Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet - CC - 11/18/2019
Page 1 of 4 Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, November 18, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Rich Austin 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. 19-239) 5)PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 18, 2019 Page 2 of 4 6) CONSENT AGENDA 1. Approval of the October 21, 2019 City Council Meeting Minutes. (Agenda Item No. 192-240) 2. Approval of a Professional Services Agreement between the City of Milton and Canopy Consultants, LLC for City Arborist Services. (Agenda Item No. 19-241) (Parag Agrawal, Community Development Director) 3. Approval of a Change Order #3 with Prime Contractors, Inc for the Public Works Maintenance and Fire Storage Buildings. (Agenda Item No. 19-242) (Robert Drewry, Public Works Director) 4. Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Stormwater Improvements to Improve Drainage at the Batesville Road and Taylor Road Intersection. (Agenda Item No. 19-243) (Robert Drewry, Public Works Director) 5. Approval of Subdivision Plats and Revisions: Name of Development / Location Action Comments / # lots Total Acres Density 1. The Conservancy at Sweetapple LL 1017 & 1018 13100 Sweetapple Road Large Lot Minor Plat Create 4 Lots 14.21 0.28 Lots / acre (Agenda Item No. 19-244) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation in Recognition of the North Fulton SWAT Team for Excellence in Service to Our Community. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing the NAFL Milton Eagles 4th Grade Tackle Football Team Day. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 18, 2019 Page 3 of 4 1. Consideration of an Ordinance to Amend Article II of Chapter 36, Door to Door Salesmen, of the Code of the City of Milton, Georgia. (Agenda Item No. 19-245) (Ken Jarrard, City Attorney) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2020 City of Milton City Council Regular Council Meeting and Work Session Schedules. (Agenda Item No. 19-246) (Sudie Gordon, City Clerk) 2. Consideration of Subdivision Plat Approval: Name of Development / Location Action Comments / # lots Total Acres Density 1. Bethany Preserve Land Lot 889, 890, 911, 912 13755 Bethany Road Final Plat 7 Lots 22.078 .32 Lots / Acre (Agenda Item No. 19-247) (Parag Agrawal, Community Development Director) 3. Consideration of a Resolution for the City of Milton Barring the Issuance of Occupational Tax Certificates for the Operation of Shareable Dockless Mobility Devices (including Electronic Scooters and Bicycles). (Agenda Item No. 19-248) (Parag Agrawal, Community Development Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 18, 2019 Page 4 of 4 3. Information Services 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-249) MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2019 Steven Krokoff, City Manage@ . Approval of a Professional Services Agreement between the City of Milton and Canopy Consultants, LLC for City Arborist Services. Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION : (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J/YES () NO CITY ATTORNEY REVIEW REQUIRED: (J/YES () NO APPROVAL BY CITY ATTORNEY: (-/APPROVED () NOT APPROVED PLACED ON AGENDA FOR: tr/16/ wr' 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 November 7, 2019 for the November 18, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Canopy Consultants, LLC for Arborist Services Department Recommendation: Approval. Executive Summary: Consultant will assist the city arborist with daily tasks such as tree removal requests, permit applications, inspections and plan review. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-7410-521210000 Requisition Total: $30,000.00 Vendor DBA: Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, November 6, 2019 Legal Review: Sam VanVolkenburgh, October 9, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment: Professional Services Agreement MILTON4t ESTABLISHED 2006 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 Canopy Consultants, LLC, a Georgia limited liability company, having its principal place of business at 1135 Arlington Parkway, Atlanta, GA 30324, (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: �.. A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — RESERVED Exhibit "B" — Insurance Certificate Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit B. Project Description. The "Project" at issue in this Agreement is generally described as: providing arborist services in connection with enforcement and implementation of the City's tree -related ordinances. 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 Bate, 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. The term of this Agreement ("Term") shall be deemed to have commenced as of October 1, 2019.(notwithstanding a subsequent Effective Date) and end on March 31, 2020 (provided that certain obligations will survive termination/expiration of this Agreement). As the Term of this Agreement is longer than one calendar year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Tcnn, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. 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. 2 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 Reguirement. 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 increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $30,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above. The compensation for. Work performed shall be based upon number of hours (or partial hours) worked, at an hourly rate of $90.00 per hour, plus mileage reimbursement at the City's authorized mileage rate of $.58 cents per mile. This reimbursement rate is based on the 2019 Internal Revenue Service standard mileage rates. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited to mileage reimbursement as discussed in the preceding paragraph. 1 1 / A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative, Alex Phillips shall be authorized to act on 4 Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing thein, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. 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 5 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. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G_A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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 R (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 "W', 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 forin of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by malting 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. § 13-10-91.1 7 500 or more employees. 100 or more employees. X Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or: in part to this Agreement shall be clearly identified and readily accessible. (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 8 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 tenninate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were perfonned while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or orfcr 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. D 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, Consultantmust 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. i O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf 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 Bands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables ror 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 10 comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 1; 1 A. Dight of Entry. City shall provide space for Consultant to perform Work at City's offices; provided that Consultant shall not unreasonably encumber the space with materials or equipment. D. City's Representative. Sandra DeWitt 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 tI above. 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 for cause and it is later determined that City did not have grounds to do so, the termination will be 11 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. 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. 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, 12 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: Canopy Consultants, LLC 1135 Arlington Parkway Atlanta, GA 30324 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 terins 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. 13 I. leo Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers.. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreementisto 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 Maieure, 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 perfonnance 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 14 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. 15 CONSULTANT: Canopy Consultants, LLC Signature: Print Name: Title: Member/Manager (LLC) Attest/Witness: Signature: PrintName: Title: �� 1�t7A Ur i � 1 CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Signature: Sudie Gordon, City Clerk Approved as to form: City Attorney 16 RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] y � , No Text ® CERTIFICATEF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/09/2019 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 CONSTITUTER 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). PRODUCER RSC Insurance Brokerage, Inc. 1745 N. Brown Road Suite 250 Lawrenceville GA 30043 CON ACT AmbroShia Patton NAME: PHONE 678.690-5995 FAX AIC No Ext): ( ) A/C, No E-MAIL ADDRESS: apatton@risk-strategies.com INSURER(S).AFFORDING COVERAGE NAIC # INSURER A : Homeland Insurance Company of New York INSURED Canopy Consultants 1135 Arlington Pkwy, NE Atlanta GA 30324 INSURER B: Hartford Fire Ins Co. 19682 INSURER:C : INSURER D: INSURERS : INSURER -F-: rnvcoAr_cc !`CDTICIf'ATF 1,111MRFD• GLI`J`d0ZV16/ RFVISION Nl1MHIzR1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY XP MMIDD/YYYY LIMITS. X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ® OCCUR G 50,000 PREMISES. (Ea occurrence) $ MED EXP (Any one person) $ 5,000 A Y Y 793-00-83-64-0001 08/02/2019 08/02/2020 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:. GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY ® PRO ❑ LOC JECT $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANYAUTO BODILY INJURY .(Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS. HIRED NON -OWNED AUTOS ONLY AUTOS'.ONLY PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAR HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PRory in OR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A 20WECAB9DDI 08/10/2019 08/10/2020 PER OTH- X1STATUTE ER E.L. EACH ACCIDENT $ 1, 000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE- PoucY LIMIT 5 1.000..000 It yes, describe under DESCRIPTION'OF OPERATIONS below Each Claim $1,000,000 A Professional Liability Contractor's Pollution Liability 793-00-83-64-0001 08/02/2019 08/02/2020 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES. (ACORD 101, Additional Remarks :Schedule, maybe attached if more space is required) Re: Arborist Services City of Milton, GA is included as Additional Insured with a Waiver of Subrogation on the General Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton, GA ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT "C" CANOPY CONSULTANTS 1135 Arlington Parkway Atlanta GA • 404.858-7471 aphiIlips@canopy-consultants.com • www.canopy-consultants.com Mr. Parag Agrawal, AICP Community Development Director CITY OF MILTON 2006 Heritage Walk Milton Georgia, 30004 RE: Professional Services Agreement: Arborist Services Dear Mr. Agrawal, Canopy Consultants ("Canopy Consultants or Consultant") is pleased to submit this letter to the City of Milton ("Client") for Arborist Services. PROJECT UNDERSTANDING Canopy Consultants will provide tree arborist services in compliance with Milton City code, Section 60 —Tree Canopy Conservation Ordinance, Adopted February 5, 2018 SCOPE OF SERVICES Canopy Consultants will assist the City Arborist with daily tasks such as: 1. tree removal requests, 2. tree removal permit applications, 3_ on site tree inspections (with the consultants company vehicle), 4. "in office" plan reviews and comment preparation as needed, 5. Track all permits and requests on City of Milton's tracking software "Community Core", and 6. Send weekly summary of all work performed via email list to city arborist ADDITIONAL SERVICES Additional services, including design and code text preparation may be performed at the request of the City and will be performed at the Consultant's hourly rate listed below. Schedule This service will be performed one day a week (day of the week as approved by the Community Development Director) for a period of 10 hours. The consultant will be performing this service at the Milton City Hall, Community Development Department, and will be performing the "on-site"inspections during this scheduled period of time. This work will start as soon as a "Notice to Proceed" is received. FEE and EXPENSES Canopy Consultants will perform the work as described in "Scope of Services above at the hourly rate of $90.00 per hour. This contract is valid from October 2019 to March 2020. Fees will be invoiced monthly based upon the amount of services performed. Payments are due within 3Odays ofanapproved invoice and will include invoice number and consultants project nunoberA||invoicesvxiUbeinpa9ercopysen¢vionegularmnai|to Honor Motes, Procurement Manager, City of Milton Procurement Department. Alex Phillips, Arborist, hourly rate - $90.00 RE|NBURSEMENTS Mileage used during the "on site tree inspections" portion of the work will be reimbursed at the City of Milton's standard rates per mile. Consultant will keep track of all "sites visited" and round-trip mileage totals. We appreciate the opportunity to provide these services to you. Please contact me with questions. Very Truly Yours Alex Phillips, ISA, ASiA,TRAQ;President and Owner Canopy Consultants LLC N EXHIBIT "D" STATE OF, i COUNTY OF & LJ?2N_ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 1901- 2-1 Federal Work Authorization User Identification Number iVav r,-- 201`1 Date of Xuthorization Canopy Consultants, LLC Name of Contractor Arborist 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 ( Q /'�,p , 20 f in (city), C-7fit- (state). Signatur of Auth rized OWwSl or ent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE � DAY OF , 201q i �I�� r �5"r NOTARY PUBLIC - [NOTARY T. EXPIRES My Commiss fjn dx RGL MY 24, 2021 STATE OF _ COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Canopy Consultants, LLC on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Arborist 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 920 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: MILTON ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2019 FROM: Steven Krokoff, City Managera> AGENDA ITEM: Approval of a Change Order #3 with Prime Contractors, Inc for the Public Works Maintenance and Fire Storage Buildings . MEETING DATE: Monday, November 18, 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: APPROVAL BY CITY ATTORNEY: ( J/APPROVED 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 OGOO To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted on November 7, 2019 for the November 18, 2019 Regular City Council Meeting Agenda Item: Approval of Change Order #3 with Prime Contractors, Inc. for the Public Works Maintenance and Fire Storage Buildings _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: This change order is a final summary change order that incorporates additional quantities to the contract with Prime Contractors for the construction of both the Public Works Maintenance Building and the Fire Storage Building at Fire Station #43. Specifically, the well at the Public Works site was installed to an additional depth of 160 LF and additional electrical work at the Fire Storage Building to remove conduit and wire for overhead service and install conduit in the bottom of the service panel. Procurement Summary: Purchasing method used: State Contract Account Number: 300-4101-541200001 Requisition Total: $5,801.30 Vendor DBA: Prime Contractors, Inc. Financial Review: Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 3/5/19 Concurrent Review: Robert W. Drewry, Public Works Director Attachment(s): Change Order #3 2.00 Work Order Signature Document Sourcewell EZIQC Contract No.: GA02-1-072115-PCI City of Milton - Public Works Bldg Construction CO#3 Well Supplemental New Work Order 063152.03 Modify an Existing Work Order Work Order Title: Work Order Number:Work Order Date: X 10/29/2019 Contractor Name: Contact: Phone: Contact: Phone: Gary Frantz 813-205-9762 Owner Name: Robert Buscemi 678-242-2607 Prime Contractors, Inc.City of Milton Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No GA02-1-072115-PCI. Brief Work Order Description: Time of Performance See Schedule Section of the Detailed Scope of Work Will not apply:Will apply:Liquidated Damages X Work Order Firm Fixed Price: $5,801.30 Owner Purchase Order Number: Approvals Date DateContractorOwner Page 1 of 1 10/29/2019 Work Order Signature Document City of Milton 3.00 Detailed Scope of Work To:From:Robert Buscemi City of Milton 2006 Heritage Walk Milton, GA 30004 Gary Frantz Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 813-205-9762 678-242-2607 Work Order Number: October 29, 2019Date Printed: 063152.03 City of Milton - Public Works Bldg Construction CO#3 Well SupplementalWork Order Title: Brief Scope: Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached Detailed Scope of Work (DSOW). Contractor Date DateOwner Page 1 of 1 10/29/2019 Scope of Work City of Milton 4.00 Contractor's Price Proposal - Summary Owner PO #: City of Milton - Public Works Bldg Construction CO#3 Well Supplemental 063152.03 GA02-1-072115-PCIIQC Master Contract #: Work Order Number: Work Order Title: October 29, 2019Date: Contractor: Prime Contractors, Inc. Proposal Value: Proposal Name: $5,801.30 City of Milton - Public Works Bldg CO#3 Well Supplemental -$3,767.61Contractor Rebate $691.88Electrical Changes $8,877.03Well Additional The Percentage of NPP on this Proposal:% $5,801.30Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Page 1 of 1 10/29/2019 Contractor's Price Proposal - Summary City of Milton 5.00 Contractor's Price Proposal - Detail Date:October 29, 2019 Contractor: Work Order Title: Owner PO #: Work Order Number: IQC Master Contract #:GA02-1-072115-PCI 063152.03 City of Milton - Public Works Bldg Construction CO#3 Well Supplemental Prime Contractors, Inc. Proposal Name: $5,801.30 City of Milton - Public Works Bldg CO#3 Well Supplemental Proposal Value: Labor Sect.Item Modifer UOM Description Line Total MaterialEquip.(Excluded if marked with an X Contractor Rebate 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. 1 -$3,767.61EA Installation =x x -3,767.61 FactorUnit PriceQuantity Total 1.00 1.0000-3,767.61 -$3,767.61Subtotal for Contractor Rebate Electrical Changes 01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only. 2 $691.88HR Installation =x x 691.88 FactorUnit PriceQuantity Total 49.84 1.1324 12.26 $691.88Subtotal for Electrical Changes Well Additional 33 11 13 00 0004 Up To 12" Diameter, Well Drilling Mobilization And Demobilization3 $573.37EA Installation =x x 573.37 FactorUnit PriceQuantity Total 506.33 1.1324 1.00 33 11 13 00 0010 10" Water Well Hole Drilled In Normal Soil, Sand, Gravel, O.B.4 $3,360.96LF Installation =x x 3,360.96 FactorUnit PriceQuantity Total 18.55 1.1324 160.00 33 11 13 00 0051 8" Diameter, Steel Well Casing, Flush5 $4,942.70LF Installation =x x 4,942.70 FactorUnit PriceQuantity Total 27.28 1.1324 160.00 $8,877.03Subtotal for Well Additional The Percentage of NPP on this Proposal:% $5,801.30 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. Proposal Total Page 1 of 1 10/29/2019 Subcontractor Listing City of Milton Client - City of Milton Detailed Scope of Work October 29, 2019 City of Milton - Public Works Bldg Construction CO#3 Well Supplemental 063152.03Work Order Number: Work Order Title: Print Date: Contractor:GA02-1-072115-PCI - Prime Contractors, Inc. Brief Scope: To:From:Gary Frantz Prime Contractors, Inc. 3406 Florence Circle Powder Springs, GA 30127 Robert Buscemi City of Milton 2006 Heritage Walk Milton, GA 30004 813-205-9762 678-242-2607 The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Please see attached Detailed Scope of Work (DSOW). Detailed Scope: Owner Date Contractor Date Page 1 of 1Detailed Scope of Work 10/29/2019City of Milton Milton Public Works Building CO #3 750 Hickory Flat Rd Milton, GA 30004 1 Scope of Work Summary Scope (October 28, 2019) This work order consists of; Well Additonal and Fire Station Service per detailed Scope of Work below 1.Drawings and Specifications Referenced and attached hereto; 1.1 Specifications created from walk dated 8/5/19. 2.Detailed Scope of Work The Contractor shall perform all work as described below per any and all attached specifications and drawings: 2.1 Well Additional -Drill Water Well an additional 160 LF to a depth of 465 LF per the City of Milton 2.2 Fire Station Service -Remove conduit and wire installed for overhead service and install conduit in bottom of service panel for underground service installation 3.Details that Apply to All Work Areas 3.1 Contractor shall utilize the latest issue of the NJPA Specifications for all work. 3.2 Contractor and all of their subcontractors on site will adhere to the security requirements of the campus including background checks and orientation classes 3.3 Contractor and subcontractors will at all times wear shirts identifying the company they are employed with, accompanied by a ___ badge 3.4 Contractor shall perform work, schedule deliveries and have access to areas of work during and after normal business hours as agreed upon and coordinated with Owners contact for this project:________________________________ Milton Public Works Building CO #3 750 Hickory Flat Rd Milton, GA 30004 2 3.5 Contractor shall work with administrators to coordinate around scheduling conflicts with the occupation in the building 3.6 Contractor shall be responsible for all safety code compliance pertaining to their portion of work 3.7 Contractor shall maintain clean work areas at all times, remove and dispose of all demolished materials and construction debris, rubbish, and waste material from the property of the Owner on a daily basis unless noted otherwise 3.8 No tobacco or alcohol will be permitted on the property of the Owner or in the vehicles of the contractor or their subcontractors 3.9 No radios are permitted 3.10 All measurements and quantities supplied in this scope of work are approximate in nature and are supplied as a convenience for the contractor. The contractor is responsible for field verification of all measurements and quantities. 3.11 Contractor shall verify all new and existing conditions and dimensions at job site. 3.12 Parking and staging areas will be made available for the Contractor by the Owner and will be coordinated with the Owner prior to beginning work. 3.13 Contractor is responsible for protection of all surfaces including those not in the scope of work from construction dust, debris or damage during construction up until final acceptance. The methods of protection including plastic, paper, sealing doors or windows, etc. 3.14 Contractor shall install and maintain 48” orange safety fencing around all staging areas or temporary facilities 3.15 Contractor shall not be required to pay Davis Bacon wage rates 4.Warranty 4.1 Provide all extended manufacturers warranties to the owner prior to project closeout. 4.2 Provide all documents necessary, addressed to ___ for appropriate energy rebate when applicable 5.Permitting: 5.1 At the time of issuance of a Purchase Order for this work, it is understood that permits are required. Contractor will be responsible for obtaining such applicable permits and the Owner will be responsible for the permit fees and any design necessary to obtain such permits or related approvals as described in the EZIQC master contract documents (i.e. permit fees are dollar for dollar reimbursable and professional design and engineering fees are paid for at hourly rates published in the Construction Task Catalog). At such time of requirement, a scope of work will be agreed upon and approved by all parties before start of additional work. 6.Submittals Milton Public Works Building CO #3 750 Hickory Flat Rd Milton, GA 30004 3 6.1 The Contractor shall submit for approval the manufacturer’s cut sheets for materials and equipment utilized for this project prior to commencing any work. 6.2 All finishes and other standard submittals are to be provided to the Owner prior to installation by the contractor. 7.Project Schedule 7.1 Majority of work shall be completed during normal working hours 8:00 am – 5:00 pm Monday thru Friday. After hours and weekends when needed will be coordinated with the Owner at no additional cost. Total project duration is expected to be 2 weeks upon start date. 8. Clarifications 8.1 The following items are specifically excluded by Contractor and are not part of this agreement. If at any time during work a hazardous material or unknown condition is uncovered, work will cease until the appropriate scope of work is agreed upon and executed as a supplemental work order package or remedied by the Owner: 8.1.1 Any item not included in the specifications or contract. 8.1.2 Permitting fees 8.1.3 Hazardous materials not in this scope of work 8.1.4 Architectural permit drawings 9.Owner Responsibilities 9.1 Coordinate any State/Local Fire Marshal approvals as necessary. 9.2 Provide access to the worksite during scheduled working hours. 9.3 Provide a staging area for project related materials. 9.4 Owner shall be responsible for re-routing employee and student traffic as necessary MILTON\t ESTABUSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2019 FROM: Steven Krokoff, City Managera) AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for Stormwater Improvements to Improve Drainage at the Batesville Road and Taylor Road Intersection MEETING DATE: Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-efAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (/YES () NO CITY ATTORNEY REVIEW REQUIRED: (/YES () NO APPROVAL BY CITY ATTORNEY: (YAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage 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: Matt Fallstrom, Capital Projects Manager Date: Submitted on November 8, 2019 for the November 18, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and TriScapes Inc. for Stormwater Improvements to Improve Drainage at the Batesville Road and Taylor Road Intersection ____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of this contract. Executive Summary: The contractor will be installing stormwater inlets and concrete pipe to improve the drainage at the intersection of Batesville Rd. and Taylor Rd. This work includes installing two storm drain inlets, 153’ of reinforced concrete pipe and includes clean-up and landscape restoration throughout the project. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 300-4101-522250000 Requisition Total: $49,901.99 Vendor DBA: Triscapes Inc. Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid Tople Construction $71,000.00 Woodwind Construction $87,000.00 Financial Review: Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 10/28/19 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement r fir.. i 4i ESTA13LISI-IED 276 CONSTRUCTION SERVICES AGREEMENT Taylor Road and Batesville Road Storm`vater Improvement Project This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and Tri Scapes, Inc., a Georgia corporation hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for bids, dated October 3, 2019 attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as "Exhibit B" and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number ITB 20-PW02 to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor's bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. C'011stRactI011 Ser\ ices; Agn-cenlent 1 `'ersican 1.0 NOW THER AWORE, for and in consideration of the mutual promises, the public purposes; and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Request for Bids, attached hereto as "Exhibit A"; B. Bid Documents from Contractor, dated October 22, 2019 attached hereto as "Exhibit B"; C. Scope of Work, attached hereto as "Exhibit C"; D. Required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as "Exhibits D.1, D.2 and D.31'; E. Noncollusion Affidavit of Prime Bidder, attached hereto as "Exhibit E"; F. Final Affidavit, attached hereto as "Exhibit F"; G. Alien Employment affidavits, attached hereto as "Exhibits G.1 and G.2"; H. Plans, drawings and specifications, attached hereto collectively as "Exhibit H"; Additional Payment/Retainage Requirements, attached hereto as "Exhibit I"; J. Key Personnel, attached hereto as "Exhibit J"; K. Contract Administration provisions (if issued), attached hereto as "Exhibit K"; L. General Conditions (if issued), attached hereto as "Exhibit L"; M. Supplementary Conditions (if issued), attached hereto as "Exhibit M"; N. City of Milton Code of Ethics (codified in the official Code of the City of Milton); O. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. C'01IStruction Scrs icc; At,)rc enlcist 1 Version 1.0 Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: The installation of storm drain boxes and pipe to improve drainage at the Taylor Rd. and Batesville Rd intersection. (the "Project"). A third -party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [f applicable]. The Project has been designed by N/A (hereinafter referred to as the "Architect"). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) En ineer [if applicable]. The Project has been designed by N/A (hereinafter referred to as the "Engineer"). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be; Matthew Fallstrorn, Capital Projects Manager. Section 3. The Work A. The Work. The Work to be completed under this Agreement (the "Work") includes; but shall not be limited to, the work described in the Scope of Work provided in "Exhibit C", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" tabes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work ("Commencement Date") and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the Construction truction tier%°ices Aprcement 1 Version I.O orderly progress of the Work. C. Plans: Drawings and Specifications The plans, drawings and specifications provided in "Exhibit H", attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data and Samples Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, Geld measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator's approval Construction Scr� ices Aorcem=ent Version 1.() of Shop Drawings; Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing tine Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until final completion and payment for the Work or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perforin its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within ten (10) calendar days of the Commencement Date provided by the City, and the Work shall be completed on or before December 31, 2019 (the "Expected Date of Final Completion"). Every effort will be made by Contractor to shorten this period. If unusual weather affects the required completion schedule, the City and the Contractor will negotiate a new completion date. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall Construction aero ices Agreement 1 Version 1.() remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City n/a and 00/100 :Dollars ($ 00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably Construction Bert ices Agreement ement j 'Version 1.0 withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract, Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $49,901.99 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a Jump sum, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payrnent Requirements. Additional payment requirements are included as "Exhibit I", attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable; it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work.. All such changes shall be incorporated in written Change Orders and ('011 tr IC6011 SerN ices Agrc:°emew Version 1.0 executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or 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 Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. if the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not i OIIStRICti011 SCI—Vices; A111-Le1ne°nt Versioel l .t) notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or.in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a ►ninimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, Construction Services i\,,reernent Version l .() E. and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances; building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City; shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and Studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the ('01IStruc6011 Scrt icy s A4INellicnt 1 Vel -Sion J.() Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. {ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor; the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters.. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such C'011structicm Sc,r`= ices Agreement 1 Version 1.0 means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. Constri-ictioilScr! ices Agreement 1 Version l M H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor's Reliance on Submissions by the Cid. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. if a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. {.'01Istruc;ti011 Services Agreement I Version 1.0 If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractor's Representative. 2v a.A -�6 0 6tY1 P(h [INSERT NAME OF CONTRACTOR'S REPRESENTA IVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, agents, or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding, and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor Construction Services Agreement I Version 1.0 to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge; or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation; or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, C OJIStRlCtiOn Ser% icy s Agreement I Version 1.0 representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Citv Manager. (2) Minimum Limits of Insurance; Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (IfContractor is asole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a ('on trLicti011 Services .'N-reenient 1 Version I.O certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) RESERVED. (f) Commercial Umbrella Liability Coverage: $_N/AT per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability; Employers' Liability, and Professional Liability. (3) Deductibles and Self-insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. Construcri011 Sel`i iCCS zk`.:r:enent i Version I.0 (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation oflndemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance C011Strti tied Ser\ ices A:..,rcement 1 Version 1.0 shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide. Performance and Payment bonds as a condition of this Agreement. At the conclusion of the Work, Contractor shall also provide City with a maintenance bond in the amount of one-third (1 /3) of the total amount paid under the Agreement, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of the Work. Bonds shall be provided on the forms attached hereto as "Exhibits D.1, D.2 COYIStrUCtiOn `services Agreement 1 Versiorn I .O and D.Y and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. R. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-1091, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits GA and G.2" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in ".Exhibit G.1", and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit G.2", which subcontractor affidavit shall become part - of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) C NIStRiCti011 Services Agreerrient I Version 1.0 T above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 1.00 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. Records, Reports and Audits. (1) Records: C OJISIRI 6011 SCIA ice; At _n'eem j7t I Ver•sic»j I.t) (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City's office, Further, Contractor shall permit the City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information.. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise ('011strtecti011 Services AL r :enient 1 Version 1.0 reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to ]seep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other: permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. W. RESERVED. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities: to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules; work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Construction 5erN ices Agreement 1 Vers,011 1.0 Z. Nondiscrimination. During the performance of this Agreement, the Contractor: agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally -assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination. The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, County shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the County or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however, that in the event a Contractor becomes C onstl`Lictioii Serr ices ,/\�rcclnc,nt 1 Version 1.0 involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interest of the County and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. AA. Consultants 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 City; (b) the Consultant shall immediately disclose to the City 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 to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 8. Covenants of the Cats A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B- City's Representative. Matthew Fallstroin shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative on this Project; provided that any changes to the Work or: the terms of this Agreement must be approved as provided in Section 6 above. Section 9, Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Construction Services Agreement j Version 1.0 B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 2 year(s) (the "Warranty Period") from the date of final completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Warranty Period to identify any issues that must be resolved by the Contractor. Expiration of the Warranty Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section I1 ofthis Agreement. The City sizall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. D. Payment. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided COnStRICti011 Sere ices .��rcement Version 1.0 herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors; vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section I O(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all. services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rights; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by ('011SirrIc6011 Seri ices Agreement 1 Version 1.0 the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Carry Out the fork If the Contractor defaults or neglects to cant' out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) afaiilure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is frilly covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. C'01Isti-LIC6011 Services A-reement 1 Version 1.0 Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator's administration of the construction of the Project shall be as described in "Exhibit K", attached hereto. The Contractor agrees to the construction administration provisions contained in "Exhibit K." Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, stateanent, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any member of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any articic(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. ('011str°ttC6013 Services Agreement 1 Versimi 1.0 (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between Matthew Fallstrom_ for the City and v% [INSERT CONTACT NAME] for the Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: Procurement Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Tri Scapes, Inc. Attn: Rebecca Martin 1595 Peachtree Parkway, Ste 204-396 Cumming, GA 30041 G. Waiver of Agreement. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations, warranties, and insurance maintenance requirements. I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to Construction Services Agreement I Version 1.0 be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability., Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees; officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein arc intended for convenience and case of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third PartRights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. O. Agreement Construction and Interpretation. Contractor represents that it has C'011strtic0011 Services Agreement 1 Version 1.0 reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] ('011MRIC6011 "sere ices A,,rcenient Version 1.0 CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTR ICTR: Tri Scap By: Print Name: Rebecca Martin Its• [CIRCLF��QNB],,� Presiden Vic��� FWhNPration) �Q� ; ORPORgT�•. � • 'G Z [£O • IA�A� �E,EL] qu•. (�ifcorporgtion Atte: itne3s��� GEOR ��P�••.••• Print Name: `Mitzi J. Chambers Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) Construction Services Agreement I Version 1.0 e HOME OF M Ili I Sc LTON*t ESTABLISI (ED 2007, Bid Number: Project Name: 20-PW02 Taylor Road and Batesville Road Stormwater Improvement Bid Number: 20-PW02 Project Due Date and Time: Attn: Honor Motes, Purchasing Office October 22, 2019 Number of Pages: 106 Local Time: 2:00pm I ISSUING DEPARTMENT INFORMATION I Issue Date: October 3, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bid Number: 20-PW02 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Special Instructions: Deadline for Written Questions October 14, 2019 at 5:00 pm Email questions to Honor Motes at honor. motes@cityofmiltonga. us Bidder Name/Address: Bidder Phone Number: Bidder Federal I.D. Number: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder FAX Number: Bidder E-mail Address: ITB 20-PW02 1 I Page Topic Definitions Invitation to Bid Schedule of Events Bidding Instructions (What must be submitted) Insurance/Bond Requirements Bid Form and Addenda Acknowledgement Bid Bond (3 pages) Qualifications Signature and Certification Corporate Certificate List of Subcontractors Contractor Affidavit and Agreement (eVerify) Disclosure Form Project Specifications Bid Submittal Form General Conditions EPD Air Quality Rules Sample Contract Agreement ITB 20-PW02 2 1 Page 4 6 7 8 13 15 18 18 19 20 21 22 33 34 40 41 7 DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 20-PW02 3 1 Page P ESTABLISHED 2006 The City of Milton is accepting sealed bids from qualified firms for the Taylor Road and Batesville Road Stormwater Improvement Project for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation's (GDOT) Standard Drawings, Standard Specifications, and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on October 2, 2019. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (20-PW02) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is October 14, 2019 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about October 16 2019. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (20- PW02) and bid name (Taylor Road and Batesville Road Stormwater Improvement Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 20-PW02 4 1 Page The selected contractor must be able to start work within ten (10) calendar days after the "Notice to Proceed" is issued. The time of completion for the project is to be determined prior to the issuance of the "Notice to Proceed." If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. NOTE. All digital copies must include exactly the some information as provided in the hard copy "Original". ITB 20-PW02 5 1 Page FOR REFERENCE ONLY DO NOT SUBMIT WITH BID RESPONSE ITB Issue Date DATE October 3, 2019 Deadline for Receipt of Written Questions 5 PM on October 14, 2019 Posting of Written Answers by City to Websites on or about October 16, 2019 ITB DUE No Later than 2:00 PM on October 22, 2019 Tentative Contract Award (on/about) November 4, 2019 Notice to Proceed (on/about) To be coordinated with the Contractor • ITB 20-PW02 6 1 Page FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form 33 The purpose of this solicitation is to enter into a lump sum price "purchasing contract" with one firm to be the primary supplier of the Taylor Road and Batesville Road Stormwater Improvement Project, ITB 20-PW02. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the 'following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any with 30 days written ITB 20-PW02 7 1 Page notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements; The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject ITB 20-PW02 8 1 Page to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) , Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies ITB 20-PW02 9 1 Page shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a `pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross -liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than AM. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has ITB 20-PW02 10 1 Page been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Each bid must be accompanied with a BI® BON® (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BON®, in the amount of one-third (1 /3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O,C.G.A. §§ 32-4-122 and 36-91-21(e). The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 20-PW02 12 1 Page 9 F. t4 ESTABLISHED 2006 r •� « err r� �' • r: • • 11161119 • • • I I I In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number20O2 Taylor Road and Batesville Road Stormwater Improvement Replacement Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to ITB 20-PW02 13 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of (Five Percent of Amount Bid). Dollars ($ If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as Liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20. Bidder (Seal) Company Name Bidder Mailing Address: Signature: Print Name: Title: ITB 20-PW02 14 1 Page ESTNBLISIiED 2006 [BIDDERS MUST RETURN THESE SHEETSWITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. (Seal) Bidder's Name and Corporate Seal By: Signature and Title: Attest: Signature and Title: SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title: ITB 20-PW02 15 1 Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 20-PW02 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances_ 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 20-PW02 17 1 Page i; G: 3 ESTABLISHED 2005 • :, , •. • • . �., , • • • I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Nam Print/Type Company Name Here Date CORPORATE CERTIFICATE 1, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of (Seal) 20 ITB 20-PW02 18 1 Page Av ti ESTABLISHED 2006 111'' 11 MM11 ''!! W*;C�11 11 I do , do not -, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:_ ITB 20-PW02 19 1 Page s, `E zt , t ESTALiLISHED 20G6 ill 011 ••ll ••. Ll I WK91 &TA I I IM 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 Taylor Road and Batesville Road Stormwater Improvement Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201_. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ITB 20-PW02 20 1 P ci g e K i, p S t �k t? k ESTABLISHED 2006 17111 k� W16111'[11,0111 This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ITB 20-PW02 21 1 Page The City of Milton Public Works Department (City) requests for interested parties to submit formal sealed bids for the Taylor Road and Batesville Road Stormwater Improvement Project. The project will consist of installing two (2) 9031 S storm drain structures and 153' of 18" RCP storm drain pipe. The project will also include road trenching, grading, erosion control measures, safety end section installation, and permanent grassing including sod. Starting at the asphalt joint on Taylor Road to the tie-in of Batesville Road, the Contractor will mill l .5" on both lanes and overlay this area with 1.5" of 9.5mm. The width will match the width of Taylor Road. A link to download pians is provided on page 29 of this document. This project shall follow the City of Milton Specifications and Plans called out in this bid. The most current GDOT Specifications and shelf Special Provisions apply to all work performed under this contract. All work associated with this contract shall meet the City of Milton and Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. The City desires to have all work completed by December 31, 2019. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed ITB 20-PWO2 22 1 Page within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized holidays including Veterans Day, Thanksgiving, Christmas, New Years Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor will be responsible for all quality control testing (sampling, testing, and inspections) of materials incorporated into the project. All materials and workmanship shall meet appropriate GDOT specifications. Materials quality control testing types will meet GDOT specifications at a frequency equal to or exceeding that set by those specifications. Contractor shall secure the services of a GDOT qualified geotechnical testing firm to perform all required tests. Test results shall be provided to the City promptly as the work progresses. Tests shall meet GDOT Specs for type, method, and frequency. This work shall be considered incidental to the rest of the work and no separate payment will be made. ITB 20-Pw02 23 1 Page Contractor will be responsible for replacing any work performed with material from rejected sample lot at no cost to the City. PAVEMENT MILLING The milling equipment shall be a power driven, self-propelled machine which is specifically designed to mill and remove a specified depth of existing asphalt paving. The equipment shall be of size, shape and dimensions so as not to restrict the safe passage of traffic in areas adjacent to the work. Conveyors capable of side, rear or front loading shall be provided together with the necessary equipment to transfer the milled material from the roadway to a truck. Dust control shall be such as not to restrict visibility of passing traffic or annoy adjacent property owners. The Contractor shall also mill side streets to provide an adequate tie-in. The side streets shall be milled from the edge of travel lane to the radius point of the side street or up to a maximum 15' of the travel lane. The Contractor shall also mill across the whole roadway at the beginning and ending limits of the project to provide an adequate tie-in with existing pavements. Edge milling shall match the depth of the overlay. Topping shall be tapered/feathered so as to tie into existing driveways with the best possible ride and aesthetic result. Tie-ins shall be marked on the ground and approved by the City prior to paving. The milling operation shall provide a pavement surface that is true to line, grade and cross-section and of uniform texture. A ten -foot straightedge shall be maintained in the vicinity of the milling operation at all times for the purpose of measuring surface irregularities of the milled pavement surface. The Contractor shall provide the straightedge and labor for its use. All irregularities in excess of 1/8" in 10' shall be re -milled at no additional cost. The finished cross slope shall be uniform to a degree that no depressions or misalignment of slope greater than 1/4" in 12' are present when tested with a straightedge placed perpendicular to the centerline. The finished pavement surface will be subject to visual and straightedge inspection. The Contractor shall be responsible to repair any damage to existing curbs, ITB 20-PW02 24 1 Page aprons, and driveways caused by the Contractor's operations at no additional cost to the City. All material generated as a result of the milling operation shall become the property of the Contractor. The milled material shall be stockpiled, recycled and utilized by the bidder as a means to offset the unit cost of patching. After milling is completed all loose and flaking masses of asphalt shall be removed. In the case all asphalt has been removed leaving the base the traffic roller should be used in the cut to compact any loose material prior to placement of asphalt. The Contractor and City shall measure all work and determine the total pavement area in square yards, to establish the basis of payment for the milling work. This work shall consist of the placement of bituminous tack on all areas. The cost of bituminous tack shall be included in the cost of asphalt. Bituminous tack is not measured as a separate pay item. NTSS-1 HM trackless tack or equivalent shall be used. All surfaces shall be cleaned completely and thoroughly before any tack is applied. Tack shall not be applied when the pavement is wet. Bituminous tack coat shall be applied between .05 to 0.1 gallons per square yard. The plant mix materials from which the asphaltic pavement is manufactured and the plant at which it is manufactured shall meet the requirements of the State of Georgia Department of Transportation (GDOT), Standard specifications, Articles 820; 802; 883; 831; 828; and 882. Plant mix shall have 5% AC at the minimum and RAP should shall not exceed 20% of the mix. Load tickets that meet Georgia Department of Transportation Specifications must accompany all delivered materials. The Contractor must supply copies of all asphalt tickets to the City daily. The most current version of the GDOT Specifications and Special Provisions apply, including, but not limited to, Sections 400 (including off -system Special Provision). Please refer to the GDOT website for the most current versions of the Specifications and Special Provisions. ITB 20-PW02 25 1 Page This work shall consist of placement of Thermoplastic Pavement Markings. Final (thermoplastic) pavement markings shall be placed at least fifteen (15) calendar days but no more than sixty (60) calendar days after placement of final asphalt Lift. These final pavement markings shall match the original pavement markings including center Fines, lane lines, turn arrows, crosswalks, stop bars, etc. unless specifically directed otherwise by the City.. Final pedestrian crosswalk markings shall adhere to the latest standards. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list. There are utilities in the project area. Contractor shall be responsible for locating and coordinating any utility relocation necessary for completion of the work. Utility plan sheets provided are based on early coordination and are subject to change. Call "811 Know what's below Call before you dig." Locate, maintain and protect existing utilities at all times during construction. The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway, and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104,05,. 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress include entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to ensure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times, unless otherwise specified or ITB 20-PW02 26 l Page approved by the City. In the event of an emergency, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs, temporary striping and other traffic control devices in accordance with the MUTCD and DOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. This shall include variable message boards to be placed near the intersection location, prior to beginning construction activities, to notify the traveling public of the upcoming lane closure(s). These variable message boards shall remain in place from to the beginning construction until substantial completion of the project. There shall be two (2) variable message boards, (one in each direction). All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor's expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours, place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the ITB 20-PW02 27 1 Page Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Milling operation shall be followed immediately by clean-up at which the contractor is to provide power brooms, vacuum sweepers, power blowers, or other means to remove loose debris or dust. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. All pavement areas shall be clean and dry prior to placing tack coat, asphaltic concrete or other materials. It is the responsibility of the Contractor to follow all Federal, State and Local erosion and sediment control laws and specifications. This includes meeting all NPDES guidelines. The Contractor shall serve as the Primary Permittee for this project and is responsible for filing the NOI and all necessary fees associated with it. Erosion/Sediment Control measures shall be installed and maintained by the contractor throughout the duration of the project. The Contractor is responsible for the removal and disposal, off project site, of all installed temporary erosion/sediment control measures when affected areas have been restored to a level where vegetative coverings will minimize erosion. The cost for this will be considered incidental to the project and included in the overall bid. Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the ITB 20-PW02 28 1 P a g e project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. Follow link below to download plans for this project. https: //files. secureserver. net10sHsadk5FZ6Dd6 ITB 20-PW02 29 1 Page sili— 1 1 Rill ll,, 4 1wA 1 HI Ly 1.4 131 jig gel Mal 1 ,-y AU= .-J.-PQ! Ing; ni glitz #II allnu ZVI ,-y Ogg .-J.-PQ! ITB 20-PW02 30 1 P ci g e ni ZVI ITB 20-PW02 30 1 P ci g e Irm (11: .- 5 1 - L. ts zi iR ITB 20-PW02 31 1 Page ITB 20-PW02 32 1 Page ILI 7 T JV_ lz t . ITB 20-PW02 32 1 Page v a ESTABLISHED 276 The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATUR PRINT / TYPE NAME TITLE Number of days to fully complete project (exclude weather related days) ITB 20-PWO2 33 1 Page Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 10 1. 10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bonds) Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 20-PW02 34 1 P ci g e Section 101.24 ENGINEER Section 101.47 STATE HIGHWAY ENGINEER Section 101.74 SUPPLEMENTAL AGREEMENT Section 101.84 Delete as written and substitute the following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Delete as written and substitute following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Retain as written and substitute the following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, "The City will not be responsible for AND SITE OF THE WORK Bidders' errors or misjudgment, nor for any information on local conditions or general laws and regulations." Section 102.07 REJECTION OF PROPOSALS Add the following subparagraphs "I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. ITB 20-PW02 35 1 P ci g e Section 102.08 PROPOSAL GUARANTY Add Section 102.15 ADDENDA AND INTERPRETATION Section 102.09 DELIVERY OF PROPOSALS: "J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia." Substitute the following for the first sentence "No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City. Delete in its entirety and substitute the following: Bids shall besubmitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid." Add the following as 102.15: "No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT ITB 20-PW02 36 1 P ci g e Section 103.02 AWARD OF CONTRACT Section 103.05 REQUIREMENTS OF CONTRACT BONDS Section 103;07 FAILURE TO EXECUTE CONTRACT Delete in its entirety and substitute the following: "The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting pat -ties." Delete in its entirety and substitute the following: "At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. " Delete in its entirety and substitute the following: "Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re -advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate." SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC ITB 20-PW02 37 1 P cs g e- Section 107.18 ACQUISITION OF RIGHT OF WAY Section 107.21 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTY AND SERVICE SECTION 109 Section 109.07 PARTIAL PAYMENTS Section 109.08 FINAL PAYMENT ITB 20-PW02 Add the following paragraph: "The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department." Add the following sentence to Paragraph A: "The Contractor is responsible for the location of above and below ground Utilities and structures which may be affected by the Work." MEASUREMENT AND PAYMENT Delete the first sentence of the Second Paragraph under `A. General" As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Delete in its entirety and substitute the Following: "Final Payment Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (1.00%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in frill and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same." ITB 20-PW02 39 1 P ci g e 'NOTICE TO CONTRACTORS*** EPD AIR QUALITY ON OPEN BURNING REFER • CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 - FAX ITB 20-PW02 40 1 Page r • � � -r ESTARLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 20-PWO2 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor. motes(&cit-yofmilton 2a. us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. 1-01 3 ljgffy��- $► ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature Date 1 -1" 13 11 A d d d ADDENDUM #1 ITIS 20-PWO2 Questions and Answers 1- Can you confirm this is a lump sum project & the general contractor provides the duration as well.[sic] How can we obtain the plans? This prQlect is a lump sum project Time to complete the project is determined by the contractor. Link to the plans is in the bid and also provided below. 2- In regards to the Taylor Rd and Batesville Rd Stormwater Improvement Project, is this a Jump sum bid? I do not see a bid tab/schedule or a summary of quantities. See question 1. The Bid Submittal Form is page 33 of the solicitation. 3- The plans do not appear to delineate the milling and overlay. Can you provided [sic] a plan for quantity takeoff for this or an estimated quantity? See link below to see the limits of mill and overlay. *Link to the updated plans showing the limits of milling and overlay. The contractor shall also replace the stop bar, the white edge lines and the double yellow on the new asphalt. Striping replacement will be thermoplastic striping. httpsa/files.secureserver.net/OsOYkocQJ l IELD No Text iHOME OF'-, ES6AMMIED200t, Bid Number: Project Name: 20-PWO2 Taylor Road and Batesville Road Stormwater Improvement Bid Number: 20-PW02 Pr9ject Due Date and Time: Aft n: Honor Motes, Purchasing Office October 22, 2019 Number of Pages: 106 Local Time: 2:00pm Milton, GA 30004 ISSUING DEPARTMENT INFORMATION Issue Date: October 3, 2019 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cifyofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Tri Scapes, Inc. Bid Number: 20-PW02 City of Milton Name of Company or Firm Aft n: Honor Motes, Purchasing Office (Plecise rint _ e an sign n ink) 2006 Heritage Walk Special Instructions: Milton, GA 30004 Deadline for Written Questions 770-752-4698 October 14, 2019 at 5:00 pm Bidder Federal I.D. Number: Email questions to Honor Motes at 58-2077615 honor. motes@cifyofmi1tonga. us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authori Bidder gnat Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgia 30041 (Plecise rint _ e an sign n ink) R an an, Vic Pres enf Bidder Phone Number: Bidder F Num, er: 770-752-4698 770-752-67 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2077615 ryan@friscapes.com BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 20-PW02 1 I Page ESTABL1S1IED 2006 11319151 W1111 . 1 A' 0 a • +'I 1 1 + + •1111 1" TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 20-PW02 Taylor Road and Batesville Road Stormwater Improvement Replacement Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of fhe proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid, schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to ITB 20-PW02 13 1 Page complete all Work as scheduled in Task Order(s) issued. If weather affects the required completion schedule,. the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of Five percent of Dollars ($ (Five Percent of Amount Bid). total bid If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: 01v,.01110p00.0000 Signed, sealed, and dated this 22nd day of October 20 19 SGPPES'�� Bidder Mailing Address: Tri Scapes, Inc. 1595 Peachtree Parkway, Suite 204-396 Cumming, Georgia 30041 Signature: Print NamE Bidder. Tri Scapes, Inc. A Is Company Nami :. y° GEoRG* 00000011114E 90,b Title: Vice President ITB 20-PW02 14 1 Page IP ESTABLISHED 2006 plubl-614AALTal•s. BID BOND CITY OF aGEORGIA BIDDER (Name and Address): Tri Scapes, Inc. 1595 Peachtree Pkwy 8204-396,Cumming GA 30041 SURETY (Name and Address of Principal Place of Business): Hartford Fire insurance Company, One Hartford Plaza, Hartford, Connecticut 06155 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: 10/22/2019 PROJECT (Brief Description Including Location): Taylor Road and Batesville Road Stormwater Improvement Project BOND BOND NUMBER: N/A DATE (Not later that Bid due date): 10/22/2019 PENAL SUM: Five Percent of Bid Amount 5% (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER ®,<°SGP?1=S /,ice,®e Tri Scapes, inc. (S :alb . Bidder's Name and Corpora Signuse and Title: 1t ;ih,.° Attest: ITB 20-PW02 dk"Aik— le: Ut":tilet-s; SURETY By: .k-(-/ I V-n�41CIC- SignatW and Title: Christy Lackey, Attorney In Fact (Attach Power of Attorney) Attest: Signature nd Title: AecountMange, 15 1 Pa Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of fhis Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. ITB 20-PW2 16 1 Page 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 20-PW02 17 1 P o a Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Coder 20-262197 0 Hartford Fire Insurance Company, a corporation duly organizer) under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized tinder the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. yptntaw ris `xy-itrs ��` �y°'Sc°°*s".�"ra"» t t t' ,o.d xa.�• � 5967 � w � Q e _i ' � � � a. � r �•rarrr ttv so,tfbma � 1978. ; s 1679 ,.. l" 'r+t�•v>S�"� 3a r•'"•, '�Se �l4sr ysr /W e John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 11 th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Direct Inquiries/Claims to: ,% THE HARTFORD -IRF -1 BOND, T-12 POWER 0 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claims(o) hehartford.com call: 888-266-3488 orfax: 860-757-5835 Agency Name: POINTENORTH INSURANCE GROUP LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Coder 20-262197 0 Hartford Fire Insurance Company, a corporation duly organizer) under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized tinder the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited : Robert J. Ryan of Atlanta GA, Marilyn Brown, Keith H. Dillon, Joy Dooley, Angie E. Ferguson, Christy Lackey, John Langsfeld, Fred R. Mitchell, Madalyn H. Seiffert, William H. Skeeles, Rita L. Smith, Carolyn F. Smith, Billie Jo Whitehead of ATLANTA, Georgia their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. yptntaw ris `xy-itrs ��` �y°'Sc°°*s".�"ra"» t t t' ,o.d xa.�• � 5967 � w � Q e _i ' � � � a. � r �•rarrr ttv so,tfbma � 1978. ; s 1679 ,.. l" 'r+t�•v>S�"� 3a r•'"•, '�Se �l4sr ysr /W e John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 11 th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. �.TYty� �omacrr *E)0 s � .JPO '_—^C�,rertn¢s 44$Y F8::vlN� pronlva, itslnxF �••• ism�6� ,l�SV. Y a 'S'ay •hlpol5�„" � ncP• '�. .. it amoti• ,4 ��, - - , 11, 416� Kevin Heckman, Assistant Vice President ,% j Nonbl. Stranko NotaryPublic CERTIFICATE blyCommission Expires klarch 3l, 2018 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. �.TYty� �omacrr *E)0 s � .JPO '_—^C�,rertn¢s 44$Y F8::vlN� pronlva, itslnxF �••• ism�6� ,l�SV. Y a 'S'ay •hlpol5�„" � ncP• '�. .. it amoti• ,4 ��, - - , 11, 416� Kevin Heckman, Assistant Vice President [STABL(SIRD 2006 • QUALIFICATIONS SIGNATURE AND CERTIFICATION certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies; equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, hapter 4, Ar icle 4, Part 2 and Sections 45-10-20 et seq. have not been violated and wIlll n be�viotafed in any respect. Authorized Signa Print/Type Name RyatHo 10/22/19 Prinf/Type Company Name Here Tri Scapes, Inc. CORPORATE CERTIFICATE I, Mitzi Chambers , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Ryan Hogan who signed said bid in behalf of the Contractor, was then (title) Vice President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia ,a'''9p,PES 1�8''aa This 22nd day of C�;i0'�9 (Sign tour ae'/o11/010000i00. ITB 20-PW02 18 Page ESTABLISHED 2006 IBM= LIST OF SUBCONTRACTORS I do— X , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Blackjack Paving and Sealcoating Company Name: Td Scopes, Inc. ITB 20-PW02 19 1 Page ESTABLIS1[ED 2006 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, orcorporation 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_ 123689 1 hereby declare under penalty of perjury eVerify Number that the foregoing is true and correct. 06/02/08 Executed on Oct. , 22, 2019 in (city), Date of Authorization GA (state). Cumming Tri Scapes, Inc.. Signature of Authorized Officer or Agent Name of Contractor Ryan Hogan, Vice President Taylor Road and Batesville Road Stormwater Print d Name and Title of Authorized Officer Improvement Or ent Name of Project City of Milton, Georgia -- Name of Public Employer SUBS RIBJ AND 'WO N BEFORE ME ON TglS TH 2nd DAV,0K October 2019 s.>v c�O�TAq ;� 1'4niss10,�eF,c Comm, %' ITB 20-PW02 20 1 Page ESTABLISHED 2005 DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Tri Scapes, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) None List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value N/A Description Please Fist any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: None ITB 20-PW02 21 1 Page ESTABLISHED 2006 '-Tr// / :► • • ®� i '1 ► Bid Submittal Form - Taylor Rd and Batesville Rd Stormwater Improvement Project The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Tri Scapes, Inc. ADDRESS 1595 Peachtree P rk y„Su{t'Q 404-396, Cumming, Georgia 30041 AUTHORIZED SIGNATU PRINT / TYPE NAME Ryan oga TITLE Vice President Total Bid Price $__A9,901-99 Print Total Bid Price $ Forty-nine thousand, nine hundred one and 99/100 dollars Number of days to fully complete project (exclude weather related days) 21 days ITB 20-PW02 33 1 Page__ "EXHIBIT NONCOLLUSION OF • • C 11 STATE OF Georgia COUNTY OF Forsyth Ryan Hogan , being first duly sworn, deposes and says that: (1) He is Vice President (Owner, Partner, Officer, Representative, or Agent) of Tri Scapes, Inc. (the " Bidder (Proposer/Bidder)) that has submitted the attached Bid (Proposal/Bid); (2) He is fully informed respecting the preparation and contents of the attached Bid (Proposal/Bid) and of all pertinent circumstances respecting such Bid (Proposal/Bid); (3) Such Bid (Proposal/Bid) is genuine and is not a collusive of sham Bid (Proposal/Bid); (4) Neither the said Bidder (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 Bidder (Proposer/Bidder), firm or person to submit a collusive or sham Bid (Proposal/Bid) in connection with the Contract for which the attached Bid (Proposal/Bid) has been submitted or to refrain from bidding (proposing/bidding) in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bid (Proposer/Bidder), firm or person to fix the price or prices in the attached Bid (Proposal/Bid) or of any other Bidder (Proposer/Bidder), or to fix any overhead, profit or cost element of the Bid (Proposal/Bid) price of any other Bidder (Proposer/Bidder) or to secure through any collusion, conspiracy,, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid (Proposal/Bid) are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder (Proposer/Bidder) or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. ler (Proposer/Bidder) has not directly or indirectly violated any law, ordinance or to the der (Proposal/Bid). = SUBSCRIBED AND SWORN BEFORE of A ithoriz fficei or Agent ME ON THIS THE 22nd DAY OF Printed Name and Title of Authorized Officer or Agent SAMPLE CONTRACT 451 Page III CERTIFICATE OF LIABILITY INSURANCEDATE (MMIDDYYYY) 10/24/2019 F_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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). PRODUCER CONTACT Stephanie Smith, CISR NAME: PointeNorth Insurance Group, LLC PNC (770) 858-7540 FAx (770) 858-7545 A/C No Ext: (A No): PO Box 724728 E-MAIL ssmith@pointenorthins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL. # Atlanta GA 31139 INSURERA: Grange Mutual Ins Co AXIII 14060 INSURED INSURER B.: Accident Fund Ins. Co ofAmerica A- XII 101.66 TRI SCAPES, INC. INSURER C : 1595 Peachtree Parkway, Suite 204-396 INSURER D: INSURER E CUMMING GA 30041 INSURER F: COVERAGES CERTIFICATF NIIMRFR- 18/19 NKq; 19/2U WG RPVICInrd NrI"RPP. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADUL INSD 6ULJH WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $. 1,000,000 CLAIMS -MADE ®OCCUR DAMAGE N 100,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y CPP2771706 12/01/2018 12/01/2019 GEN'LAGGREGATE .LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 POLICY ® PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 2,000,000 Employment Practices $ 50;000 OTHER: AUTOMOBILE LIABILITY GOM0I14E6914606iIMIT $ 1;000;000 Ea. accident X ANYAUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y CA 2771709 12/01/2018 12/01/2019 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ .5,000,000 A EXCESS LIAB CLAIMS -MADE Y Y CUP2771712 12/01/2018 12/01/2019 AGGREGATE $. 5,000,000 DED I X RETENTION $ 0 Follows Form $ B WORKERS COMPENSATION- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If Yes, describe under DESCRIPTION OF OPERAI"IONS below. NIA Y WCV6168314 .07/01/2019 07/01/2020 %� STA UTE EORH E.L.EACH ACCIDENT $ 1,000.,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment Installation Floater CPP2771706 12/01/2018 12/01/2019 Limit 35,000 Limit 100,000 DESCRIPTION OF OPERATIONS.I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Stormwater Improvements at Taylor Rd & Batesville Rd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk .AUTHORIZED REPRESENTATIVE f .Milton GA 30004 t , %` �.,( ACORD 25 (2016103) @1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD See Exhibits "A " and "B No Text 00.14Me1tslim dsit ® KNOW ALI., MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Forty-nine Thousand, Nine Hundred and One Dollars and Ninety-nine Cents ($49,901.99), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Storinwater lrnprovements at Taylor Road and Batesville Rd; Milton, Georgia (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"),. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments; liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the perforinance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. A est�-o C l y`'�(signature) &, fA ,J L�GdUh c (print) Title: A114at _qe(`i e ect'y Date: � � - I- I � Att t: We) Karin Maynard (print) Title: Account Manager Date: CONTRACTOR ("Principal"): Tri Scapes, Inc. ,a`�asoa:�ae�o• By: natil�e}, C� �j Title: 71 eS4lKlek—V r;'tj(��A�L•'��� Date: C nNTR A C'TnR'C CTTR V TV - Christy Lackey (print) Title: Attorney In Fact ' {SEAL) Date: � � - I - 0 (ATTACH SURETY'S POWER OF ATTORNEY) Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 YPOWER OF ArMr'"ORNET One Hartford Plaza Hartford, Connecticut 06155 Bond. Claims(cDthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC A encyCode: 2 0-2 62197 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest; a corporation duly organized under the laws of Che State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �Q�,if rr �trr 0t x� ,ills q >�iP b `� s• Plf6 x s 4@gyp � ir'searq ''"r�,cauc+. ro �'�> } ".r. 4 rtiar ri �r ¢DaaliNP Pg70 �,s IZA o I 74 r 9 • � _� �++ws� IR �. gyp. '�cl lyv�5 Ife�alf' �r //W e John Gray, Assistant Secretary STATE OF CONNECTICUT ss, Hartford COUNTY OF HARTFORD M. Ross Fisher, Senior Vice President On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford; State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like_ authority. Kathleen T. Maynard a . Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force affective as of Signed and sea)ed of the City of Hartford, g1'rVf�, r �t x�li,trs_�� a4+`°`qn °casx 3"ri r ^ a > a r 97 * r r a ti �Tm B iyl0 'eara� ! g 7 9 €; 9s i'� I 9 a'bg 'lanaea. y Yi' Kevin Heckman, Assistant Vice President POA 2018 - _. "EXHIBIT D.2" PAYMENT BOND 20BCHX8635 CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scqpes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Forty-nine Thousand, Nine Hundred and One Dollars and Ninety-nine Cents ($49,901.99), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as S tormwater Improvements at Taylor Road and Batesville Road, Milton, Georgia (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the claim and shall remove any such lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CO By: Title: Date: i ( - - i q Attest: /}�%, wt, 4TL9� (signature) (�G!llt/nw-(printed) Title: Abji� ,,- !�e Date: �� - -I- Irl / *1'810011°,•08 pE i,inature ` . c ' • Vne'�' ''4S a\ •°°��Ioe11a111a1\ di - CONTRAC,"'S SURETY: Hartford By: I I / "(signature) risty Lackey (printed) Title: Attorney In Fact (SEAL) Date: Title: Account Manager Date: (ATTACH SURETY'S POWER OF ATTORNEY) Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 All POW -l -7R 0-T-1 A F-'" r7 ORN-LOne Hartford Plaza Hartford, Connecticut 06155 Bond. Claims(cDthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make; constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by E, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorneys �pt�t�ki v� ask v�4.tttrs:drFo � %°•'._[ AT tVra •�'ryNuce.,� a' Malt y�'¢y w„ �' •'•, aK.r ttvt,ti saaIAA1•,� P.974r.-�1 Y87 grc 79°!9 a t * `'r r. -,,{{ �'^a*wN 'f'vp .,e •x��t '� ® rkri� 4ea0+ ��.��N�,,�� John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. M. Ross Fisher, Senior Vice President I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City, of Hartford. ivr orr tttrs ,,q,.��yt mak. ""*mb Or 7 e' }' ��_ .., {� ' �Aeewrao. °PbR ••�•�N� ® ,+:'t[4vi5' /gase++. '�;ftvlt�' Kevin Heckman, Assistant Vice President POA 301. a Kathleen T. Maynard NotaryPublic CERTIFICATE. My Commission Expires. July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City, of Hartford. ivr orr tttrs ,,q,.��yt mak. ""*mb Or 7 e' }' ��_ .., {� ' �Aeewrao. °PbR ••�•�N� ® ,+:'t[4vi5' /gase++. '�;ftvlt�' Kevin Heckman, Assistant Vice President POA 301. 1 KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "Contractor's Surety"), are held and firmly bound unto the City of Milton; Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City for maintenance of improvements as described below in the sum of sixteen thousand, six hundred and thirty-four dollars ($16,634.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written agreement with the City for the construction of a project known as Stormwater Improvements at Taylor Road and Batesville Road, Milton, Georgia (hereinafter referred to as "the Project"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "Contract"). WHEREAS, said Project has been approved by the City of Milton, under the terns that a maintenance bond is required of said Principal and good and sufficient surety payable to the City, and conditioned that the Principal shall, for a period of two (2) years beginning on the date of final completion of the Project, repair and replace any defects arising from the Project in accordance with all applicable federal and state laws, with the Agreement, and with all applicable City regulations, including but not limited to the Code of Ordinances for the City of Milton, Georgia, in force as of the date of said approval. NOW THEREFORE, the conditions of this obligation are as follows: I.That if the Principal shall repair and replace any and all defects arising from the Project, whether resulting from defective materials or defective workmanship, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, which the City -may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements described herein, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance by the Principal; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this bond no later than thirty (30) days after written notice from the City to the Contractor's Surety; b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this bond shall be subject to the advance written approval of the City. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. Attest: Title: Date: Attest: (signature) (print) (signature) (print) CONTRACTOR ("Principal"): Tri Scapes, Inc. m Title: Date: HOM WI qS 1 00 UPAL -all .0 Title: Date: Title: Date: (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) _ (SEAL) (signature) (print) (SEAL) See Exhibit B 47 M410121 1 1, , hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by or any of its subcontractors in connection with the construction of for City of Milton, Georgia have been paid and satisfied in full as of , 20 , and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Signature Title Personally appeared before me this day of , 20 , who under oath deposes and says that he is of the firm of , that lie has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. Notary Public [NOTARY SEAL] My Commission Expires "EXHIBIT G.1" STATE OF COUNTY OF J:: r;54h 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: la3�g� Federal Work Authorization User Identification Number 0 Date of Authorization Tri. Scapes, Inc. Name of Contractor Stormwater Improvements: Taylor Rd and Batesville Rd 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 AloV 4 , 20_Lt in CtAm +- N� (cit? q (state]; Si a e of Authorized Officer or Agent jj �G�CCGc��GIY-+tVl, �j'GS+c'�er%f CI—� Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE � DAY OF No,l, , 20j_C . Nota y OWlic [NOTARY SEAL] `0%1111ttlt�s�` o Z °J•Cy9i�si My Commission Expires,-' corn�,rssoy.''��i NOT°: �r Q. ; 2020..... 020�� �°',�U�ITy, a 0*114 46 11 10 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 Tri Scapes, 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 Stormwater Improvements: Taylor Rd and Batesville Rd 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: 2 0.14 111 H 0 a a, w See Exhibit C "EXHIBIT I" A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-3`66. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred; or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. Reserved a WMI I 1 11110 IMA The City will be Administering the Contract Itself 0 *114 05 11 H VIN m See Exhibit it A "EXHIBIT M" Contractor Responsibility for Project and Worksite During Construction Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor: shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before Final Completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section I I (A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance.. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to theContractor. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic -related damage to the Project or worksite other than damage attributable to the Contractor's actions or inadequate construction. MILTON ~ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions (Consent Agenda) Name of Development / Location Action Comments Total Density I# lots Acres Large 1. The Conservancy at Sweetapple LL 1017 & 1018 Lot Create 4 14.21 0.28 Lots/ 13100 Sweetapple Road Minor Lots acre Plat MEETING DATE: Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( y/4.PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: /1/1 0 /2-011 () NOT APPROVED (..y'NO ('1NO () NOT APPROVED 20 06 He ritage Walk Milton, GA P: 678.242.2500 I F: 678 .242.2499 info @ci tyofmiltonga.usI www.cityofmiltonga .us oeoo To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on November 7, 2019 for the November 18, 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 Conservancy at Sweetapple minor plat described herein consists of a 14.21 acre parcel located at 13100 Sweetapple Road to be subdivided into 4 separate “large” lots. The size of the lot’s ranges from 3.00 to 4.88 acres and will be accessed with a “modified drive”. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 4 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. The Conservancy at Sweetapple LL 1017 & 1018 13100 Sweetapple Road Large Lot Minor Plat Create 4 Lots 14.21 0.28 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 MILTON "' ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2019 FROM: Steven Krokoff, City Manager Q AGENDA ITEM: Proclamation in Recognition of the North Fulton SWAT Team for Excellence in Service to Our Community MEETING DATE: Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF : 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0900 Recognition of the North Fulton SWAT Team for Excellence in Service to Our Community WHEREAS, The City of Milton Police Department seeks to keep our citizens and visitors as safe as possible; and WHEREAS, The City of Milton Police Department understands the importance of being fully prepared to meet the unique challenges of high-risk situations that imminently threaten the safety and well-being of our citizens; and WHEREAS, to ensure safety in these high-risk situations, the City of Milton Police Department has partnered with the police departments of the City of Alpharetta and the City of Roswell to form the collaborative highly-trained and well- equipped North Fulton SWAT Team ; and WHEREAS, The North Fulton SWAT team is comprised of an exceptional interdisciplinary team of tactical operators, negotiators, telecommunicators, team physicians, and mental health professionals all who respond in times of crises; and WHEREAS, The North Fulton SWAT Team has responded to three incidents in the City of Milton thus far in 2019; two involving armed gunmen; and WHEREAS, all three incidents were resolved peacefully and without injury due to the team’s expertise in tactics and patient communications and the team’s unequivocal value for the sanctity of all human life; and WHEREAS, The North Fulton SWAT team serves the citizens of Milton, Alpharetta, and Roswell with valor and distinc tion and with a passion for public service and safety . NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim and recognize the North Fulton SWAT Team’s selfless service and intrinsic value to the safety and security of our community. Given under our hand and seal of the City of Milton, Georgia on this 18th day of November 2019. _________________________________ Joe Lockwood, Mayor MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2019 Steven Krokoff, City Manage(J) Proclamation Recognizing the NAFL Milton Eagles 4th Grade Tackle Football Team Day. Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ( ~PPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: () YES () YES AP PROV AL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678 .242.2500 IF: 678.242.2499 info @cityofmiltonga.us Iwww.cityofmiltonga.us 0 900 NAFL Milton Eagles 4th Grade Tackle Football Team Day WHEREAS, football is a sport that requires physical strength and endurance, mental toughness and a substantial commitment of time; and WHEREAS, the City of Milton is in its inaugural year hosting the North Atlanta Football League youth football program at Bell Memorial Park; and WHEREAS, the 4th grade Milton Eagles, led by Coach Sean-Michael Yonson, is a team made up of 21 players and 8 coaches; and WHEREAS, the 4th grade Milton Eagles, posted a season record of 10 wins against 1 loss while defeating the 4th grade Cambridge tackle football team in the GFA 2019 Lanier Bowl league championship by a score of 18 – 0; and WHEREAS, the players on the 2019 NAFL Milton Eagles 4th Grade Tackle Football Team are champions not only on the field, but also in the classroom, in the community and in life. We are proud that this great team is located in Milton, Georgia. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim Monday, November 18th as “NAFL Milton Eagles 4th Grade Tackle Football Team Day” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 18th day of November 2019. _________________________________ Joe Lockwood, Mayor MILTON\t TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 14, 2019 Steven Krokoff, City Manager (]) Consideration of an Ordinance to Amend Article II of Chapter 36, Door to Door Salesmen, of the Code of the City of Milton, Georgia Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,yAPPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: (-(YES (/'YES APPROVAL BY CITY ATTORNEY: (/4PPROVED PLACED ON AGENDA FOR: I// I~/ 2.0,q () 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 STATE OF GEORGIA ORDINANCE NO. _____ COUNTY OF FULTON AN ORDINACE TO AMEND ARTICLE II OF CHAPTER 36, DOOR TO DOOR SALESMEAN, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Article II of Chapter 36 of the City of Milton Code of Ordinances regulates the door-to-door solicitation in the City of Milton and imposes various requirements and regulations on individuals seeking to solicit within the City; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing regulations; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Article II of Chapter 36 of the City of Milton Code of Ordinances is hereby replaced in its entirety by the text attached hereto as Exhibit A. SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. SO ORDAINED this the _____2nd day of December_________________, 2019___, the public’s health, safety, and welfare demanding it. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk Exhibit A ARTICLE II. - DOOR-TO-DOOR SALESMEN DIVISION 1. - GENERALLY Sec. 36-19. - Definitions. For the purpose of this article, the following words as used herein shall be considered to have the meaning herein ascribed thereto: Handbill means any printed or written material, any leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature pertaining to any speech, whether commercial or noncommercial. Moral turpitude means, in relation to a criminal offense, a crime that is contrary to justice, honesty, modesty, good morals or a person's duty to other people. Misdemeanors that are crimes of moral turpitude for the purpose of this article include, but are not limited to, theft, bad checks, shoplifting, making terroristic threats, giving a false name to a police officer, false swearing, forgery, fraud and e xtortion. Licensed solicitor includes any person who has obtained a valid permit as hereinafter provided, which permit is in the possession of the solicitor on his or her person while engaged in soliciting. Residence includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. Soliciting includes any one or more of the following activities: 1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; 2) Seeking to obtain prospective customers for the application or purchase of insurance of any type, kind or publication; or 3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. Solicitor includes any person who solicits orders or appointments on behalf of a firm, corporation, company, association, partnership or individual for any goods, wares, services, or merchandise or other things of value, from house to house. Any person who obtains orders or appointments for merchandise, services, or other things of value shall be deemed a solicitor. The term solicitor shall not mean an individual or field sales representative working for or on behalf of a bona fide charitable or nonprofit organization, or students or parents of students (i.e., PTA, booster club organizations) participating in approved school-sponsored fund raisers. Secs. 36-20—36-38. - Reserved. DIVISION 2. - PERMIT Sec. 36-39. - General provisions. (a) Required. It shall be unlawful for any person to engage in the business of soliciting, calling on residences door-to-door without first having obtained a permit in accordance with the provisions contained in this article. (b) Exceptions. The requirement of subsection (a) of this section is meant to apply to door -to- door solicitations for commercial transactions for profit only. The requirement of subsection (a) of this section does not apply to the following: 1) It is not meant to regulate solicitation for charitable, political, or other nonprofit purposes; provided that all sales proceeds are the property of and used by the nonprofit organization. 2) It does not apply to officers or employees of the city, county, state, or federal government, or any subdivision thereof, when on official business. (c) Display. Each person shall at all times while soliciting in the city carry upon his or her person the permit so issued and the same shall be exhibited by such solicitor whenever he or she is requested to do so by any police officer or by any person solicited. (d) Contents. Each permit issued shall contain: 1) The name of the solicitor; 2) The name and address of the person whom the solicitor is employed by or represents; 3) A photograph of the solicitor (such photograph shall be provided by the solicitor and shall be at least two inches by two inches in size); and 4) Physical description. (e) Expiration. The permit shall state the expiration date thereof. In no event shall a permit be valid for more than six months. Sec. 36-40. - Application. (a) Required; fee; contents. Application for a permit shall be made upon a form provided by the city, and shall be accompanied by the permit fee as established from time to time by the city council. , as cost for investigation and regulation under this article. This fee shall be used for payment of the cost of such registration, investigati on and regulation of persons subject to this article. The city treasurer's officepolice department shall have applications available on request. The applicant shall truthfully state in full the information requested on the application, to wit: 1) Name and address of present place of residence and length of residence at such address, also business address if other than present address; 2) Address of place of residence during the past three years if other than present address; 3) Age of applicant; 4) Physical description of the applicant; 5) Name and address of the person whom the applicant is employed by or represents; and the length of time of such employment or representation; 6) Name and address of employer during the past three years if other than the present employer; 7) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; 8) Proposed route, including streets to be included on each day, which applicant intends to follow; 9) The date, or approximate date, of the latest previous application for permit under this article, if any; 10) Whether the applicant has ever been convicted of a felony, a crime of moral turpitude, or any other violation of any state or federal law; 11) Names of magazines, books, or journals to be sold; 12) Names of the three most recent communities where the applicant has solicited house to house; 13) Proposed method of operation; 14) Description and license plate number of vehicle intended to be operated by applicant; 15) Signature of applicant; and 16) Social security number and date of birth of applicant. (b) Oath. All statements made by the applicant upon the application or in connection therewith shall be under oath. (c) FingerprintsCriminal Record. Upon application, the city’s police department shall, within ten days, examine the police record, if any, of the applicant. The applicant shall submit to fingerprinting a background investigation by the city public safety department in connection with the application for the permit. (d) Procedure upon filing solicitation application. The city police department shall review the application to determine its compliance with the terms of this article within seven (7) business days after receipt of the same. Thereafter, the city police department shall either issue a permit to the applicant or notify the applicant that the application has been denied. Any denial of an application shall be provided to the applicant in writing, and shall specifically note the specific reasons for denial. Such notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address. (d)(e) Records. The city manager shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permits issued under the provisions of this article, and of the denial of applications. Applications for permits shall be numbered in consecutive order as filed, and every permit issued shall be identified with the duplicate number of the application upon which it was issued. (e)(f) Reasons for denialDenial of a Permit. An application for a permit may be denied only for the following reasonsNo permit shall be issued to any person: 1) The applicant failed to fully complete the application or failed to provide all required information; 2) The applicant gave fraudulent or untruthful information in the original application or renewal process; 3) The applicant Who has been convicted of or plead guilty or nolo contendere to a felony; 4) Within five years of the date of the application, the applicant has been convicted of or plead guilty or nolo contendere to a or crime of moral turpitude within five years of the date of the application; 5) Within five years of the date of the application, th e applicant has been convicted or plead guilty or nolo contendere to a crime involving: a. Illegal gambling; b. Illegal possession or sale of controlled substances; c. Keeping a place of prostitution; d. Pandering; e. Pimping; f. Public indecency; g. Prostitution; h. Solicitation of sodomy; or 1) Any sexual related crime. i. The applicant Who has been convicted of a violation of any of the provisions of this article; or 6) 7) The applicant Whose has previously had a permit issued hereunder has previously been revoked as herein provided. (g) Permit fee good for six monthsTerm; renewal. A permit issued under this article The fee for a permit shall be valid for a six-month period . from the date the permit is issued. The permit may be renewed by filing a renewal application upon forms prescribed by the city, and paying a renewal fee to cover the expense of updating the investigative report. Sec. 36-41. - Revocation. (a) Any permit issued hereunder shall be revoked by the city manager if the holder of the permit is convicted of a violation of any of the provisions of this article or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this article. (b) Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his or her residence address set forth in the application or at the applicant's last known address. (c) Immediately upon the giving of such notice the permit shall become null and void and must be turned in to the city manager's office. Secs. 36-42.- Appeals by solicitors (a) A solicitor shall have the right to file an appeal to the city council for the denial of a permit or the revocation of a permit under this article. (b) If any solicitor or his company is dissatisfied with the decision of the city council upon appeal, he or she shall have the right to appeal as provided by the laws of the state. Secs. 36-43—36-60. - Reserved. DIVISION 3. - REGULATIONS Sec. 36-61. - Routes. To the extent practical, each solicitor shall identify the streets and routes which he or she will follow on each day he or she is engaged in the business of soliciting. If changes in routes are made, then such changes must be immediately reported to the city manager's office. Sec. 36-62. - Prohibited acts. (a) Fraud, misrepresentation, etc. Any licensed solicitor who shall be guilty of any fraud, cheating or misrepresentation, whether himself or herself or through an employee, while acting as a solicitor in the city, shall be deemed guilty of a violation of this article. (b) Creating nuisance. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting if the occupant of said residence has made it clear, by written sign or otherwise, that solicitors are not invited. No person shall enter a home without the express invitation of the occupant or owner. If a "no soliciting" sign is posted, no soliciting shall occur. (b) (c) Prolonged stay after request to leave. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant or when the occupant indicates that he or she is not interested in purchasing the solicitor's product. (d) Entry on Private Property, Generally. If a "no soliciting" sign is posted, no handbills shall be left on the property. Irrespective of whether an individual is a solicitor, any person who distributes handbills on property containing a “no-soliciting” sign shall be in violation of this ordinance and subject to citation. (d) Selling outside prescribed times. 1) It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed under this article or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting, prior to 10:00 a.m. or after 6:30 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m. Eastern Daylight Saving Time, Monday through Saturday, or at any time on Sunday, or on a state or national holiday. 2) Solicitations for political purposes shall not occur prior to 10:00 a.m. or after 7:00 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m. Eastern Daylight Saving Time. Secs. 36-63.-Penalties. In addition to section 36-41 of this article, any person who violates any provision of this article shall be subject to citation and prosecution in municipal court, with a fine of up to $1,000.00 and/or imprisonment in jail for a period not to exceed 60 days or both. Secs. 36-64—36-81. - Reserved. MILTON "' TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 C ITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2019 Steven Krokoff, City Manager{)> Consideration of a Resolution Adopting the 2020 City of Milton City Council Regular Council Meeting and Work Session Schedules Monday, November 18, 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: () NOT APPROVED (j/41O (.(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 Gordon, City Clerk Date: Submitted on November 12, 2019 for the November 18, 2019 City Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the 2020 City of Milton City Council Regular Meeting and Work Session Schedule. ____________________________________________________________________________ Department Recommendation: Approve the Council and Work Session meeting dates for 2020. Executive Summary: The City of Milton is committed to conducting city business in a manner that complies with all legal requirements, fosters citizen confidence in city government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager Attachment(s): • Resolution Adopting the 2020 City of Milton City Council Regular Meeting and Work Session Schedule • Council and Work Session Meeting Schedule 2020 • City of Milton 2020 Holiday Schedule STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2020 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular Session on the 18th day of November 2019 at 6:00 pm as follows: SECTION 1. That the schedule for the 2020 City Council Regular and Work Session Council Meeting Dates is hereby approved as attached; and SECTION 2. That resolutions in conflict with this Resolution are hereby repealed; and SECTION 3. That this Resolution will become effective January 1, 2020. RESOLVED this 18th day of November 2019. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk J A N U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U N E S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U S T S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2020 MEETING CALENDAR 2020 Council and Work Session Meeting Calendar Work Session Dates A Work Session is scheduled on dates highlighted: they may be canceled by Council if not needed. Regular Council Meeting Days 2020 Holidays Observed 1/1 New Year’s Day 1/20 Martin Luther King Day 2/17 Presidents Day 5/25 Memorial Day 7/3 Independence Day 9/7 Labor Day 11/11 Veteran’s Day 11/26 Thanksgiving 11/27 Day after Thanksgiving 12/24 Christmas Eve 12/25 Christmas Day January 24-27 Mayor’s Day Conference Atlanta, GA April 6-10 Spring Break Fulton County Schools June 26-30 GMA Conference Savannah, GA CITY OF MILTON 2020 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Wednesday, January 1, 2020 Martin Luther King, Jr. Day Monday, January 20, 2020 President’s Day Monday, February 17, 2020 Memorial Day Monday, May 25, 2020 Independence Day Friday July 3, 2020 Labor Day Monday, September 7, 2020 Veterans Day Wednesday, November 11, 2020 Thanksgiving Day Thursday, November 26, 2020 Day after Thanksgiving Friday, November 27, 2020 Christmas Eve Thursday, December 24, 2020 Christmas Day Friday, December 25, 2020 Floating Holiday Employee’s Birthday MILTON "' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2019 FROM: Steven Krokoff, City Manager@ AGENDA ITEM: Approval of Subdivision Plats and Revisions (New Business) Name of Development / Location Action Comments Total Density I# lots Acres 1. Bethany Preserve Final Land Lot 889,890, 911, 912 Plat 7 Lots 22.078 .32 Lots / Acre 13755 Bethany Road MEETING DATE: Monday, November 18, 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 A 1TORNEY: () APPROVED PLACED ON AGENDA FOR: () NOT APPROVED (/NO ( .;/410 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 IF: 678.242.2499 info@cityofmiltonga.usIwww.cityofmiltonga.us 0 800 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on November 7, 2019 for the November 18, 2019 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Bethany Preserve final plat described herein consists of a proposed 7 lot subdivision located at 13755 Bethany Road. The total area contained in this plat is 22.078 acres and the size of the lots range from 1.575 acres to 8.974 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): New Business Plats Staff Memo Page 2 of 7 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Bethany Preserve Land Lot 889, 890, 911, 912 13755 Bethany Road Final Plat 7 Lots 22.078 .32 Lots / Acre New Business Plats Staff Memo Page 3 of 7 New Business Plats Staff Memo Page 4 of 7 New Business Plats Staff Memo Page 5 of 7 New Business Plats Staff Memo Page 6 of 7 New Business Plats Staff Memo Page 7 of 7 MILTON\t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 14, 2019 FROM: Steven Krokoff, City Manager(} AGENDA ITEM: Consideration of a Resolution for an Emergency Moratorium for the Application of Occupational Tax Certificate for the Operation of "Shareable Dockless Mobility Devices" also known as Electronic Scooters and/or Bicycles MEETING DATE: Monday, November 18, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER : ( J/4.PPROVED CITY ATTORNEY APPROVAL REQUIRED : CITY ATTORNEY REVIEW REQUIRED: (.y'YES (-.(YES APPROVAL BY CITY ATTORNEY: (/APPROVED 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: Parag Agrawal, Community Development Director Date: Submitted on November 14, 2019 for the November 18, 2019 Regular City Council Meeting Agenda Item: Consideration of a Resolution for an Emergency Moratorium for the Application of Occupational Tax Certificate for the Operation of “Shareable Dockless Mobility Devices” also known as Electronic Scooters and/or Bicycles. Department Recommendation: Staff is recommending approval of the Resolution as submitted. Executive Summary: This emergency moratorium is necessary in order to allow Staff adequate time to write regulations as it pertains to Electric Scooters operating within the City. The moratorium for application of Occupational Tax Certificates (Business Licenses) will end after six months from the adoption of the emergency moratorium. Funding and Fiscal Impact: No impact on funding or fiscal impact. Alternatives: Other directed Council action. Legal Review: Paul Frickey, November 14, 2019 Concurrent Review: Steven Krokoff, City Manager Attachment(s): Resolution for an Emergency Moratorium STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON BARRING THE ISSUANCE OF OCCUPATIONAL TAX CERTIFICATES FOR THE OPERATION OF SHAREABLE DOCKLESS MOBILITY DEVICES (INCLUDING ELECTRONIC SCOOTERS AND BICYCLES) WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a municipality may adopt clearly reasonable ordinances, resolutions, and regulations; WHEREAS, O.C.G.A. § 48-13-6(b) authorizes, but does not require cities “to provide for the levy, assessment, and collection of occupation tax on those businesses … which have one or more locations or offices with the corporate limit”; WHEREAS, the City of Milton, Georgia’s (“City’s”) police power extends to the preservation of the public health, safety and welfare; WHEREAS, the City has become aware of possible safety and aesthetic concerns associated with the operation of dockless mobility devices, including but not limited to electronic scooters and bicycles (“dockless mobility devices”), including incidents that have resulted in injuries and even death as a result of such devices; WHEREAS, the City desires to consider and address appropriate regulation of such dockless mobility devices; WHEREAS, the City desires to avoid any potential operation of dockless mobility devices while the City considers such regulations; and WHEREAS, the City finds that a moratorium barring for a period of six (6) months the acceptance of applications for occupational tax certificates for businesses that deal in any way with commercial use of dockless mobility devices to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City’s police power, and in the best interests of the public health, safety, and welfare; NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Milton as follows: 1. The City does herby enact a moratorium barring for six (6) months the acceptance of applications for occupational tax certificates for businesses that deal in any way with commercial use of dockless mobility devices. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) the date that is six (6) months from the date of this Resolution; (2) approval by the CIty of an additional moratorium; (3) the adoption of an ordinance addressing the regulation of dockless mobility devices; or (4) action by the Mayor and City Council terminating the moratorium within the six (6) month period. 3. This Resolution shall be effective upon a majority vote of the Mayor and City council SO RESOLVED, the public’s health, safety, and welfare demanding it, this 18th day of November, 2019. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk Seal