplesSamplesPremier Contract Carpet,4550968131.3DProduct ScheduleSchedulePremier Contract Carpet,4560968131.4ASample Warranty: For special warranty.WarrantyPremier Contract Carpet,4570968131.5AMaintenance DataCloseoutsPremier Contract Carpet,458096813Minutes of Preinstallation ConferenceConferencePremier Contract Carpet,45909 7200Wall Coverings4600972001.3AProduct DataProduct Data4610972001.3BShop DrawingsShop Drawings4620972001.3CSamples for VerificationSamples4630972001.3DProduct ScheduleSchedule4640972001.4AMaintenance DataCloseouts465097200Minutes of Preinstallation ConferenceConference46609 7713Stretched-Fabric Wall Systems4670977131.5AProduct DataProduct Data4680977131.5BShop DrawingsShop Drawings4690977131.5CSamples for VerificationSamples4700977131.6ACoordination DrawingsShop Drawings4710977131.6BQualification Data: For Installer.Closeouts4720977131.6CProduct Certificates: For each type of stretched-fabric system.D. SampleCertifications4730977131.6DSample Warranty: For special warranty.Warranty4740977131.7AMaintenance DataCloseouts475097713Special Warranty/5 YEARSWarranty476097713Preinstallation Conference:ConferencePage 9 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet47709 8433Sound-Absorbing Wall Units4780984331.5AProduct DataProduct Data4790984331.5BShop DrawingsShop Drawings4800984331.5CSamples for Initial Selection:Samples4810984331.5DSamples for VerificationSamples4820984331.6ACoordination DrawingsShop Drawings4830984331.6BProduct Certificates: For each type of unit.Certifications4840984331.6CSample Warranty: For manufacturer's special warranty.Warranty4850984331.7AMaintenance DataCloseouts486098433Special Warranty/2 YEARSWarranty487098433Preinstallation ConferenceConference48809 9113Exterior Painting4890991131.4AProduct Data:Product DataSpecialty Finishes4900991131.4BSamples for Initial SelectionSamplesSpecialty Finishes4910991131.4CSamples for Verification:SamplesSpecialty Finishes4920991131.4DProduct ListProduct dataSpecialty Finishes4930991131.5AQuality Control SubmittalsCloseoutsSpecialty Finishes494099113Minutes of Preinstallation ConferenceConferenceSpecialty Finishes49509 9123Interior Painting4960991231.4AProduct DataProduct DataSpecialty Finishes4970991231.4BSamples for Initial SelectionSamplesSpecialty Finishes4980991231.4CSamples for Verification: For each type of paint system and in each color andSamplesSpecialty Finishes4990991231.4DProduct ListProduct DataSpecialty Finishes5000991231.2ADelegated-Design Submittal StockDelegated-DesignSpecialty Finishes501099123Minutes of Preinstallation ConferenceConferenceSpecialty Finishes50209 9653Elastomeric Coatings5030996531.3AProduct DataProduct DataSpecialty Finishes5040996531.3BShop DrawingsShop DrawingsSpecialty Finishes5050996531.3CSamples:SamplesSpecialty Finishes5060996531.3DQuality Control Submittals:CloseoutsSpecialty Finishes5070996531.4AQualification Data:CloseoutsSpecialty Finishes5080996531.4BRegulatory RequirementsSpecialty Finishes509099653Special Warranty/5 YEARSWarrantySpecialty Finishes510099653Minutes of Preinstallation ConferenceConferenceSpecialty Finishes511Division 10SpecialtiesDivision 1051210 1200Display Cases5131012001.4AProduct DataProduct DataMason Hall & Company5141012001.4BSamplesSamplesMason Hall & Company5151012001.5AProduct Test ReportsReportsMason Hall & Company5161012001.6AMaintenance DataCloseoutsMason Hall & Company517101200Minutes of Preinstallation ConferenceConferenceMason Hall & Company51810 2113.16Plastic-Laminate-Clad Toilet Compartments519102113.161.3AProduct DataProduct DataMason Hall & Company520102113.161.3BShop DrawingsShop DrawingsMason Hall & Company521102113.161.3CSamples for Initial SelectioSamplesMason Hall & Company522102113.161.3DSamples for VerificationSamplesMason Hall & Company523102113.161.4AProduct Certificates: For each type of toilet compartment.CertificationsMason Hall & Company524102113.161.5AMaintenance DataCloseoutsMason Hall & Company525102113.161.6ADelegated-Design Submittal StockDelegated-DesignMason Hall & Company526102113.16Minutes of Preinstallation ConferenceConferenceMason Hall & Company52710 2116Showers5281021161.3AProduct Data.Product dataMason Hall & Company5291021161.3BShop DrawingsShop DrawingsMason Hall & CompanyPage 10 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet5301021161.4AMaintenance DataCloseoutsMason Hall & Company531102116Minutes of Preinstallation ConferenceConferenceMason Hall & Company53210 2600Wall & Door Protection5331026001.3AProduct DataProduct DataMason Hall & Company5341026001.3BShop DrawingsShop DrawingsMason Hall & Company5351026001.3CSamples for Initial Selection .SamplesMason Hall & Company5361026001.3DSamples for Verification: 1. Corner Guards: 12 inches long. 2. Impact-ResistantSamplesMason Hall & Company5371026001.4AQualification Data: For qualified Installer.CloseoutsMason Hall & Company5381026001.4BMaterial CertificatesCertificationsMason Hall & Company5391026001.4CMaterial Test ReportsReportsMason Hall & Company5401026001.4DWarranty: Sample of special warranty.WarrantyMason Hall & Company5411026001.5AMaintenance DataCloseoutsMason Hall & Company542102600Minutes of Preinstallation ConferenceConferenceMason Hall & Company54310 2800Toilet Accessories5441028001.3AProduct DataProduct DataMason Hall & Company5451028001.4AWarranty: Sample of special warranty.WarrantyMason Hall & Company5461028001.5AMaintenance DataCloseoutsMason Hall & Company547102800Special Mirror Warranty/15 YEARSWarrantyMason Hall & Company548102800Minutes of Preinstallation ConferenceConferenceMason Hall & Company54910 3100Manufactured Fireplaces5501031001.3AProduct Data:Product DataMetro House of Fire5511031001.3BShop DrawingsShop DrawingsMetro House of Fire5521031001.4AQuality Control Submittals:SubmittalsMetro House of Fire553103100Minutes of Preinstallation ConferenceConferenceMetro House of Fire55410 4116Emergency Key Cabinets5551041161.3AProduct Data:Product dataMason Hall & Company5561041161.3BShop Drawings:Shop DrawingsMason Hall & Company557104116Minutes of Preinstallation ConferenceConferenceMason Hall & Company55810 4313Defibrillators & Cabinets5591043131.3AProduct Data:Product dataMason Hall & Company5601043131.3BShop Drawings:Shop DrawingsMason Hall & Company5611043131.3CSamples for Initial SelectionSamplesMason Hall & Company5621043131.3DSamples for Verification:SamplesMason Hall & Company5631043131.3EProduct Schedule:ScheduleMason Hall & Company5641043131.4AMaintenance Data:CloseoutsMason Hall & Company565104313Special Defibrillator Warranty/7 YEARSWarrantyMason Hall & Company566104313Special Battery Warranty/4 YEARSWarrantyMason Hall & Company567104313Minutes of Preinstallation ConferenceConferenceMason Hall & Company56810 4413Fire Extinguisher Cabinets5691044131.3AProduct Data:Product DataMason Hall & Company5701044131.3BShop Drawings:Shop DrawingsMason Hall & Company5711044131.3CSamples for VerificationSamplesMason Hall & Company5721044131.4AMaintenance Data:CloseoutsMason Hall & Company573104413Minutes of Preinstallation ConferenceConferenceMason Hall & Company57410 4416Fire Extinguishers5751044161.3AProduct Data:Product DataOwner5761044161.4AOperation and Maintenance Data:CloseoutsOwner577104416Minutes of Preinstallation ConferenceConferenceOwner57810 5113Metal Lockers5791051131.4AProduct Data:Product dataH.E. Hodge Co., Inc.5801051131.4BShop Drawings:Shop DrawingsH.E. Hodge Co., Inc.5811051131.4CSamples for Initial Selection:SamplesH.E. Hodge Co., Inc.5821051131.4DVerification of Conditions:ReportsH.E. Hodge Co., Inc.Page 11 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet5831051131.4EProduct Schedule:ScheduleH.E. Hodge Co., Inc.5841051131.5AQualification Data: For Installer.CloesoutsH.E. Hodge Co., Inc.5851051131.5BSample Warranty: For special warranty.WarrantyH.E. Hodge Co., Inc.5861051131.6AMaintenance Data:CloseoutsH.E. Hodge Co., Inc.5871051131.7ADelegated-Design Submittal StockDelegated-DesignH.E. Hodge Co., Inc.588105113Preinstallation Conference:ConferenceH.E. Hodge Co., Inc.58910 5119Evidence Lockers5901051191.4AProduct Data:Product DataPatterson Pope5911051191.4BShop Drawings:Shop DrawingsPatterson Pope5921051191.4CSamples:SamplesPatterson Pope5931051191.4DProduct Schedule:SchedulePatterson Pope5941051191.5AQualification Data:CloseoutsPatterson Pope5951051191.5BSample WarrantyWarrantyPatterson Pope5961051191.6AMaintenance DataCloseoutsPatterson Pope597105119Preinstallation ConferenceConferencePatterson Pope59810 5613Metal Storage Shelving5991056131.3AProduct DataProduct DataPatterson Pope6001056131.3BShop DrawingsShop DrawingsPatterson Pope6011056131.4AQualification DataCloseoutsPatterson Pope602105613Minutes of Preinstallation ConferenceConferencePatterson Pope60310 5626Mobile Storage Shelving6041056261.4AProduct DataProduct DataPatterson Pope6051056261.4BShop DrawingsShop DrawingsPatterson Pope6061056261.5AQualification Data: For Installer and manufacturer.CloseoutsPatterson Pope6071056261.5BSample Warranty: For manufacturer's special warranty.WarrantyPatterson Pope6081056261.6AMaintenance DataCloseoutsPatterson Pope609105626Minutes of Preinstallation ConferenceConferencePatterson Pope61010 5629Weapon Storage6111056291.3AShop DrawingsShop DrawingsPatterson Pope6121056291.3BDelegated-Design SubmittalProduct DataPatterson Pope6131056291.4AQualification Data: For Installer.CloseoutsPatterson Pope614105629Minutes of Preinstallation ConferenceConferencePatterson Pope61510 7113Exterior Sun Control Devices6161071131.3AProduct DataProduct DataPatterson Pope6171071131.3BShop DrawingsShop DrawingsPatterson Pope6181071131.3CSamples:SamplesPatterson Pope6191071131.4AQuality Control SubmittalsSubmittalsPatterson Pope6201071131.4BMaintenance DataCloseoutsPatterson Pope621107113Special Warranty/10 YEARSWarrantyPatterson Pope622107113Minutes of Preinstallation ConferenceConferencePatterson Pope62310 7500Flagpoles6241075001.4AProduct DataProduct dataBache Architectural6251075001.4BShop DrawingsShop DrawingsBache Architectural6261075001.4CSamples for VerificationSamplesBache Architectural6271075001.5AQualification DataCloseoutsBache Architectural6281075001.6AOperation and Maintenance DataCloseoutsBache Architectural629107500Minutes of Preinstallation ConferenceConferenceBache Architectural630Division 11EquipmentDivision 1163111 1916Detention Gun Lockers6321119161.5AProduct DataProduct DtaPatterson Pope6331119161.5BShop DrawingsShop DrawingsPatterson Pope6341119161.5CSamples for Initial SelectionSamplesPatterson Pope6351119161.6AWelding certificates.CertificationsPatterson PopePage 12 of Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet6361119161.6BExamination reports documenting inspections of substrates, areas, and conditions.ReportsPatterson Pope6371119161.6CAnchor inspection reports documenting inspections of built-in and cast-in anchors.ReportsPatterson Pope638111916Minutes of Preinstallation ConferenceConferencePatterson Pope63911 3100Residential Appliances6401131001.3AProduct DataProduct dataGuy T Gunter & Associates6411131001.3BSamplesSamplesGuy T Gunter & Associates6421131001.3CProduct ScheduleScheduleGuy T Gunter & Associates6431131001.4AQualification Data: For manufacturer.CloseoutsGuy T Gunter & Associates6441131001.4BProduct CertificatesCertificationsGuy T Gunter & Associates6451131001.4CSample Warranties: For manufacturers' special warranties.WarrantyGuy T Gunter & Associates6461131001.5AOperation and Maintenance DataCloseoutsGuy T Gunter & Associates647113100Special Warranties/1 YEARWarrantyGuy T Gunter & Associates648113100Minutes of Preinstallation ConferenceConferenceGuy T Gunter & Associates64911 5315Fuming Chambers6501153151.3AProduct DataProduct DataPatterson Pope6511153151.4AProduct Test ReportsReportsPatterson Pope6521153151.4BSource quality-control reports.CloseoutsPatterson Pope653115315Minutes of Preinstallation ConferenceConferencePatterson Pope654Division 12FurnishingsDivision 1265512 2113Horizontal Louver Blinds6561221131.3AProduct DataProduct DataWindow Solutions, LLC6571221131.3BShop DrawingsShop DrawingsWindow Solutions, LLC6581221131.4AMaintenance DataCloseoutsWindow Solutions, LLC6591221131.5ADelegated-Design Submittal StockDelegated-DesignWindow Solutions, LLC660122113Minutes of Preinstallation ConferenceConferenceWindow Solutions, LLC66112 2413Roller Window Shades6621224131.3AProduct DataProduct DataWindow Solutions, LLC6631224131.3BShop DrawingsShop DrawingsWindow Solutions, LLC6641224131.3CSamples for Initial SelectionSamplesWindow Solutions, LLC6651224131.3DSamples for VerificationSamplesWindow Solutions, LLC6661224131.3ERoller-Shade ScheduleScheduleWindow Solutions, LLC6671224131.4AQualification DataCloseoutsWindow Solutions, LLC6681224131.4BProduct CertificatesCertificationsWindow Solutions, LLC6691224131.4CProduct Test ReportsReportsWindow Solutions, LLC6701224131.5AMaintenance DataCloseoutsWindow Solutions, LLC6711224131.7BMockupsMockupsWindow Solutions, LLC672122413Minutes of Preinstallation ConferenceConferenceWindow Solutions, LLC67312 3530Residential Casework6741235301.5AProduct DataProduct DtaWoodtec Millwork6751235301.5BShop DrawingsShop DrawingsWoodtec Millwork6761235301.5DSamples for Initial SelectionSamplesWoodtec Millwork6771235301.5ESamples for VerificationSamplesWoodtec Millwork6781235301.6AQualification Data: For manufacturer.CloseoutsWoodtec Millwork6791235301.6BProduct CertificatesCertificationsWoodtec Millwork680123530Minutes of Preinstallation ConferenceConferenceWoodtec Millwork68112 3616Metal Countertops6821236161.3AProduct DataProduct DataWoodtec Millwork6831236161.3BShop DrawingsShop DrawingsWoodtec Millwork684123616Minutes of Preinstallation ConferenceConferenceWoodtec Millwork68512 3661Simulated Stone Countertops6861236611.3AProduct DataProduct DataWoodtec Millwork6871236611.3BShop DrawingsShop DrawingsWoodtec Millwork6881236611.3CSamples for Initial SelectionSamplesWoodtec MillworkPage 13 of Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRetD O 6891236611.3DSamples for VerificationSamplesWoodtec Millwork690123661Minutes of Preinstallation ConferenceConferenceWoodtec Millwork691Division 14Conveying EquipmentDivision 1469214 1223.16Machine-Room-Less Traction Passenger Elevators693141223.161.4AProduct DataProduct DataSchindler Elevator694141223.161.4BShop Drawings:Shop DrawingsSchindler Elevator695141223.161.4CSamples for Initial SelectionSamplesSchindler Elevator696141223.161.4DSamples for VerificationSamplesSchindler Elevator697141223.161.5AQualification DataCloseoutsSchindler Elevator698141223.161.5BManufacturer CertificatesCertificationsSchindler Elevator699141223.161.5CSample WarrantyWarrantySchindler Elevator700141223.161.6AOperation and Maintenance DataCloseoutsSchindler Elevator701141223.161.6BInspection and Acceptance Certificates and Operating PermitsReportsSchindler Elevator702141223.161.6CContinuing Maintenance ProposalReportsSchindler Elevator703141223.16Manufacturer's Special Warranty/1 YEARWarrantySchindler Elevator704141223.16Minutes of Preinstallation ConferenceConferenceSchindler Elevator705Division 21Fire SuppressionDivision 2170621 0100General Fire Protection Requirements7072101002.3Complete shop drawings, product data and samplesProduct DataFire & Life Safety America7082101002.4As-built DrawingsShop DrawingsFire & Life Safety America709210100Minutes of Preinstallation ConferenceConferenceFire & Life Safety America71021 0529Hangers & Supports for Fire Suppression Piping & Equipment7112105292.1Product data: see section 2.1Product DataFire & Life Safety America712210529Minutes of Preinstallation ConferenceConferenceFire & Life Safety America71321 1100Fire Protection Systems7142111002.2Product data: see section 2.2Product DataFire & Life Safety America715211100Minutes of Preinstallation ConferenceConferenceFire & Life Safety America716Division 22PlumbingDivision 2271722 0100General Plumbing Requirements7182201002.1Complete shop drawings, product data and samplesShop DrawingsEardleys, Inc.719220100Warranty/ 1 FULL HEATING SEASON & 1 FULL COOLING SEASONWarrantyEardleys, Inc.720220100Minutes of Preinstallation ConferenceConferenceEardleys, Inc.72122 0529Hangers & Supports for Plumbing Piping & equipment7222205292.1Product Data: see section 2.1Product DataEardleys, Inc.723220529Minutes of Preinstallation ConferenceConferenceEardleys, Inc.72422 0553Identification for Piping & Equipment7252205532.1Product Data: see section 2.1Product DataEardleys, Inc.726220553Minutes of Preinstallation ConferenceConferenceEardleys, Inc.72722 0700Plumbing Insulation72822070022.01.00Per Section 22 01 00.Shop DrawingsEardleys, Inc.729220700Product DataProduct DataEardleys, Inc.730220700Minutes of Preinstallation ConferenceConferenceEardleys, Inc.73122 1000Plumbing Piping7322210002.1-2.2Product data : see section 2.1- 2.2Product DataEardleys, Inc.733221000Minutes of Preinstallation ConferenceConferenceEardleys, Inc.73422 1123Plumbing Pumps7352211232.1-2.2Product Data: see section 2.1-2.2Product DataEardleys, Inc.736221123Minutes of Preinstallation ConferenceConferenceEardleys, Inc.73722 3300Electric Domestic Water Heaters & Accessories7382233002.01Product data: See section 2.01Product DataEardleys, Inc.739223300Minutes of Preinstallation ConferenceConferenceEardleys, Inc.74022 4000Plumbing Fixtures7412240002Product Data :See part 2 (see drawings for fixture schedule)Product DataEardleys, Inc.Page 14 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet742224000Minutes of Preinstallation ConferenceConferenceEardleys, Inc.743Division 23HVACDivision 2374423 0100General Mechanical Requirements7452301002.1Product Data: See section 2.1Product DataConditioned Air Systems,746230100Warranty/1 YEARWarrantyConditioned Air Systems,747230100Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,74823 0529Hangers & Support for HVAC Piping & Equipment7492305292.1Product Data: see section 2.1Product dataConditioned Air Systems,750230529Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,75123 0548Vibration Isolation7522305482.1Product Data: see section 2.1Product DataConditioned Air Systems,753230548Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,75423 0553HVAC Equipment & Piping Identifcation7552305532.1-2.3Product Data: see section 2.1-2.3Product dataConditioned Air Systems,756230553Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,75723 0593Testing, Adjusting & Balancing758230593TEST DATAReportsConditioned Air Systems,759230593Test FormsReportsConditioned Air Systems,760230593Preliminary Air testing GeneralReportsConditioned Air Systems,76123 0700HVAC Insulation7622307001.3APer Section 23 01 00.Shop DrawingsConditioned Air Systems,7632323001.3BProduct DataProduct DataConditioned Air Systems,764232300Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,76523 1000Facility Fuel Systems7662310001.3AProduct DataProduct dataUnited Pump & Controls,7672310001.3BShop DrawingsShop DrawingsUnited Pump & Controls,7682310001.4AOperation and Maintenance DataCloseoutsUnited Pump & Controls,769231000Special Warranty/30 YEARSWarrantyUnited Pump & Controls,770231000Minutes of Preinstallation ConferenceConferenceUnited Pump & Controls,77123 2114Valves7722321142.1-2.3Product Data: see section 2.1-2.3Product DataUnited Pump & Controls,773232114Minutes of Preinstallation ConferenceConferenceUnited Pump & Controls,77423 2300Refrigerant piping7752323002.1-2.2Product Data: see section 2.1-2.2Product DataConditioned Air Systems,776232300Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,77723 2316Refrigerant Specialties7782323162.1-2.2Product Data: see section 2.1-2.2Product dataConditioned Air Systems,779232316Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,78023 3000Ductwork7812330001.4AShop DrawingsShop DrawingsConditioned Air Systems,7822330002.1Product Data: see section 2.1Product DataConditioned Air Systems,783233000Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,78423 3300Ductwork Accessories7852333001.4AShop DrawingShop DrawingsConditioned Air Systems,7862333002.1-2.3Product Data: see section 2.1-2.3Product DataConditioned Air Systems,787233300Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,78823 3400Fans & Hoods7892334002.1-2.4Product Data: see section 2.1-2.4Product DataConditioned Air Systems,790233400Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,79123 3516Engine Exhaust Systems7922335161.4AProduct DataProduct DataConditioned Air Systems,7932335161.4BShop DrawingsShop DrawingsConditioned Air Systems,7942335161.5AOperation and Maintenance DataCloseoutsConditioned Air Systems,Page 15 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRetD O 795233516Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,79623 3700Registers, Grilles, & Diffusers7972337002.1Product Data: see section 2.1Product DataConditioned Air Systems,798233700Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,79923 3813Commercial Range Hood Systems8002338131.1BProvide data on hood performance including, but not limited to, hood airflow andShop DrawingsConditioned Air Systems,8012338131.1CProvide shop drawing showing unit dimensions, weight, electrical requirements,Shop DrawingsConditioned Air Systems,8022338131.1DProvide manufacturer’s instructions, indicate installation and supportShop DrawingsConditioned Air Systems,8032338131.1EProvide shop drawing showing unit dimensions, weight, electrical requirements,CloseoutsConditioned Air Systems,8041.1FProvide operation and maintenance procedures; include start-up instructions,Conditioned Air Systems,805233813Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,80623 7400Packaged DX Constant Volume Rooftop Units8072374002.1-2.2Product Data: see section 2.1-2.2Product DataConditioned Air Systems,8082374001.4AShop drawingsShop DrawingsConditioned Air Systems,809237400Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,81023 8126Air Cooled Split System Air Conditioning Units8112381262.1Product Data: see section 2.1Product DataConditioned Air Systems,812238126Shop drawingsShop DrawingsConditioned Air Systems,813238126Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,81423 8127Ductless Air Cooled Split System Air Conditioning Units815238127Warranty/51 YEARSWarrantyConditioned Air Systems,816238127Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,81723 8200Electric Heaters8182382002.1-2.2Product Data: see section 2.1-2.2Product DataConditioned Air Systems,8192382001.4AShop drawingsShop DrawingsConditioned Air Systems,820238200Minutes of Preinstallation ConferenceConferenceConditioned Air Systems,821Division 26ElectricalDivision 2682226 0100General Electrical Requirements823260100Product DataProduct DataLeMay Electric824260100Shop drawingsShop DrawingsLeMay Electric825260100Minutes of Preinstallation ConferenceConferenceLeMay Electric82626 0500Raceways & Wiring - 600 Volt8272605002.1-2.8Product Data: See section 2.1-2.8Product DataLeMay Electric828260500Minutes of Preinstallation ConferenceConferenceLeMay Electric82926 0526Grounding System8302605262.1-2.3Product Data: see section 2.1-2.3Product dataLeMay Electric831260526Provide a report with all resistance readings, calculations and performedReportsLeMay Electric832260526Minutes of Preinstallation ConferenceConferenceLeMay Electric83326 0584Vibration & Seismic Controls834260548Comply with the requirements of the General Conditions and Section 26 00 10ReportsLeMay Electric835260548Minutes of Preinstallation ConferenceConferenceLeMay Electric83626 0550Electrical Identification8372605502.1Product Data: see section 2.1Product dataLeMay Electric838260550Minutes of Preinstallation ConferenceConferenceLeMay Electric83926 0813Testing840260813Product DataProduct DataLeMay Electric841260813Minutes of Preinstallation ConferenceConferenceLeMay Electric84226 2400Service & Distribution - 600 Volt8432624002.1-2.7Product Data: see section 2.1-2.7Product DataLeMay Electric8442624001.2BA ¼” scale dimensioned floor plan shall be provided with the switchgear submittalsShop DrawingsLeMay Electric845262400Minutes of Preinstallation ConferenceConferenceLeMay Electric84626 2700Devices8472627002.1-2.3Product Data: see section 2.1-2.3Product DataLeMay ElectricPage 16 of Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet848262700Minutes of Preinstallation ConferenceConferenceLeMay Electric84926 2900Motor Controls & Wiring8502629002.1Product Data: see section 2.1Product DataLeMay Electric851269000Minutes of Preinstallation ConferenceConferenceLeMay Electric85226 3200Emergency Standby Generator-(Natural Gas)8532632002.12-2.19Product Data: see section 2.1-2.19Product DataLeMay Electric854263200Furnish a comprehensive component list and manufacturer produced data sheetsProduct DataLeMay Electric85526 4304Surge Protective Device8562643042.1-2.2Product Data: see section 2.1-2.2Product dataLeMay Electric8572643041.3APackage must include show drawings complete with all technical information, unitProduct DataLeMay Electric8582643041.3BCopies of Manufacturer’s catalog data, technical information and specifications onReportsLeMay Electric8592643041.3CCopies of documentation stating that the Surge Protection Device is listed by ULReportsLeMay Electric8602643041.3DCopies of actual let through voltage data in the form of oscillograph results for bothReportsLeMay Electric8612643041.3ECopies of Noise Rejection testing as outlined in NEMA LS1-1992 (R2000) SectionReportsLeMay Electric8622643041.3FCopies of test reports from a recognized independent testing laboratory, capableReportsLeMay Electric8632643041.3GCopy of warranty statement clearly establishing the terms and conditions to theWarrantyLeMay Electric864264304Minutes of Preinstallation ConferenceConferenceLeMay Electric86526 5000Lighting8662650001.3ASubmittal DataSubmittalsLeMay Electric867265000Minutes of Preinstallation ConferenceConferenceLeMay Electric868Division 28Electronic Safety & SecurityDivision 2886928 3100Life Safety System8702831002.1-2.3Product Data: see section 2.1-2.3. Provide approved manufacturer fire alarmProduct data871283100Closeout Submittal a. Four (4) copies of the following documents shall beSubmittals8722831002.3AWarranty/ 1 YEARWarranty873283100Minutes of Preinstallation ConferenceConference874Division 31EarthworkDivision 3187531 0001Site Preparation & General Site Work8763100012.1-2.13Product Data: see section 2.1-2.3Product DataWeaver Grading, Inc.877310001Record Drawings: Record active, inactive, relocated, and abandoned utilitiesShop DrawingsWeaver Grading, Inc.87831 0002Site Demolition8793100021.3APhotographs or videotape, sufficiently detailed, of existing conditions of adjoiningReportsWeaver Grading, Inc.8803100021.3BRecords: Receipt & Acceptance of Solid/hazardous Wastes by legal & licensedReportsWeaver Grading, Inc.881310002Minutes of Preinstallation ConferenceConferenceWeaver Grading, Inc.88231 1000Site Clearing88331 1000Minutes of Preinstallation ConferenceConferenceWeaver Grading, Inc.88431 2200Earthwork8853122002.2-2.4Product Data: see section 2.2-2.4Product dataWeaver Grading, Inc.886312200Quantities of stripped and stockpiled topsoil. Provide report within 48 hours ofReportsWeaver Grading, Inc.887312200Shoring, bracing and shielding plans and calculations by a Professional EngineerShop DrawingsWeaver Grading, Inc.888312200Settlement monitoring reports for structural fills.ReportsWeaver Grading, Inc.889312200Backup for unit cost documentation, that may include: 1. Survey and computedReportsWeaver Grading, Inc.890312200Field and laboratory test or quality control results including, but not limited to, theReportsWeaver Grading, Inc.891312200Pre-excavation Photographs or Videotape: Show existing conditions of adjoiningReportsWeaver Grading, Inc.892312200Preinstallation Conference MinutesConferenceWeaver Grading, Inc.89331 2500Erosion & Sedimentation Controls8943125001.3ASchedule of operations: Submit schedule of proposed operations conforming withScheduleWeaver Grading, Inc.8953125001.3BProduct Data: For each type of the following manufactured products requiredProduct DataWeaver Grading, Inc.8963125001.3CSamples: Submit samples of the following items or products prior to incorporatingSamplesWeaver Grading, Inc.897312500Preinstallation Conference MinutesConferenceWeaver Grading, Inc.89831 3116Termite Control8993131161.3AProduct DataProduct Data9003131161.4AQualification Data: For qualified Installer.CloseoutsPage 17 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet9013131161.4BProduct CertificatesCertifications9023131161.4CSoil Treatment Application ReportReport903313116Soil Treatment Special Warranty/5 YEARSWarranty904313116Minutes of Preinstallation ConferenceMinutes905Division 32Exterior ImprovementsDivision 3290632 0115Flexible & Rigid Paving Repair9073201151.2AProduct dataProduct DataPKS Paving9083201151.2BShop Drawings indicating extents of areas to be repaired.Shop DrawingsPKS Paving909320115Minutes of Preinstallation ConferenceConferencePKS Paving91032 0500Common Works for Exterior Improvements9113205001.3AProduct data for material proposed for the work.Product DataPKS Paving9123205001.3BCopies of all soil testing resultsReportsPKS Paving913320500Minutes of Preinstallation ConferenceConferencePKS Paving91432 1200Flexible Paving9153212001.3AProduct data for materials, including but not limited to: traffic paint, thermoplasticProduct DataPKS Paving9163212001.3BMix Formula for all asphalt concrete mixtures which includes the followingMix DesignsPKS Paving9173212001.3CCopy of pavement warranty and maintenance agreement for review by the DesignWarrantyPKS Paving918321200Minutes of Preinstallation ConferenceConferencePKS Paving91932 1301Rigid Paving & Site Concrete9203213011.3AProduct data for materials, including but not limited to: cementitious material,Product dataPKS Paving9213213011.3BConcrete mix designs or job mix formulas for each proposed concrete mixture,Mix DesignsPKS Paving9223213011.3CShop Drawings: FOr ADA Detectible warning stripsShop DrawingsPKS Paving923321301Minutes of Preinstallation ConferenceConferencePKS Paving92432 3300Site Furnishings9253233001.3AProduct DataProduct DataWeaver Grading9263233001.3BProduct ScheduleScheduleWeaver Grading927323300Minutes of Preinstallation ConferenceConferenceWeaver Grading92832 8400Underground Irrigation System9293284001.3AProduct DataProduct DataProperty Masters9303284001.3BShop Drawings & Equipment ProductShop DrawingsProperty Masters9313284001.3CRecord Drawings & InstructionsReportsProperty Masters932328400Minutes of Preinstallation ConferenceConference93332 9000Planting9343290001.2AProduct DataProduct DataProperty Masters9353290001.2BSamples for VerificationSamplesProperty Masters9363290001.2CCertificationsCertificationsProperty Masters9373290001.2DCopies of laboratory results for soil testing.ReportsProperty Masters9383290001.2ENotice for Design Professional inspection of plants for Acceptance.ReportProperty Masters9393290001.2FWritten plant maintenance instructions to the Owner, prior to the plant guaranteeInstructionProperty Masters9403290001.2GUpdated plant maintenance instructions to the Owner, during the GuaranteeInstructionProperty Masters941329000Minutes of Preinstallation ConferenceConference94232 9200Turf & Grasses9433292001.3AProduct DataProduct DataProperty Masters9443292001.3BSubcontractor QualificationsCertificationsProperty Masters9453292001.3CManufacturer's CertificatesCertificationsProperty Masters9463292001.3DLab Test ResultsReportsProperty Masters947329200Minutes of Preinstallation ConferenceConference948Division 33UtilitiesDivision 3394933 1100Water Utility Distribution Piping9503311001.3AProduct dataProduct DataWeaver Grading, Inc.9513311001.3BAs-builtsAs-builtsWeaver Grading, Inc.9523311001.3CCertifications for Pressure TestingCertificationsWeaver Grading, Inc.9533311001.3DCertifications of disinfection of all potable water pipingCertificationsWeaver Grading, Inc.Page 18 of Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SECTIONSUBMITTALNO.REV #SECTION/SUBMITTAL NAMETYPESubcontractorSubRet954331100Minutes of Preinstallation ConferenceConferenceWeaver Grading, Inc.95533 3000Sanitary Utility Sewerage9563330001.3AProduct DataProduct DataWeaver Grading, Inc.9573330001.3BShop DrawingsShop DrawingsWeaver Grading, Inc.9583330001.3CReportsReportsWeaver Grading, Inc.9593330001.3DAs-Built DrawingsAs-Built DrawingsWeaver Grading, Inc.9603330001.3EVideo InspectionReportsWeaver Grading, Inc.961333000Minutes of Preinstallation ConferenceConferenceWeaver Grading, Inc.96233 4000Storm Drainage Utilities9633340001.3AProduct informationProduct DataWeaver Grading, Inc.9643340001.3BShop Drawings: Structures .Shop DrawingsWeaver Grading, Inc.9653340001.3CRecord DrawingsRecord DrawingsWeaver Grading, Inc.966334000Minutes of Preinstallation ConferenceConferenceWeaver Grading, Inc.96733 4600Subdrainage9683346001.4AProduct DataProduct DataWeaver Grading, Inc.9693346001.4BInstallation InstructionReportsWeaver Grading, Inc.9703346001.4CSamplesSamplesWeaver Grading, Inc.9713346001.4DProject record documentsReportsWeaver Grading, Inc.972334600Minutes of Preinstallation ConferenceConferenceWeaver Grading, Inc.973Page 19 Exported on June 24, 2019 3:49:41 PM EDTSCHEDULE E - SUBMITTAL APPROVAL SCHEDULE SCHEDULE F COMPONENT CHANGE ORDER SCHEDULE 06/24/2019 Total CCO #01 - $ Building Total $ Total $ GMP Totals $ SCHEDULE F - CCO SCHEDULE Milton Project N/A N/A SAMPLE - NO CCO's AS OF GMP CHANGE ORDER SCHEDULE G CONSTRUCTION PROGRESS SCHEDULE ID Task Name5-Spec Start Finish1MILTON CITY HALL POLICE & FIRETue 2/5/19Fri 8/7/202MILESTONESTue 2/5/19Fri 8/7/203Schedule Start00 00 00Tue 2/5/19Tue 2/5/194GMP Executed00 70 00Mon 7/8/19Mon 7/8/195Construction Start01 11 00Wed 8/7/19Wed 8/7/196Courthouse & Police Pad Ready01 11 00Fri 9/20/19Fri 9/20/197Fire Station Pad Ready01 11 00Fri 9/27/19Fri 9/27/198Material Completion01 11 00Thu 7/9/20Thu 7/9/209Fire Station #44 & Admin Building Acceptance01 11 00Wed 7/1/20Wed 7/1/2010Police Station & Municipal Court Building Acceptance01 11 00Thu 7/16/20Thu 7/16/2011Final Completion / Owner Move-in01 11 00Fri 8/7/20Fri 8/7/2012SCHOOL HOLIDAYSMon 8/12/19Fri 5/22/2013School Start 08/12/1901 14 00Mon 8/12/19Mon 8/12/1914Labor Day 09/02/1901 14 00Mon 9/2/19Mon 9/2/1915Teacher Work Day Friday 10/11/1901 14 00Fri 10/11/19Fri 10/11/1916Columbus Day 10/14/1901 14 00Mon 10/14/19Mon 10/14/1917Thanksgiving 11/25/19 - 11/29/1901 14 00Mon 11/25/19Fri 11/29/1918Last Day of 1st Semester 12/20/1901 14 00Fri 12/20/19Fri 12/20/19191st Day of 2nd Semester 01/06/2001 14 00Mon 1/6/20Mon 1/6/2020Martin Luther King Day 01/20/2001 14 00Mon 1/20/20Mon 1/20/2021President's Day 02/17/2001 14 00Mon 2/17/20Mon 2/17/2022Teacher Work Day 03/13/2001 14 00Fri 3/13/20Fri 3/13/2023Spring Break 04/06/20 - 04/10/2001 14 00Mon 4/6/20Fri 4/10/2024Last Day of School 05/22/2001 14 00Fri 5/22/20Fri 5/22/2025PRECONSTRUCTION & DESIGNTue 2/5/19Fri 5/1/2026Site PackageTue 2/5/19Wed 6/5/1927100% Civil/Site Package Issued for Building Permit00 70 00Tue 2/5/19Mon 3/4/1928Pricing00 70 00Tue 3/5/19Mon 3/25/1929Approval & Release 00 70 00Mon 4/15/19Wed 6/5/1930CD GMP DevelopmentFri 3/8/19Mon 7/8/1931GMP Drawings Issued00 70 00Fri 3/8/19Fri 3/8/1932Bid Solicitation & GMP00 70 00Mon 3/11/19Fri 4/12/1933Internal GMP Review00 70 00Mon 4/15/19Mon 4/22/1934Budget Reconciliation VE Opportunity00 70 00Tue 4/23/19Wed 5/29/1935Owner/Architect VE Review00 70 00Thu 5/30/19Fri 6/14/1936GMP Pricing - Owner Approval(LOI)00 70 00Mon 7/1/19Mon 7/1/1937GMP Executed00 70 00Mon 7/8/19Mon 7/8/1938PERMITTINGTue 3/5/19Mon 5/6/1939LDP Permit01 41 00Tue 3/5/19Mon 5/6/1940City Review & Approval01 41 00Sat 3/9/19Fri 4/19/1941PROJECT BUYOUTTue 7/9/19Mon 8/19/1942INITIAL CONTRACTSTue 7/9/19Mon 8/19/1943Sitework, Concrete, Steel, Masonry01 31 00Tue 7/9/19Mon 7/22/1944Mechanical, Electrical, Plumbing01 31 00Tue 7/23/19Mon 8/5/1945Millwork, Elevators, Doors, Glass & Glazing, Roofing01 31 00Tue 8/6/19Mon 8/19/1946PROCUREMENTTue 7/9/19Fri 5/1/2047SITEWORKTue 7/9/19Wed 8/7/1948Submittals & Shop Drawings - Sitework02 56 00Tue 7/9/19Tue 7/16/1949Submittal Review & Approval - Sitework02 56 00Wed 7/17/19Thu 8/1/1950Mobilization & Site Procurement - Sitework02 56 00Fri 8/2/19Wed 8/7/1951CONCRETEThu 7/18/19Mon 9/30/1952Submittals & Shop Drawings - Concrete03 00 00Thu 7/18/19Wed 8/14/1953Submittal Review & Approval - Concrete03 00 00Thu 8/15/19Wed 8/28/1954Fab & Deliver - Concrete03 00 00Thu 8/29/19Mon 9/30/1955MASONRYFri 7/19/19Tue 10/15/1956Submittals & Shop Drawings - Masonry04 00 00Fri 7/19/19Thu 8/15/1957Submittal Review & Approval - Masonry04 00 00Fri 8/16/19Thu 8/29/1958Fab & Deliver - Masonry04 00 00Fri 8/30/19Tue 10/15/1959STEELFri 7/19/19Tue 10/29/19MILTON CITY HALL POLICE & FIREMILESTONESSchedule StartGMP ExecutedConstruction StartCourthouse & Police Pad ReadyFire Station Pad ReadyMaterial CompletionFire Station #44 & Admin Building AcceptancePolice Station & Municipal Court Building AcceptanceFinal Completion / Owner Move-inSCHOOL HOLIDAYSSchool Start 08/12/19Labor Day 09/02/19Teacher Work Day Friday 10/11/19Columbus Day 10/14/19Thanksgiving 11/25/19 - 11/29/19Last Day of 1st Semester 12/20/191st Day of 2nd Semester 01/06/20Martin Luther King Day 01/20/20President's Day 02/17/20Teacher Work Day 03/13/20Spring Break 04/06/20 - 04/10/20Last Day of School 05/22/20PRECONSTRUCTION & DESIGNSite Package100% Civil/Site Package Issued for Building PermitPricingApproval & Release CD GMP DevelopmentGMP Drawings IssuedBid Solicitation & GMPInternal GMP ReviewBudget Reconciliation VE OpportunityOwner/Architect VE ReviewGMP Pricing - Owner Approval(LOI)GMP ExecutedPERMITTINGLDP PermitCity Review & ApprovalPROJECT BUYOUTINITIAL CONTRACTSSitework, Concrete, Steel, MasonryMechanical, Electrical, PlumbingMillwork, Elevators, Doors, Glass & Glazing, RoofingPROCUREMENTSITEWORKSubmittals & Shop Drawings - SiteworkSubmittal Review & Approval - SiteworkMobilization & Site Procurement - SiteworkCONCRETESubmittals & Shop Drawings - ConcreteSubmittal Review & Approval - ConcreteFab & Deliver - ConcreteMASONRYSubmittals & Shop Drawings - MasonrySubmittal Review & Approval - MasonryFab & Deliver - MasonrySTEELJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 1 of 7 SCHEDULE G ID Task Name5-Spec Start Finish60Courthouse & Police Station: Submittals & Shop Drawings - Steel(Includes Stair)05 10 00Fri 7/19/19Thu 8/29/1961Courthouse & Police Station: Submittal Review & Approval - Steel05 10 00Fri 8/30/19Tue 9/17/1962Courthouse & Police Station: Fab & Deliver - Steel05 10 00Wed 9/18/19Tue 10/22/1963Fire Station: Submittals & Shop Drawings - Steel05 10 00Fri 7/26/19Tue 9/10/1964Fire Station: Submittal Review & Approval - Steel05 10 00Wed 9/11/19Tue 9/24/1965Fire Station: Fab & Deliver - Steel05 10 00Wed 9/25/19Tue 10/29/1966MILLWORKMon 9/30/19Fri 3/20/2067Executed Subcontract - Millwork06 20 00Mon 9/30/19Mon 9/30/1968Courthouse & Police Station: Submittals & Shop Drawings - Millwork06 20 00Mon 9/30/19Tue 12/10/1969Courthouse & Police Station: Submittal Review & Approval - Millwork06 20 00Wed 12/11/19Thu 12/26/1970Courthouse & Police Station: Fab & Deliver - Millwork06 20 00Fri 12/27/19Fri 3/20/2071Fire Station: Submittals & Shop Drawings - Millwork06 20 00Mon 9/30/19Tue 12/10/1972Fire Station: Submittal Review & Approval - Millwork06 20 00Wed 12/11/19Thu 12/26/1973Fire Station: Fab & Deliver - Millwork06 20 00Fri 12/27/19Fri 2/21/2074ROOFINGMon 9/30/19Thu 12/26/1975Executed Subcontract - Roofing07 50 00Mon 9/30/19Mon 9/30/1976Submittals & Shop Drawings - Roofing07 50 00Mon 9/30/19Fri 10/25/1977Submittal Review & Approval - Roofing07 50 00Mon 10/28/19Fri 11/8/1978Fab & Deliver - Roofing07 50 00Mon 11/11/19Thu 12/26/1979DOORS & HARDWAREMon 9/30/19Fri 1/10/2080Executed Subcontract - Doors & Hardware08 00 00Mon 9/30/19Mon 9/30/1981Submittals & Shop Drawings - Doors & Hardware08 00 00Mon 9/30/19Fri 11/8/1982Submittal Review & Approval - Doors & Hardware08 00 00Mon 11/11/19Tue 11/26/1983Fab & Deliver - Doors & Hardware08 00 00Wed 11/27/19Fri 1/10/2084GLASS & GLAZINGMon 9/30/19Fri 3/13/2085Executed Subcontract - Glass & Glazing08 80 00Mon 9/30/19Mon 9/30/1986Submittals & Shop Drawings - Glass & Glazing08 80 00Mon 9/30/19Fri 11/8/1987Submittal Review & Approval - Glass & Glazing08 80 00Mon 11/11/19Tue 12/3/1988Fab & Deliver - Glass & Glazing08 80 00Wed 12/4/19Fri 3/13/2089ELEVATORSWed 10/30/19Mon 3/2/2090Executed Subcontract - Elevators14 20 00Wed 10/30/19Wed 10/30/1991Submittals & Shop Drawings - Elevators14 20 00Wed 10/30/19Thu 11/28/1992Submittal Review & Approval - Elevators14 20 00Fri 11/29/19Wed 12/18/1993Fab & Deliver - Elevators14 20 00Thu 12/19/19Mon 3/2/2094PLUMBINGMon 8/5/19Thu 10/10/1995Executed Subcontract - PLBG22 00 00Mon 8/5/19Mon 8/5/1996Submittals & Shop Drawings - PLBG22 00 00Tue 8/6/19Thu 9/5/1997Submittal Review & Approval - PLBG22 00 00Fri 9/6/19Thu 9/19/1998Fab & Deliver - PLBG22 00 00Fri 9/20/19Thu 10/10/1999HVACMon 9/30/19Fri 2/21/20100Executed Subcontract - HVAC23 00 00Mon 9/30/19Mon 9/30/19101Courthouse & Police Station: Submittals & Shop Drawings - HVAC23 00 00Mon 9/30/19Fri 11/8/19102Courthouse & Police Station: Submittal Review & Approval - HVAC23 00 00Mon 11/11/19Tue 11/26/19103Courthouse & Police Station: Fab & Deliver - HVAC23 00 00Wed 11/27/19Fri 1/10/20104Fire Station: Submittals & Shop Drawings - HVAC23 00 00Mon 11/11/19Thu 12/26/19105Fire Station: Submittal Review & Approval - HVAC23 00 00Fri 12/27/19Fri 1/10/20106Fire Station: Fab & Deliver - HVAC23 00 00Mon 1/13/20Fri 2/21/20107ELECTRICALMon 9/30/19Fri 5/1/20108Executed Subcontract - Electrical26 00 00Mon 9/30/19Mon 9/30/19109Submittals & Shop Drawings - Electrical Panels & Transformers26 00 00Mon 9/30/19Fri 10/25/19110Submittal Review & Approval - Electrical Panels & Transformers26 00 00Mon 10/28/19Fri 11/8/19Courthouse & Police Station: Submittals & Shop Drawings - Steel (Includes Stair)Courthouse & Police Station: Submittal Review & Approval - SteelCourthouse & Police Station: Fab & Deliver - SteelFire Station: Submittals & Shop Drawings - SteelFire Station: Submittal Review & Approval - SteelFire Station: Fab & Deliver - SteelMILLWORKExecuted Subcontract - MillworkCourthouse & Police Station: Submittals & Shop Drawings - MillworkCourthouse & Police Station: Submittal Review & Approval - MillworkCourthouse & Police Station: Fab & Deliver - MillworkFire Station: Submittals & Shop Drawings - MillworkFire Station: Submittal Review & Approval - MillworkFire Station: Fab & Deliver - MillworkROOFINGExecuted Subcontract - RoofingSubmittals & Shop Drawings - RoofingSubmittal Review & Approval - RoofingFab & Deliver - RoofingDOORS & HARDWAREExecuted Subcontract - Doors & HardwareSubmittals & Shop Drawings - Doors & HardwareSubmittal Review & Approval - Doors & HardwareFab & Deliver - Doors & HardwareGLASS & GLAZINGExecuted Subcontract - Glass & GlazingSubmittals & Shop Drawings - Glass & GlazingSubmittal Review & Approval - Glass & GlazingFab & Deliver - Glass & GlazingELEVATORSExecuted Subcontract - ElevatorsSubmittals & Shop Drawings - ElevatorsSubmittal Review & Approval - ElevatorsFab & Deliver - ElevatorsPLUMBINGExecuted Subcontract - PLBGSubmittals & Shop Drawings - PLBGSubmittal Review & Approval - PLBGFab & Deliver - PLBGHVACExecuted Subcontract - HVACCourthouse & Police Station: Submittals & Shop Drawings - HVACCourthouse & Police Station: Submittal Review & Approval - HVACCourthouse & Police Station: Fab & Deliver - HVACFire Station: Submittals & Shop Drawings - HVACFire Station: Submittal Review & Approval - HVACFire Station: Fab & Deliver - HVACELECTRICALExecuted Subcontract - ElectricalSubmittals & Shop Drawings - Electrical Panels & TransformersSubmittal Review & Approval - Electrical Panels & TransformersJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 2 of 7 SCHEDULE G ID Task Name5-Spec Start Finish111Fab & Deliver - Electrical Panels & Transformers26 00 00Mon 11/11/19Fri 3/20/20112Submittals & Shop Drawings - Electrical Emergency Generators26 00 00Mon 9/30/19Fri 10/25/19113Submittal Review & Approval - Electrical Emergency Generators26 00 00Mon 10/28/19Fri 11/8/19114Fab & Deliver - Electrical Emergency Generators26 00 00Mon 11/11/19Fri 2/28/20115Submittals & Shop Drawings - Electrical26 00 00Mon 9/30/19Fri 10/25/19116Submittal Review & Approval - Electrical26 00 00Mon 10/28/19Fri 11/8/19117Fab & Deliver - Electrical26 00 00Mon 11/11/19Thu 12/26/19118LIGHTINGMon 9/30/19Fri 5/1/20119Courthouse & Police Station: Submittals & Shop Drawings - Lighting 26 00 00Mon 9/30/19Fri 11/8/19120Courthouse & Police Station: Submittal Review & Approval - Lighting26 00 00Mon 11/11/19Tue 11/26/19121Courthouse & Police Station: Fab & Deliver - Lighting26 00 00Wed 11/27/19Fri 4/3/20122Fire Station: Submittals & Shop Drawings - Lighting 26 00 00Mon 11/11/19Thu 12/26/19123Fire Station: Submittal Review & Approval - Lighting26 00 00Fri 12/27/19Fri 1/10/20124Fire Station: Fab & Deliver - Lighting26 00 00Mon 1/13/20Fri 5/1/20125CONSTRUCTIONWed 7/10/19Tue 7/7/20126SITEWORKWed 7/10/19Wed 5/20/20127Mobilization & Site Procurement01 71 13Wed 7/10/19Wed 8/7/19128Selective Tree Demolition31 10 00Mon 8/12/19Fri 8/16/19129Erosion Control & Detention PondsWed 8/7/19Wed 10/2/19130Initial Plan02 56 00Wed 8/7/19Tue 8/13/19131Intermediate A02 56 00Wed 8/14/19Fri 8/16/19132Intermediate B02 56 00Mon 8/19/19Tue 8/20/19133Final Plan02 56 00Mon 9/30/19Wed 10/2/19134Grading31 10 00Wed 8/21/19Fri 9/27/19135Underground Storm & Detention Vault33 40 00Wed 8/28/19Fri 9/27/19136Excavation of Basement31 10 00Mon 9/9/19Fri 9/20/19137UtilitiesMon 9/30/19Wed 5/20/20138Storm Water System33 40 00Mon 9/30/19Fri 10/11/19139Sanitary Sewer33 30 00Mon 10/7/19Fri 10/18/19140Domestic WaterMon 10/21/19Fri 11/1/19141Domestic Water - Courthouse & Police Station33 10 00Mon 10/21/19Fri 10/25/19142Domestic Water - Fire Station33 10 00Mon 10/28/19Fri 11/1/19143Fire Water Distribution33 10 00Mon 11/4/19Fri 11/15/19144Remaining Underground Storm33 40 00Mon 11/18/19Tue 12/3/19145Water Vault33 10 00Wed 11/27/19Tue 12/3/19146Flush, Pressure & Chlorination Test33 40 00Wed 12/4/19Tue 12/17/19147City Water Tap33 10 00Tue 5/19/20Wed 5/20/20148Curb & Binder - West32 10 00Mon 9/30/19Fri 10/4/19149COURTHOUSE & POLICE STATIONMon 9/30/19Thu 7/2/20150FOUNDATIONSMon 9/30/19Fri 11/1/19151Spread & Retaining Wall Footings03 00 00Mon 9/30/19Fri 10/11/19152Elevator Pit & WP/Backfill (Drain Included)03 00 00Mon 9/30/19Fri 10/18/19153Retaining Wall G.1 to G.5Mon 10/7/19Fri 11/1/19154East & Stair Retaining Walls03 00 00Mon 10/7/19Fri 10/11/19155South Retaining Walls03 00 00Mon 10/14/19Fri 10/18/19156West Retaining Walls03 00 00Mon 10/21/19Fri 10/25/19157North Retaining Walls03 00 00Mon 10/28/19Fri 11/1/19158LEVEL B SLAB ON GRADEFri 10/11/19Tue 11/12/19159Underground MEP2x xx xxFri 10/11/19Thu 10/17/19160Inspect & Backfill2x xx xxFri 10/18/19Mon 10/21/19161Slab Prep03 00 00Mon 11/4/19Fri 11/8/19162Inspect & Pour03 00 00Mon 11/11/19Tue 11/12/19163STRUCTUREWed 11/13/19Wed 4/22/20164Steel Columns & Beams05 10 00Wed 11/13/19Thu 12/5/19165Joist & Decking05 20 00Fri 12/6/19Thu 12/19/19Fab & Deliver - Electrical Panels & TransformersSubmittals & Shop Drawings - Electrical Emergency GeneratorsSubmittal Review & Approval - Electrical Emergency GeneratorsFab & Deliver - Electrical Emergency GeneratorsSubmittals & Shop Drawings - ElectricalSubmittal Review & Approval - ElectricalFab & Deliver - ElectricalLIGHTINGCourthouse & Police Station: Submittals & Shop Drawings - Lighting Courthouse & Police Station: Submittal Review & Approval - LightingCourthouse & Police Station: Fab & Deliver - LightingFire Station: Submittals & Shop Drawings - Lighting Fire Station: Submittal Review & Approval - LightingFire Station: Fab & Deliver - LightingCONSTRUCTIONSITEWORKMobilization & Site ProcurementSelective Tree DemolitionErosion Control & Detention PondsInitial PlanIntermediate AIntermediate BFinal PlanGradingUnderground Storm & Detention VaultExcavation of BasementUtilitiesStorm Water SystemSanitary SewerDomestic WaterDomestic Water - Courthouse & Police StationDomestic Water - Fire StationFire Water DistributionRemaining Underground StormWater VaultFlush, Pressure & Chlorination TestCity Water TapCurb & Binder - WestCOURTHOUSE & POLICE STATIONFOUNDATIONSSpread & Retaining Wall FootingsElevator Pit & WP/Backfill (Drain Included)Retaining Wall G.1 to G.5East & Stair Retaining WallsSouth Retaining WallsWest Retaining WallsNorth Retaining WallsLEVEL B SLAB ON GRADEUnderground MEPInspect & BackfillSlab PrepInspect & PourSTRUCTURESteel Columns & BeamsJoist & DeckingJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 3 of 7 SCHEDULE G ID Task Name5-Spec Start Finish166Install Police Interior Stair05 50 00Fri 12/20/19Mon 12/30/19167Detailing05 10 00Fri 12/13/19Mon 12/30/19168Stair Railing with Steel Mesh05 50 00Mon 4/20/20Wed 4/22/20169SLAB ON DECKTue 12/31/19Thu 1/9/20170Slab Prep03 00 00Tue 12/31/19Tue 1/7/20171Inspect & Pour03 00 00Wed 1/8/20Thu 1/9/20172LEVEL 1 SLAB ON GRADEFri 12/20/19Mon 1/20/20173 Backfill Retaining Walls31 10 00Fri 12/20/19Mon 12/30/19174Underground MEP2x xx xxTue 12/31/19Tue 1/7/20175Inspect & Backfill2x xx xxWed 1/8/20Thu 1/9/20176Slab Prep03 00 00Fri 1/10/20Thu 1/16/20177Inspect & Pour03 00 00Fri 1/17/20Mon 1/20/20178EXTERIOR SKINSTue 12/31/19Thu 5/7/20179Parapet FramingTue 12/31/19Fri 1/10/20180Low Roof Parapet Framing05 40 00Tue 12/31/19Tue 1/7/20181High Roof Parapet Framing05 40 00Wed 1/8/20Fri 1/10/20182Roof Drains (4)22 10 00Tue 12/31/19Thu 1/2/20183Roofing07 50 00Mon 1/13/20Fri 1/24/20184Exterior Framing & Sheathing05 40 00Fri 1/10/20Thu 3/5/20185Air Barrier07 25 00Fri 2/21/20Thu 3/12/20186Windows/Doors08 50 00Mon 3/16/20Fri 4/3/20187Brick04 70 00Fri 2/28/20Thu 4/9/20188Fiber Cement Panel Cladding07 40 00Fri 2/28/20Thu 3/26/20189Remaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)07 70 00Fri 4/10/20Thu 5/7/20190LEVEL B ROUGH INS & FINISHESTue 1/14/20Mon 6/8/20191Layout Walls & Top Track05 40 00Tue 1/14/20Wed 1/15/20192Door Frames Onsite08 10 00Tue 1/14/20Tue 1/14/20193CMU Walls04 20 00Thu 1/16/20Wed 1/29/20194HVAC Overhead Rough-Ins23 00 00Tue 1/14/20Mon 1/27/20195Electrical Overhead Rough-Ins26 00 00Tue 1/21/20Mon 2/3/20196Plumbing Overhead Rough-Ins22 00 00Tue 1/28/20Mon 2/10/20197Fire Sprinkler Overhead Rough-Ins21 00 00Tue 2/4/20Mon 2/17/20198Frame Walls & Ceilings / Blocking / Steel 05 40 00Tue 2/11/20Wed 2/26/20199In Wall Rough-In 2x xx xxMon 2/17/20Tue 3/3/20200In Wall Inspections2x xx xxWed 3/4/20Thu 3/5/20201Wall Insulation07 20 00Fri 3/6/20Thu 3/12/20202Hang Walls & Ceilings09 20 00Mon 4/6/20Fri 4/10/20203Install Electrical Panels & Transformers26 00 00Mon 4/13/20Fri 4/24/20204Tape, & Finish Walls & Ceilings09 20 00Thu 4/9/20Fri 4/17/20205Prime & 1st Paint Walls & Ceilings09 90 00Thu 4/23/20Mon 4/27/20206Ceiling Grid09 50 00Fri 4/24/20Thu 4/30/20207MEP Trims2x xx xxTue 4/28/20Mon 5/4/20208Offices & Open AreasTue 5/5/20Mon 6/8/20209Lights On26 00 00Tue 5/5/20Tue 5/5/20210Touch Up09 90 00Wed 5/6/20Thu 5/7/20211Millwork06 20 00Fri 5/8/20Thu 5/14/20212Final Paint09 90 00Fri 5/15/20Thu 5/21/20213Flooring09 60 00Fri 5/22/20Thu 5/28/20214Doors 08 10 00Tue 5/26/20Wed 5/27/20215Paint Doors09 90 00Wed 5/27/20Fri 5/29/20216Accessories & Shades12 20 00Thu 5/28/20Mon 6/1/20217Hardware08 70 00Mon 6/1/20Wed 6/3/20218Final Clean01 74 00Tue 6/2/20Mon 6/8/20219Restrooms Tue 4/28/20Fri 5/15/20220Floor & Wall Tile09 30 00Tue 4/28/20Thu 5/7/20221Vanity Tops06 20 00Fri 5/8/20Mon 5/11/20222Plumbing Fixtures22 40 00Tue 5/12/20Wed 5/13/20223Partitions, Screens, & Accessories10 20 00Thu 5/14/20Fri 5/15/20224LEVEL 1 ROUGH INS & FINISHESMon 1/27/20Thu 7/2/20225Layout Walls & Top Track05 40 00Mon 1/27/20Tue 1/28/20Install Police Interior StairDetailingStair Railing with Steel MeshSLAB ON DECKSlab PrepInspect & PourLEVEL 1 SLAB ON GRADE Backfill Retaining WallsUnderground MEPInspect & BackfillSlab PrepInspect & PourEXTERIOR SKINSParapet FramingLow Roof Parapet FramingHigh Roof Parapet FramingRoof Drains (4)RoofingExterior Framing & SheathingAir BarrierWindows/DoorsBrickFiber Cement Panel CladdingRemaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)LEVEL B ROUGH INS & FINISHESLayout Walls & Top TrackDoor Frames OnsiteCMU WallsHVAC Overhead Rough-InsElectrical Overhead Rough-InsPlumbing Overhead Rough-InsFire Sprinkler Overhead Rough-InsFrame Walls & Ceilings / Blocking / Steel In Wall Rough-In In Wall InspectionsWall InsulationHang Walls & CeilingsInstall Electrical Panels & TransformersTape, & Finish Walls & CeilingsPrime & 1st Paint Walls & CeilingsCeiling GridMEP TrimsOffices & Open AreasLights OnTouch UpMillworkFinal PaintFlooringDoors Paint DoorsAccessories & ShadesHardwareFinal CleanRestrooms Floor & Wall TileVanity TopsPlumbing FixturesPartitions, Screens, & AccessoriesLEVEL 1 ROUGH INS & FINISHESLayout Walls & Top TrackJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 4 of 7 SCHEDULE G ID Task Name5-Spec Start Finish226Door Frames Onsite08 10 00Mon 1/27/20Mon 1/27/20227HVAC Overhead Rough-Ins23 00 00Mon 1/27/20Fri 2/14/20228Electrical Overhead Rough-Ins26 00 00Mon 2/3/20Fri 2/21/20229Plumbing Overhead Rough-Ins22 00 00Mon 2/10/20Fri 2/28/20230Fire Sprinkler Overhead Rough-Ins21 00 00Mon 2/17/20Fri 3/6/20231Frame Walls & Soffits / Blocking / Steel 05 40 00Mon 2/24/20Tue 3/10/20232In Wall Rough-In 2x xx xxMon 3/2/20Fri 3/13/20233In Wall Inspections2x xx xxMon 3/16/20Tue 3/17/20234Wall Insulation07 20 00Wed 3/18/20Tue 3/24/20235Hang Walls09 20 00Fri 3/20/20Fri 3/27/20236Tape, & Finish Walls09 20 00Wed 3/25/20Tue 4/7/20237Prime & 1st Paint 09 90 00Wed 4/8/20Fri 4/10/20238Hard Ceiling Framing 05 40 00Mon 3/30/20Fri 4/3/20239Hard Ceiling MEPF & FA Rough In2x xx xxTue 3/31/20Mon 4/6/20240Hard Ceiling Inspection2x xx xxTue 4/7/20Thu 4/9/20241Hard Ceiling Drywall Hang & Finish09 20 00Fri 4/10/20Thu 4/23/20242Hard Ceiling Prime & 1st Paint 09 90 00Fri 4/24/20Tue 4/28/20243Ceiling Grid09 50 00Thu 4/9/20Wed 4/22/20244Ceiling Grid MEP Trims2x xx xxThu 4/16/20Wed 5/6/20245Restrooms Wed 4/29/20Mon 5/18/20246Floor & Wall Tile09 30 00Wed 4/29/20Fri 5/8/20247Vanity Tops06 20 00Mon 5/11/20Tue 5/12/20248Plumbing Fixtures22 40 00Wed 5/13/20Thu 5/14/20249Partitions, Screens, & Accessories10 20 00Fri 5/15/20Mon 5/18/20250Court Room Thu 5/7/20Fri 6/19/20251Lights On26 00 00Thu 5/7/20Thu 5/7/20252Touch Up09 90 00Fri 5/8/20Mon 5/11/20253Millwork06 20 00Tue 5/12/20Mon 6/1/20254Final Paint09 90 00Tue 6/2/20Mon 6/8/20255Flooring09 60 00Tue 6/9/20Mon 6/15/20256Doors 08 10 00Thu 6/11/20Fri 6/12/20257Paint Doors09 90 00Fri 6/12/20Tue 6/16/20258Accessories & Shades12 20 00Mon 6/15/20Wed 6/17/20259Hardware08 70 00Wed 6/17/20Fri 6/19/20260Final Clean01 74 00Mon 6/15/20Fri 6/19/20261PoliceFri 5/15/20Thu 7/2/20262Lights On26 00 00Fri 5/15/20Fri 5/15/20263Touch Up09 90 00Mon 5/18/20Tue 5/19/20264Millwork06 20 00Wed 5/20/20Tue 6/9/20265Final Paint09 90 00Wed 6/10/20Tue 6/16/20266Flooring09 60 00Wed 6/17/20Tue 6/23/20267Doors 08 10 00Fri 6/19/20Mon 6/22/20268Paint Doors09 90 00Mon 6/22/20Wed 6/24/20269Accessories & Shades12 20 00Tue 6/23/20Thu 6/25/20270Hardware08 70 00Thu 6/25/20Mon 6/29/20271Final Clean01 74 00Fri 6/26/20Thu 7/2/20272BUILDING SYSTEMSMon 3/2/20Fri 5/1/20273Install Emergency Generator26 00 00Mon 3/2/20Fri 3/6/20274Permanent Power26 00 00Fri 3/6/20Fri 3/6/20275Equipment & Systems2x xx xxMon 3/9/20Fri 3/27/20276Test & Balance23 00 00Mon 3/30/20Fri 4/10/20277Elevator Install14 20 00Mon 4/6/20Fri 5/1/20278FIRE STATIONMon 10/21/19Wed 6/17/20279SLAB ON GRADEMon 10/21/19Mon 12/30/19280Footings03 00 00Mon 10/21/19Fri 11/1/192812 Courses of CMU at Load Bearing Walls (5/FS104)04 20 00Mon 11/4/19Wed 11/6/19282Underground MEP2x xx xxMon 11/4/19Wed 11/13/19283Inspect & Backfill2x xx xxThu 11/14/19Fri 11/15/19284Slab Prep03 00 00Mon 11/18/19Tue 11/26/19285Inspect & Pour03 00 00Wed 11/27/19Thu 11/28/19Door Frames OnsiteHVAC Overhead Rough-InsElectrical Overhead Rough-InsPlumbing Overhead Rough-InsFire Sprinkler Overhead Rough-InsFrame Walls & Soffits / Blocking / Steel In Wall Rough-In In Wall InspectionsWall InsulationHang WallsTape, & Finish WallsPrime & 1st Paint Hard Ceiling Framing Hard Ceiling MEPF & FA Rough InHard Ceiling InspectionHard Ceiling Drywall Hang & FinishHard Ceiling Prime & 1st Paint Ceiling GridCeiling Grid MEP TrimsRestrooms Floor & Wall TileVanity TopsPlumbing FixturesPartitions, Screens, & AccessoriesCourt Room Lights OnTouch UpMillworkFinal PaintFlooringDoors Paint DoorsAccessories & ShadesHardwareFinal CleanPoliceLights OnTouch UpMillworkFinal PaintFlooringDoors Paint DoorsAccessories & ShadesHardwareFinal CleanBUILDING SYSTEMSInstall Emergency GeneratorPermanent PowerEquipment & SystemsTest & BalanceElevator InstallFIRE STATIONSLAB ON GRADEFootings2 Courses of CMU at Load Bearing Walls (5/FS104)Underground MEPInspect & BackfillSlab PrepInspect & PourJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 5 of 7 SCHEDULE G ID Task Name5-Spec Start Finish286CMU Walls04 20 00Fri 11/29/19Mon 12/30/19287STRUCTURETue 12/31/19Tue 2/4/20288Steel Columns & Beams05 10 00Tue 12/31/19Tue 1/14/20289Joist & Decking05 20 00Wed 1/15/20Tue 1/28/20290Detailing05 10 00Wed 1/22/20Tue 2/4/20291EXTERIOR SKINSWed 2/5/20Tue 4/28/20292Parapet Framing05 40 00Wed 2/5/20Tue 2/18/20293Roof Drains (4)22 10 00Wed 2/19/20Thu 2/20/20294Roofing07 50 00Fri 2/21/20Thu 3/12/20295Exterior Framing & Sheathing05 40 00Wed 2/19/20Tue 3/17/20296Air Barrier07 25 00Wed 3/11/20Tue 3/24/20297Windows/Doors08 50 00Wed 3/18/20Tue 3/31/20298Brick 04 70 00Wed 3/25/20Tue 4/14/20299Fiber Cement Panel Cladding Level 107 40 00Wed 3/25/20Tue 4/7/20300Fiber Cement Panel Cladding Apparatus Bay07 40 00Wed 4/8/20Tue 4/14/20301Remaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)07 70 00Wed 4/15/20Tue 4/28/20302ROUGH INS & FINISHESFri 2/28/20Wed 6/17/20303Layout Walls & Top Track05 40 00Fri 2/28/20Mon 3/2/20304Door Frames Onsite08 10 00Fri 2/28/20Fri 2/28/20305HVAC Overhead Rough-Ins23 00 00Fri 2/28/20Thu 3/19/20306Electrical Overhead Rough-Ins26 00 00Fri 3/6/20Thu 3/26/20307Plumbing Overhead Rough-Ins22 00 00Fri 3/13/20Thu 4/2/20308Fire Sprinkler Overhead Rough-Ins21 00 00Fri 3/20/20Thu 4/9/20309CMU Walls04 20 00Fri 3/13/20Thu 4/2/20310Stud Walls05 40 00Fri 3/13/20Thu 4/9/20311In Wall Rough-In - 1st Half2x xx xxFri 3/20/20Mon 3/30/20312In Wall Rough-In - 2nd Half2x xx xxTue 3/31/20Wed 4/8/20313Drywall Hang & Finish09 20 00Fri 4/10/20Mon 4/20/20314Plywood06 10 00Fri 4/24/20Fri 4/24/20315Dry FogMon 4/27/20Mon 4/27/20316Install Electrical Panels & Transformers26 00 00Tue 4/28/20Wed 5/6/20317Prime & 1st Paint 09 90 00Tue 4/21/20Mon 4/27/20318Hard Ceilings Fri 4/10/20Thu 5/7/20319Framing05 40 00Fri 4/10/20Thu 4/16/20320MEPF & FA Rough In2x xx xxTue 4/14/20Mon 4/20/20321Inspection2x xx xxTue 4/21/20Thu 4/23/20322Drywall Hang & Finish09 20 00Fri 4/24/20Mon 5/4/20323Prime & 1st Paint 09 90 00Tue 5/5/20Thu 5/7/20324Ceiling GridTue 4/28/20Fri 5/8/20325Ceiling Grid09 50 00Tue 4/28/20Thu 5/7/20326MEP Trims2x xx xxMon 5/4/20Fri 5/8/20327Restrooms Tue 4/21/20Mon 5/25/20328Wall Tile09 30 00Tue 4/21/20Mon 5/4/20329Floor Tile09 30 00Wed 4/29/20Mon 5/4/20330Vanity Tops06 20 00Tue 5/5/20Mon 5/11/20331Plumbing Fixtures22 40 00Tue 5/12/20Mon 5/18/20332Partitions, Screens, & Accessories10 20 00Tue 5/19/20Mon 5/25/20333Break RoomTue 4/28/20Mon 5/18/20334Millwork06 20 00Tue 4/28/20Fri 5/1/20335VCT09 60 00Mon 5/4/20Fri 5/8/20336Fabricate Countertop06 60 00Mon 5/4/20Fri 5/8/20337Install Countertop06 60 00Mon 5/11/20Tue 5/12/20338Plumbing Fixtures22 40 00Wed 5/13/20Thu 5/14/20339Appliances11 30 00Fri 5/15/20Mon 5/18/20340Offices & Open AreasMon 5/11/20Wed 6/17/20341Office Lights On26 00 00Mon 5/11/20Mon 5/11/20342Millwork06 20 00Tue 5/12/20Fri 5/22/20343Touch Up09 90 00Mon 5/25/20Tue 5/26/20344Flooring09 60 00Wed 5/27/20Tue 6/2/20345Final Paint09 90 00Wed 6/3/20Fri 6/5/20CMU WallsSTRUCTURESteel Columns & BeamsJoist & DeckingDetailingEXTERIOR SKINSParapet FramingRoof Drains (4)RoofingExterior Framing & SheathingAir BarrierWindows/DoorsBrick Fiber Cement Panel Cladding Level 1Fiber Cement Panel Cladding Apparatus BayRemaining Exterior Details / Finishes (Fiber Cement Cornice, Shutters)ROUGH INS & FINISHESLayout Walls & Top TrackDoor Frames OnsiteHVAC Overhead Rough-InsElectrical Overhead Rough-InsPlumbing Overhead Rough-InsFire Sprinkler Overhead Rough-InsCMU WallsStud WallsIn Wall Rough-In - 1st HalfIn Wall Rough-In - 2nd HalfDrywall Hang & FinishPlywoodDry FogInstall Electrical Panels & TransformersPrime & 1st Paint Hard Ceilings FramingMEPF & FA Rough InInspectionDrywall Hang & FinishPrime & 1st Paint Ceiling GridCeiling GridMEP TrimsRestrooms Wall TileFloor TileVanity TopsPlumbing FixturesPartitions, Screens, & AccessoriesBreak RoomMillworkVCTFabricate CountertopInstall CountertopPlumbing FixturesAppliancesOffices & Open AreasOffice Lights OnMillworkTouch UpFlooringFinal PaintJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 6 of 7 SCHEDULE G ID Task Name5-Spec Start Finish346Doors 08 10 00Fri 5/29/20Mon 6/1/20347Paint Doors09 90 00Mon 6/1/20Wed 6/3/20348Accessories 12 20 00Mon 6/8/20Wed 6/10/20349Door Hardware08 70 00Thu 6/4/20Mon 6/8/20350Final Clean01 74 00Thu 6/11/20Wed 6/17/20351BUILDING SYSTEMSThu 4/2/20Thu 4/30/20352Permanent Power26 00 00Thu 4/2/20Thu 4/2/20353Equipment & Systems2x xx xxFri 4/3/20Thu 4/23/20354Test & Balance23 00 00Fri 4/24/20Thu 4/30/20355HARDSCAPE/LANDSCAPEWed 3/18/20Tue 7/7/20356Fire Tower05 50 00Wed 3/18/20Tue 4/14/20357Dumpster Enclosure (Slab, Drains, Bollards, & CMU)04 00 00Fri 4/10/20Thu 4/16/20358Concrete Sidewalks around Police & Courthouse32 30 00Fri 4/17/20Thu 5/7/20359HD Concrete Pavement32 30 00Wed 4/15/20Tue 5/12/20360Base & Binder32 10 00Wed 5/13/20Tue 5/19/20361Asphalt32 10 00Wed 5/20/20Tue 5/26/20362Exterior Landscaping32 90 00Wed 5/27/20Tue 6/30/20363Refueling Station - Gasoline23 10 00Wed 5/13/20Tue 5/19/20364Refueling Station - Diesel23 10 00Wed 5/13/20Tue 5/19/20365Flag Pole10 70 00Wed 5/13/20Thu 5/14/20366Top Coat32 10 00Wed 5/27/20Tue 6/2/20367Site Inspection - Fulton County & Civil Engr01 41 00Wed 7/1/20Tue 7/7/20368Punch, Acceptance, & Owner Move-inThu 6/18/20Fri 8/7/20369Police & Municipal Court Final Inspections & CO01 41 00Fri 7/3/20Thu 7/9/20370Police & Municipal Court NSC Punch01 74 00Fri 7/3/20Thu 7/9/20371Police & Municipal Court AE Punch01 74 00Fri 7/10/20Thu 7/16/20372Police & Municipal Court Acceptance01 41 00Thu 7/16/20Thu 7/16/20373Police & Municipal Court FF&E11 00 00Fri 7/17/20Thu 7/30/20374Floor Mounted Safe11 20 00Fri 7/17/20Fri 7/17/20375Sliding File System12 50 00Fri 7/17/20Fri 7/17/20376X-ray Machine13 40 00Fri 7/17/20Fri 7/17/20377Heavy-Duty Shelfing10 50 00Fri 7/17/20Fri 7/17/20378Shades12 20 00Fri 7/17/20Fri 7/17/20379Refrigerated Evidence Locker13 20 00Fri 7/17/20Fri 7/17/20380Cash Drawer11 20 00Fri 7/17/20Fri 7/17/20381Fire Station #44 & Admin Final Inspections & CO01 41 00Thu 6/18/20Wed 6/24/20382Fire Station #44 & Admin NSC Punch01 74 00Thu 6/18/20Wed 6/24/20383Fire Station #44 & Admin AE Punch01 74 00Thu 6/25/20Wed 7/1/20384Fire Station #44 & Admin Acceptance01 41 00Wed 7/1/20Wed 7/1/20385Fire Station #44 & Admin FF&E11 00 00Thu 7/2/20Wed 7/15/20386Compressed Air Reel Pull-down with Power22 10 00Thu 7/2/20Thu 7/2/20387Heavy-Duty Ceiling Fan11 20 00Thu 7/2/20Thu 7/2/203881000 Gal Storage Tanks23 10 00Thu 7/2/20Thu 7/2/20389Final Completion / Owner Move-in01 74 00Fri 8/7/20Fri 8/7/20Doors Paint DoorsAccessories Door HardwareFinal CleanBUILDING SYSTEMSPermanent PowerEquipment & SystemsTest & BalanceHARDSCAPE/LANDSCAPEFire TowerDumpster Enclosure (Slab, Drains, Bollards, & CMU)Concrete Sidewalks around Police & CourthouseHD Concrete PavementBase & BinderAsphaltExterior LandscapingRefueling Station - GasolineRefueling Station - DieselFlag PoleTop CoatSite Inspection - Fulton County & Civil EngrPunch, Acceptance, & Owner Move-inPolice & Municipal Court Final Inspections & COPolice & Municipal Court NSC PunchPolice & Municipal Court AE PunchPolice & Municipal Court AcceptancePolice & Municipal Court FF&EFloor Mounted SafeSliding File SystemX-ray MachineHeavy-Duty ShelfingShadesRefrigerated Evidence LockerCash DrawerFire Station #44 & Admin Final Inspections & COFire Station #44 & Admin NSC PunchFire Station #44 & Admin AE PunchFire Station #44 & Admin AcceptanceFire Station #44 & Admin FF&ECompressed Air Reel Pull-down with PowerHeavy-Duty Ceiling Fan1000 Gal Storage TanksFinal Completion / Owner Move-inJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecQtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020City of Milton - Public Safety Complex: GMP Schedule19.575 Milton PSC Const Schedule 06242019-DRAFT JR Date: Mon 6/24/19Page 7 of 7 SCHEDULE G INITIAL CONSTRUCTION BUDGET B-1 INITIAL CONSTRUCTION BUDGET GMP Cost Limitation at time of contract execution is: AND NO/100 DOLLARS ($ ) TBD SCHEDULE H CONSTRUCTION BUDGET SCHEDULE I CONCURRENCE OF THE DESIGN PROFESSIONAL TO SCHEDULES D, E, F, & G To be provided by Cooper Carry, Inc. MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 1, 2019 Steven Krokoff , City Manager Q) Approval of Subdivision Plats and Revisions Approval Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( ;APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED ()"NO rJ-110 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info @cityofmiltonga.usIwww.cityofmiltonga.us 0800 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 27, 2019 for the July 8, 2019 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 Farm at Sweetapple minor plat described herein consists of a 23 acre parcel located at 13100 Sweetapple Road to be subdivided into 3 lots. The size of the lots range from 3.22 acres to 14.212 acres. 2. The Gordon Dickens minor plat described herein consists of two separate lots located at 1110 & 1120 Mayfield road to be combined into one 3.426 acre lot. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. The Farm at Sweetapple LL 1017 & 1018 13100 Sweetapple Road Minor Plat 3 Lots 21.04 0.14 Lots / acre 2. Gordon Dickens LL 1060 1110 & 1120 Mayfield Road Combo Plat Combine parcels / 1 Lot 3.426 .29 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MILTON .. TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM City Council DATE: July 3, 2019 Steven Krokoff, City ManagerG2) Consideration to Amend the Mi lton Tree Canopy Conservation Ordinance to Provide for a Time Extension on the Ability to Use the New Tree Canopy Conservation Ordinance or the Old Tree Conservation Ordinance in the City Code. Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (~ES (J/(ES APPROVAL BY CITY ATTORNEY: (j/APPROVED PLACED ON AGENDA FOR: 01 ( oe/w1'1 () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info @cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 28, 2019 for the July 8, 2019 Regular City Council Meeting (First Presentation) and July 22, 2019 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of An Ordinance To Amend Article 1, Section 5.4 of the Milton Tree Canopy Conservation Ordinance to Extend the Date for Mandatory Compliance _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed edit to section 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 July 22, 2019 to January 20, 2020. This extension will allow sufficient time for staff to complete the final edits to the Tree Canopy Conservation Ordinance and present it to the Planning Commission before Council review. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis July 3, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Amend the Tree Canopy Conservation Ordinance Redlined text of amended Tree Canopy Conservation Ordinance STATE OF GEORGIA ORDINANCE NO._____________ COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE I, SECTION 5.4 OF THE MILTON TREE CANOPY CONSERVATION ORDINANCE TO EXTEND THE DATE FOR MANDATORY COMPLIANCE The Council of the City of Milton hereby ordains, while in a regularly called council meeting on July 22, 2019 at 6:00 p.m., as follows: WHEREAS, the City has adopted a new “Tree Canopy Conservation Ordinance” (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), which has not yet been codified into the Milton Code; WHEREAS, the new Tree Canopy Conservation Ordinance currently serves as an optional alternative to the existing “Tree Conservation Ordinance” found at Chapter 60, Article II, Division 1 of the Milton Code; WHEREAS, compliance with the new Tree Canopy Conservation Ordinance is set to become mandatory on July 22, 2019, superseding the Tree Conservation Ordinance on that date; WHEREAS, the City Council desires to extend the deadline for mandatory compliance with the new Tree Canopy Conservation Ordinance and to extend the time allowed for optional compliance with the Tree Conservation Ordinance; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. Article I, Section 5.4 of the Tree Canopy Conservation Ordinance of the City of Milton, Georgia (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), is hereby amended by deleting the text “July 22, 2019” and replacing it with “January 20, 2020”. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of July, 2019. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 July 22, 2019 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17 July 22, 20189 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 July 22, 20189 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 17July 22, 20189 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 v isitors 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 17July 22, 20189 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 propert ies; 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 17July 22, 20189 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 2January 20, 202018. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 4 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. 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 protection, 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 5 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 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 6 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. 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 feet of and including a road, driveway, parking area, walkway, patio and other allowable impervious City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 7 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. 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 land s 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 8 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 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 9 the tree canopy is removed or the crown shape typical of the species is 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 10 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 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 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 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 17July 22, 20189 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 17July 22, 20189 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 photogr aphy 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 17July 22, 20189 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 further 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 imper vious 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 tr ee 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 Page 29 28.13. The tree planting and maintenance plan shall be certified by a certifie d 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 17July 22, 20189 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 17July 22, 20189 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 shall 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 arborist 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 17July 22, 20189 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 th e 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 17July 22, 20189 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 17July 22, 20189 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 ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 1, 2019 Steven Krokoff, City Manager (/:> Consideration of an Ordinance to Amend Chapter 52, Taxation Sections 52-22 (Due Date) and 52-23 (Fines for Delinquent Payments) of the Code of the City of Milton , Georgia Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,/APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.('YES ( -,IYES CITY ATTORNEY REVIEW REQUIRED: AP PROV AL BY CITY ATTORNEY: PLACED ON AGENDA FOR: ( ,JAPPROVED o 7 I aj / Lot °I () NOT APPROVED () NO () NO () NOT APPROVED 2006 He ri tage Walk Milton, GA P: 678.242 .2500 I F: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga .us 0800 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 26, 2019 for First Presentation on the July 8, 2019 Regular City Council Meeting and Unfinished Business for the July 22, 2019 Regular City Council Meeting Agenda Item: Consideration of Edits to the Milton Code of Ordinances Chapter 52-Taxation Section 52-22 Due Date and 52-23 Fines for Delinquent Payment Department Recommendation: Approve the attached ordinance to edit Chapter 52-Taxation, Sec 52-22 Due Date and 52-23 Fines for Delinquent Payment. Executive Summary: During the last round of charter changes the language related to property tax billing and due dates was removed. The attached ordinance cleans up language in chapter 52 to remove any references to the charter and proposes a change in the billing timeline to coincide with the change in revenue recognition for current year property taxes which was approved by Mayor and Council in FY17. In addition, language related to fines for delinquent payment was edited for improved comprehension. Funding and Fiscal Impact: This change will ensure that the collection of property taxes will now coincide with the fiscal year with which they will be recognized as available revenue under Generally Accepted Accounting Principles (GAAP). Alternatives: Other Council directed action. Legal Review: Aaron Meyer, Jarrard & Davis, LLP (June 26, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to edit chapter 52-Taxation, Sec 52-22 & 52-23 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 52, TAXATION SECTIONS 52-22 (DUE DATE) and 52- 23 (FINES FOR DELINQUENT PAYMENT) OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 22, 2019 at 6:00 p.m. as follows: SECTION 1 That the conditions of Chapter 52 have revisions in Sec. 52-22. – Due Date., and Sec. 52-23. – Fines for Delinquent Payment.; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 4 This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. ORDAINED this 22nd of July, 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal) Sec. 52-22. - Due date. Ad valorem tax bills for each tax year shall be issued following the receipt of the tax digest from Fulton County, but in no event shall tax bills be issued earlier than October 1 of each year. Such taxes shall be due and payable within 60 days of the billing date. (Ord. No. 06-11-14, § 1(ch. 10, art. 1, § 2), 11-21-2006; Ord. No. 07-04-24, § 1(ch. 10, art. 1, § 2), 4-19-2007; Ord. No. 08-08-22, § III, 8-11-2008; Ord. No. 09-09-52, § III, 9-28-2009) Sec. 52-23. - Fines for delinquent payment. Any taxes not paid in full within 60 days of the billing date shall be in default and shall be assessed penalties and interest, in accordance with law and as outlined in Appendix A. Said penalties and interest shall be in addition to the amount of ad valorem taxes due the city and also in addition any costs permitted by law. Partial payments shall be accepted and, in such cases, interest and penalties will be computed on outstanding balances as of the delinquent date. (Ord. No. 06-11-14, § 1(ch. 10, art. 1, § 3), 11-21-2006; Ord. No. 07-04-24, § 1(ch. 10, art. 1, § 3), 4-19-2007) MILTON ~ TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July l, 2019 Steven Krokoff, City Manager 0) Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( ,/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (JIYES (v('YES APPROVAL BY CITY ATTORNEY: (J4..PPROVED PLACED ON AGENDA FOR: 0 1 I O I 1.-V l 61 () NOT APPROVED () NO () NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Sudie AM Gordon, City Clerk Date: Submitted on June 26, 2019 for the July 8, 2019 Regular City Council Meeting (First Presentation) and July 22, 2019 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election Project Description: On November 5, 2019, an election will be held in the City of Milton to elect City Councilmembers for District1/Post 2, District 2/Post 2 and District 3/Post 2. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the Intergovernmental Agreement is attached to the ordinance and incorporated herein. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-0000-1138099 Requisition Total: $124,327.00 Vendor: Fulton County Finance Director (Remit Payment to) Page 1 of 2 Page 2 of 2 Financial Review: The General Election fee of $124,327.00 will be included in the FY2020 budget. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Within 90 days after the election or run-off election, Fulton County will furnish a refund of any excess fees or invoice the City if the fee is insufficient to cover the City’s pro-rata share of the costs of the election. Bernadette Harvill (June 26, 2019) Legal Review: Sam VanVolkenbergh, Esq., Jarrard & Davis, LLC (June 25, 2019) Attachment(s): • Ordinance of the City Council to Authorize Fulton County to Conduct Election • Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regular session on July 22, 2019 at 6:00 p.m. as follows: WHEREAS, on November 5, 2019, an election will be held in the City of Milton to elect City Council Members for District 1/Post 2, District 2/Post 2, and District 3/Post 2; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that: 1. The Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State , which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 22nd day of July 2019. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Peyton Jamison, Mayor Pro Tem Matt Kunz, Councilmember (District 1/Post 1) (District 2/Post 2) ______________________________ _______________________________ Carol Cookerly, Councilmember Joseph Longoria, Councilmember (District 1/Post 2) (District 3/Post 1) __________________________ _______________________________ Laura Bentley, Councilmember Rick Mohrig, Councilmember (District 2/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this day of , 2019, between Fulton County, Georgia (“County”), a political subdivision of the State of Georgia, and the City of Milton, Georgia (“City”), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections (“BRE”) has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: Page 2 of 12 ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2019, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 5, 2019: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City’s candidate(s) on the electronic and printed ballots for City elections after qualifying; c) Placing the City’s referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 3 of 12 f) Performing duties of elections Superintendent, and absentee ballot clerk for the November 5, 2019 City election; g) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; h) Providing staff, equipment and supplies for conducting the November 5, 2019 City election at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21 -2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the Cit y’s legal organ regarding calls for City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter; f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; Page 4 of 12 h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; i) Providing the County with an electronic copy of referendums that must be placed on a ballot; j) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and k) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 For City elections that are to be conducted contemporaneously with a countywide General election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election. 4.2 For City elections that are to be conducted contemporaneously with a countywide Special election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election costs based on the municipality’s pro-rata share of the number of electors in the municipality versus the total number of electors in the County. The City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) An estimate of the City’s pro-rata share of the election costs based on the number of electors will be provided to the City and 75% of that amount is due to the County ninety (90) days prior to Election Day. ii) Following the election, the actual costs of the election will be determined, as well as the City’s pro-rata share of the actual costs. iii) If based on the estimated election costs a refund is due to the City, said refund will issue within ninety (90) days after the election. iv) If based on the estimated election costs the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.3 For City elections that are not conducted contemporaneously with any countywide election, the City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. Page 5 of 12 ii) Following the election, the actual costs of the election will be determined. iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election. 4.4 Failure to timely remit the funds owed will result in a 10% per month penalty. ARTICLE 5 LEGAL RESPONSIBILITIES 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reim bursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney’s fees for the County Attorney or outside counsel and all expenses a ssociated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Page 6 of 12 5.6 Should it be necessary to comply with legal requirements that any of the County’s personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. 5.7 In the event that a city law, ordinance, or code pertaining to the administration of the election directly contradicts or makes more/less strict a portion of the State of Georgia’s Election Code (O.C.G.A. § 21), then the County shall only be responsible for enforcing the requirements set forth in O.C.G.A. § 21. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 E-VERIFY AND TITLE VI Each party agrees that it will comply with all E-Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed pursuant to this Agreement shall contain all required E-verify and Title VI requirements under applicable law. ARTICLE 9 AUTHORIZATION Page 7 of 12 Each of the individuals executing this Agreement on behalf of his or her respective party agrees and represents to the other party that he or she is authorized to do so and further agrees and represents that this Agreement has been duly passed upon by the required governmental agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this Agreement is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. Further, the Fulton County Board of Registration and Elections has reviewed and approved this Agreement and has authorized its Chairman and its Chief Administrative Officer to execute any ancillary documents required to complete the November 2019 General Election, including but not limited to the Notice of the Call of the General Election and the Notice of the General Election. ARTICLE 10 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. ARTICLE 11 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by t he City to the County Elections Superintendent or by the County to the City Clerk via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 Facsimile: 404.730.7024 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Facsimile: 404.730.6540 If to the City: City Administrator – Attn: Steven Krokoff 2006 Heritage Walk Milton, GA 30004 With a copy to: City Attorney – Attn: Ken Jarrard/Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 Page 8 of 12 ARTICLE 12 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 13 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE 14 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. ARTICLE 15 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties’ successors. ARTICLE 16 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Page 9 of 12 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: Clerk to Commission Date: ATTEST: APPROVED AS TO FORM: Fulton County Attorney’s Office APPROVED AS TO SUBSTANCE: Richard Barron Director, Fulton County Department of Registration and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 10 of 12 CITY OF MILTON, GEORGIA (SEAL) Mayor City Clerk (SEAL) Date: APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: City Attorney City Clerk Page 11 of 12 EXHIBIT A As per the Agreement executed on , the City of Milton, hereby requests that Fulton County conduct its Election on November 5, 2019, and Runoff Election on December 3, 2019, within the boundary of Fulton County. The last day to register to vote in this election is October 7, 2019. The list of early voting locations will be forthcoming. . This day of , 2019. (SEAL) City Clerk The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton Election on November 5, 2019, and Runoff Election on December 3, 2019, within the boundary of Fulton County. This day of , 2019. (SEAL) Elections Superintendent Fulton County Board of Registrations and Elections Page 12 of 12 EXHIBIT B PRORATION OF ELECTION FEES ESTIMATE CITY OF MILTON EXHIBIT B ELECTION November 5, 2019 Municipal Election December 3, 2019 Runoff DISTRICT All of Milton All of Milton NUMBER OF ACTIVE REG VOTERS (June 2019) 25657 25657 DISTRIB% 8.0% 11.8% OVERTIME - 1001 $ 7,623 $ 4,735 TEMP SAL - 1160 $ 40,688 $ 33,824 Early Voting -1160 $ 32,424 $ 17,389 SS -SALARIES - 1010 $ 473 $ 294 SS - MEDICARE - 1011 $ 111 $ 69 UNEMP INS - 1060 $ 15 $ 10 RENTAL EQUIP - 1120 $ 1,718 $ 2,159 RENTAL BLDGS - 1121 $ 1,200 $ 1,200 POLL WORKERS PERS - 1159 $ 15,435 $ 14,250 STIPEND - 1169 $ 104 $ 154 HOSP - 1307 $ 293 $ 432 ADV- 1342 $ 1,204 $ 1,184 MILEAGE - 1346 $ 40 $ 59 VEH SUPPLIES - 1452 $ 281 $ 296 POSTAGE - 1456 $ 1,204 $ 1,184 PRINTING - 1459 $ 2,809 $ 2,368 PHOTO COPIES - 1461 $ 441 $ 118 OFFICE SUPPLIES/BALLOTS - 1462 $ 4,253 $ 2,302 STOCK PAPER - 1475 $ 321 $ 296 INS (HEALTH) - 1501 $ 823 $ 511 INS (LIFE) - 1505 $ 46 $ 28 INS (DENTAL) - 1510 $ 92 $ 57 INS (VISION) - 1512 $ 15 $ 9 RETIRE MATCH - 1522 $ 229 $ 142 SECURITY 1174 $ 802 $ 1,184 DC-CNTR-EPLR - 1527 $ 305 $ 189 DC-CNTR-2% - 1529 $ 76 $ 47 SUBTOTAL $ 113,025 $ 84,490 10% ADMIN FEE $ 11,302 $ 8,449 TOTAL $ 124,327 $ 92,939 GRAND TOTAL FOR BOTH E ELECTIONS $ 217,266 Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax: (404) 730-7024 Item Description Exhibit B Invoice Date: 7/1/2019 INVOICE # MIL112019 City of Milton City Clerk's Office 2006 Heritage Walk To Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon ' Total 1 Advance to Conduct General Municipal Election November 5, 2019 $113,025.00 10% Administrative Fee - $ 11,302.00 Subtotal $124,327.00 Advance to Conduct General Municipal Runoff Election December 3, 2019 $84,490.00 10% Administrative Fee - $ 8,449.00 Subtotal $92,939.00 TOTAL DUE $217,266.00 Make Check Payable to: "FULTON COUNTY DIRECTOR OF FINANCE" MUNICIPALITY Number of Registered Voters Distribution Percentages ALPHARETTA 41,496 13% COLLEGE PARK 8,796 3% EAST POINT 25,127 8% FAIRBURN 9,474 3% HAPEVILLE 3,325 1% JOHNS CREEK 52,528 16% MILTON 25,657 8% ROSWELL 63,724 20% SOUTH FULTON 74,337 23% UNION CITY 15,275 5% TOTAL 319,739 100% MUNICIPALITY Number of Registered Voters Distribution Percentages COLLEGE PARK 8,796 4% EAST POINT 25,127 12% JOHNS CREEK 52,528 24% MILTON 25,657 12% ROSWELL 63,724 29% SOUTH FULTON 40,916 19% TOTAL 216,748 100% November 5, 2019 Municipal General Election December 3, 2019 Municipal General Election MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 2, 2019 FROM: Steven Krokoff, City Manager (2 AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton Georgia to Adopt Amendments to the Fiscal 2019 Budget for the General Fund of the City of Milton, Georgia Amending the Amounts Shown As Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (_)/APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: -()>-APPRO I/ED PLACED ON AGENDA FOR: o-, / e>B/ tol, () NOT APPROVED (~0 (v(NO () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242.2500 IF: 678 .242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 2, 2019 for First Presentation on the July 8, 2019 Regular City Council Meeting and Unfinished Business for the July 22, 2019 Regular City Council Meeting Agenda Item: Consideration of Budget Amendments to the General Fund of the City of Milton for Fiscal Year 2019. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the plan last amended on May 6, 2019 and reflect the most recent circumstances and recommendations. Requests outlined include funding for the implementation of the Laserfiche program to allow for enhanced paperless processes and records management as well as internal work-flows, trail maintenance at Birmingham Park, clerical support through a unique community connection opportunity, and the reinstatement of the Accounting Manager position in Finance. All requests will be covered by the contingency line item within the General Fund in FY19, and the calculated impact on future budgets has been outlined for the new initiatives. The public hearing for this amendment was advertised in the Milton Herald on June 27, 2019. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2019 Proposed Budget Amendments Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET FOR THE GENERAL FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN AS EXPENDITURES, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on July 22, 2019 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2019 Budget to the City Council with regards to the General Fund; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2019 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2019 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 22nd day of July, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon City Clerk FY 2019 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 27,347,321$ -$27,347,321$ Licenses & Permits 608,832 -608,832 Intergovernmental Revenues 8,942 -8,942 Charges for Services 508,300 -508,300 Fines & Forfeitures 350,000 -350,000 Investment Income 276,000 -276,000 Contributions & Donations 7,244 -7,244 Miscellaneous Revenue 56,506 -56,506 Proceeds from Sale of Assets 10,000 -10,000 subtotal 29,173,145$ -$ 29,173,145$ TOTAL REVENUES $ 29,173,145 $-$ 29,173,145 EXPENDITURES Mayor & Council 178,229$ -$178,229$ City Clerk 231,569 6,848 238,417 City Manager 742,616 -742,616 General Administration 65,899 -65,899 Finance 554,705 16,833 571,538 Legal 295,000 -295,000 Information Technology 1,128,520 28,566 1,157,086 Human Resources 326,577 -326,577 Risk Management 272,707 -272,707 General Government Buildings 222,928 -222,928 Communications 286,891 -286,891 Community Outreach & Engagement 137,324 -137,324 Municipal Court 463,582 -463,582 Police 5,153,840 -5,153,840 Fire 7,306,581 -7,306,581 Public Works 2,322,379 -2,322,379 Parks & Recreation 1,436,693 20,000 1,456,693 Community Development 1,408,987 -1,408,987 Economic Development 258,509 -258,509 Debt Service 852,436 -852,436 Contingency 233,768 (72,247)161,521 subtotal 23,879,740$ -$ 23,879,740$ Interfund Transfers Out: Capital Projects Fund 6,833,582$ -6,833,582$ Capital Grant Fund 565,693 -565,693.00 subtotal 7,399,275$ -$ 7,399,275$ TOTAL EXPENDITURES $ 31,279,015 $-$ 31,279,015 Total Revenues Over/(Under) Expenditures (2,105,870)$ -$(2,105,870)$ Beginning Fund Balance 10,271,476 10,271,476 ENDING FUND BALANCE 8,165,606$ 8,165,606$ General Fund Budget Summary Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: INFORMATION SERVICES Contract Labor/Maintenance Contracts 574,984 28,566 603,550 Increase to account for expenses associated with Laserfiche set- up/implementation hours TOTAL: INFORMATION SERVICES 28,566 PARKS & RECREATION Grounds Repair & Maintenance 90,500 20,000 110,500 Increase to account for costs associated with maintaining the trails at Birmingham Park TOTAL: PARKS & RECREATION 20,000 OTHER FINANCING USES Contingency 233,768 (72,247) 161,521 Decrease to cover outlined requests to continuing operations and new initiatives TOTAL: OTHER FINANCING USES (72,247) NEW INITIATIVES: City Clerk: Clerical Support through Community Connections 6,848 Finance: Reinstate the Accounting Manager Position 16,833 TOTAL: NEW INITIATIVES 23,681 NET REVENUE/(EXPENDITURE) REQUEST - Please see attached requests Strategy: Strategic Action Item: Salary 4,250 Benefits 298 Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware 1,800 Other Equipment 500 - - - - TOTAL 6,848 Salary/Benefits 4,548 Maintenance & Operating 2,300 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 24,584 25,322 26,081 26,864 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 24,584 26,081 26,864 This request is to fund a clerical position aimed at providing work for those who have graduated high school and also have special needs. This position will provide a positive, rewarding, and mutually beneficial environment through collaboration between the new employee and the current staff at City Hall. This initiative is also directly related to Milton's mission and core values including that of having an inclusive community/work environment by engaging citizens of all ability levels. CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM City Clerk Clerical Support through Community Connections Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Build Community Connections ACCOUNT DESCRIPTION BUDGET REQUESTSupport programs designed to assist those who have graduated high school and also have special needs. Brief Description of New Program/Service or Improvement of Existing Service Level: What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Completion of clerical tasks that meet the ability of the applicant as well as the needs of the City. Once the parameters of the work to be accomplished are set there will be follow-up to ensure that both parties are able to achieve their goals from the program through employee feedback and managerial oversight. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). This will have an impact on salary/benefit costs for this employee. - - - 48,571 Notes: Strategy: Strategic Action Item: Salary 11,653 Benefits 2,680 Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware 2,000 Other Equipment 500 - - - - TOTAL 16,833 Salary/Benefits 14,333 Maintenance & Operating 2,500 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 99,859 105,940 109,119 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 99,859 105,940 109,119 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Finance Reinstate the Accounting Manager Position Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Brief Description of New Program/Service or Improvement of Existing Service Level: This request is to reinstate the Accounting Manager position within the Finance Department. After the resignation of the prior Accounting Manager in early 2016 the duties of this position were distributed between the then Finance Manager and the Payroll & Revenue Manager. Since that time the City has taken on more workload with accounting related responsibilities regarding GAAP/GASB compliance including: impact fees, TSPLOST, bond recordkeeping/financial management, and grant management. These responsibilities have grown to the level of requiring a dedicated accounting professional once again. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Improved efficiency and timeliness of financial record keeping and reporting. In addition, this will allow the Payroll & Revenue Manager to improve efficiency and timeliness with regard to property tax related processes, and allow the Finance Director to focus on enhanced budget processes, long-range planning, investing, and employee advancement. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). This will have an impact on salary/benefit costs for this employee. Strategic, Efficient & Engaged Government Identify appropriate staffing needs and make sound recommendations as needed. ACCOUNT DESCRIPTION BUDGET REQUEST Notes: 102,855 102,855 - - - MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2019 FROM: Steven Krokoff, City Manager {) AGENDA ITEM: Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 -Administration, Article VII -Public Records MEETING DATE: Monday, July 8, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (~PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (v(YES () NO CITY ATTORNEY REVIEW REQUIRED: ({YES () NO APPROVAL BY CITY ATTORNEY: ()/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 , ( o6 / 2.c>I ~ 2006 Heritage Walk Milton , GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on May 29, 2019 for First Presentation on the June 17, 2019 Regular City Council Meeting and Unfinished Business for the July 8, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Add Division 4 (Electronic Records) to Chapter 2 – Administration, Article VII – Public Records Department Recommendation: Approve the attached ordinance to add Division 4 Sec 2-778 Electronic Records to Chapter 2, Article VII – Public Records. Executive Summary: The addition of Division 4 to Chapter 2 Article VII would allow the City to accept electronic signatures as an official authorization from the signatory. This is another step towards a paperless system that will allow for electronic submittal of forms and added efficiency for the end user. Funding and Fiscal Impact: None. Alternatives: Other Council directed action. Legal Review: Jeff Strickland, Jarrard & Davis (May 29, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Add Division 4 – Electronic Records to the City Code of The City of Milton STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO ADOPT CHAPTER 2, ARTICLE VII (PUBLIC RECORDS), DIVISION 4 WITH RESPECT TO REGARDING ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.; TO REPEAL CONFLICTING ORDINANCES; AND TO ESTABLISH AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regularly called Council meeting on the 3rd _____ day of June_____________, 2019 at 6:00 p.m., as follows: WHEREAS, O.C.G.A. § 10-12-18 (a) provides authority for municipalities of this state to determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures; and WHEREAS, the City has adopted Subdivision II, City Personnel Duties and Responsibilities, codified atdesires to amend its Code of Ordinances, Chapter 2 (Administration), Article VII (Public Records), Division 3 of the City’s Code of Ordinances to address the City’s acceptance and use of electronic records and electronic signatures. ; and, WHEREAS, the City desires to update Article VII to reflect the current best practices regarding electronic signatures and records by adding Division 4 “Electronic Records”; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That the City’s Code of Ordinances, Chapter 2 (Administration), Article VII (Public Records), shall be amended to add a new Division 4 enttitled “Electronic RecordsDocuments,” as provided in Exhibit A attached hereto and by this reference incorporated hereinbe added under Chapter 2, Article VII to The Code of the City of Milton, Georgia;. 2. Chapter 2, Article VII, Division 4 of the Code of the City of Milton, Georgia is hereby added with the following text; Sec. 2-778. - Electronic Records. Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Indent: Left: 0.5" An electronic record satisfies any rule requiring a document to be in writing. An electronic signature satisfies any rule of law requiring a signature. Any electronic record is signed as a matter of law if it contains a secure electronic signature. repealed. 34. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk EXHIBIT A The City’s Code of Ordinances is amended to add the following: CHAPTER 2 – ADMINISTRATION Secs. 2-778 – 2-789. – Reserved. ARTICLE VII – PUBLIC RECORDS DIVISION 4 – ELECTRONIC DOCUMENTS (CITY SEAL) Sec. 2-77890. -– Electronic RecordsElectronic Records and Signatures. (a) An electronic record satisfies any rule requiring a document to be in writing. An electronic signature satisfies any rule of law requiring a signature. Any electronic record is signed as a matter of law if it contains a secure electronic signature. (b) An electronic signature is deemed to be secure if it is created by application of a security procedure that is commercially reasonable and provided the electronic signature can be verified. Further, an electronic signatureit is considered secure if it can be linked to the electronic record to which it relates in a manner such that, if the record is changed, the electronic signature is invalidated. (c) An electronic record is deemed to be secure if it is created by application of a security procedure that is commercially reasonable and agreed to by the city. The electronic record will be deemed secure when it can be verified not to have been altered sin ce a specified point in time. Formatted: Font: Not Italic Formatted: Indent: Left: 0", Right: 0" Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Secs. 2-791 – 2-796. – Reserved.